Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 336.5 - Collection of unpaid wages(a) An employer who wilfully and knowingly violates the provisions of section 3 of this act shall be liable to the employe or employes affected in the amount of their unpaid wages and in addition, an equal amount as liquidated damages. Action to recover such wages and damages may be maintained in any court of competent jurisdiction by any one or more employes for and in behalf of himself or themselves and other employes similarly situated. Any agreement between the employer and an employe to work for less than the wage to which such employe is entitled under this act shall be no defense to such action. The court in such action shall, in addition to any wages and damages, allow a reasonable attorney's fee and costs of the action to the plaintiff. At the request of any employe paid less than the wage to which he is entitled under this act, the Secretary of Labor and Industry may take an assignment of such wage claim for collection and shall bring any legal action necessary to collect such claim. The secretary shall not be required to pay the filing fee or other costs in connection with such action. The secretary shall have power to join various claimants against the employer in one cause of action.(b) Any action pursuant to the provisions of this act must be brought within two years from the date upon which the violation complained of occurs.1959, Dec. 17, P.L. 1913, § 5. Amended 1968, July 31, P.L. 869, No. 262, § 1.