§ 37-13-17 Private right of action tocollect wages or benefits. – (a) An employee or former employee, or any organization representing such anemployee or former employee, of a contractor or subcontractor may bring a civilaction for a violation of § 37-13-7 for appropriate injunctive relief, oractual damages, or both within three (3) years after the occurrence of thealleged violation. An action commenced pursuant to this section, may be broughtin the superior court for the county where the alleged violation occurred, thecounty where the complainant resides, or the county where the person againstwhom in the civil complaint is filed resides or has their principal place ofbusiness. Any contractor or subcontractor who violates the provisions of §37-13-7 shall be liable to the affected employee or employees in the amount ofunpaid wages or benefits, plus interest. A civil action filed in court underthis section may be instituted instead of, but not in addition to the directorof labor and training enforcement procedures authorized by § 37-13-14.1,provided the civil action is filed prior to the date the director of labor andtraining issues notice of an administrative hearing.
(b) An employer's responsibility and liability is solely forits own employees.
(c) An action instituted pursuant to this section may bebrought by one or more employees or former employees on behalf ofhimself/herself or themselves and other employees similarly situated, exceptthat no employee shall be a party plaintiff to any such action unless he/shegives his/her consent in writing to become such a party and such consent isfiled in the court in which such action is brought.
(d) In an action filed under this section in which theplaintiff prevails, the court shall, in addition to any judgment awarded to theplaintiff, require reasonable attorneys' fees and the costs of the action to bepaid by the defendant.
(e) The court in an action filed under this section shallaward affected employees or former employees liquidated damages in an amountequal to two (2) times the amount of unpaid wages or benefits owed. Unpaidfringe benefit contributions owed pursuant to this section in any form shall bepaid to the appropriate benefit fund, however, in the absence of an appropriatefund the benefit shall be paid directly to the individual.
(f) The filing of a civil action under this section shall notpreclude the director of labor and training from referring a matter to theattorney general as provided in § 37-13-14.1(b), from prohibiting acontractor or subcontractor from bidding on or otherwise participating incontracts as provided in § 37-13-14.1(d), (e) and (h), or from prohibitingtermination of work on failure to pay agreed wages pursuant to § 37-13-16.
(g) Any person, firm, or corporation found to have willfullymade a false or fraudulent representation in connection with wage obligationsowed on a contract shall be required to pay a civil penalty to the departmentof labor and training in an amount of no less than one thousand dollars($1,000) and not greater than three thousand dollars ($3,000) perrepresentation. Such penalties shall be recoverable in civil actions filedpursuant to this section. For purposes of this subsection "willfully" shallmean representations that are known to be false, or representations made withdeliberate ignorance or reckless disregard for their truth or falsity.
(h) An employer shall not discharge, threaten, or otherwisediscriminate against an employee, or former employee, regarding compensationterms, conditions, locations or privileges of employment because the employeeor former employee, or a person or organization acting on his or her behalf:
(1) Reports or makes a complaint under this section; orotherwise asserts his or her rights under this section; and/or
(2) Participates in any investigation, hearing or inquiryheld by the director of labor and training under § 37-13-14.1. In theevent a contractor or subcontractor retaliates or discriminates against anemployee in violation of this section, the affected employee may file an actionin any court of competent jurisdiction and the court shall order reinstatementand/or restitution of the affected employee, as appropriate, with back pay tothe date of the violation, and an additional amount in liquidated damages equalto two (2) times the amount of back pay and reasonable attorneys' fees andcosts.
(i) If any one or more subsections of this section shall forany reason be adjudged unconstitutional or otherwise invalid, the judgmentshall not affect, impair, or invalidate the remaining subsections.
§ 37-13-17 Private right of action tocollect wages or benefits. – (a) An employee or former employee, or any organization representing such anemployee or former employee, of a contractor or subcontractor may bring a civilaction for a violation of § 37-13-7 for appropriate injunctive relief, oractual damages, or both within three (3) years after the occurrence of thealleged violation. An action commenced pursuant to this section, may be broughtin the superior court for the county where the alleged violation occurred, thecounty where the complainant resides, or the county where the person againstwhom in the civil complaint is filed resides or has their principal place ofbusiness. Any contractor or subcontractor who violates the provisions of §37-13-7 shall be liable to the affected employee or employees in the amount ofunpaid wages or benefits, plus interest. A civil action filed in court underthis section may be instituted instead of, but not in addition to the directorof labor and training enforcement procedures authorized by § 37-13-14.1,provided the civil action is filed prior to the date the director of labor andtraining issues notice of an administrative hearing.
(b) An employer's responsibility and liability is solely forits own employees.
(c) An action instituted pursuant to this section may bebrought by one or more employees or former employees on behalf ofhimself/herself or themselves and other employees similarly situated, exceptthat no employee shall be a party plaintiff to any such action unless he/shegives his/her consent in writing to become such a party and such consent isfiled in the court in which such action is brought.
(d) In an action filed under this section in which theplaintiff prevails, the court shall, in addition to any judgment awarded to theplaintiff, require reasonable attorneys' fees and the costs of the action to bepaid by the defendant.
(e) The court in an action filed under this section shallaward affected employees or former employees liquidated damages in an amountequal to two (2) times the amount of unpaid wages or benefits owed. Unpaidfringe benefit contributions owed pursuant to this section in any form shall bepaid to the appropriate benefit fund, however, in the absence of an appropriatefund the benefit shall be paid directly to the individual.
