Kentucky Statutes 337.385 – Employer’s liability — Unpaid wages and liquidated damages — Punitive damages for forced labor or services
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(1) 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 KRS § 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.
(2) 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.
(3) 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.
(4) 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 KRS § 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.
(2) 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
Terms Used In Kentucky Statutes 337.385
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Commissioner: means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 337.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: is a ny person employed by or suffered or permitted to work for an employer, except that:
1. See Kentucky Statutes 337.010 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Wages: includes any compensation due to an employee by reason of his or her employment, including salaries, commissions, vested vacation pay, overtime pay, severance or dismissal pay, earned bonuses, and any other similar advantages agreed upon by the employer and the employee or provided to employees as an established policy. See Kentucky Statutes 337.010
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.
(3) 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.
(4) 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 KRS § 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.