48-1206. Commissioner of Labor; subpoena records and witnesses; violations; penalty; civil actions.

(1) The Commissioner of Labor shall have the authority to subpoena records and witnesses related to the enforcement of section 48-1203 and this section. The commissioner or his or her agent may inspect all related records and gather testimony on any matter relative to the enforcement of the Wage and Hour Act.

(2) Any employer who violates any of the provisions of section 48-1203 shall be guilty of a Class IV misdemeanor.

(3) It shall be the duty of the county attorney for the county in which any violation of the Wage and Hour Act occurs to prosecute the same in the district court in the county where the offense occurred.

(4) Any employer who violates any provision of section 48-1203 shall be liable to the employees affected in the amount of their unpaid minimum wages, as the case may be.

(5) Action to recover unpaid minimum wages as provided in subsection (4) of this section may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself, herself, 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. The court in which any action is brought under this subsection shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorney's fees to be paid by the defendant. In any proceedings brought pursuant to this subsection, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings.

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