Michaels v. McPherson, Kansas, City of et al

Filing 159

MEMORANDUM AND ORDER granting 132 Motion to assess a penalty andinterest under the Kansas Wage Payment Act. Signed by District Judge Monti L. Belot on 01/05/2015. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MATTHEW B. MICHAELS,
Plaintiff,
v.
CITY OF MCPHERSON, KANSAS,
Defendant.

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CIVIL ACTION
No.

13-1128

MEMORANDUM AND ORDER
Before the court is plaintiff’s motion to assess a penalty and
interest under the Kansas Wage Payment Act. (Doc. 132). Defendant has
responded (Doc. 137) and plaintiff has replied (Doc. 145).
The jury found that defendant willfully failed to pay wages
owing to plaintiff under the KWPA in the amount of $992.64. Doc. 126.
Pursuant to K.S.A. § 44-315(b), the court assesses a penalty of
$992.64 against defendant and in favor of plaintiff.
Plaintiff also seeks interest in the amount of $223.34 on the
unpaid wages. (Doc. 132 at 2-3). Section 44-323(a) of the Kansas
Statutes gives the court discretion to impose such interest. Although
defendant essentially argues that its denial of payment was done in
good faith, that suggestion is unpersuasive in view of the jury’s
finding that the city fired plaintiff without cause and willfully
failed to pay his accrued wages. The court concludes that interest of
$223.34 should be assessed and included in the judgment together with
the penalty noted above. Plaintiff’s motion (Doc. 132) is therefore
granted.

IT IS SO ORDERED.
Dated this 5th

day of January 2015, at Wichita, Kansas.

s/Monti Belot
Monti L. Belot
UNITED STATES DISTRICT JUDGE

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