Utah § 34-28-9.5 - Private cause of action.

Full text of Utah Utah Code § 34-28-9.5 — Private cause of action., with citation guidance and answers to common questions.

§ 34-28-9.5. Private cause of action.

Effective 7/1/2024
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.

Amended by Chapter 158, 2024 General Session

Source: official Utah text · Last verified 2026-08-27

Frequently Asked Questions About Utah § 34-28-9.5

What does Utah Code § 34-28-9.5 cover?

Section 34-28-9.5 ("Private cause of action.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 34-28-9.5?

A common citation format is "Utah Code § 34-28-9.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 34-28-9.5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 34-28-9.5 at the Utah source

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.