§ 34-28-5 — Separation from payroll -- Resignation -- Cessation because of industrial dispute.

(1) (1)(a) When an employer separates an employee from the employer's payroll the unpaid wages of the employee become due immediately, and the employer shall pay the wages to the employee within 24 hours of the time of separation at the specified place of payment.
(1)(b) An employer satisfies the 24-hour time requirement described in Subsection (1)(a) if:
(1)(b)(i) (1)(b)(i)(A) the employer mails the wages to the employee; and
(1)(b)(i)(B) the envelope that contains the wages is postmarked with a date that is no more than one day after the day on which the employer separates the employee from the employer's payroll; or
(1)(b)(ii) within 24 hours after the employer separates the employee from the employer's payroll, the employer:

(1)(b)(ii)(A) initiates a direct deposit of the wages into the employee's account; or
(1)(b)(ii)(B) hand delivers the wages to the employee.
(1)(c) (1)(c)(i) In case of failure to pay wages due an employee within 24 hours of written demand, the wages of the employee shall continue from the date of demand until paid, but in no event to exceed 60 days, at the same rate that the employee received at the time of separation.
(1)(c)(ii) The employee may recover the penalty thus accruing to the employee in a civil action. This action shall be commenced within 60 days from the date of separation.
(1)(c)(iii) An employee who has not made a written demand for payment is not entitled to any penalty under this Subsection (1)(c).
(2) If an employee does not have a written contract for a definite period and resigns the employee's employment, the wages earned and unpaid together with any deposit held by the employer and properly belonging to the resigned employee for the performance of the employee's employment duties become due and payable on the next regular payday.
(3) If work ceases as the result of an industrial dispute, the wages earned and unpaid at the time of this cessation become due and payable at the next regular payday, as provided in Section 34-28-3, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of the industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.
(4) For a sales agent employed in whole or in part on a commission basis who has custody of accounts, money, or goods of the sales agent's principal, this section does not apply to the commission-based portion of the sales agent's earnings if the net amount due the agent is determined only after an audit or verification of sales, accounts, funds, or stocks.

Legislative History

Amended by Chapter 307, 2018 General Session