Utah Minimum Wage Disputes Increase in Tough Economy
More employers are using the recession as an excuse to "squeeze" and take advantage of employees according to a recent report by MSN. Employers often ask employees to work longer hours and help out around the office.
However, employers must pay employees a minimum wage in Utah for all work completed. Various wage laws are mandated both federally by the Fair Labor Standards Act (FLSA) and locally by a range of state laws. Remedies are available when employee wage and hour disputes arise.
Wage and Hour Claims in Utah
The FLSA establishes minimum wage, overtime, record keeping and child labor laws. Additionally, Utah's Wage Claim Unit oversees and enforces employer payment of wages. If wages are not paid, relief is available by filing a Wage Claim. A claim may be brought based on the following violations:
- Failure to pay vacation, holiday pay, sick leave or severance according to written policy
- Failure to keep adequate records of worker's hours
- Failure to provide an employee with a final paycheck
Other common claims focus on overtime issues. Utah does not have a law addressing overtime, but the FLSA does. As a result, overtime claims are filed under the FLSA.
How to File a Wage Claim
There are many remedies available when an employer does not fulfill their contractual obligations. Several options include, negotiating with the employer, fling a claim with the Labor Commission or submitting an action in small claims court.
Utah's Labor Commission offers resources for filing a wage claim. To file a wage claim a form must be completed with employee and employer information along with wages claimed and tax information. The Wage Claim Unit then investigates the claim and decides whether judgment is warranted on the submitted claim.
Filing an action with the small claims court is more complicated and requires filing and serving an Affidavit and Summons, as well as valid Proof of Service. A claim under the FLSA is also a complex filing.
Wage and overtime laws are complex. An experienced Utah employment law attorney can discuss remedies available and how best to pursue a claim for unpaid wages.
