337.385 Employer's liability -- Unpaid wages and liquidated damages.
(1) 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 <br>shall be liable to such employee affected for the full amount of such wages and <br>overtime compensation, less any amount actually paid to such employee by the <br>employer, for an additional equal amount as liquidated damages, and for costs and <br>such reasonable attorney's fees as may be allowed by the court. Provided, that if, in <br>any action commenced to recover such unpaid wages or liquidated damages, the <br>employer shows to the satisfaction of the court that the act or omission giving rise <br>to such action was in good faith and that he or she had reasonable grounds for <br>believing that his or her act or omission was not a violation of KRS 337.020 to <br>337.285, the court may, in its sound discretion, award no liquidated damages, or <br>award any amount thereof not to exceed the amount specified in this section. Any <br>agreement between such employee and the employer to work for less than the <br>applicable wage rate shall be no defense to such action. Such action may be <br>maintained in any court of competent jurisdiction by any one (1) or more employees <br>for and in behalf of himself, herself, or themselves.
(2) 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 <br>take an assignment of such wage claim in trust for the assigning employee and may <br>bring any legal action necessary to collect such claim, and the employer shall be <br>required to pay the costs and such reasonable attorney's fees as may be allowed by <br>the court. The commissioner in case of suit shall have power to join various <br>claimants against the same employer in one (1) action.
Effective: July 15, 2010 <br>History: 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. <br>Acts ch. 391, sec. 9.
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