Coma Corporation v. Kansas Department Of Labor

154 P.3d 1080 (2007)

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Nature of the Case

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Facts

Cesar Martinez Corral worked for D. After Corral was fired, he filed a claim for earned but unpaid wages. He alleged that he worked as a cook from October 2003 to May 12, 2004, at a pay rate of $6 per hour. Although Corral maintained that he worked 6 or 7 days per week (50 to 60 hours), he only requested wages for 24 weeks at 40 hours per week-for a total of $5,760. He further testified that he was paid '$50 or $60 bucks a week.' The hearing officer clarified that Corral was requesting $5,760 (24 weeks times 40 hours at $ 6 an hour) minus $2,040 ($1,440 [$60 actually paid per week times 24 weeks] minus $600 [rent of $100 per month times 6 months]) for a total of $3,760. Corral got an award of unpaid wages and $217 in interest. Corral was also awarded a penalty of $3,720 for D's willful and knowing withholding of his wages. The total award was $7,657. On review, the district court concluded that the Kansas Wage Payment Act (KWPA) did apply to undocumented workers. It held that Corral was only entitled to the applicable minimum wage for work performed because the employment contract was illegal due to Corral's status as an undocumented worker. The court remanded for recalculation. It also reversed the hearing officer's penalty award, holding that federal immigration policy should prohibit a statutory penalty. P appealed.