{"data":{"id":"us-ky/krs-337.385","jurisdiction":"us-ky","citation":"KRS 337.385","heading":"Employer's liability -- Unpaid wages and liquidated damages -- Punitive","body":"damages for forced labor or services -- Period of limitation.\n(1) Except as provided in subsection (3) of this section, any employer who pays any\nemployee less than wag es and overtime compensation to which such employee is\nentitled under or by virtue of KRS 337.020 to 337.285 shall be liable to such\nemployee affected for the full amount of such wages and overtime compensation,\nless any amount actually paid to such employ ee by the employer, for an additional\nequal amount as liquidated damages, and for costs and such reasonable attorney's\nfees as may be allowed by the court.\n(2) If, in any action commenced to recover such unpaid wages or liquidated damages,\nthe employer sho ws to the satisfaction of the court that the act or omission giving\nrise to such action was in good faith and that he or she had reasonable grounds for\nbelieving that his or her act or omission was not a violation of KRS 337.020 to\n337.285, the court may, in its sound discretion, award no liquidated damages, or\naward any amount thereof not to exceed the amount specified in this section. Any\nagreement between such employee and the employer to work for less than the\napplicable wage rate shall be no defense to  such action. Such action may be\nmaintained in any court of competent jurisdiction by any one (1) or more\nemployees for and in behalf of himself, herself, or themselves.\n(3) If the court finds that the employer has subjected the employee to forced labor or\nservices as defined in KRS 529.010, the court shall award the employee punitive\ndamages not less than three (3) times the full amount of the wages and overtime\ncompensation due, less any amount actually paid to such employee by the\nemployer, and for costs  and such reasonable attorney's fees as may be allowed by\nthe court, including interest thereon.\n(4) At the written request of any employee paid less than the amount to which he or she\nis entitled under the provisions of KRS 337.020 to 337.285, the commiss ioner may\ntake an assignment of such wage claim in trust for the assigning employee and may\nbring any legal action necessary to collect such claim, and the employer shall be\nrequired to pay the costs and such reasonable attorney's fees as may be allowed by\nthe court. The commissioner in case of suit shall have power to join various\nclaimants against the same employer in one (1) action.\n(5) Any court or administrative action under any provision of this chapter, not\notherwise subject to an express period of l imitations, shall be commenced within\nthree (3) years after the cause of action accrued.","path":["KRS Chapter 337"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55338","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:26Z","sha256":"462513bf9cd2c1c14267a48865c66f9bd1c00591bca69327ec748d5e2f937689","source_id":"us-ky","stale":false,"prev":"us-ky/krs-337.380","next":"us-ky/krs-337.390"},"notice":"GroundRules: Original legal text. Not legal advice."}