Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Understanding Employer Legal Names vs. DBAs
When a company operates under a trade name or “doing business as” (d/b/a), that name often appears in signage, marketing, and on pay stubs. The d/b/a differs from the legal name filed with the Utah Division of Corporations, such as “Acme Logistics, LLC” d/b/a “Fast Shipping.” Utah law treats the legal name as the official employer for wage claims (Utah Code § 34-28-2).
Why the Correct Name Matters in a Lost Wage Claim
When you file a wage claim with the Utah Labor Commission, you must identify the proper legal entity. If you list only a d/b/a, the Commission may struggle to effect service or may dismiss the claim if the registered entity differs. Accurate naming ensures timely notice and prevents procedural delays or dismissal.
Finding the Employer’s Legal Name
1. Visit the Utah Division of Corporations website at corporations.utah.gov.
2. Search by d/b/a or owner name.
3. Review the record for the exact legal entity name and status.
How to List the Employer on Your Claim
On the Labor Commission wage-claim form:
- Enter the legal name as registered (for example, “Acme Logistics, LLC”).
- Add the d/b/a in parentheses: “Acme Logistics, LLC (d/b/a Fast Shipping).”
This format satisfies notice requirements and ensures the Commission can serve the correct business entity (Utah Code § 34-28-3.3).
Amending the Claim if You Make a Naming Error
If you realize you used only the d/b/a or misspelled the legal name, you can amend your complaint under Commission rules. File an amendment explaining the correction, attach proof of the legal name (e.g., Division of Corporations record), and resubmit to the Commission (Utah Code § 34-28-3.8).
Practical Steps for a Smooth Filing
1. Confirm the name before you submit.
2. Keep a copy of the Division of Corporations printout.
3. Attach any proof of business status (e.g., pay stub showing d/b/a).
4. Double-check spelling and entity type (Inc., LLC, Ltd.).
When to Consult an Attorney
If your employer contests the entity’s identity or you face complex multi-entity employers, consider consulting a labor attorney. An attorney can help identify the correct defendant and avoid procedural pitfalls.
Helpful Hints
- Use single, consistent business names across all documents.
- Verify entity status (active/inactive) online.
- Attach Division of Corporations record to your claim form.
- Note the filing deadlines: you generally have up to one year from the wage–payment date to file (Utah Code § 34-28-4).
- Keep copies of all forms and correspondence for your records.