Section 1. Section 34-28-9.5 is amended to read:34-28-9.5. Private cause of action.(1)Except as provided in Subsection (2), for a wage claim that is less than or equal to $10,000, the employee shall exhaust the employee's administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 before the employee may file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.(2)An employee may file an action for a wage claim in a court without exhausting the administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 if:(a)the employee's wage claim is over $10,000;(b)(i)the employee's wage claim is less than or equal to $10,000;(ii)the employee asserts one or more additional claims against the same employer; and(iii)the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or(c)(i)in the same civil action, more than one employee files a wage claim against an employer; and(ii)the aggregate amount of the employees' combined wage claim is greater than $10,000.(3)In an action under this section, the court may award an employee:(a)actual damages;(b)an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:(i)the period beginning the day on which the court issues a final order and ending the day on which the employer pays the unpaid wages owed to the employee; or(ii)20 days after the day on which the court issues a final order; and(c)a penalty described in Subsection 34-28-5(1)(c), if applicable.(4)In an action under this section, an employee may only file a wage claim in a court with jurisdiction for three years after the day on which the employee earns the wages.