Actions and proceedings; damages; limitation of actions; defenses
Sec. 9. 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.
Last modified: May 27, 2006