Private cause of action.

Private cause of action. 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. Amended by Chapter 158 , 2024 General Session 2024