34-28-9.5. Private cause of action. (1)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. (2)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: (a)the employee's wage claim is over $10,000; (b) (i)the employee's wage claim is less than or equal to $10,000; (ii)the employee asserts one or more additional claims against the same employer; and (iii)the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or (c) (i)in the same civil action, more than one employee files a wage claim against an employer; and (ii)the aggregate amount of the employees' combined wage claim is greater than $10,000. (3)In an action under this section, the court may award an employee: (a)actual damages; (b)an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of: (i)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 (ii)20 days after the day on which the court issues a final order; and (c)a penalty described in Subsection 34-28-5(1)(c), if applicable.
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