Detailed Answer
Under Utah law, employers must keep accurate payroll and time records. Utah Code § 34-28-5 requires an employer to maintain records of hours worked and wages paid for at least three years. If your former employer refuses to provide your payroll records, you have several options to document your lost wages:
- Gather alternative documentation. Collect any pay stubs, W-2s, 1099s, direct deposit statements, and bank statements showing employer deposits. Your personal calendar or time log can help establish hours worked.
- Request a wage claim through the Utah Labor Commission. The Labor Commission enforces Utah’s Payment of Wages Act and can order your employer to produce records. Visit the Utah Labor Commission’s wage claim page: https://laborcommission.utah.gov/.
- Use federal channels if applicable. If you performed work covered by the Fair Labor Standards Act (FLSA), you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. They can investigate and subpoena records.
- Subpoena records in court. If you file a lawsuit for unpaid wages, you can request the court to issue a subpoena compelling your employer to turn over payroll records and related documents.
- Affidavits and testimonies. Ask former colleagues or supervisors to sign sworn statements regarding your hours worked and wage rate. Combine these with your own record of hours and payments received.
If you decide to file a formal wage claim or lawsuit, include copies of all collected documents and affidavits. Utah Code § 34-28-7 outlines remedies for employers who fail to pay wages or keep records: https://le.utah.gov/xcode/Title34/Chapter28/34-28-7.html. Courts may award unpaid wages plus interest, attorney fees, and a penalty of up to 50% of the unpaid wages.
Helpful Hints
- Keep a personal log of hours worked immediately after each shift.
- Use bank and credit card statements to confirm pay dates and amounts.
- Request a certified wage statement or “earnings statement” from the Labor Commission if your employer ignores your requests.
- Check your state tax return for reported income if you lack employer records.
- Act promptly—Utah allows wage claims within two years from the date the wages were due.
Disclaimer: This article is for general informational purposes only. It does not constitute legal advice, and you should consult a qualified attorney to discuss your specific situation.