State Codes and Statutes
Statutes > Utah > Title-34 > Chapter-28 > 34-28-934-28-9. Enforcement of chapter -- Rulemaking authority.
(1) (a) The division shall:
(i) ensure compliance with this chapter;
(ii) investigate any alleged violations of this chapter; and
(iii) determine the validity of any claim for any violation of this chapter filed with it by anemployee.
(b) The commission may make rules consistent with this chapter governing wage claimsand payment of wages.
(c) The minimum wage claim that the division may accept is $50.
(d) The maximum wage claim that the division may accept is $10,000.
(e) The wage claim shall be filed within one year of the date the wages were earned.
(2) (a) The division may assess against an employer who fails to pay an employee inaccordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee whichshall be assessed daily until paid for a period not to exceed 20 days.
(b) The division shall:
(i) retain 50% of the money received from the penalty payments for the costs ofadministering this chapter;
(ii) pay all the sums retained under Subsection (2)(b)(i) to the state treasurer; and
(iii) pay the 50% not retained under Subsection (2)(b)(i) to the employee.
(3) (a) An abstract of any final award may be filed in the office of the clerk of the districtcourt of any county in the state. If so filed, it shall be docketed in the judgment docket of thatdistrict court.
(b) The time of the receipt of the abstract shall be noted by the clerk and entered in thejudgment docket.
(c) If filed and docketed, the award constitutes a lien from the time of the docketing uponthe real property of the employer situated in the county for a period of eight years from the dateof the award unless previously satisfied.
(d) Execution may be issued on the award within the same time and in the same mannerand with the same effect as if the award were a judgment of the district court.
(4) (a) The commission may employ counsel, appoint a representative, or request theattorney general, or the county attorney for the county in which the plaintiff or the defendantresides, depending on the district in which the final award is docketed, to represent thecommission on all appeals and to enforce judgments.
(b) The counsel employed by the commission, the attorney general, or the countyrepresenting the commission, shall be awarded:
(i) reasonable attorneys' fees, as specified by the commission; and
(ii) costs for:
(A) appeals when the plaintiff prevails; and
(B) judgment enforcement proceedings.
(5) (a) The commission may enter into reciprocal agreements with the labor departmentor corresponding agency of any other state or with the person, board, officer, or commissionauthorized to act on behalf of that department or agency, for the collection in any other state ofclaims or judgments for wages and other demands based upon claims previously assigned to thecommission.
(b) The commission may, to the extent provided by any reciprocal agreement entered into
under Subsection (5)(a), or by the laws of any other state, maintain actions in the courts of theother states for the collection of any claims for wages, judgments, and other demands and mayassign the claims, judgments, and demands to the labor department or agency of any other statefor collection to the extent that may be permitted or provided by the laws of that state or byreciprocal agreement.
(c) The commission may maintain actions in the courts of this state upon assigned claimsfor wages, judgments, and demands arising in any other state in the same manner and to the sameextent that the actions by the commission are authorized when arising in this state if:
(i) the labor department or other corresponding agency of any other state or of anyperson, board, officer, or commission of that state authorized to act on behalf of the labordepartment or corresponding agency requests in writing that the commission commence andmaintain the action; and
(ii) the other state by legislation or reciprocal agreement extends the same comity to thisstate.
Amended by Chapter 375, 1997 General Session
