How To File Small Claims In Utah

Wage Claim

About The states

What You Demand To Know

Utah Minimum Wage

The Utah Minimum Wage Act outlines the minimum wage requirements, as well as the exemptions to these requirements. The police also lists the record keeping requirements and applicable penalties for violation of the police. The administrative rules for enforcing the Utah Minimum Wage Act outlines additional requirements for individuals earning tips.

The minimum wage in Utah is $7.25 per hour.

Minors under the age of eighteen must be paid minimum wage; nonetheless, and employer may pay a small $4.25 per hour during the commencement 90 days of their employment.

Tipped employees (adults and minors) may be paid $2.13 per hour, but only and so long every bit the tips they earn, in addition to the base wage paid, combined are equal to or exceed the minimum wage.

Payment of Wages

The Utah Payment of Wages Human action outlines the requirements employers must follow with respect to paying wages to employees.  The Utah Payment of Wages Human activity too specifies an employer's responsibilities regarding paydays, final paychecks, electronic payroll deposits, lawful deductions, wage disputes, and payroll records.

An employer is required to pay wages to an employee for all hours that an employee is working.  This includes when an employee is required to exist on the employer's bounds ready to work, to be on duty, to exist at a prescribed work place, to nourish a meeting or training, and for time used during established residue or break periods excluding repast periods of 30 minutes or more where the employee is relieved of all responsibilities.

The police force too outlines UALD's authorization to enforce the law and specifies the penalties for violating the constabulary. The law also makes it illegal for an employer to retaliate against an employee for filing a complaint with UALD.

If you have a dispute over wages with your employer, you may file a wage claim with the Wage Claim Unit.

At-Will Employment

Hours employed includes all time during which an employee is required to exist working, to be on the employer's premises ready to work, to be on duty, to be at a prescribed work identify, to attend a meeting or training, and for time used during established rest or interruption periods excluding meal periods of thirty minutes or more where the employee is relieved of all responsibilities. Utah Administrative Code R610-3-2(H). Wages are owed for all hours employed.

Basics of the Employment of Minors

At that place are many areas of understanding between State and Federal child labor law. However, there are some Federal standards that are stricter than Utah law, and if the Federal constabulary applies the employer must comply with the stricter requirement. For case, under Federal law, xiv and 15 year former minors may not work more than than 3 hours on a schoolhouse day and may not work past vii:00 p.k. from Labor Day to June 1 and past 9:00 p.m. from June 1 to Labor Mean solar day. Under Utah state police, minors under the historic period of 16 may work four hours on a school twenty-four hour period, until 9:thirty p.chiliad. year around and later on ix:30 p.yard. if the side by side twenty-four hour period is not a school day. In this case, employers must comply with stricter Federal standards. Please visit the U.Southward. Department of Labor's website to compare standards at world wide web.dol.gov.

It is the responsibility of the employer to make up one's mind that the work being done past the youth worker is not prohibited by Utah or federal labor laws.

If you would similar to apply for permission to use a minor during times or in occupations in which minors are not otherwise permitted to work, or for which y'all must outset obtain UALD's written authorization, please complete and submit the Application for Authorisation To Employ a Modest. Delight annotation that yous must submit your application at to the lowest degree five days earlier yous brainstorm to use a minor.

• Application for Authorization To Utilise a Minor

Employment of Minors

Country Policy Regarding the Employment of Minors

The Country of Utah has the policy of encouraging the growth and development of minors past providing opportunities for piece of work and for work related learning experiences while at the aforementioned time adopting reasonable safeguards for their health, safety, and education. This policy is set forth in the Utah Employment of Minors Act.

Who is covered by the Utah Employment of Minors Act

Minors are divers as anyone 17 years onetime or younger. However, the Act does not apply to minors xvi or 17 years of age if they:

• Have received a high school diploma,
• Have received a school release certificate
• Are legally married
• Are heads of a household

Work Permits for Minors

Minors are not required to have a work allow for employment purposes. However, all school districts are expected to cooperate with employers' requests for data regarding a prospective minor employee's historic period (i.e., age certificate.)

Your Rights as a Modest Employee

At that place is no limit on the number of hours sixteen year olds and 17 twelvemonth olds can exist required to piece of work. Employers cannot require minors nether xvi to work during school hours (except every bit authorized); to work more than than four hours before and after school hours; to work more than 8 hours in a 24-hour period; to work before v:00 A.M. or afterward 9:xxx P.M., unless the next day is not a school day; or to work more than 40 hours in a week.

