Download as PDF
337.385 Employer's liability -- Unpaid wages and liquidated damages -Punitive damages for forced labor or services.
(1)
(2)
(3)
(4)
Except as provided in subsection (3) of this section, any employer who pays
any employee less than wages and overtime compensation to which such
employee is entitled under or by virtue of KRS 337.020 to 337.285 shall be
liable to such employee affected for the full amount of such wages and
overtime compensation, less any amount actually paid to such employee by
the employer, for an additional equal amount as liquidated damages, and for
costs and such reasonable attorney's fees as may be allowed by the court.
If, in any action commenced to recover such unpaid wages or liquidated
damages, the employer shows to the satisfaction of the court that the act or
omission giving rise to such action was in good faith and that he or she had
reasonable grounds for believing that his or her act or omission was not a
violation of KRS 337.020 to 337.285, the court may, in its sound discretion,
award no liquidated damages, or award any amount thereof not to exceed the
amount specified in this section. Any agreement between such employee and
the employer to work for less than the applicable wage rate shall be no defense
to such action. Such action may be maintained in any court of competent
jurisdiction by any one (1) or more employees for and in behalf of himself,
herself, or themselves.
If the court finds that the employer has subjected the employee to forced labor
or services as defined in KRS 529.010, the court shall award the employee
punitive damages not less than three (3) times the full amount of the wages
and overtime compensation due, less any amount actually paid to such
employee by the employer, and for costs and such reasonable attorney's fees
as may be allowed by the court, including interest thereon.
At the written request of any employee paid less than the amount to which he
or she is entitled under the provisions of KRS 337.020 to 337.285, the
commissioner may take an assignment of such wage claim in trust for the
assigning employee and may bring any legal action necessary to collect such
claim, and the employer shall be required to pay the costs and such
reasonable attorney's fees as may be allowed by the court. The commissioner
in case of suit shall have power to join various claimants against the same
employer in one (1) action.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 25, sec. 25, effective June 25, 2013. -Amended 2010 Ky. Acts ch. 24, sec. 1735, effective July 15, 2010. -- Amended
1978 Ky. Acts ch. 340, sec. 4, effective June 17, 1978. -- Created 1974 Ky. Acts
ch. 391, sec. 9.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.