In any action for the breach of an obligation to pay wages, if a private employer has been oppressive, fraudulent, or malicious, in the employer's refusal to pay wages due to the employee, the measure of damages is double the amount of wages for which the employer is liable. Source: SDC Supp 1960, ch 37.19 as added by SL 1968, ch 153 ; SL 2008, ch 276 , § 80.