337.427 Collection of unpaid wages and other relief.

346 words·~2 min read·/ky/chapter-337/337-427

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any employer who violates the provisions of KRS 337.423 shall be liable to the

employee or employees affected in the amount of their unpaid wages, and in

instances of willful violation in employee suits under subsection

(2)of this

section, up to an additional equal amount as liquidated damages.

(2)Action to recover the liability 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 and other employees similarly situated. The court in the

action shall, in cases of violation in addition to any judgment awarded to the

plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the

defendant, and costs of the action.

(3)An agreement by any employee to work for less than the wage to which the

employee is entitled under KRS 337.420 to 337.433 and 337.990(11) shall not

be a bar to any such action, or to a voluntary wage restitution of the full amount

due under KRS 337.420 to 337.433 and 337.990(11).

(4)At the written request of any employee claiming to have been paid less than

the wage to which he may be entitled under KRS 337.420 to 337.433 and

337.990(11), the commissioner may bring any legal action necessary in behalf

of the employee to collect the claim for unpaid wages. The commissioner shall

not be required to pay the filing fee, or other costs, in connection with the

action. The commissioner shall have power to join various claims against the

employer in one

(1)cause of action.

(5)In proceedings under this section, the court may order other affirmative action

as appropriate, including reinstatement of employees discharged in violation of

KRS 337.420 to 337.433 and 337.990(11).

(6)The commissioner may on his or her own motion petition any court of

competent jurisdiction to restrain violations of KRS 337.423, and petition for

such affirmative relief as the court may deem appropriate, including restoration

of unpaid wages and reinstatement of employees, consistent with the purpose

of KRS 337.420 to 337.433 and 337.990(11).