32.0340 Liability of employers for unpaid minimum wages or overtime.

Cite as [A.S.C.A. § 32.0340]

Any employer who violates any provision of 32.0320 and 32.0323 shall be liable to the employee or employees affected in the amount of their unpaid minimum wages or unpaid overtime compensation; and in case of willful violation, is liable for an additional equal amount of liquidated damages.

History: 1965, PL 9-23.

Case Notes:

Territorial minimum wage statute, including provision for punitive damages for willful failure to pay territorial minimum wage, does not apply to employees covered by provisions of federal minimum wage law. A.S.C.A. §§ 32.0320, 32.0340. Moea`i v. Reid, 9 A.S.R.2d 48 (1988).

Punitive damages provision of territorial minimum wage statute, for willful failure to pay the minimum wage, is limited to a claim based on the difference between the employee's hourly wage and the minimum wage; this provision does not apply to an action for breach of contract where, although the employee has not been paid, his contractual wage was higher than the statutory minimum. A.S.C.A. §§ 32.0320, 32.0340. Moea`i v. Reid, 9 A.S.R.2d 48 (1988).

Employer's failure to pay overtime wage rate was not willful where employer (1) admitted liability for overtime payments; (2) disputed, not without merit, the number of overtime hours claimed by employee; and (3) offered uncontradicted testimony that nonpayment of other amounts was due to inability to pay. A.S.C.A. §§ 32.0320, 32.0340. Moea`i v. Reid, 9 A.S.R.2d 48 (1988).

Statutory provision for punitive damages for willful failure to pay overtime wage rates is applicable whether or not the ordinary wage rate is determined by contract. A.S.C.A. §§ 32.0323, 32.0340. Moea`i v. Reid, 9 A.S.R.2d 48 (1988).

Apparent conflicts between statutes can often be reconciled by application of the rule that the more specific statute prevails over the more general. Id.

Territorial minimum wage statute, including provision for punitive damages for willful failure to pay territorial minimum wage, does not apply to employees covered by provisions of federal minimum wage law. A.S.C.A. §§ 32.0320, 32.0340. Moea`i v. Reid, 9 A.S.R.2d 48 (1988).