Employers should be on alert as their real property is no longer safe from the Labor Commission. Current law requires the Labor Commissioner to file a final order in an employment-related action with the clerk of the superior court. The superior court then enters judgment in conformity with the final order, and the judgment has the same force and effect as a judgment entered in a civil action. With AB 1386, the Labor Commissioner may now file a certified copy of the order with the county recorder of any county in which the employer’s property may be located. The amount due under the final order shall be a lien on the employer’s personal and real property, as specified, and would require the county recorder to record the order as a mortgage on the real estate and to file and index the order as a security interest.
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Labor Commissioner can obtain lien on employer’s real property
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