• Breaks - Employers must provide at to the lowest degree a thirty-minute lunch within the kickoff five hours of a small-scale employee's workday. Employers must besides give minors a ten-infinitesimal suspension for each four hours worked, and minors cannot work more than 3 consecutive hours without a 10-infinitesimal break.
• Wages - Employers may pay a training wage of $4.25 per hour during the first 90 days of employment, after which they must pay at least the minimum wage of $vii.25 per 60 minutes. Questions about exceptions to minimum wage laws may be directed to the Labor Committee. Minors who believe they have not been paid the minimum wage, have not been paid their wages in total, or were paid late, can file a claim with the Labor Commission under the Utah Payment of Wages Human action.
• Rubber - Employers must provide a safe piece of work environment for minors of all ages. Minors are prohibited by police from working in any chancy occupation, including mining, manufacturing, roofing, using heavy machinery or operating power equipment. In addition to complying with the Utah Labor Committee laws on safe, historic period-appropriate jobs for minors, minors are also prohibited from working in those chore categories accounted hazardous for minors and disallowed by the U.Southward Section of Labor.

What to expect when filing with usa

How to File a Wage Claim

To print and file a wage claim, you must complete UALD'south Wage Claim Assignment Grade. Return the completed form to UALD by manus delivering it to our office, mailing information technology to the address listed on the first folio of the form, or fax the form to us at (801) 530-7609.  You lot tin can besides click on the link beneath and submit your wage merits online.

• Wage Claim Consignment Form (English)
• Wage Claim Consignment Form (Spanish)

If have any questions regarding the Wage Claim Assignment Form you may come to our office or phone call us and ask to speak to a Wage Intake Officeholder.  The Intake Officer will reply your questions and provide help regarding how to fill up out the Wage Claim Assignment Form and making certain that yous have provided all required data and supporting documents.

If yous have provided sufficient information to make a wage claim, your claim will be assigned a case number and an Intake Officer will process and track your claim through the initial stages of the wage claim process.  If your Wage Merits Consignment Grade is Incomplete you volition receive a letter or phone phone call from the Intake Officer letting you know what boosted data is needed. You can then resubmit the completed form to UALD.

What Happens One time the Wage Claim is Consummate?

Once a complete Wage Claim Consignment Form is submitted to UALD and assigned a instance number, a copy of your wage claim will will be mailed to your employer forth with a copy of the Employer Response form.

Within x business days from the date of the letter providing your employer observe of your Wage Merits, your employer is required to prepare and submit its response to your Wage Claim.  Your employer must complete the Employer Response grade. The completed Employer Response form and any other documents or other evidence supporting the employer's response must be provided to UALD.  UALD may grant an employer'due south request for a reasonable extension of fourth dimension to file its response.

Yous will be sent notice of the employer's written response and required to provide a written reply unless UALD instructs you otherwise.  UALD may grant your reasonable extension of fourth dimension to file your written reply.  One time you submit your reply to UALD, your claim is ready to be assigned to a Wage Claim Investigator.

The Wage Claim Investigator will review the parties' written submissions and determine the next steps in the investigation. This may include requesting boosted documentation from you or your employer, including:

• Pay check stubs
• Piece of work orders
• Company policies
• Written agreements between you lot and your employer
• Schedules or time cards
• Interviewing you
• Interviewing your employer
• Interviewing other witnesses

Once the Investigator obtains all relevant data, UALD volition event a Preliminary Finding.  The Preliminary Finding volition state whether UALD finds wages are owed to you or non. If yous or your employer disagree with the Preliminary Finding, yous volition take 10 days to submit any additional evidence that you believe will modify the upshot.  Within the 10 days, yous or your employer may as well request an informal hearing before UALD's Hearing Officer.

Later on the 10 days expires and no hearing is requested, UALD will issue an Guild based on the Preliminary Finding if no boosted evidence is provided or if the show provided does not modify the decision reached in the Preliminary Finding.  In the issue that new evidence is submitted that warrants a different result, UALD volition issue an Amended Preliminary Finding.

In the event that UALD problems an Club finding that you are owed wages, the Order will specify the amount of the wages owed.  In add-on, the Order will assess a penalty as provided for in the Utah Payment of Wages Act.

