§ 11-4-611 — Action to collect unpaid wages

(a) An employer who violates the provisions of § 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages. (b) (1) Action to recover the wages may be maintained in any court of competent jurisdiction by any one (1) or more employees. (2) Any agreement between the employer and the employee to work for less than the wage to which the employee is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 shall be no defense to the action. (3) In addition to any wages recovered, the court in the action shall allow an additional equal amount as liquidated damages plus a reasonable attorney's fee and court costs. (4) At the request of any employee paid less than the wage to which he or she is entitled under this section, §§ 11-4-607 - 11-4-610 , and 11-4-612 , the Director of the Division of Labor may take an assignment of the wage claim in trust for the employee and shall bring any legal action necessary to collect the claim. The director shall not be required to pay any court costs in connection with the action. (c) Any action to recover wages and liquidated damages based on violation of § 11-4-610 must be commenced within two (2) years of the accrual thereof and not afterwards.

Legislative History

Amended by Act 2019, No. 910,§ 5328, eff. 7/1/2019. Acts 1955, No. 361, §§ 4, 7; A.S.A. 1947, §§ 81-626, 81-629.