Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Understanding Utah’s Recordkeeping Requirements
Under Utah law, employers must keep accurate records of hours worked and wages paid for at least four years (Utah Code § 34-28-2(3)). When employers fail to maintain these records, the Utah Labor Commission will allow employees to support lost wage claims with reasonable estimates.
Reconstructing Your Wage History
If your hours and pay rates are missing, start by gathering alternative documents and evidence:
- W-2 and 1099 Forms: These show total annual earnings.
- Bank Statements: Look for deposits from your employer to identify pay dates and amounts.
- Project Records or Invoices: For contract or piece-rate work, invoices or work orders can track hours or units produced.
- Calendar or Appointment Logs: Personal calendars, phone records, or scheduling apps may record shift times.
- Co-worker or Client Declarations: Written statements from colleagues or clients who observed your work schedule or output.
Calculating Estimated Lost Wages
Once you collect supporting evidence, follow these steps:
- Determine an average hourly rate by dividing documented total earnings by confirmed hours in a sample period.
- Estimate missing hours by preserving a consistent work pattern (for example, five days per week over the claim period).
- Multiply estimated hours by the average hourly rate to calculate total lost wages.
- Subtract any amounts your employer already paid to avoid double recovery.
Using Utah’s Presumptions When Records Are Missing
If an employer fails to keep or produce accurate records, the Utah Labor Commission may accept your reasonable estimate as prima facie evidence of the hours you worked. See Utah Admin. Code R612-2 (Wage and Hour Rules).
Filing a Claim with the Utah Labor Commission
Complete and file a Wage Claim form online at the Utah Labor Commission’s website. Provide your reconstructed wage calculation along with all supporting documents. The Commission will review your evidence and issue a determination.
Helpful Hints
- Keep copies of every document you collect, including digital photos of handwritten logs.
- Write a clear timeline of your work history to help you spot gaps.
- Ask co-workers to sign a simple declaration outlining your typical hours.
- Review IRS transcripts if you lack W-2 forms.
- Consult the Utah Labor Commission’s Wage Claim FAQ at https://laborcommission.utah.gov.