34-28-9.5. Private cause of action.

288 words·~1 min read·/ut/title-34/chapter-28/34-28-9-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2024

(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 a court with jurisdiction under Title 78A, Judiciary and Judicial Administration .

(2)An employee may file an action for a wage claim in a 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;

(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

(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.

Amended by Chapter 158 , 2024 General Session