California Labor Code

§ 238.3

LAB § 238.3 Effective Jan 1, 2016Div. 2 · Part 1 · Ch. 1 · Art. 1

Statute text

(a)The Labor Commissioner may create a lien on any personal property in California of an employer that conducts business in violation of Section 238 for the full amount of any wages, interest, and penalties claimed to be owed to any employee. To the extent attorney’s fees are specifically allowed to be recovered by this code, such as by, but not limited to, subdivision (f) of Section 2673.1 and Section 2802, during a hearing pursuant to Section 98, the Labor Commissioner may include that amount in the lien.

(b)The Labor Commissioner may create the lien provided in this section by filing a notice of lien with the Secretary of State on the standard form of initial financing statement pursuant to Section 9521 of the Commercial Code. The standard form shall be completed in the following manner:

(1)The Labor Commissioner shall be identified as the secured party.

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Legislative history

Added by Stats. 2015, Ch. 803, Sec. 7. (SB 588) Effective January 1, 2016.