How Can I Get the Utah Labor Commission to Reconsider My Wage Claim Evidence?

Attorney Answer

A wage claim being narrowed for lack of evidence usually means the evidence didn't reach the right person or wasn't submitted in the format the investigator needed, and there's normally a path to get it back in front of them. Utah's Payment of Wages Act (Utah Code Title 34, Chapter 28) lets the Labor Commission's Antidiscrimination and Labor Division investigate wage claims. Under Utah Code § 34-28-9(1)(e), a wage claim must be filed within one year after the day the wages were earned — count from the day you did the work, not from the later payday when the money became due, since those dates can be weeks apart and counting from the payday can make you miss the deadline on the oldest wages you are owed. The division can also only take claims within certain dollar limits, so confirm the current limits with the commission directly.

If your claim was scaled back because the investigator says there's no evidence, the most important thing is getting your evidence into the file in a clear, organized, written way, rather than assuming it was seen just because you have it. Investigators handle many cases, and evidence that isn't clearly labeled or submitted through the right channel can get missed or discounted.

Utah's general rules for state agency proceedings, the Utah Administrative Procedures Act (Utah Code Title 63G, Chapter 4), typically allow you to ask for reconsideration of an agency decision, and if it's already gone to a formal order, there's usually a further right to appeal within the Labor Commission before it becomes final. Deadlines for these steps are often short, sometimes as little as a few weeks from a decision, so acting quickly matters more than almost anything else right now.

What you can do

1. Put together a clean, organized packet: pay stubs, your own hours log, emails discussing pay or hours, and a short written summary connecting each document to the specific discrepancy it proves. 2. Submit that packet in writing, by email or through the Labor Commission's filing system, and ask for written confirmation it was received and added to your case file. 3. Check any letter or notice you've received for a deadline to request reconsideration or appeal. If you're not sure whether one applies, call the Labor Commission and ask directly what your options are and by when. 4. Contact a Utah employment attorney now, before any appeal deadline passes. Many wage claims involve straightforward amounts that attorneys will review quickly, and some take these cases on contingency.

This is general legal information, not legal advice, and a Utah employment attorney can review your claim file and evidence and advise you on your specific next steps and deadlines.