STATE Wage Claims
Battelle's employees Mr. Earl Steven Land, Ms. Brenda Mugleston, and Mr.
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,
The Utah Payment of Wages Act (UPWA,
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'
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
When the employer violates two separate laws: one
state and one federal, the employer then must bear the consequences of
Questions or Comments?
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questions or comments about the Battelle class action, please contact the Class