There Is a Newer Version
of
this Section
2021 Utah Code
Title 34 - Labor in General
Chapter 28 - Payment of Wages
Section 9.5 - Private cause of action.
Universal Citation:
UT Code § 34-28-9.5 (2021)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 5/9/2017
34-28-9.5. Private cause of action.
Enacted by Chapter 85, 2017 General Session
34-28-9.5. Private cause of action.
- (1) 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.
- (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.
Enacted by Chapter 85, 2017 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
