No. 30876: R610-3-4. Filing Procedure and Commencement of Agency Action

DAR File No.: 30876
Filed: 01/03/2008, 02:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this emergency rule is to allow the Labor Commission's Antidiscrimination and Labor Division to accept wage claims that have been signed but not notarized.

Summary of the rule or change:

The rule removes the existing rule's requirement that wage claims must be notarized.

State statutory or constitutional authorization for this rule:

Sections 34-23-101 et seq., 34-28-1 et seq., 34-40-101 et seq., and 63-46b-1 et seq.

Anticipated cost or savings to:

the state budget:

Because this rule only removes the existing notarization requirement applicable to wage claimants, and does not impose any additional requirements, it will neither increase UALD's costs of administering the Payment of Wages Act nor impose any additional compliance costs on the State of Utah in its capacity as an employer. Consequently, the rule amendment will not result in any costs or savings to the state budget.

local governments:

Because this rule amendment only removes the existing notarization requirement applicable to wage claimants, and does not impose any additional requirements, it will not result in any additional compliance costs for local government and will not result in any costs or savings to local governments.

small businesses and persons other than businesses:

Because this rule amendment only removes the existing notarization requirement applicable to wage claimants, and does not impose any additional requirements, it will not result in any additional compliance costs or savings for small businesses.

Compliance costs for affected persons:

By eliminating the current notarization requirement applicable to wage claimants, the proposed amendment will eliminate the need for claimants to pay a notary fee, thereby reducing compliance costs for claimants. No other persons are affected by the amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule amendment simplifies the wage claim filing process for employees. The amendment does not change existing requirements for employers. Consequently, the amendment will have no fiscal impact on businesses. Sherrie Hayashi, Commissioner

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Many Utah employees depend upon their wages to pay for food, shelter, education, and medical care for themselves and their families. The Utah Payment of Wages At (Title 34, Chapter 28), requires employers to pay wages in full and on time. If wages are not paid, the Act allows employees to file claims with the Utah Antidiscrimination and Labor Division (UALD). UALD then adjudicates the employees' right to payment and, when appropriate, orders employers to pay wages. The Payment of Wages Act does not require that wage claims be notarized. Therefore, the existing rule's notarization requirement is inconsistent with the Act. Furthermore, the notarization requirement prevents employees who lack the identification documents necessary for notarization from exercising their rights under the Act.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Antidiscrimination and Labor, Labor
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Heather Morrison or Brent Asay at the above address, by phone at 801-530-6921 or 801-530-6802, by FAX at 801-530-7601 or 801-530-7601, or by Internet E-mail at [e-mail] or [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule is effective on:

01/03/2008

Authorized by:

Sherrie Hayashi, Commissioner

RULE TEXT

R610. Labor Commission, Antidiscrimination and Labor, Labor.

R610-3. Filing, Investigation, and Resolution of Wage Claims.

R610-3-4. Filing Procedure and Commencement of Agency Action.

A. For purposes of Section 63-46b-3, commencement of an adjudicative proceeding at the Division to resolve a claim for wages is accomplished by the wage claimant filing a wage claim assignment form. The wage claim assignment form shall act as a request for agency action and the form and accompanying agency cover letter shall together include all information specified in Section 63-46b-3(2).

B. An employee who is denied full payment of wages due or is affected or aggrieved by a violation of a statutory provision may file a claim with the Division on a form provided by the Division for that purpose.

1. Besides amounts due an employee for labor or services on a time, task, piece, commission, or other reasonable method of calculating the amount, wages also includes the following items, if due under an agreement with the employer or under a policy of the employer:

a. vacation;

b. holiday;

c. sick leave;

d. paid time off; and

e. severance payments and bonuses.

C. The claim shall include the Claimant's name and address, the Defendant's name and address, a brief and concise statement of the claims, complaints, or allegations, the amount of money which is alleged to be due the Claimant and the Claimant's signature[ notarized before a notary public].

D. Upon receipt of a claim, the Division shall enter its receipt and assign a claim number.

E. The Division may telephone the Defendant and attempt to resolve the claim.

F. When a rapid resolution is not effected, the Division shall mail to the Defendant a copy of the claim and a blank answer form together with an accompanying agency cover letter.

G. The Defendant shall have ten working days from the date of the letter to submit an answer to the claim.

H. Where the Defendant concedes the validity of the claim, the Defendant may pay or otherwise satisfy the claim within ten working days from the date of the letter without being subject to a penalty, under Section 34-28-9(2).

1. As an exception to Subsection H, defendants that are repeat offenders by having more than two wage claims filed against them within a running year, which claims are determined by the Division to be valid and to not have resulted from the same facts or circumstances, shall be subject to a penalty in accordance with Section 34-28-9(2).

I. The Division shall by mail provide a copy of the defendant's answer to the claimant. The claimant shall have ten working days from the date of the letter to submit a rebuttal, if any.

 

KEY: wages, minors, labor, time

Date of Enactment or Last Substantive Amendment: January 3, 2008

Notice of Continuation: November 30, 2006

Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63-46b-1 et seq.