KRS 337.385: Employer's liability -- Unpaid wages and liquidated damages -- Punitive

damages for forced labor or services -- Period of limitation.

(1) Except as provided in subsection (3) of this section, any employer who pays any

employee less than wag es and overtime compensation to which such employee is

entitled under or by virtue of KRS 337.020 to 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 employ ee 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 sho ws 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 337.285, the commiss ioner 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.

(5) Any court or administrative action under any provision of this chapter, not

otherwise subject to an express period of l imitations, shall be commenced within

three (3) years after the cause of action accrued.