DAR File No. 31148

Labor Commission, Antidiscrimination and Labor, Labor

R610-3-10

Attorney Fees

NOTICE OF PROPOSED RULE

DAR File No.: 31148
Filed: 04/14/2008, 02:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to bring the current rule into compliance with the language of Section 34-28-13. The current rule allows for an award of attorney fees to private counsel for representing a claimant before the commission, and cites Section 34-28-13 as authority for that award. However, Section 34-28-13 of the Payment of Wages Act does not allow for an award of attorney fees to private counsel, and therefore the rule, as currently drafted, is confusing and inaccurate.

Summary of the rule or change:

The amendment removes obsolete language from the rule, which had allowed for the recovery of attorney fees under Section 34-28-13. That section of the Payment of Wages Act, however, no longer allows an award of attorney fees to private counsel for representing a claimant before the commission.

State statutory or constitutional authorization for this rule:

Sections 34-23-101 et seq., 34-28-1 et seq., 34-40-101 et seq., and 63-46b-1 et seq.

Anticipated cost or savings to:

the state budget:

Because this rule does not impose any additional requirements, it will neither increase the Division of Antidiscrimination and Labor's costs of administering the Payment of Wages Act, nor impose any additional compliance costs on the State of Utah in its capacity as an employer. Consequently, the rule amendment will not result in any costs or savings to the state budget.

local governments:

Because this rule amendment does not impose any additional requirements, it will not result in any additional compliance costs for local government and will not result in any costs or savings to local governments.

small businesses and persons other than businesses:

Because this rule amendment does not impose any additional requirements, it will not result in any additional compliance costs for small businesses.

Compliance costs for affected persons:

By eliminating the current rule's attorney fees provision, which no longer has authority in the Payment of Wages Act, the proposed amendment will eliminate confusion and bring the rule into compliance with the statute. It will not result in any cost to affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

By eliminating the current rule's attorney fees provision, which no longer has authority in the Payment of Wages Act, the proposed amendment will eliminate confusion and bring the rule into compliance with the statute. It will not result in any cost to businesses. Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Antidiscrimination and Labor, Labor
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Heather Morrison or Brent Asay at the above address, by phone at 801-530-6921 or 801-530-6802, by FAX at 801-530-7601 or 801-530-7601, or by Internet E-mail at hmorrison@utah.gov or basay@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/02/2008

This rule may become effective on:

06/09/2008

Authorized by:

Sherrie Hayashi, Commissioner

R610. Labor Commission, Antidiscrimination and Labor, Labor.

R610-3. Filing, Investigation, and Resolution of Wage Claims.

R610-3-10. Attorney Fees.

A. Pursuant to Section 34-28-9(4)(b), a[A]ttorney fees and costs[, in addition to the award for wages, shall be allowed in an Order for Payment and in an Order on Default and Order to Pay pursuant to Section 34-28-9(4)(b)] shall be allowed to counsel employed by the commission, the attorney general or the county representing the commission in appeals when the plaintiff prevails and in judgment enforcement proceedings. Attorney fees shall be allowed in the amount of $[3]500 or one-third of the award, whichever is greater.[

B. Reasonable attorney fees may be awarded private counsel pursuant to Section 34-28-13 for representing a claimant before the Commission.]

 

KEY: wages, minors, labor, time

Date of Enactment or Last Substantive Amendment: [December 17, 2002]2008

Notice of Continuation: November 30, 2006

Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63-46b-1 et seq.