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Utah Code Title 34. Labor in General § 34-28-9.5. Private cause of action

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) Except as provided in Subsection (2), for a wage claim that is less than or equal to $10,000, the employee shall exhaust the employee's administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 before the employee may file an action in district court.

(2) An employee may file an action for a wage claim in district court without exhausting the administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 if:

(a) the employee's wage claim is over $10,000;

(b)(i) the employee's wage claim is less than or equal to $10,000;

(ii) the employee asserts one or more additional claims against the same employer;  and

(iii) the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000;  or

(c)(i) in the same civil action, more than one employee files a wage claim against an employer;  and

(ii) the aggregate amount of the employees' combined wage claim is greater than $10,000.

(3) In an action under this section, the court may award an employee:

(a) actual damages;

(b) an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:

(i) the period beginning the day on which the court issues a final order and ending the day on which the employer pays the unpaid wages owed to the employee;  or

(ii) 20 days after the day on which the court issues a final order;  and

(c) a penalty described in Subsection 34-28-5(1)(c), if applicable.

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Cite this article: FindLaw.com - Utah Code Title 34. Labor in General § 34-28-9.5. Private cause of action - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-34-labor-in-general/ut-code-sect-34-28-9-5/

Read this complete Utah Code Title 34. Labor in General § 34-28-9.5. Private cause of action on Westlaw

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