Except as provided in Subsection (2), for a wage claim that is less than or equal to $10,000, the employee shall exhaust the employee’s administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 before the employee may file an action in district court.
Need help with an employment contract? Have it reviewed by a lawyer, get answers to your questions and move forward with confidence. Connect with a lawyer now
Wages: means the amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount. See Utah Code 34-28-2
(2)
An employee may file an action for a wage claim in district court without exhausting the administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 if:
(a)
the employee’s wage claim is over $10,000;
(b)
(i)
the employee’s wage claim is less than or equal to $10,000;
(ii)
the employee asserts one or more additional claims against the same employer; and
(iii)
the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or
(c)
(i)
in the same civil action, more than one employee files a wage claim against an employer; and
(ii)
the aggregate amount of the employees’ combined wage claim is greater than $10,000.
(3)
In an action under this section, the court may award an employee:
(a)
actual damages;
(b)
an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:
(i)
the period beginning the day on which the court issues a final order and ending the day on which the employer pays the unpaid wages owed to the employee; or
(ii)
20 days after the day on which the court issues a final order; and
(c)
a penalty described in Subsection 34-28-5(1)(c), if applicable.
