WAGE AND HOUR DEMAND LETTER
State of Utah
Utah Payment of Wages Act and Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Utah ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Utah State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective action contemplated]
Demand for Unpaid Wages Under Utah Law and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO URE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Utah Payment of Wages Act, Utah Code Ann. Section 34-28-1 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. UTAH-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Utah follows the federal minimum wage and does not have a higher state minimum. However, Utah's Payment of Wages Act provides significant protections for wage payment, including strong final wage payment requirements with substantial penalty provisions.
Key Legal Framework:
| Category | Utah/Federal Requirement | Citation |
|---|---|---|
| Minimum Wage | $7.25/hour (follows federal) | Utah Code Ann. Section 34-40-103 |
| Overtime | 1.5x regular rate after 40 hours/week | 29 U.S.C. Section 207 |
| Tipped Minimum | $2.13/hour (with tip credit) | 29 U.S.C. Section 203(m) |
| Pay Frequency | At least semi-monthly | Utah Code Ann. Section 34-28-3 |
| Final Wage Penalty | Up to 60 days' wages | Utah Code Ann. Section 34-28-5 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Utah Payment of Wages Act | 3 years | Utah Code Ann. Section 34-28-11 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Breach of Contract | 6 years | Utah Code Ann. Section 78B-2-309 |
C. Utah Wage Payment Requirements
Payment Timing Requirements (Utah Code Ann. Section 34-28-3):
| Situation | Requirement | Citation |
|---|---|---|
| Regular wages | At least semi-monthly | Utah Code Ann. Section 34-28-3 |
| Involuntary termination | Within 24 hours of demand | Utah Code Ann. Section 34-28-5(1)(a) |
| Voluntary resignation | Next regular payday | Utah Code Ann. Section 34-28-5(1)(b) |
| Penalty for late payment | Up to 60 days' wages | Utah Code Ann. Section 34-28-5(2) |
Payroll Deductions:
- Deductions must be authorized by law or employee consent
- Cannot reduce wages below minimum wage
- Written authorization required for voluntary deductions
D. Enforcement Mechanisms
Administrative:
- Utah Labor Commission
- Antidiscrimination and Labor Division
- File complaint at laborcommission.utah.gov
Private Right of Action (Utah Code Ann. Section 34-28-9):
- Direct lawsuit in state or federal court
- Unpaid wages plus penalty (up to 60 days' wages)
- Reasonable attorney's fees and costs
- 3-year statute of limitations
E. Tip Credit Rules (Utah/Federal)
Utah follows federal tip credit rules:
| Requirement | Standard |
|---|---|
| Cash wage minimum | $2.13/hour |
| Tip credit maximum | $5.12/hour |
| Total must equal | $7.25/hour minimum |
| Notice required | Yes, before taking credit |
| Tip pooling | Valid only among customarily tipped employees |
| Employer tip retention | Prohibited |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Utah. During this employment, [Company Short Name] violated Utah and federal wage laws by:
[ ] Failing to pay the minimum wage of $7.25 per hour required under the FLSA
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay wages semi-monthly as required by Utah law
[ ] Failing to pay final wages within 24 hours of demand, triggering penalty damages
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Utah] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Utah Payment of Wages Act Violations
1. Payment Frequency (Utah Code Ann. Section 34-28-3)
Utah requires employers to pay wages at least semi-monthly. [Describe any violation.]
2. Final Wage Payment (Utah Code Ann. Section 34-28-5)
For involuntary terminations, employees who demand payment must receive all wages within 24 hours. Failure to pay triggers a penalty of up to 60 days' wages at the regular rate.
Final Wage Demand Made: [Date of demand]
Days Since Demand: [X days]
Penalty Calculation: [Daily wage] x [Days, up to 60] = $[Amount]
B. FLSA Violations
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Individual Coverage
Alternatively, our client was individually engaged in interstate commerce.
C. Minimum Wage Violation (29 U.S.C. Section 206)
The FLSA requires covered employers to pay employees at least $7.25 per hour for all hours worked. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
D. Overtime Violation (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
V. DAMAGES CALCULATION
A. Utah and FLSA Damages
Relevant Period: [Start Date - 3 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Utah Final Wage Penalty (Utah Code Ann. Section 34-28-5)
| Daily Wage | Days Unpaid | Penalty (Up to 60 Days) |
|---|---|---|
| $[X.XX] | [X days] | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Utah Final Wage Penalty (up to 60 days) | $[Amount] |
| FLSA Liquidated Damages (Equal Amount) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective Action Exposure
If this case proceeds as an FLSA collective action:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Penalties/Liquidated Damages | $[Amount] | [X employees] | $[Amount] |
| Collective Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Utah statutory penalties
- FLSA liquidated damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] Utah District Court, [County] County
[ ] United States District Court for the District of Utah
The Complaint will seek:
1. Unpaid wages under Utah Code Ann. Section 34-28-1 et seq. and FLSA
2. Utah final wage penalty under Utah Code Ann. Section 34-28-5
3. Unpaid overtime under 29 U.S.C. Section 207
4. FLSA liquidated damages under 29 U.S.C. Section 216(b)
5. Attorney's fees and costs
6. Collective action certification under 29 U.S.C. Section 216(b)
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior Labor Commission investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Utah Rule of Evidence 408 and applicable evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Utah State Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
UTAH-SPECIFIC PRACTICE NOTES
[ ] Federal Minimum Wage: Utah follows federal $7.25/hour minimum wage
[ ] Strong Final Wage Penalty: Up to 60 days' wages as penalty for late final payment; very powerful claim
[ ] 24-Hour Rule: Terminated employees who demand payment must receive wages within 24 hours
[ ] No State Overtime: Utah relies on FLSA for overtime requirements
[ ] Labor Commission: Utah Labor Commission handles administrative wage claims
- Website: laborcommission.utah.gov
- Phone: (801) 530-6801
[ ] At-Will State: Utah is an at-will employment state; wrongful termination claims are limited
[ ] Court Venue:
- State District Court: All counties
- Federal District Court: District of Utah (Salt Lake City)
[ ] Right to Work: Utah is a right-to-work state; Utah Code Ann. Section 34-34-1 et seq.
[ ] 3-Year State SOL: Utah has longer 3-year statute of limitations for state wage claims
[ ] Mining/Natural Resources: Special rules may apply to certain extractive industries