Filing a Wage and Hour Claim - Utah

Utah state law does not cover overtime. For that reason, only federal overtime law applies in the state.

Like the federal minimum wage, Utah’s minimum wage is currently set at $7.25.

Utah law only requires employers to provide meal and rest breaks to minors (under 18). Employers must provide minors a meal period of at least 30 minutes not later than five hours after the beginning of the workday. If the minor employee cannot be relieved of all duties and permitted to leave the work state or area, the meal period must be paid as time worked. Minors must also be given rest breaks of at least 10 minutes for every three hours worked.

See the Utah Labor Commission for details on how to file a claim.

 

Do not delay in contacting the Commission to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Commission to act on your behalf, you must file your wage claim within one year from the date your wages were due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Commission.

If your employer has not paid you the minimum wage, instead of filing a wage claim with the Commission, you may bring a lawsuit against your employer in court. In addition to awarding you the wages you are owed, the court may require your employer to pay your litigation costs and attorneys’ fees. There is a two-year statute of limitations for such suits. If your employer owes you wages you have earned (unrelated to the minimum wage law) you may also file a lawsuit for breach of contract instead of filing with the Commission. In that case, the court may also award you litigation costs and attorneys’ fees, but only if you make a written demand to your employer for the sum you were owed (and not greater) fifteen days prior to bringing the lawsuit. For suits brought for breach of contract, there is a six-year statute of limitations.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.