damages for forced labor or services -- Period of limitation.
(1) Except as provided in subsection (3) of this section, any employer who pays any employee less than wages and overtime compensation to which such employee is entitled under or by virtue of KRS 337.020 to 337.285 shall be liable to such employee affected for the full amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, for an additional equal amount as liquidated damages, and for costs and such reasonable attorney's fees as may be allowed by the court.
(2) If, in any action commenced to recover such unpaid wages or liquidated damages, the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he or she had reasonable grounds for believing that his or her act or omission was not a violation of KRS 337.020 to 337.285, the court may, in its sound discretion, award no liquidated damages, or award any amount thereof not to exceed the amount specified in this section. Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action. Such action may be maintained in any court of competent jurisdiction by any one (1) or more employees for and in behalf of himself, herself, or themselves.
(3) If the court finds that the employer has subjected the employee to forced labor or services as defined in KRS 529.010, the court shall award the employee punitive damages not less than three (3) times the full amount of the wages and overtime compensation due, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney's fees as may be allowed by the court, including interest thereon.
(4) At the written request of any employee paid less than the amount to which he or she is entitled under the provisions of KRS 337.020 to 337.285, the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner in case of suit shall have power to join various claimants against the same employer in one (1) action.
(5) Any court or administrative action under any provision of this chapter, not otherwise subject to an express period of limitations, shall be commenced within three (3) years after the cause of action accrued. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 157, sec. 2, effective July 15, 2024. -- Amended 2013 Ky. Acts ch. 25, sec. 25, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 1735, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 340, sec. 4, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 391, sec. 9.
Notes of Decisions
Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354 (Ky. 2005).
· cites it 18× “KRS 337.385, enacted as part of the 1974 General Assembly’s major revision of Kentucky’s Wages and Hours Act, 1974 Ky.”
Williams v. King Bee Delivery, LLC, 199 F. Supp. 3d 1175 (E.D. Ky. 2016).
· cites it 21× “Defendants also argue that because KRS 337.385 expressly provides a private right of action for unpaid wages and overtime compensation, the Legislature’s intent to exclude all others should be inferred.”
England v. Advance Stores Co., 263 F.R.D. 423 (W.D. Ky. 2009).
· cites it 24× “Other than this statute, the sole remaining provision of KRS Chapter 337 that speaks directly to potential employer liability is found at KRS 337.385. Subsection (1) of the statute provides that any employer who pays any employee less than wages and overtime compensation to…”
Hackney v. Lincoln Nat'l Fire Ins. Co., 657 F. App'x 563 (6th Cir. 2016).
· cites it 6× “He claims that VSI breached the Agreement, the Plan, and its duty of good faith and fair dealing under both, and he claims that VSI owes him unpaid wages pursuant to Ky. Rev. Stat. § 337.385. Hackney also claims that Lincoln tortiously interfered with his contractual…”
Davis v. Siemens Med. Solutions USA, Inc., 399 F. Supp. 2d 785 (W.D. Ky. 2005).
· cites it 4× “Siemens argues that Davis has failed to make a prima facie case for lost wages under Ky. Rev. Stat. § 337.385. 12 The Court agrees.”
Lipson v. Univ. of Louisville, 556 S.W.3d 18 (Ky. Ct. App. 2018).
· cites it 4× “060 and KRS 337.385 8 by the University because, in his view, it had unlawfully recouped funds from his salary; (4) deprivation of his salary by the University without due process; and (5) unjust enrichment by UMC for failing to pay him working as OSC director.”
In re Anthem, Inc. Data Breach Litig., 162 F. Supp. 3d 953 (N.D. Cal. 2016).
“Instead, the Davenport court was presented with a claim under Ky. Rev. Stat. § 337.385, a statute governing unpaid overtime.”
Hunt v. Stainless, 482 S.W.3d 796 (Ky. Ct. App. 2016).
· cites it 5× “After entry of the judgment, Hunt filed a motion to recover his attorney fees as provided by KRS 337.385 and NAS filed a motion for court costs.”
Tina Vance v. Amazon.com, Inc., 852 F.3d 601 (6th Cir. 2017).
“§ 260 ; see also Ky. Rev. Stat. § 337.385(2). Plaintiffs reason that the adoption of this portion of the Act, but not its “preliminary” and “postlimi-nary” provisions, demonstrates the General Assembly’s intent to depart from the excluded terms.”
Noel v. Season-Sash, Inc., 722 S.W.2d 901 (Ky. Ct. App. 1986).
· cites it 6× “He further sought double damages and attorney's fees pursuant to KRS 337.385. The case was referred to the commissioner who conducted a full blown evidentiary hearing although a disposition on the merits of Noel's claim was never rendered.”
— Ky. Rev. Stat. § 337.385(1) — 20 cases
Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354 (Ky. 2005).
“KRS 337.385, enacted as part of the 1974 General Assembly’s major revision of Kentucky’s Wages and Hours Act, 1974 Ky.”
England v. Advance Stores Co., 263 F.R.D. 423 (W.D. Ky. 2009).
“Other than this statute, the sole remaining provision of KRS Chapter 337 that speaks directly to potential employer liability is found at KRS 337.385. Subsection (1) of the statute provides that any employer who pays any employee less than wages and overtime compensation to…”
— Ky. Rev. Stat. § 337.385(2) — 7 cases
Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354 (Ky. 2005).
“KRS 337.385, enacted as part of the 1974 General Assembly’s major revision of Kentucky’s Wages and Hours Act, 1974 Ky.”
Tina Vance v. Amazon.com, Inc., 852 F.3d 601 (6th Cir. 2017).
“§ 260 ; see also Ky. Rev. Stat. § 337.385(2). Plaintiffs reason that the adoption of this portion of the Act, but not its “preliminary” and “postlimi-nary” provisions, demonstrates the General Assembly’s intent to depart from the excluded terms.”
Williams v. King Bee Delivery, LLC, 199 F. Supp. 3d 1175 (E.D. Ky. 2016).
“Defendants also argue that because KRS 337.385 expressly provides a private right of action for unpaid wages and overtime compensation, the Legislature’s intent to exclude all others should be inferred.”
— Ky. Rev. Stat. § 337.385(5) — 1 case
— Ky. Rev. Stat. § 337.385(l) — 1 case
Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354 (Ky. 2005).
“KRS 337.385, enacted as part of the 1974 General Assembly’s major revision of Kentucky’s Wages and Hours Act, 1974 Ky.”
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