Utah Code » Title 34, Chapter 28 — Payment of Wages
Utah Code

Utah Code § 34-28-5 (2026)

Separation from payroll -- Resignation -- Cessation because of industrial dispute

✓ current as of May 2026
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When an employer separates an employee from the employer's payroll the unpaid wages of the employee become due immediately, and the employer shall pay the wages to the employee within 24 hours of the time of separation at the specified place of payment.
An employer satisfies the 24-hour time requirement described in Subsection (1)(a) if:
the employer mails the wages to the employee; and
the envelope that contains the wages is postmarked with a date that is no more than one day after the day on which the employer separates the employee from the employer's payroll; or
within 24 hours after the employer separates the employee from the employer's payroll, the employer:
initiates a direct deposit of the wages into the employee's account; or
hand delivers the wages to the employee.
In case of failure to pay wages due an employee within 24 hours of written demand, the wages of the employee shall continue from the date of demand until paid, but in no event to exceed 60 days, at the same rate that the employee received at the time of separation.
The employee may recover the penalty thus accruing to the employee in a civil action. This action shall be commenced within 60 days from the date of separation.
An employee who has not made a written demand for payment is not entitled to any penalty under this Subsection (1)(c).
If an employee does not have a written contract for a definite period and resigns the employee's employment, the wages earned and unpaid together with any deposit held by the employer and properly belonging to the resigned employee for the performance of the employee's employment duties become due and payable on the next regular payday.
If work ceases as the result of an industrial dispute, the wages earned and unpaid at the time of this cessation become due and payable at the next regular payday, as provided in Section 34-28-3, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of the industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.
For a sales agent employed in whole or in part on a commission basis who has custody of accounts, money, or goods of the sales agent's principal, this section does not apply to the commission-based portion of the sales agent's earnings if the net amount due the agent is determined only after an audit or verification of sales, accounts, funds, or stocks.
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1972–2026 · leading case: Grimm v. Dxna LLC, 2018 UT App 115 (Utah Ct. App. 2018).
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Grimm v. Dxna LLC, 2018 UT App 115 (Utah Ct. App. 2018). · cites it 9× “He also sought a statutory penalty, as provided by Utah Code section 34-28-5, for DxNA's failure to pay his wages within 24 hours of receiving the Email, and attorney fees under Utah Code section 34-27-1.”
Smith v. Batchelor, 832 P.2d 467 (Utah 1992). · cites it 14× “See Utah Code Ann. § 34-28-5 (1). However, Judge Cornaby denied Smith's request for attorney fees under the UPWA, reasoning that, although the statute called for attorney fees, the $4,000 penalty was sufficient, considering "the equities in this case" and the fact that Smith was…”
Utley v. Mill Man Steel, Inc., 2015 UT 75 (Utah 2015). · cites it 9× “§§ 34-28-5, 34-28-9(2)–(3), 34-28-12. 75 Id.”
Zoll & Branch, P.C. v. Asay, 932 P.2d 592 (Utah 1997). · cites it 9× “, “under this subsection.” The clause makes it clear that the penalty is imposed only when a separation occurs.”
In Re Wal-Mart Wage & Hour Emp. Practices Litig., 490 F. Supp. 2d 1091 (D. Nev. 2007). · cites it 3× “Utah Code Ann. § 34-28-5 . The provision provides a penalty permitting the employee’s wages to continue to accrue for up to sixty days after separation, however an employee must make written demand for payment.”
Velez v. Robert J. DeBry & Assocs., PC, 2015 UT App 15 (Utah Ct. App. 2015). · cites it 6× “" Utah Code Ann. § 34-28-5 (1)(a) (LexisNexis 2011).”
Smith v. Wyndham Vacation Ownership (D. Utah 2025). · cites it 8× “Smith first pointed to Utah Code Ann. § 34-28-5 to support his contention that Wyndham was required to pay any back wages within 24 hours of his termination.”
