§104-28  Civil action.  (a)  The
following civil actions may be instituted in any court of competent
jurisdiction:



(1)  An action to recover unpaid wages or overtime
compensation may be maintained by any one or more laborers or mechanics for and
on behalf of oneself or themselves and others similarly situated; and



(2)  An action for injunctive and other relief against
an employer that fails to pay the prevailing wage to its employees as required
by this chapter by a joint labor-management committee established pursuant to
section 175a of the federal Labor Management Cooperation Act of 1978 (29 U.S.C.
175a).



(b)  The court, in its action and in addition
to any judgment awarded to the plaintiff or plaintiffs, shall allow reasonable
attorney's fee and costs of the action to be paid by the defendant.



(c)  It shall be no defense that the laborers
and mechanics accepted or agreed to accept less than the required rate of wages
or overtime compensation or voluntarily made refunds.



(d)  When a written request is filed by any
laborer or mechanic with the director claiming unpaid wages or overtime
compensation under this chapter, the director, after receiving an assignment
from the laborer or mechanic, may bring an action in any court of competent
jurisdiction to recover the amount of the claim.  The consent of any laborer or
mechanic to the bringing of such action by the director, unless the action is
dismissed without prejudice on motion of the director, shall constitute a
waiver by the laborer or mechanic of any right of action the laborer or
mechanic may have under subsection (a).  Any amount recovered by the director
before suit and accepted by the laborer or mechanic as payment in full shall
constitute a waiver of any rights under this chapter. [L 1995, c 181, pt of §2;
am L 2007, c 16, §1]