(f) The filing of a civil action under this section shall notpreclude the director of labor and training from referring a matter to theattorney general as provided in § 37-13-14.1(b), from prohibiting acontractor or subcontractor from bidding on or otherwise participating incontracts as provided in § 37-13-14.1(d), (e) and (h), or from prohibitingtermination of work on failure to pay agreed wages pursuant to § 37-13-16.
(g) Any person, firm, or corporation found to have willfullymade a false or fraudulent representation in connection with wage obligationsowed on a contract shall be required to pay a civil penalty to the departmentof labor and training in an amount of no less than one thousand dollars($1,000) and not greater than three thousand dollars ($3,000) perrepresentation. Such penalties shall be recoverable in civil actions filedpursuant to this section. For purposes of this subsection "willfully" shallmean representations that are known to be false, or representations made withdeliberate ignorance or reckless disregard for their truth or falsity.
(h) An employer shall not discharge, threaten, or otherwisediscriminate against an employee, or former employee, regarding compensationterms, conditions, locations or privileges of employment because the employeeor former employee, or a person or organization acting on his or her behalf:
(1) Reports or makes a complaint under this section; orotherwise asserts his or her rights under this section; and/or
(2) Participates in any investigation, hearing or inquiryheld by the director of labor and training under § 37-13-14.1. In theevent a contractor or subcontractor retaliates or discriminates against anemployee in violation of this section, the affected employee may file an actionin any court of competent jurisdiction and the court shall order reinstatementand/or restitution of the affected employee, as appropriate, with back pay tothe date of the violation, and an additional amount in liquidated damages equalto two (2) times the amount of back pay and reasonable attorneys' fees andcosts.
(i) If any one or more subsections of this section shall forany reason be adjudged unconstitutional or otherwise invalid, the judgmentshall not affect, impair, or invalidate the remaining subsections.
§ 37-13-17 Private right of action tocollect wages or benefits. – (a) An employee or former employee, or any organization representing such anemployee or former employee, of a contractor or subcontractor may bring a civilaction for a violation of § 37-13-7 for appropriate injunctive relief, oractual damages, or both within three (3) years after the occurrence of thealleged violation. An action commenced pursuant to this section, may be broughtin the superior court for the county where the alleged violation occurred, thecounty where the complainant resides, or the county where the person againstwhom in the civil complaint is filed resides or has their principal place ofbusiness. Any contractor or subcontractor who violates the provisions of §37-13-7 shall be liable to the affected employee or employees in the amount ofunpaid wages or benefits, plus interest. A civil action filed in court underthis section may be instituted instead of, but not in addition to the directorof labor and training enforcement procedures authorized by § 37-13-14.1,provided the civil action is filed prior to the date the director of labor andtraining issues notice of an administrative hearing.
(b) An employer's responsibility and liability is solely forits own employees.
(c) An action instituted pursuant to this section may bebrought by one or more employees or former employees on behalf ofhimself/herself or themselves and other employees similarly situated, exceptthat no employee shall be a party plaintiff to any such action unless he/shegives his/her consent in writing to become such a party and such consent isfiled in the court in which such action is brought.
(d) In an action filed under this section in which theplaintiff prevails, the court shall, in addition to any judgment awarded to theplaintiff, require reasonable attorneys' fees and the costs of the action to bepaid by the defendant.
(e) The court in an action filed under this section shallaward affected employees or former employees liquidated damages in an amountequal to two (2) times the amount of unpaid wages or benefits owed. Unpaidfringe benefit contributions owed pursuant to this section in any form shall bepaid to the appropriate benefit fund, however, in the absence of an appropriatefund the benefit shall be paid directly to the individual.
(f) The filing of a civil action under this section shall notpreclude the director of labor and training from referring a matter to theattorney general as provided in § 37-13-14.1(b), from prohibiting acontractor or subcontractor from bidding on or otherwise participating incontracts as provided in § 37-13-14.1(d), (e) and (h), or from prohibitingtermination of work on failure to pay agreed wages pursuant to § 37-13-16.
(g) Any person, firm, or corporation found to have willfullymade a false or fraudulent representation in connection with wage obligationsowed on a contract shall be required to pay a civil penalty to the departmentof labor and training in an amount of no less than one thousand dollars($1,000) and not greater than three thousand dollars ($3,000) perrepresentation. Such penalties shall be recoverable in civil actions filedpursuant to this section. For purposes of this subsection "willfully" shallmean representations that are known to be false, or representations made withdeliberate ignorance or reckless disregard for their truth or falsity.
(h) An employer shall not discharge, threaten, or otherwisediscriminate against an employee, or former employee, regarding compensationterms, conditions, locations or privileges of employment because the employeeor former employee, or a person or organization acting on his or her behalf:
(1) Reports or makes a complaint under this section; orotherwise asserts his or her rights under this section; and/or
(2) Participates in any investigation, hearing or inquiryheld by the director of labor and training under § 37-13-14.1. In theevent a contractor or subcontractor retaliates or discriminates against anemployee in violation of this section, the affected employee may file an actionin any court of competent jurisdiction and the court shall order reinstatementand/or restitution of the affected employee, as appropriate, with back pay tothe date of the violation, and an additional amount in liquidated damages equalto two (2) times the amount of back pay and reasonable attorneys' fees andcosts.
(i) If any one or more subsections of this section shall forany reason be adjudged unconstitutional or otherwise invalid, the judgmentshall not affect, impair, or invalidate the remaining subsections.
