The Utah Labor Commission plays a central role in the administration and resolution of wage claims within the state. Its responsibilities and procedures are outlined as follows:
Jurisdiction and Filing Requirements
- Wage Claims Up to $10,000: Under the Utah Payment of Wages Act (UPWA), wage claims seeking $10,000 or less must be filed with the Wage Claim Unit of the Utah Labor Commission. This process is designed to be accessible to self-represented claimants and includes assistance with collection if the claim is successful.
- Claims Over $10,000: Wage claims exceeding $10,000 must be filed in state or federal court. However, if a group of employees files together and their combined claim exceeds $10,000, or if an employee is filing other claims against the same employer with total damages over $10,000, the claim may be filed in court even if the wage portion alone is $10,000 or less.
Process and Authority
- Investigation and Hearings: The Labor Commission has the authority to investigate wage claims, conduct hearings, and issue orders requiring employers to pay owed wages. The Commission can also assess penalties against employers, with a portion of the penalty paid to the employee.
- Appeals: Either party may appeal a final order from the Labor Commission to a court within 30 days of the order.
Time Limits
- Statute of Limitations: Wage claims must be filed with the Labor Commission within one year from the date the wages were due. For minimum wage violations, a lawsuit may be filed in court within two years. For breach of contract claims unrelated to minimum wage, a six-year statute of limitations applies, provided a written demand is made to the employer at least 15 days before filing suit.
Additional Considerations
- Self-Representation: The Labor Commission’s process is designed to accommodate individuals without legal representation, making it more accessible for employees seeking to recover unpaid wages.
- Penalties and Damages: In addition to unpaid wages, employees may be awarded actual damages and penalties, such as 2.5% of unpaid wages for a limited period after a court order, if the claim proceeds to court.
Summary Table
| Claim Amount | Where to File | Key Features |
|---|---|---|
| $10,000 or less | Labor Commission | Accessible, self-representation, penalties |
| Over $10,000 | Court | Legal representation, complex claims, penalties |
| Combined claims >$10k | Court | Group claims, other legal claims |
This structure ensures that wage disputes are resolved efficiently and fairly, with clear guidelines for both employees and employers.
🔴 Immediate Actions (Today or ASAP)
- Identify Your Claim Amount: Determine if your unpaid wages claim is $10,000 or less, or over $10,000. This affects where you file.
- Gather Evidence: Collect pay stubs, timesheets, employment contracts, written communications about your pay, and any records of hours worked.
- Calculate Deadline: Note that you have 1 year from the date wages were due to file a claim with the Utah Labor Commission. For minimum wage claims, court action can be within 2 years; for breach of contract, up to 6 years but requires a written demand 15 days before suing.
- Do Not Delay: If your claim is close to the 1-year deadline, start the filing process immediately to preserve your rights.
🟡 Short-Term Steps (This Week)
- File Your Claim: For claims $10,000 or less, file with the Utah Labor Commission Wage Claim Unit. Follow their instructions for submitting your claim online or by mail.
- Prepare Your Statement: Clearly explain your wage dispute, including dates, amounts owed, and any employer responses.
- Contact the Employer: Consider sending a polite written demand letter requesting payment before filing (especially if your claim is a breach of contract). Example:
"I am writing to request payment of $X in unpaid wages owed to me for work performed from [dates]. Please respond within 15 days to resolve this matter without legal action." - Keep Records: Save copies of all communications with your employer and the Labor Commission.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Attend Hearings: If your claim proceeds to a hearing, participate fully. The Labor Commission handles cases without lawyers, so be prepared to explain your case clearly.
- Respond to Requests: Provide any additional information or documents the Labor Commission requests promptly.
- Consider Appeal Options: If you disagree with the Labor Commission’s decision, you have 30 days to appeal to court.
- Explore Legal Help: If your claim is over $10,000 or complicated, consider consulting an employment lawyer for court filing and representation.
Your Legal Rights
- Right to File a Wage Claim: Under the Utah Payment of Wages Act, you can file a claim for unpaid wages up to $10,000 with the Labor Commission.
- Protection Against Retaliation: Employers cannot legally retaliate against you for filing a wage claim.
- Right to a Hearing: You have the right to a fair hearing before the Labor Commission.
- Penalties and Damages: Employers may owe you unpaid wages plus penalties (such as 2.5% per month after a court order) if they fail to pay.
- Appeal Rights: You can appeal a Labor Commission order to court within 30 days.
Where to Get Help
- Utah Labor Commission Wage Claim Unit: Visit https://laborcommission.utah.gov/WageClaim/ or call (801) 530-6800 for filing help and questions.
- Legal Aid Organizations: Contact Utah Legal Services at https://www.utahlegalservices.org/ or call 1-800-662-4245 for free or low-cost legal advice.
- Utah State Bar Lawyer Referral: For paid legal help, call (801) 531-9077 or visit https://www.utahbar.org/.
- Department of Labor (Federal): For federal minimum wage claims, contact the Wage and Hour Division at https://www.dol.gov/agencies/whd.
- Keep Records: Maintain copies of all documents and communications related to your claim.
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