Liens on Real Property by Labor Commissioner

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Under current law, the California Labor Commissioner has the authority to hear employee complaints regarding the payment of wages and other employment-related issues. The Labor Commissioner is required to file an order, decision, or award within 15 days after the hearing on the employee complaint. Once the order is final, the Labor Commissioner is required to file the final order with the Clerk of the Superior Court. The Clerk of the Superior Court enters judgment in conformity with the final order, which has the same force and effect as a judgment entered in a civil action.

Assembly Bill 1386 amends existing law to provide that as an alternative to obtaining a court judgment, upon the Labor Commissioner's order becoming final, the Labor Commissioner may create a lien on the employer's real property by recording a certificate of lien with the county recorder of any county in which the employer's real property may be located. Unless the lien is satisfied or released, the lien will continue until 10 years from the date of its creation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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