Statute 44-1211: Liability of employer for payment of wages and
overtime compensation; assignment of wage claim to secretary of human
resources; attorney fees and costs.
(a) On and after January 1, 1978, any employer who pays an employee less
than the wages and overtime compensation to which such employee is
entitled, under or by virtue of
K.S.A. 44-1201 to 44-1213,
inclusive, 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, and for costs and such reasonable
attorney fees as may be allowed by the court in an action for the
recovery of such wages and overtime compensation. 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 or more employees for
and in behalf of such employee or employees.
(b) On and after January 1, 1978, at the written request of any
employee who has been paid less than the amount to which he or she is
entitled under the provisions of this act, the secretary 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
attorneys' fees as may be allowed by the court. The secretary in case
of suit shall have power to join various claimants against the same
employer in one action.
History: L. 1977, ch. 179, § 13; July 1.