1. (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. (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:

   1. (a) the employee's wage claim is over $10,000;

   2. (b)

      1. (i) the employee's wage claim is less than or equal to $10,000;
      2. (ii) the employee asserts one or more additional claims against the same employer; and
      3. (iii) the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or

   3. (c)

      1. (i) in the same civil action, more than one employee files a wage claim against an employer; and
      2. (ii) the aggregate amount of the employees' combined wage claim is greater than $10,000.

3. (3) In an action under this section, the court may award an employee:

   1. (a) actual damages;

   2. (b) an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:

      1. (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
      2. (ii) 20 days after the day on which the court issues a final order; and
   3. (c) a penalty described in Subsection 34-28-5(1)(c), if applicable.

Amended by Chapter 158, 2024 General Session