WVC 21 - 5 B- 4
§21-5B-4. Employee's right of action against his employer.
(1) Any employee whose compensation is at a rate that is in
violation of section three of this article shall have a right of
action against his employer for the recovery of (a) the amount of
the unpaid wages to which the employee is entitled for the one-
year period preceding the commencement of the action, and (b) an
additional amount as liquidated damages equal to the amount
referred to in paragraph (a) of this subsection.
(2) In addition to any judgment awarded to the plaintiff,
the court shall allow reasonable attorney's fees to be taxed as
costs in any judgment recovered.
(3) The action for the unpaid wages and liquidated damages
may be maintained by one or more employees on behalf of
themselves or other employees similarly situated.
(4) No agreement for compensation at a rate of less than the
rate to which such employee is entitled under this article is a
defense to any action under this article.