The U.S. District Court for the District of Utah has issued a decision challenging the common understanding that settlement of a minimum wage or overtime claim under the Fair Labor Standards Act (FLSA) always requires approval from the Department of Labor (DOL) or a court. On September 17, 2021, in Saari v. Subzero Engineering, case…
Utah Wage & Hour Blog
This blog provides information from the U.S. Court of Appeals for the Tenth Circuit, Utah courts, and Utah statutes and administrative rules to assist employers in properly compensating their Utah-based employees. This blog is intended as a source of information for in-house counsel and HR professionals; it is not intended as legal advice and does not create an attorney-client relationship. Contact Shaunda McNeill, Labor & Employment Practice Group Co-Chair for advice regarding your company’s compensation practices or to seek representation in wage-and-hour litigation.
What is the Statute of Limitations for Wage Claims under the Utah Payment of Wages Act?
As discussed in our prior post, the Utah Payment of Wages Act (UPWA) provides for wage claims to be filed to two forums: the Wage Claim Unit of the Utah Labor Commission and the courts. In general, claims for $10,000 or less are filed with the Labor Commission, and claims for over $10,000 are filed…
Are Utah Wage Claims Filed with the Labor Commission or in Court?
The Utah Payment of Wages Act (UPWA) provides for two forums in which state wage claims may be filed: the Wage Claim Unit of the Utah Labor Commission and the state and federal trial courts. Wage claims under the UPWA must be filed with the Labor Commission if they seek $10,000 or less. One of…
Can A Utah Employee File for Unemployment Benefits After Signing a Severance Agreement?
Under Utah law, an employee’s right to unemployment benefits cannot be waived in a severance agreement. However, the terms of a severance agreement may affect the employee’s entitlement to unemployment benefits in several ways. Nature of Termination If the severance agreement states that the employee has resigned or that the parties have mutually agreed to…
Are You Personally Liable for Employee Wage Claims?
Many business owners and executives are surprised to learn that even if their business is a corporation or a limited liability company (LLC), they may be personally liable for wage claims filed by their employees. Federal Law Under the federal Fair Labor Standards Act (FLSA) as interpreted by federal courts, you may be personally liable…
The Basics
What is the minimum wage in Utah? $7.25, which is the same as the federal minimum wage. (Utah Admin. Code r. R610-1-3.) Is overtime required under Utah law? Overtime is not required under Utah law, except for employees who are working on state contracts. Employees working on state contracts are entitled to 1.5 times their…