(1) An employee or former employee of a contractor or subcontractor may bring a civil action for a violation of section 24-92-204 for appropriate injunctive relief, actual damages, or both within three years after the occurrence of the alleged violation. An action commenced pursuant to this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom in the civil complaint is filed resides or has their principal place of business. Any contractor or subcontractor who violates section 24-92-204 shall be liable to the affected employee or employees in the amount of unpaid wages or benefits plus interest.
A contractor or subcontractor's responsibility and liability is solely for its own employees.
An action initiated pursuant to this section may be brought by one or more employees or former employees on behalf of him or herself or themselves and other employees similarly situated; except that no employee shall be a party to any such action unless he or she consents in writing to become such a party and such consent is filed in the court in which such action is brought.
If the court finds that an action brought pursuant to this section was frivolous, thecourt shall award costs and attorney fees to the defendant in the action.
The court in an action filed under this section shall award affected employees orformer employees liquidated damages in an amount equal to the amount of unpaid wages or benefits owed. Unpaid fringe benefit contributions owed pursuant to this section in any form shall be paid to the appropriate benefit fund; except that in the absence of an appropriate fund the benefit shall be paid directly to the individual.
The filing of a civil action under this section shall not preclude the director fromprohibiting a contractor or subcontractor from bidding on or otherwise participating in state contracts or from prohibiting termination of work on failure to pay agreed wages.
(a) Any person, firm, or corporation found to have willfully made a false or fraudulent representation in connection with wage obligations owed on a contract shall be required to pay a civil penalty in an amount of no less than one thousand dollars and not greater than three thousand dollars per representation. Such penalties shall be recoverable in civil actions filed pursuant to this section.
(b) For purposes of this subsection (7) "willfully" means representations that are known to be false or representations made with deliberate ignorance or reckless disregard for their truth or falsity.
(8) An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations or privileges of employment because the employee or former employee, or a person or organization acting on his or her behalf reports or makes a complaint under this section or otherwise asserts his or her rights under this section.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2955, § 2, effective August 2.