Wage Liens Struck for Lack of Worker Identification
Washington’s Court of Appeals determined on October 12 that two wage liens filed against apartment complexes lacked proper legal foundation due to missing information about the security personnel whose labor underpinned the claims.
The ruling clarified that while class-action representatives may file wage liens on behalf of broader groups, those filings must still specify which individuals’ work supports each lien.
The case centered on liens recorded by former security employees Andrew Radulescu and Justin Green against Portsmith Apartments LLC and Sunrise Lane Apartments LLC. These properties were targeted as part of efforts to enforce a $2.64 million default judgment secured from West Coast Security, the staffing firm that employed the guards.
The recorded liens sought $40,507.61 from Portsmith and $18,819.49 from Sunrise Lane. Though filed under Radulescu’s and Green’s names—and identifying their legal counsel—the documents did not list the actual workers whose claims formed the basis of the assertions. Neither Radulescu nor Green had performed duties at either property at the time the liens were filed.
Judge Ian Birk, writing for a three-judge panel, concluded the filings fell short of the Washington Wage Recovery Act’s (WRA) mandatory content standards. The WRA empowers qualifying employees to place liens on real estate for wages tied to work performed in maintaining that property, including security-related tasks like monitoring and safeguarding premises.
Under RCW 60.90.030, recorded wage lien notices must include the claimant’s full name, telephone number, and address. The court emphasized that the law distinguishes between the worker who accrues lien rights and any representative authorized to act on their behalf.
Radulescu and Green contended that their designation as class representatives gave them legal standing to record liens for the broader group of security staff, and that the submitted notices sufficiently met statutory requirements. The property owners opposed, asserting that class reps lacked authority to file such liens and that omitted details rendered the filings defective.
A prior ruling from the superior court had favored the workers, finding substantial compliance with the law and citing legislative intent to facilitate wage recovery.
The appellate court overturned that portion of the decision while affirming that class representatives may indeed record liens. It noted the statute explicitly permits class reps to pursue foreclosure to enforce wage liens, but clarified that representation does not automatically vest each representative with the underlying lien rights held by individual workers.
Accordingly, the court held that property owners must be informed about the specific employees whose services justified the liens.
The underlying litigation had sought recovery for unpaid compensation, missed breaks, improper deductions, and other labor violations. Radulescu separately pursued claims related to wrongful termination and retaliatory treatment. Following West Coast Security’s failure to respond, the trial court entered judgment for $2,642,144.36, encompassing back pay, damages, interest, and civil penalties.
The October 12 decision preserved that judgment intact and ordered dismissal of the supplemental complaint targeting the two apartment owners. The case now returns to superior court for further action aligned with the appellate ruling.
Judges David Mann and Linda Coburn concurred in the opinion.
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