Utah § 34-28-9.5 Private cause of action.

Utah Statutes

§ 34-28-9.5 — Private cause of action.

Utah § 34-28-9.5

Title 34Labor in General

Ch. 34-28Payment of Wages

This text of Utah § 34-28-9.5 (Private cause of action.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 34-28-9.5 (2026).

Text

(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:

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

(2)(b) (2)(b)(i) the employee's wage claim is less than or equal to $10,000;

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

(2)(b)(iii

Free access — add to your briefcase to read the full text and ask questions with AI

(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:
(2)(a) the employee's wage claim is over $10,000;
(2)(b) (2)(b)(i) the employee's wage claim is less than or equal to $10,000;
(2)(b)(ii) the employee asserts one or more additional claims against the same employer; and
(2)(b)(iii) the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or
(2)(c) (2)(c)(i) in the same civil action, more than one employee files a wage claim against an employer; and
(2)(c)(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:
(3)(a) actual damages;
(3)(b) an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:
(3)(b)(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
(3)(b)(ii) 20 days after the day on which the court issues a final order; and
(3)(c) a penalty described in Subsection 34-28-5(1)(c), if applicable.