Under Utah law, employees have a private cause of action for wage claims, meaning they can sue their employer in court to recover unpaid wages. The specific procedures and requirements depend on the amount of the wage claim:
-
Claims of $10,000 or Less:
- Employees must first exhaust administrative remedies by filing a claim with the Utah Labor Commission (UALD) before pursuing a private lawsuit.
- The requirement to exhaust administrative remedies is waived if:
- The employee asserts additional claims against the same employer.
- The total amount of damages claimed exceeds $10,000.
- More than one employee has filed a wage claim against the employer and the total amount of all claims exceeds $10,000.
-
Claims Over $10,000:
- Employees may file directly in court without first exhausting administrative remedies.
Statute of Limitations:
- Administrative Claims: Wage claims filed with the Utah Labor Commission must be filed within one year after the day the wages were earned.
- Court Claims: For claims filed in court, a three-year statute of limitations applies, as these are considered actions for a liability created by statute.
Key Legal References:
- Utah Code § 34-28-9.5: Governs private causes of action for wage claims and the exhaustion of administrative remedies.
- Utah Code § 34-28-9: Allows for enforcement actions to collect judgments on wage claims.
Summary Table
| Claim Amount | Administrative Remedies Required? | Statute of Limitations | Notes |
|---|---|---|---|
| ≤ $10,000 | Yes (with exceptions) | 1 year (UALD) | Exceptions: additional claims, >$10k, or multiple employees >$10k |
| > $10,000 | No | 3 years (court) | File directly in court |
This framework ensures that employees have clear legal pathways to recover unpaid wages in Utah.
🔴 Immediate Actions (Today or ASAP)
- Determine the amount of unpaid wages you are owed. This is crucial because it affects whether you must file with the Utah Labor Commission first or can go directly to court.
- Gather all relevant documents and evidence: pay stubs, employment contracts, timesheets, emails, or any proof of hours worked and wages promised.
- Check the timeline: Make sure your unpaid wages were earned within the last 1 year (for administrative claim) or 3 years (for court claim) to avoid missing the statute of limitations.
- If your claim is $10,000 or less, prepare to file with the Utah Labor Commission first, unless you meet an exception (see below).
- Write down any additional claims against your employer or check if other employees have claims that together exceed $10,000. This might allow you to skip the administrative step.
🟡 Short-Term Steps (This Week)
- If your claim is $10,000 or less and no exceptions apply: File a wage claim with the Utah Labor Commission (UALD). You can find the claim form and instructions on their website.
- If your claim is over $10,000 or an exception applies: Consider filing a lawsuit directly in court. Start by consulting court rules on wage claims.
- Send a clear, polite written demand to your employer: Request payment of unpaid wages with a deadline (e.g., 14 days). Keep a copy of this letter/email. Example:
"Dear [Employer], I am writing to request payment of unpaid wages totaling $[amount] for work performed during [dates]. Please remit payment by [date]. If payment is not received, I may pursue legal action to recover these wages. Thank you for your prompt attention." - Keep detailed records of all communications with your employer and any responses.
- Contact the Utah Labor Commission if you need help filing a claim or understanding the process.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Monitor the response from your employer or the Utah Labor Commission. If the employer pays, keep proof of payment.
- If the commission denies your claim or the employer does not pay after administrative steps, prepare to file a lawsuit in court. Gather all evidence and documents you collected.
- Consider consulting with an employment lawyer for advice, especially if your claim is complex or large. Some lawyers offer free consultations.
- If multiple employees have similar claims, consider coordinating a joint action to strengthen your case.
- Stay aware of deadlines to avoid losing your right to sue.
Your Legal Rights
- Under Utah law, you have the right to recover unpaid wages through administrative claims or lawsuits.
- If your wage claim is $10,000 or less, you generally must file with the Utah Labor Commission first unless exceptions apply.
- If your claim exceeds $10,000, you may file directly in court.
- The statute of limitations is 1 year for administrative claims and 3 years for court claims.
- You have the right to demand payment and to sue your employer for unpaid wages, plus possible penalties and attorney fees.
- Your employer cannot legally retaliate against you for asserting your wage rights.
Where to Get Help
- Utah Labor Commission (UALD): File wage claims and get guidance.
Website: https://laborcommission.utah.gov
Phone: (801) 530-6800 - Utah Legal Services: Free or low-cost legal help for eligible individuals.
Website: https://www.utahlegalservices.org
Phone: (800) 662-4245 - Utah State Bar Lawyer Referral: To find a qualified employment lawyer.
Website: https://www.utahbar.org/lawyer-referral-service/
Phone: (801) 531-9077 - U.S. Department of Labor Wage and Hour Division: For federal wage issues.
Website: https://www.dol.gov/agencies/whd
Phone: 1-866-4US-WAGE (1-866-487-9243)
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