What can we do if my husband does not get paid for the work he puts in? 2 Answers as of August 30, 2011

My husband drives for and Owner/Operator of a company. He is suppose to be paid .25 per mile every Friday. But when Friday comes he don't get paid. What can we do?

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Law Office of Tadd Dietz
Law Office of Tadd Dietz | 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
Replied: 8/30/2011
E. Ray Critchett, Zaino & Humphrey, LPA
E. Ray Critchett, Zaino & Humphrey, LPA | Ray Critchett
Generally, there are speficic laws concerning how much your husband must be paid and any deviation from those laws may place his employer in a very serious position.
Answer Applies to: Ohio
Replied: 8/27/2011
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