23-358. Review of department determination

A. A party aggrieved by a determination under section 23-357 may seek review pursuant to title 12, chapter 7, article 6.

B. If the department's determination finds that there is a dispute which cannot be resolved by investigation, the employee may attempt to recover the amount of wages claimed to be due by instituting a civil action pursuant to section 23-355.

23-359. Effect of department determination

Unless review is sought pursuant to section 23-358, the department's determination shall be final upon the expiration of the time for seeking review. A final determination by the department shall be in writing and signed by the director. The final determination may be filed, recorded and executed upon in the same manner as provided by law for judgments and shall draw interest at the same rate as a judgment from the date of final determination. A final determination of the department which determines or purports to determine the validity or amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off by the employer shall be binding and conclusive only as to the amount of wages to be paid the employee, if any, and shall not in any way preclude the employer from raising and litigating such counterclaim or claim in a civil action.

23-360. Penalty

An employer who has been ordered by the department pursuant to section 23-357 or a court to pay wages due an employee and who fails to do so within ten days after the order becomes final is liable to pay the employee an amount which is equal to treble the amount of the unpaid wages and which shall be subject to interest at the legal rate.

23-361. Rules and regulations

The commission may adopt such rules and regulations as necessary for the purpose of administering and enforcing this article.