Section 238.2 Of Article 1. General Occupations From California Labor Code >> Division 2. >> Part 1. >> Chapter 1. >> Article 1.
238.2
. (a) The Labor Commissioner may create a lien on any real
property in California of an employer, or a successor employer
pursuant to subdivision (e) of Section 238, that is conducting
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 recording a certificate of lien using the same procedure
applicable under subdivision (g) of Section 98.2.
(c) The Labor Commissioner shall issue a certificate of release,
releasing the lien created under this section, upon final
satisfaction of any judgment entered in favor of the employee, upon
adjudication of the claim in favor of the employer, upon the filing
of a surety bond pursuant to Section 238. The certificate of release
may be recorded by the employer at the employer's expense.
(d) Unless the lien is satisfied or released, a lien under this
section shall continue until 10 years from the date of its creation.
(e) Prior to using the lien procedure in this section, the Labor
Commissioner shall provide at least 20 days' notice to the employer.
The notice shall advise the employer of the Labor Commissioner's
authority to create a lien on the property to secure payment of the
claim.
(f) The Labor Commissioner may serve the notice with and in the
same manner as the order, decision, and award in accordance with
Section 98.1.
(g) A lien created pursuant to this section is in addition to any
other lien rights available to an employee or to the Labor
Commissioner and shall not be construed to limit those rights.