Wage & Hour Claims

At Pearson Butler, we have decades of experience serving individuals, businesses, and families across Utah in over a dozen practice areas. With more than 30 qualified legal professionals, we have the resources and experience needed to resolve even the most complex legal matters.

Attorneys for Wage and Hour Claims in Utah

Employment Lawyers with Offices in South Jordan, Bountiful, and Utah County

Most employees must be paid overtime regardless of whether they are paid by salary, piece rate, flat rates, or by the hour. Utah wage law requires that your employer pay all of your earnings in a timely manner and refrain from making deductions from your paycheck without your permission.

If you are being denied overtime pay, having your paychecks garnished, or your employer is behind on paying your wages, you should contact an employment lawyer at Pearson Butler immediately. Employers will often procrastinate paying fair wages until faced with legal action. Our team can help you form a strategy to fight for the back wages you are owed.

Every dollar counts, especially for working- and middle-class families. You deserve to be paid for all your work—so contact Pearson Butler at (800) 265-2314 to speak with a wage claim attorney today.

When to File a Wage Claim

The legal system can be used to enforce state and federal labor laws when your employer does not follow them. Mistakes do happen, but it’s your employer’s responsibility to rectify any errors as soon as they’re spotted. If your employer continually makes “mistakes” and drags their feet on paying what you are owed, filing a wage claim may be the best way to make sure you are paid in full.

Reach out to our attorneys if you believe your company has:

  • Paid an employee less than minimum wage ($7.25/hr)
  • Failed to pay for work, including any time workers were required to be onsite for meeting or training
  • Failed to pay overtime of at least 1.5 times the normal hourly rate to any employee(s) covered by the Fair Labor Standards Act (FLSA)
  • Failed to keep a set pay schedule or paid hourly workers less than 2 times per month or salaried workers less than 1 time per month
  • Withheld or diverted wages without employee permission or a court order
  • Failed to provide paystubs with complete information about your earnings and deductions for a pay period
  • Pressured employees to return or repay wages

Between the Utah Code and federal labor laws, the above acts are illegal. Any company that seeks to deny employees their fairly earned wages can be compelled to pay employees what they are owed and may also face penalties under the law.

Where to File: Labor Commission or Courts?

The Utah Labor Commission can handle wage disputes between $50 and $10,000, but it is not the only venue for these complaints, nor are you required to start your claim there. You can choose to file with the agency or take your case directly to court. While the Labor Commission can help you recover back wages, a judge may also order an offending employer to cover your attorney fees and litigation costs.

If you’re considering filing through the Labor Commission on your own, you should know there are some types of claims it cannot handle:

  • Because Utah does not have any laws regarding overtime pay, these claims must be made federally
  • The Labor Commission is barred from helping public employees (anyone who works for the state) file wage claims
  • Your claim with the Labor Commission can only cover unpaid wages from no earlier than 1 year before the date of your filing

Small claims may be best handled through the Labor Commission, but our team can help you determine which method will meet your needs. Whether you employer violated state or federal law, we have the knowledge to help you fight for what you are owed.

What to Know Before You File

When bringing a wage claim, you will need to present compelling evidence that clearly shows how and when your employer violated the law. We know the statutes and legislation explaining labor law aren’t always clear or easy to read. Our lawyers can help you gather evidence and investigate your situation to pinpoint any illegal acts. We may need:

  • Pay stubs
  • Work schedules or timecards
  • A copy of your employment contract
  • Copies of other written agreements between you and your employer
  • A copy of the company’s written policies

We can also use individual testimony from you and other coworkers or past coworkers who witnessed or also experienced wage theft.

Many potential clients come to us and share that they are scared to make a wage claim, or even discuss unpaid wages, because they might lose their job. Let us be clear: It is absolutely illegal for an employer to fire you in retaliation for making or participating in a wage claim. Any meetings with our team will be kept confidential, and we do everything we can to prevent a client’s employer from learning about a wage claim before it is filed. At the same time, after you bring your claim, we can work with you to spot potential retaliation and represent you if you are wrongfully terminated.

Personalized Legal Counsel

Employers who care more about their bank accounts than their workers may attempt to save money by finding creative ways to pay less than the law requires. At Pearson Butler, we understand what types of salary arrangements are legal and can help you file a claim against an employer who has crossed the line. Wage and hour disputes are rarely simple matters and usually cannot be resolved in an employee’s favor without legal assistance. Our team works closely with each client, providing highly personalized representation to ensure your salary arrangement is lawful and that you are paid promptly for your work.

Contact Pearson Butler at (800) 265-2314 for a confidential consultation if you have questions about a wage or hour dispute. We are here to clarify your rights and explain your options.

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