Utah Employment Law
Wage & Hour
Lawyer Utah
If your employer has failed to pay you overtime, withheld earned wages, or misclassified you as an independent contractor, you may be owed significant back pay. Stavros Law P.C. represents Utah employees in wage and hour disputes under the FLSA and Utah Payment of Wages Act.
Common violations
Wage violations we handle
Wage theft takes many forms. If any of these situations apply to you, you may have a claim for back wages, liquidated damages, and attorney's fees.
Unpaid overtime
Failure to pay 1.5x for hours over 40 per week, including off-the-clock work, misclassification as exempt, and improper averaging of hours.
Unpaid wages
Failure to pay earned wages, final paychecks, commissions, bonuses, or other compensation owed under the Utah Payment of Wages Act.
Worker misclassification
Incorrectly labeling employees as independent contractors to avoid overtime, benefits, and payroll taxes. The economic reality test controls, not the label.
Minimum wage violations
Failure to pay the federal minimum wage ($7.25/hour), including tip credit violations and illegal deductions that bring pay below minimum wage.
Salary basis violations
Improper deductions from exempt employees' salaries that destroy the salary basis requirement and eliminate the overtime exemption.
Tip theft
Employers or managers taking tips, improper tip pooling arrangements, or using tips to satisfy the minimum wage obligation without meeting legal requirements.
Utah-specific law
The legal framework for wage claims in Utah
The Fair Labor Standards Act (FLSA) is the primary federal wage law. It requires employers to pay non-exempt employees at least the federal minimum wage ($7.25/hour) and overtime at 1.5x the regular rate for hours over 40 per workweek. The FLSA also prohibits retaliation against employees who assert their wage rights.
The Utah Payment of Wages Act (Utah Code § 34-28-1 et seq.) requires employers to pay all earned wages on regular paydays and within 24 hours of termination upon demand. It provides a private right of action and allows courts to award attorney's fees to prevailing employees.
Under the FLSA, successful plaintiffs recover: (1) unpaid wages; (2) an equal amount as liquidated damages (effectively doubling the recovery); and (3) attorney's fees and costs. Employers can avoid liquidated damages only by proving they acted in good faith and had reasonable grounds to believe their conduct was lawful.
The FLSA allows employees to bring collective actions on behalf of similarly situated coworkers. This is particularly powerful when an employer has a systematic policy of underpaying a class of employees — for example, misclassifying all workers in a particular job title as exempt from overtime.
Common questions
Wage and hour FAQ
What is the overtime rate under the FLSA?
Non-exempt employees must be paid at least 1.5x their regular rate for all hours over 40 in a workweek. Utah does not have a separate state overtime law, so the FLSA governs overtime for most Utah employees.
What is the Utah Payment of Wages Act?
Utah Code § 34-28-1 requires employers to pay all earned wages on regular paydays and upon termination. It provides a private right of action for unpaid wages, and courts may award attorney's fees to prevailing employees.
Am I entitled to overtime if I am paid a salary?
Many salaried employees are misclassified as exempt. To be exempt, an employee must meet both a salary threshold ($684/week) AND a duties test. Employers frequently misclassify employees as exempt to avoid paying overtime.
What is worker misclassification?
Incorrectly labeling an employee as an independent contractor to avoid overtime, benefits, and payroll taxes. The FLSA's economic reality test controls — not the label the employer uses. Misclassified workers may be entitled to back overtime and other damages.
How long do I have to file a wage claim?
FLSA: 2 years for non-willful violations, 3 years for willful. Utah Payment of Wages Act: generally 2 years. Because deadlines run from each pay period, acting promptly maximizes your recovery.
Can I bring a collective action for wage violations?
Yes. The FLSA allows collective actions on behalf of similarly situated coworkers who experienced the same violations — a powerful tool when an employer has a systematic policy of underpaying a class of employees.
What damages can I recover?
Under the FLSA: unpaid wages plus equal liquidated damages (doubling your recovery), plus attorney's fees. Under the Utah Payment of Wages Act: unpaid wages and attorney's fees. Willful violations may trigger additional penalties.
No fee unless we win
Owed unpaid wages in Utah?
Stavros Law P.C. represents Utah employees in wage and hour disputes. Free case evaluations. Most cases handled on contingency.
Related: Employee Rights · Wrongful Termination · Retaliation Claims
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