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Section 201 – Recordkeeping.

34-40-201. Recordkeeping. Employers shall keep payroll records of employees covered by this chapter showing names, addresses, and dates of birth. Such records shall also show hours worked and wages paid to all covered employees. Records shall be maintained for three years. Enacted by Chapter 8, 1990 General Session

Section 202 – Enforcement.

34-40-202. Enforcement. The division shall enforce this chapter and investigate complaints under this chapter. The division may commence administrative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and may impose a penalty of up to $500 per violation of this chapter. Amended by Chapter 382, 2008 General Session

Section 203 – Investigation authority.

34-40-203. Investigation authority. (1) The division shall have access to all payroll records of any place of business or establishment, required by this chapter to pay its employees a minimum wage, to investigate for compliance with this chapter. (2) The division shall have access to business records kept at the place of business or establishment […]

Section 204 – Criminal penalty — Enforcement.

Effective 5/14/2019 34-40-204. Criminal penalty — Enforcement. (1) As used in this section, “violation” includes separate violations as to individual employees arising out of the same investigation or enforcement action. (2) (a) A violation of this chapter is an infraction. (b) A second violation of this chapter is a class C misdemeanor. (c) A third […]

Section 205 – Civil action allowed.

34-40-205. Civil action allowed. (1) In addition to the administrative and criminal actions authorized by this chapter, an employee may bring a civil action to enforce his rights under this chapter. (2) (a) An aggrieved employee is entitled to injunctive relief and may recover the difference between the wage paid and the minimum wage, plus […]