32.0341 Actions before the Administrative Law Judge.

Print This

(a) Actions under 32.0340 may be in the Office of the Administrative Law Judge by any one or more employees for and in behalf of himself or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action for and in behalf of all employees similarly situated.

(b) The Administrative Law Judge, in addition to any judgment awarded the plaintiff or plaintiffs, shall, in the event the plaintiff or plantiffs prevail, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action.

(c) At the request of any person paid less wages or compensation than the amount to which he or she is entitled under the provisions of this chapter, the Board may take an assignment in trust for the assigning employee of the full amount to which he is entitled under this section and may bring any legal action necessary to collect such claim; and the employer shall be required to pay the costs and such reasonable attorney’s fees as may be allowed by the judge in the event the board prevails. The Board shall not be required to pay the filing fee or other costs in connection with such action. The Board may join various claimants against the same employer in one cause of action if the claims arise at different times.

History: 1965, PL 9-23; amd 1998, PL 25-37.