The administrative remedies for wage disputes in Utah primarily involve filing a wage claim with the Utah Antidiscrimination and Labor Division (UALD), which is part of the Utah Labor Commission. Here is a detailed overview:

• Filing a Claim with UALD:
  Employees who believe they have unpaid wages can file a wage claim with the UALD. The claim must be filed within one year of the date the wages were earned. The UALD accepts claims for amounts between $50 and $10,000.

• Investigation and Penalties:
  Upon receiving a claim, the UALD investigates the dispute. If the UALD finds that wages are owed, it can order the employer to pay the wages plus a daily penalty of 5% of the unpaid wages for up to 20 days. The UALD can also impose other civil fines and require the employer to pay attorney fees incurred by the UALD.

• Mediation Option:
  Mediation is available as a voluntary step to resolve disputes before a formal investigation. A UALD mediator facilitates communication but does not issue a decision on the merits. Both parties can attempt mediation or settlement at any time during the process.

• Exhaustion of Administrative Remedies:
  For wage claims $10,000 or less, employees must first exhaust administrative remedies by filing with the UALD before pursuing a lawsuit in court. This is known as the exhaustion of administrative remedies requirement. Failure to do so typically results in dismissal of the court case.

• Exceptions to Exhaustion Requirement:
  The exhaustion requirement is waived if:

  • The employee asserts additional (non-wage) claims against the employer.
  • Multiple employees file claims that aggregate to more than $10,000. In these cases, employees may proceed directly to court without filing with the UALD first.

• Court Remedies After Administrative Process:
  If the employee proceeds to court after exhausting administrative remedies, they can seek:

  • Unpaid wages.
  • A penalty of 2.5% of the unpaid wages daily, starting after a court order in the employee’s favor, continuing for up to 20 days or until payment is made.
  • Actual damages, which may exceed the unpaid wages.
  • Attorney fees and other penalties as allowed by law.

• Withdrawal and Legal Representation:
  Employees may withdraw their claim from UALD and file directly in state court. Both parties can have legal counsel or other representation at any stage, but UALD must be notified in writing of representation.

In summary, Utah requires employees with wage disputes under $10,000 to first file a claim with the UALD, which investigates and can impose penalties on employers. For claims above $10,000 or combined claims exceeding that amount, employees may bypass the administrative step and sue directly. The administrative process includes mediation options and aims to resolve disputes efficiently before court involvement.