Kentucky Statutes 337.427 – Collection of unpaid wages and other relief
Current as of: 2024 | Check for updates
|
Other versions
(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 KRS § 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 KRS § 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 KRS § 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 KRS § 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 KRS § 337.433 and 337.990(11).
Effective:January 9, 2017
History: Amended 2017 Ky. Acts ch. 3, sec. 10, effective January 9, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 1739, effective July 15, 2010. — Amended
1990 Ky. Acts ch. 42, sec. 8, effective July 13, 1990. –Created 1966 Ky. Acts ch. 114, sec. 4.
(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.
Terms Used In Kentucky Statutes 337.427
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
(3) An agreement by any employee to work for less than the wage to which the employee is entitled under KRS § 337.420 to KRS § 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 KRS § 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 KRS § 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 KRS § 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 KRS § 337.433 and 337.990(11).
Effective:January 9, 2017
History: Amended 2017 Ky. Acts ch. 3, sec. 10, effective January 9, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 1739, effective July 15, 2010. — Amended
1990 Ky. Acts ch. 42, sec. 8, effective July 13, 1990. –Created 1966 Ky. Acts ch. 114, sec. 4.