Private cause of action

(1) Except as provided in Subsection (2), for a wage claim that is less than or equal to $10,000, the employee shall exhaust the employee's administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 before the employee may file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (2) An employee may file an action for a wage claim in a court without exhausting the administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 if: (a) the employee's wage claim is over $10,000; (b) (i) the employee's wage claim is less than or equal to $10,000; (ii) the employee asserts one or more additional claims against the same employer; and (iii) the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or (c) (i) in the same civil action, more than one employee files a wage claim against an employer; and (ii) the aggregate amount of the employees' combined wage claim is greater than $10,000. (3) In an action under this section, the court may award an employee: (a) actual damages; (b) an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of: (i) the period beginning the day on which the court issues a final order and ending the day on which the employer pays the unpaid wages owed to the employee; or (ii) 20 days after the day on which the court issues a final order; and (c) a penalty described in Subsection 34-28-5(1)(c), if applicable.