The Labor Commission of Utah investigates wage claims of $50 to $10,000 and can assess a 5 percent penalty of the unpaid wages. The penalty is assessed daily, until paid, for up to 20 days (UT Code Sec. 34-28-9). For claims over $10,000, employees may file a court claim against the employer for violating the wage laws before utilizing administrative remedies.
Records. State law requires employers to keep an accurate record of time worked and wages paid each pay period. The Division of Antidiscrimination and Labor has the authority to enter any place of employment during business hours to inspect an employer’s records and ensure compliance (UT Code Sec. 34-28-10).
Under Utah’s Labor Code (UT Code Sec. 34A-1-405), employers must provide all books, records, and payrolls that show the amount of wage expenditure, for the purpose of ascertaining:
• The correctness of the wage expenditure
• The number of individuals employed
• Other information that the Commission may find useful
Failure to submit any books, records, or payrolls that the Commission requests in writing carries a penalty for each offense.
Misdemeanor. An employer is guilty of a misdemeanor if the employer:
• Refuses to pay the wages due on demand;
• Falsely denies the amount due; or
• Hires additional employees without notifying them about every unpaid wage claim and related judgment against the employer (UT Code Sec. 34-28-12).
Minimum wage violations. Employers that violate Utah’s minimum wage provisions must pay a fine for each violation(UT Code Sec. 34-40-202). State law also authorizes the Division to access all payroll records at any place of business or establishment covered by minimum wage laws. In addition, employers must provide access to other ...