Battelle's Former and Current employees individually and on behalf of others similarly situated current and former employees have filed a collective (class) action lawsuit against Battelle in the United States District Court for the District of Utah, Salt Lake City, Utah.  

 

The Utah Payment of Wages Act (UPWA, Utah Code Ann. § 34-28-3) provides for prompt and full payment of wages for all the time worked.  The remedies provided by the UPWA are similar to the FLSA, yet are distinct from FLSA and do not conflict with the FLSA's provisions or goals. The FLSA and the UPWA are directed toward different wrongs committed by the employer and supply different remedies. Whereas the FLSA sets minimum wages and maximum hours and requires that workers receive extra compensation for working overtime, the UPWA ensures that employers fully and promptly pay their employees' wages.

 

The federal and the Utah statutes are aimed toward different but harmonious ends. It is possible for an employer to comply with both laws simply by compensating for or curtailing hours worked in excess of forty per week and by promptly paying wages to its employees. Prompt payment of wages in no way frustrates the federal goal of maintaining "the minimum standard of living necessary for the health, efficiency, and general well-being of workers." 29 U.S.C. § 202(a). Consequently, the courts have held that the FLSA does not preempt the UPWA. 

 

When the employer violates two separate laws: one state and one federal, the employer then must bear the consequences of each.