Sec. 4. (a) This section applies to an employer who has contracted in writing to make payments to an employee welfare plan, vacation plan, health plan, dental plan, insurance plan, supplemental unemployment plan, benefit plan, profit-sharing plan, pension plan, industry plan, or any other employee plan either by agreement with an employee or an employee benefit plan group or by a collective bargaining agreement.

     (b) Not later than seven (7) days after failing to make a payment under an agreement covered by subsection (a), the employer shall give written notice of nonpayment to:

(1) the employee on whose behalf the payment should have been made;

(2) an authorized representative of such an employee;

(3) an authorized representative of a union that represents such an employee;

(4) the authorized representative of the benefit plan to which the payment should have been made; or

(5) the trustee of the employee to which the payment should have been made.

     (c) An injured employee may recover double damages plus costs and attorney fees from an employer who fails to give notice under subsection (b) and who fails to make those payments described in subsection (a) on the employee’s behalf. However, an employer is not liable under this section if he shows good cause for his failure to make the payments described in subsection (a) or his failure to give the written notice required in subsection (b). “Good cause” does not include the employer’s financial inability to make the payments described in subsection (a).

As added by Acts 1982, P.L.134, SEC.1.