Law Office of Tadd Dietz, PLLC | Tadd Dietz
An employee that is not compensated for the full amount of hours they have worked, may have legal rights to seek compensation from an employer. If an employee is not being paid for what they are entitled, they may have a claim under the Utah Payment of Wages Act, which 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. If an employee is not being compensated for overtime pay they may have rights to file a lawsuit suit seeking overtime compensation 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 also file with United States Department of Labor.
Answer Applies to: Utah