Mediation

Arbitration is a voluntary opportunity to mediate your wage merits. A mediator provided past UALD will facilitate communication between the parties who are in disagreement, and run across if the differences can exist resolved earlier an investigation. The mediationis NOT a hearing on the facts of the case, and the Mediatorwill NOT issue a decision on the merits of your case.

Hearing

This is an informal administrative hearing. The purpose of the hearing is for the hearing officer to obtain show in your case so he or she may evaluate the evidence and make a conclusion about whether y'all are entitled to the wages you merits.

Y'all and your employer are required to attend the hearing.This is the only opportunity you will have to present prove in a hearing at UALD.

You may choose to correspond yourself or you tin can have a lawyer help you.

Information technology is your responsibility to bear witness, through the submission of relevant evidence, that you are entitled to the wages you claim. It is your employer'due south responsibleness to prove that you have already been fully compensated.

At the hearing, you volition demand to present evidence, including:

• Your ain testimony
• Testimony from witnesses
• Check stubs
• Written employer policies
• Written contracts
• Any else you think may assistance support your position

Your employer will also exist able to present their own prove. You are responsible for arranging for your own witnesses to attend the hearing.

The hearing officer will non issue a written conclusion on the 24-hour interval of the hearing but will event ane within a reasonable time after the hearing.

The written decision will be mailed to you and your employer. Information technology informs you lot of the decision too as your entreatment rights.

Appealing the Determination

If yous disagree with the final Order, you have two options:

1. Request that the Director reconsider the Order. Your asking must be received inside 20 days after the date that the Order was sent to you. Your request must be made in writing and must state the specific reasons why y'all call up the Order is wrong. The Director volition issue a written decision granting or denying your request. Her/his reconsideration volition be based on the contents of the file. She cannot consider any new bear witness. UALD must receive your asking inside 20 days. It is non enough for you to simply put it in the mail on the 20th day.
2. File an appeal in Land Commune Court. You have upwardly to thirty days from the date of the Order to file an appeal in Courtroom. If UALD does non receive a timely asking for reconsideration, the Lodge will be considered final. If your employer fails to pay an Order for Payment, that Order will be docketed in Land Court and the UALD volition offset a legal action to collect the corporeality awarded.

Understanding Mediation

The mediator's role

An experienced Mediator will create opportunities where dialogue and mutual respect may pb to a resolution of the dispute, before UALD gain with its investigation.

• The Mediator's office is to piece of work with both parties in the dispute past encouraging and directing conversation aimed at resolution.
• The Mediator does not act as an advocates for either party, nor practise they render a decision about the claim of the dispute.
• The Mediators does not go on any tape of the proceedings and if the instance moves into investigation they do non have any function in subsequent sectionalization proceedings.

How mediation works​

• Either party may decline to attend the mediation, or may leave the arbitration at whatsoever time. However, all parties are encouraged to make skilful faith attempts to attempt to resolve their differences.
• UALD requests that both parties bring all information that may back up their positions. Witnesses may exist used and affidavits (written notarized witness statements) tin can also be presented.
• Agreements made during the Conference are legal and binding after the UALD Director has signed the agreement. If the arbitration is successful, the case volition be closed.
• If the parties cannot resolve their problems during the mediation, the case is assigned to an Investigator for further processing.

Early resolution advantages

The mediation is NOT a hearing on the facts of the example, and the Mediator will NOT upshot a decision on the merits of your case.

Early resolution of the charge has many advantages, some of which include:

• Minimizing the time, energy and expense which is often required to accost a complaint of discrimination.
• To decide how a dispute will be resolved without a third political party imposing a resolution.
• Allowing the charge to be quickly resolved without having to wait months, and in some cases, years.

Outcomes of mediation

If the parties are able to achieve a settlement, the Segmentation will set up a Negotiated Settlement Agreement and the instance will be airtight.

Primal points regarding an agreement:

• An early resolution is non an admission by the Respondent of whatever violation of the law;
• The Charging Political party agrees not to pursue the instance any further.

If the parties fail to reach a resolution the case will exist assigned for investigation.

Your Options

At any time in the UALD process, both you and your employer may offer to try to mediate or settle the instance at any fourth dimension in the process. A mediator or wage claim specialist can assist with settlement discussions.

You may withdraw your wage claim with UALD and file your case in state courtroom.

