Employees of any person, association of persons, or corporation, whether such employment is at agriculture, mining, manufacture, or other manual labor, have a lien upon the real property of their employers for their wages. The lien is superior to the following liens taken or attaching during the existence of the unpaid labor claim:
(A) Liens of attachment;
(B) Liens of mortgage, that are:
(1) Given or taken at a time of actual insolvency of the debtor;
(2) Given with a view of preferring creditors;
(3) Given to secure a pre-existing debt.
Liens upon real property of employers for wages are superior to all exemptions.
If an employer is placed in the hands of an assignee, receiver, or trustee, claims due for labor performed within the period of three months prior to the time the assignee, receiver, or trustee is appointed, shall first be paid out of the trust fund, in preference to all other claims against the employer, except claims for taxes and the costs of administering the trust.
Effective Date: 09-28-1979