34-28-5 - Separation from payroll -- Resignation -- Cessation because of industrial dispute.
34-28-5. Separation from payroll -- Resignation -- Cessation because of industrialdispute.
(1) (a) Whenever an employer separates an employee from the employer's payroll theunpaid wages of the employee become due immediately, and the employer shall pay the wages tothe employee within 24 hours of the time of separation at the specified place of payment.
(b) (i) In case of failure to pay wages due an employee within 24 hours of writtendemand, the wages of the employee shall continue from the date of demand until paid, but in noevent to exceed 60 days, at the same rate that the employee received at the time of separation.
(ii) The employee may recover the penalty thus accruing to the employee in a civil action. This action must be commenced within 60 days from the date of separation.
(iii) An employee who has not made a written demand for payment is not entitled to anypenalty under Subsection (1)(b).
(2) If an employee does not have a written contract for a definite period and resigns theemployee's employment, the wages earned and unpaid together with any deposit held by theemployer and properly belonging to the resigned employee for the performance of the employee'semployment duties become due and payable on the next regular payday.
(3) If work ceases as the result of an industrial dispute, the wages earned and unpaid atthe time of this cessation become due and payable at the next regular payday, as provided inSection 34-28-3, including, without abatement or reduction, all amounts due all persons whosework has been suspended as a result of the industrial dispute, together with any deposit or otherguaranty held by the employer for the faithful performance of the duties of the employment.
(4) This section does not apply to the earnings of a sales agent employed on acommission basis who has custody of accounts, money, or goods of the sales agent's principal ifthe net amount due the agent is determined only after an audit or verification of sales, accounts,funds, or stocks.
Amended by Chapter 17, 1995 General Session