 Either political party can obtain legal counsel or other representation at whatever time. UALD must have written notice of representation before information technology volition communicate with your representative.

Both you and your employer are obligated to proceed UALD informed of a electric current address and phone number. UALD may close your case if you cannot be located.

The parties are also required to cooperate fully with the process. UALD may shut your case if you do non cooperate with the investigation.

Often Asked Questions

The Utah minimum wage is $seven.25 per hour. Minor employees (under xviii years of age) may be paid $four.25 per hour, as a training wage, for the beginning 90 days of employment. Employees receiving tips of at to the lowest degree $30.00 per month may exist paid a cash wage of $2.13 per hour, if the total of the cash wage and the tips total at least $7.25 per hour.

Unless yous work for a private company, the Division cannot help you with your wage claim.  If you work for the Land, a County or a City, you should follow your employer'southward policies and procedures for filing grievances. You lot may also exist able to file a claim for unpaid wages in State Court.

The Land of Utah has no overtime law. You lot should contact the U.S. Department of Labor at (801) 524-5706 near filing an overtime claim.

To file a wage claim, you must obtain and complete a Wage Claim Assignment Form.  You may download a form from our website. If yous adopt, yous tin contact the Sectionalization past phone or in person to obtain the Form, or if y'all need assistance completing the form.

The Utah Labor Rules address these problems and provide the criteria under which certain deductions may be fabricated from an employee's wages. In most cases an employee'due south signature is required. Utah Administrative Code R610-3-xviii.

An employee is responsible for getting himself/herself from domicile to a designated work location and home at night. If an employer sends an employee to a remote work location to perform a chore function they are responsible for paying wages for the travel time. An employer is within his correct to establish differing rates of pay for drive time equally opposed to skilled piece of work time; but it must establish a policy that is understood by employees to avoid claims of unpaid wages. The federal website has discussions regarding drive fourth dimension rulings that have been made under the FLSA at world wide web.dol.gov.

The employee may file a wage claim against the employer with the Labor Committee. Other options available to the employee include filing an action in small claims court or contacting an attorney. Click here to download a wage claim form.

Employers must comply with both laws if both laws apply. An employer should examine the guidelines under both State and Federal law and comply with the standard which is the strictest.

Overtime is a provision of the Fair Labor Standards Act. Information on this Federal Law may be obtained from the U.Southward. Dept. of Labor, Wage and Hour Segmentation, 150 East. Social Hall Avenue, Suite 695, Salt Lake City, Salt Lake City, Utah 84111. Telephone (801) 524-5706 or visit their website: https://world wide web.dol.gov/whd.

If you lot are an independent contractor, y'all may pursue monetary relief past filing a breach of contract claim in State Courtroom.

If not, you may file a claim in State Courtroom, only the Division will not exist able to help you.

You also have the option of filing a merits for unpaid wages in State Court and you are not obligated to file with the Division first; Still, if you practise file a claim in Court, you lot cannot also file a wage claim with the Sectionalization. You cannot file in both places.

There are no state or federal laws that require an employer to provide dejeuner breaks or rest periods for adult workers. Most employers in the interest of efficiency and good employee relations will establish a policy governing leave and intermission periods. Minors under the age of 18 are entitled to a meal menses of at least thirty minutes not subsequently than five hours from the beginning of their shift. A rest break is required for minors of at least ten minutes for every three hour period or role thereof that is worked.

Under Utah Rules, an employer is required to pay an employee for required attendance at preparation. If an private employee is required to attend preparation and is not paid for that time they have the right to file for the unpaid wages as they would any other unpaid wage.

On-call status is not normally considered work fourth dimension. However, the FLSA deals with work required while on-call and all hours of required travel and work performance are ordinarily subject to overtime pay provisions of the Fair Labor Standards Human activity. The Wage and Hour Division of the U.Due south. Department of Labor has references to published position papers on these bug at www.dol.gov.

If the employee is separated by the employer, all wages are due immediately and payable inside 24 hours of separation. (An exemption exists for employees of the land of Utah.) If the employee does not accept a written contract for a definite menstruum and resigns, the wages get due and payable on the next regular payday. These provisions may not apply to the earnings of a sales agent earning commissions.

In general, Utah labor law does not require an employer to provide benefits to its employees. If an employer does establish a policy or practice of providing benefits they are expected to abide by the policy or practice in a not-discriminatory fashion.

Source: https://www.laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/

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