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.
(c) The commission may maintain actions in the courts of this state upon assigned claims
for wages, judgments, and demands arising in any other state in the same manner and to the same
extent 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 any
person, board, officer, or commission of that state authorized to act on behalf of the labor
department or corresponding agency requests in writing that the commission commence and
maintain the action; and
(ii) the other state by legislation or reciprocal agreement extends the same comity to this
state.
Amended by Chapter 375, 1997 General Session
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Last revised: Thursday, May 28, 2009