44-1211. Liability of employer for payment of wages and overtime compensation; assignment of wage claim to secretary of human resources; attorney fees and costs.
44-1211
44-1211. Liability of employer for payment of wages andovertime compensation; assignment of wage claim to secretary of humanresources; attorney fees and costs.(a) On and after January 1, 1978, any employer who pays an employee lessthan the wages and overtime compensation to which such employee isentitled, under or by virtue of K.S.A. 44-1201 to 44-1213,inclusive, shall be liable to such employee affected for the full amountof such wages and overtime compensation, less any amount actually paidto such employee by the employer, and for costs and such reasonableattorney fees as may be allowed by the court in an action for therecovery of such wages and overtime compensation. Any agreement betweensuch employee and the employer to work for less than the applicable wagerate shall be no defense to such action. Such action may be maintainedin any court of competent jurisdiction by any one or more employees forand in behalf of such employee or employees.
(b) On and after January 1, 1978, at the written request of anyemployee who has been paid less than the amount to which he or she isentitled under the provisions of this act, the secretary may take anassignment of such wage claim in trust for the assigning employee andmay bring any legal action necessary to collect such claim, and theemployer shall be required to pay the costs and such reasonableattorneys' fees as may be allowed by the court. The secretary in caseof suit shall have power to join various claimants against the sameemployer in one action.
History: L. 1977, ch. 179, § 13; July 1.