2009 New Jersey Code
TITLE 34 - LABOR AND WORKMEN'S COMPENSATION
Section 34:11
34:11-56.40 - Action for recovery of full amount of prevailing wage

34:11-56.40.  Action for recovery of full amount of prevailing wage
    If any workman is paid by an employer less than the prevailing wage to which  such workman is entitled under the provisions of this act such workman may  recover in a civil action the full amount of such prevailing wage less any  amount actually paid to him or her by the employer together with costs and such  reasonable attorney's fees as may be allowed by the court, and any agreement  between such workman and the employer to work for less than such prevailing  wage shall be no defense to the action.  Any workman shall be entitled to  maintain such action for and on behalf of himself or other workmen similarly  situated, and such workman and workmen may designate an agent or representative  to maintain such action for and on behalf of all workmen similarly situated.   At the request of any workman paid less than the prevailing wage to which such  workman was entitled under the provisions of this act the commissioner may take  an assignment of the wage claim in trust for the assigning workman and may  bring any legal action necessary to collect the claim, and the employer shall  be required to pay the costs and such reasonable attorney's fees as may be  allowed by the court.

     L.1963, c. 150, s. 16.

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