| << Previous Section (34-28-7) | Next Section (34-28-10) >> |
Labor in General | |
Payment of Wages | |
Section 9 | Enforcement of chapter -- Rulemaking authority. |
|
34-28-9. 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 an employee. (b) The commission may make rules consistent with this chapter governing wage claims and 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 in accordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee which shall 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 of administering 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 district court of any county in the state. If so filed, it shall be docketed in the judgment docket of that district court. (b) The time of the receipt of the abstract shall be noted by the clerk and entered in the judgment docket. (c) If filed and docketed, the award constitutes a lien from the time of the docketing upon the real property of the employer situated in the county for a period of eight years from the date of the award unless previously satisfied. (d) Execution may be issued on the award within the same time and in the same manner and 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 the attorney general, or the county attorney for the county in which the plaintiff or the defendant resides, depending on the district in which the final award is docketed, to represent the commission on all appeals and to enforce judgments. (b) The counsel employed by the commission, the attorney general, or the county representing 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 department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act on behalf of that department or agency, for the collection in any other state of claims or judgments for wages and other demands based upon claims previously assigned to the commission. (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 the
other states for the collection of any claims for wages, judgments, and other demands and may
assign the claims, judgments, and demands to the labor department or agency of any other state
for collection to the extent that may be permitted or provided by the laws of that state or by
reciprocal agreement.
Amended by Chapter 375, 1997 General Session |
| << Previous Section (34-28-7) | Next Section (34-28-10) >> |