How do I get my paycheck from my employer? 3 Answers as of August 18, 2011I was hired to work for an advocacy group, pay is $20 per hour, it was not specified how many hours to work. I submitted legitimate pay sheets for 2 months totaling $1800+/gross. The Human resource person responded that I was not to work any more than 5 hours per month from that time on, but has still not paid me all of the money owed. As a result, I have fallen behind financially. I want what I worked for, how can I get it? and how long do I have before I cannot claim it anymore?
Law Office of Tadd Dietz, PLLC | Tadd Dietz
The Utah Payment of Wages Act set forth the requirements for paying wages to employees in Utah. The Utah Labor Commission is in charge of administering this law. An employee working for a private employer may file a wage claim with the Utah Labor Commission to recover unpaid wages. See . The Utah Labor Commission has the jurisdiction in cases involving unpaid wages that are at least $50.00 but no more than $10,000.00. An employee must file the wage claim with the Utah Labor Commission "within one year of the date the wages were earned." See Utah Code Section 34-28-7(1)(e). Additionally, the Utah Labor Commission does not have jurisdiction to handle claims involving independent contractors. Independent contractors that want to recover unpaid wages must file a breach of contract claim in court to recover unpaid wages. The Utah Labor Commission does not handle cases involving overtime unpaid wages Such overtime unpaid wages would have to be pursued in court. Unpaid overtime claims fall under the Fair Labor Standards Act ("FLSA"). The FLSA requires covered employers to pay non-exempt employees a overtime rate of one and a half times an employees regular rate of pay for all hours worked over 40 in a work week. However, there are some employment positions that are considered exempt, and employees in such exempt positions are not entitled to overtime compensation. An employee that is seeking to recover unpaid overtime wages may file with United States Department of Labor.
Answer Applies to: Utah
Cowan Law Firm | Jeffrey Cowan
You have a three year statute of limitations to prosecute a wage claim, which means you have three years from when you were first supposed to be paid to assert your rights formally. To do so, either file a claim with the California Labor Commissioner (see http://www.dir.ca.gov/dlse/dlse.html ) or sue in small claims court.
Answer Applies to: California