No OT for over 2-years - Utah

[n7slc]

For over 2-years I've been working under the assumption that I was exempt
from overtime. Being a field service technician, I recently found out that I am
actually considered a non-exempt employee and should have been paid for
the OT that I worked.

The company is attempting to discredit my claim by using security logs with
many "holes" or gaps in the data which in my opinion should make the logs
questionable at best. My question is this, if the company cannot verify my
time accurately, who will the DOL likely side with?

[Betty3]

All you can do is submit a claim to your state's DOL & tell them the truth. Of course, if you have anything that would verify the hrs. you worked, that would certainly help. However, your employer will have to prove that you are not due the OT wages you are claiming.

[Pattymd]

And you'd better file that claim soon, because, although I haven't checked Utah law specifically, many states limit the time you can file a claim to 2 years (or in some state, even less) after the violation.

[n7slc]

Thanks for the replies. According to the US DOL I can only go back 2-years.
As of yet, I haven't been able to find anything on the Utah law and the Utah
labor commission site just refers me to the US DOL site.

Time to ask my attorney...

[Betty3]

The US DOL gives you 2 yrs. to file from date of violation. (3 yrs. if willful violation)

However, this is Utah's statute:
Utah 34-28-9
(1) (a) The division shall:
b) The commission may make rules consistent with this chapter governing wage claims and payment of wages.
(c) The minimum wage claim that the division may accept is $50.
(d) The maximum wage claim that the division may accept is $10,000.
(e) The wage claim shall be filed within one year of the date the wages were earned.

[n7slc]

Thanks Betty.

[Betty3]

You're welcome.