§ 22-2-2-9 — Actions and proceedings; damages; limitation of actions; defenses

Any employer who violates the provisions of
section 4 of this chapter shall be liable to the employee or employees
affected in the amount of their unpaid minimum wages and in an equal
additional amount as liquidated damages. Action to recover such
liability may be maintained within three (3) years after the cause of
action therefor arises in the circuit or superior court of the county in
which the services out of which the claim arises were performed or in
which the defendant resides or transacts business. Such action may be
brought by any one (1) or more employees for and on behalf of himself
or themselves and all other employees of the same employer who are
similarly situated. No employee shall be a party plaintiff to any such
action unless he gives his consent in writing to become such a party
and such consent is filed in the court in which such action is brought.
The court in such action shall, in addition to any judgment awarded to
the plaintiffs, allow recovery of a reasonable attorney's fee and costs of
the action. No contract or agreement between the employee and the
employer nor any acceptance of a lesser wage by the employee shall be
a defense to the action.
Formerly: Acts 1965, c.134, s.9. As amended by P.L.144-1986,
SEC.3.