Case v. Dep't of Workforce Servs., 2011 UT App 285 (Utah Ct. App. 2011). · cites it 9× “1 See Utah Code Ann. § 34-28-5 (2005). Case claimed that because the employer did not pay his final wages for several months after his separation, Case was allowed to accrue wages for sixty days after the last day worked according to section 34-28-5.”
Olmstead v. Cottonwood Creek Agency (D. Utah 2025). · cites it 4× “In addition, Cottonwood Creek argues that the court should dismiss Olmstead’s UPWA claim because the September 25, 2020 Offer Letter provides for a commission only form of payment and, therefore, Utah Code Ann.”
Smith v. Wyndham Vacation Ownership (D. Utah 2025). · cites it 2× “Utah Code § 34-28-5, statutory damages were also owed.”
Evans (D. Utah 2026). · cites it 2× “Section 34-28-5(1)(c) provides for a penalty of 2.”
Hull v. ConvergeOne, Inc. (D. Minnesota 2021). “Zoll addressed a different provision of the UPWA, Utah Code § 34-28-5, which concerns the imposition of penalties on employers who fail to pay wages upon an employee’s separation.”
Show all 14 citing cases →
— Utah Code § 34-28-5(1) — 4 cases
Zoll & Branch, P.C. v. Asay, 932 P.2d 592 (Utah 1997). “, “under this subsection.” The clause makes it clear that the penalty is imposed only when a separation occurs.”
Smith v. Batchelor, 832 P.2d 467 (Utah 1992). “See Utah Code Ann. § 34-28-5 (1). However, Judge Cornaby denied Smith's request for attorney fees under the UPWA, reasoning that, although the statute called for attorney fees, the $4,000 penalty was sufficient, considering "the equities in this case" and the fact that Smith was…”
Case v. Dep't of Workforce Servs., 2011 UT App 285 (Utah Ct. App. 2011). “1 See Utah Code Ann. § 34-28-5 (2005). Case claimed that because the employer did not pay his final wages for several months after his separation, Case was allowed to accrue wages for sixty days after the last day worked according to section 34-28-5.”
Pro-Benefit Staffing, Inc. v. Bd. of Review, 771 P.2d 1110 (Utah Ct. App. 1989).
— Utah Code § 34-28-5(1)(a) — 2 cases
Utley v. Mill Man Steel, Inc., 2015 UT 75 (Utah 2015). “§§ 34-28-5, 34-28-9(2)–(3), 34-28-12. 75 Id.”
Grimm v. Dxna LLC, 2018 UT App 115 (Utah Ct. App. 2018). “He also sought a statutory penalty, as provided by Utah Code section 34-28-5, for DxNA's failure to pay his wages within 24 hours of receiving the Email, and attorney fees under Utah Code section 34-27-1.”
— Utah Code § 34-28-5(1)(b) — 3 cases
Utley v. Mill Man Steel, Inc., 2015 UT 75 (Utah 2015). “§§ 34-28-5, 34-28-9(2)–(3), 34-28-12. 75 Id.”
Grimm v. Dxna LLC, 2018 UT App 115 (Utah Ct. App. 2018). “He also sought a statutory penalty, as provided by Utah Code section 34-28-5, for DxNA's failure to pay his wages within 24 hours of receiving the Email, and attorney fees under Utah Code section 34-27-1.”
Velez v. Robert J. DeBry & Assocs., PC, 2015 UT App 15 (Utah Ct. App. 2015). “" Utah Code Ann. § 34-28-5 (1)(a) (LexisNexis 2011).”
— Utah Code § 34-28-5(1)(b)(G) — 1 case
Utley v. Mill Man Steel, Inc., 2015 UT 75 (Utah 2015). “§§ 34-28-5, 34-28-9(2)–(3), 34-28-12. 75 Id.”
— Utah Code § 34-28-5(1)(b)(i) — 1 case
Utley v. Mill Man Steel, Inc., 2015 UT 75 (Utah 2015). “§§ 34-28-5, 34-28-9(2)–(3), 34-28-12. 75 Id.”
— Utah Code § 34-28-5(1)(b)(ii) — 1 case
Velez v. Robert J. DeBry & Assocs., PC, 2015 UT App 15 (Utah Ct. App. 2015). “" Utah Code Ann. § 34-28-5 (1)(a) (LexisNexis 2011).”
— Utah Code § 34-28-5(1)(c) — 2 cases
Smith v. Wyndham Vacation Ownership (D. Utah 2025). “Smith first pointed to Utah Code Ann. § 34-28-5 to support his contention that Wyndham was required to pay any back wages within 24 hours of his termination.”
Evans (D. Utah 2026). “Section 34-28-5(1)(c) provides for a penalty of 2.”
— Utah Code § 34-28-5(1)(c)(i) — 1 case
Grimm v. Dxna LLC, 2018 UT App 115 (Utah Ct. App. 2018). “He also sought a statutory penalty, as provided by Utah Code section 34-28-5, for DxNA's failure to pay his wages within 24 hours of receiving the Email, and attorney fees under Utah Code section 34-27-1.”
— Utah Code § 34-28-5(c) — 1 case
Grimm v. Dxna LLC, 2018 UT App 115 (Utah Ct. App. 2018). “He also sought a statutory penalty, as provided by Utah Code section 34-28-5, for DxNA's failure to pay his wages within 24 hours of receiving the Email, and attorney fees under Utah Code section 34-27-1.”
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