Laws impacting unpaid overtime in Utah

June 20, 2013

Although some states have elected to create their own statutes regarding employee overtime, many states, including Utah, generally adhere to federal overtime laws in wage and hour disputes - specifically, the Fair Labor Standards Act (FLSA).

Under the FLSA, unless an employee is clearly exempted, he or she is entitled to receive overtime pay for any time worked in excess of 40 hours in a given week. In particular, the rate of pay for overtime hours must be at least one and one-half times an employee's regular pay rate. In addition, an agreement between an employer and an employee waiving overtime requirements is unenforceable under the FLSA - meaning overtime wages must still be paid even if the employee believes he or she has agreed to waive his or her rights to it.

Interestingly, many employers and employees are unaware of what actually constitutes "work" time when calculating whether an employee has actually worked more than 40 hours in a given workweek. For instance, the time an employee spends traveling as part of his or her job, such as between jobsites during the workday, will generally be counted as time worked. Conversely, the time it takes an employee to travel to and from work at the beginning and end of the workday is often not considered work time.

Also, short rest periods - such as those less than 20 minutes - are commonly considered work time, and must be compensated, while lunch breaks of at least 30 minutes are customarily not considered work time. However, it is important to note that if an employee has not been "completely relieved" of work duties during a lunch break, this time is considered work time. This can often occur when an employee spends a lunch break eating at his or her desk while answering calls or responding to work emails.

While these small segments of unpaid work time may appear insignificant at first glance, over time these minutes can add up to several hours - and consequently, substantial amounts of unpaid overtime.

Remedies in Utah for unpaid overtime

In Utah, remedies for unpaid wages and overtime may be available under both the FLSA and Utah's Payment of Wages Act, depending on the circumstances. For instance, a Utah employee may seek unpaid overtime under the FLSA, and a Utah employee may seek to recover wages, not paid, that do not consist of overtime pay, as well as other wages due and owing to the employee.

If an employer fails to pay wages or overtime within "24 hours of written demand" following an employee's termination of employment, then the employee may be entitled to a penalty payment of an additional 60 days of wages if the employer continues to refuse payment over that time.

Under both the FLSA and the Utah Payment of Wages Act, an employee who prevails on their claim can recover attorneys' fees and costs incurred in bringing the lawsuit.

As this article illustrates, the laws surrounding unpaid overtime are quite complicated in Utah, meaning it is often best to seek the counsel of an experienced employment law attorney if you are currently involved in an overtime wage and hour dispute. A skilled attorney can help explain the laws and assist with ensuring your rights are protected.

Article provided by Stavros Law, P.C.
Visit us at www.stavroslaw.com/