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Coma Corporation v. Kansas Department of Labor

154 P.3d 1080 (2007)

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Coma Corporation v. Kansas Department of Labor

Supreme Court of Kansas
154 P.3d 1080 (2007)

SR

Facts

Cesar Martinez Corral worked as a cook for Coma Corporation, d/b/a Burrito Express (plaintiff) at $6.00 per hour. On May 17, 2004, Coma fired Corral. Corral filed a complaint with the Kansas Department of Labor (KDOL) (defendant) against Coma and its president, Mario Coria, to recover wages earned but unpaid under the Kansas Wage Payment Act (KWPA). After a KDOL hearing, the hearing officer awarded Corral $3,720.00 in unpaid wages and $217.00 in interest. The hearing officer also awarded Corral a penalty of $3,720.00, because Coma was found to have willfully withheld Corral’s wages. Coma sought federal review of the KDOL award pursuant to the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions. The district court found that Corral was entitled to only collect minimum wage and was not entitled to the penalty, because he was an undocumented worker who was not permitted to work in the United States. The KDOL appealed.

Rule of Law

Issue

Holding and Reasoning (Nuss, J.)

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