§ 95-25.22. Recovery of unpaid wages.
§95‑25.22. Recovery of unpaid wages.
(a) Any employer whoviolates the provisions of G.S. 95‑25.3 (Minimum Wage), G.S. 95‑25.4(Overtime), or G.S. 95‑25.6 through 95‑25.12 (Wage Payment) shallbe liable to the employee or employees affected in the amount of their unpaidminimum wages, their unpaid overtime compensation, or their unpaid amounts dueunder G.S. 95‑25.6 through 95‑25.12, as the case may be, plusinterest at the legal rate set forth in G.S. 24‑1, from the date eachamount first came due.
(a1) In addition to theamounts awarded pursuant to subsection (a) of this section, the court shallaward liquidated damages in an amount equal to the amount found to be due asprovided in subsection (a) of this section, provided that if the employer showsto the satisfaction of the court that the act or omission constituting theviolation was in good faith and that the employer had reasonable grounds forbelieving that the act or omission was not a violation of this Article, thecourt may, in its discretion, award no liquidated damages or may award anyamount of liquidated damages not exceeding the amount found due as provided insubsection (a) of this section.
(b) Action to recoversuch liability may be maintained in the General Court of Justice by any one ormore employees.
(c) Action to recoversuch liability may also be maintained in the General Court of Justice by theCommissioner at the request of the employees affected. Any sums thus recoveredby the Commissioner on behalf of an employee shall be held in a special depositaccount and shall be paid directly to the employee or employees affected.
(d) The court, in anyaction brought under this Article may, in addition to any judgment awardedplaintiff, order costs and fees of the action and reasonable attorneys' fees tobe paid by the defendant. In an action brought by the Commissioner in which adefault judgment is entered, the clerk shall order attorneys' fees of threehundred dollars ($300.00) to be paid by the defendant.
The court may order costs andfees of the action and reasonable attorneys' fees to be paid by the plaintiffif the court determines that the action was frivolous.
(e) The Commissioner isauthorized to determine and supervise the payment of the amounts due under thissection, including interest at the legal rate set forth in G.S. 24‑1,from the date each amount first came due, and the agreement to accept suchamounts by the employee shall constitute a waiver of the employee's right tobring an action under subsection (b) of this section.
(f) Actions under thissection must be brought within two years pursuant to G.S. 1‑53.
(g) Prior to initiatingany action under this section, the Commissioner shall exhaust alladministrative remedies, including giving the employer the opportunity to beheard on the matters at issue and giving the employer notice of the pendingaction. (1959, c. 475; 1975, c. 413, s. 11; 1979, c. 839, s.1; 1989, c. 687, s. 4; 1991, c. 298.)