Utah Code

Utah Code § 34-28-9.5 (2026)

Private cause of action

✓ current as of May 2026

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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.

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:

the employee's wage claim is over $10,000;

the employee's wage claim is less than or equal to $10,000;

the employee asserts one or more additional claims against the same employer; and

the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or

in the same civil action, more than one employee files a wage claim against an employer; and

the aggregate amount of the employees' combined wage claim is greater than $10,000.

In an action under this section, the court may award an employee:

actual damages;

an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:

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

20 days after the day on which the court issues a final order; and

a penalty described in Subsection 34-28-5(1)(c), if applicable.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2018–2025 · leading case: In re Gen. Aeronautics Corp., 594 B.R. 442 (Bankr. D. Utah 2018).

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In re Gen. Aeronautics Corp., 594 B.R. 442 (Bankr. D. Utah 2018). · cites it 4× “GAC relies on Utah Code Ann. § 34-28-9.5 for its election of remedies argument.”

Smith v. Wyndham Vacation Ownership (D. Utah 2025). · cites it 10× “5 Wyndham later served a Rule 11 motion,6 prompting Smith’s counsel to state that Wyndham’s “threat to seek sanctions does not excuse you from responding to our motion nor extend the time for you to do so.”

Smith v. Wyndham Vacation Ownership (D. Utah 2025). · cites it 3× “But the day before Wyndham’s response deadline, Istook sent an email to Moon, belatedly concurring that Wyndham’s original position was “correct that daily pre-judgment interest should not be determined under Utah Code § 34-28-9.”

Scholzen v. Scholzen Prods. Co. (D. Utah 2020). · cites it 2× “Scholzen’s claims are presumably brought under Utah Code Ann. § 34-28-9.5 . Defendants have not shown that § 34-28-9(1)(e) applies to an action brought by an individual.”

— Utah Code § 34-28-9.5(3)(b) — 1 case

Smith v. Wyndham Vacation Ownership (D. Utah 2025). “5 Wyndham later served a Rule 11 motion,6 prompting Smith’s counsel to state that Wyndham’s “threat to seek sanctions does not excuse you from responding to our motion nor extend the time for you to do so.”

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