Section 663. Civil action

* 1. By employee. If any employee is paid by his
  employer less than the wage to which he is entitled under the provisions
  of this article, he may recover in a civil action the amount of any such
  underpayments, together with costs and such reasonable  attorney's  fees
  as may be allowed by the court, and if such underpayment was willful, an
  additional  amount as liquidated damages equal to twenty-five percent of
  the total of such underpayments found to be due him  and  any  agreement
  between him and his employer to work for less than such wage shall be no
  defense to such action.
    * NB Effective until November 24, 2009
    * 1.  By employee. If any employee is paid by his or her employer less
  than the wage to which he or she is entitled  under  the  provisions  of
  this  article, he or she may recover in a civil action the amount of any
  such underpayments, together with costs and such  reasonable  attorney's
  fees  as  may  be allowed by the court, and unless the employer proves a
  good faith basis to believe  that  its  underpayment  of  wages  was  in
  compliance  with  the  law,  an  additional amount as liquidated damages
  equal to twenty-five percent of the total of such underpayments found to
  be due the employee and any agreement  between  the  employee,  and  the
  employer  to  work  for  less than such wage shall be no defense to such
  action.
    * NB Effective November 24, 2009
    * 2. By commissioner. On behalf of any employee  paid  less  than  the
  wage  to  which he is entitled under the provisions of this article, the
  commissioner may bring any legal action necessary to collect such claim,
  and the employer shall  be  required  to  pay  the  costs  and  if  such
  underpayment  was  willful,  an  additional amount as liquidated damages
  equal to twenty-five percent of the total of such underpayments found to
  be due him.
    * NB Effective until November 24, 2009
    * 2. By commissioner. On behalf of any employee  paid  less  than  the
  wage  to  which  the  employee  is entitled under the provisions of this
  article,  the  commissioner  may  bring  any  legal  action   necessary,
  including administrative action, to collect such claim, and the employer
  shall  be  required  to  pay the costs, and unless the employer proves a
  good faith basis to believe that its underpayment was in compliance with
  the law, an additional amount as liquidated damages equal to twenty-five
  percent of the total of such underpayments found to be due the employee.
    * NB Effective November 24, 2009
    3. Limitation of time. Notwithstanding any other provision of law,  an
  action  to  recover  upon  a  liability  imposed by this article must be
  commenced within six years.