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While the country turns it's attention to the Wall St bailout, it is time for Utah to turn it's attention to the laws that allow these things to happen. With many of Utah's start-up businesses and new companies financed, not by profits, but instead by venture capitalists and loans from outside interests, many companies are suddenly facing going under. Many of these employers will choose to use the Utah code to their advantage and just walk away, never paying their employees. With our current code, employees may never see a dime.
This isn't just about Wall St or bad investments. This is about a bad law that protects employers, while doing nothing to protect employees. Say an employer decides it is in his or her best interest to walk away from the business and go find other employment, leaving the employees without a paycheck or employment. Utah actually protects the employer from having to pay the employee!
According to Utah Admin Code R610-3 Filing, Investigating, and Resolution of Wage Claims, employers who fail to pay their employees are first sent a letter, and then sent another letter, and another, and another. Eventually, after 90 days, (assuming the Wage and Labor Commission moves quickly and efficiently), the claim gets moved to the Attorney General's Office, where, you guessed it, another letter is sent. Eventually, when these busy agencies have time, the case is moved to an arbitration and mediation court. It then takes about 5-8 months to get an appointment with that court. And if and when that magic day ever arrives, it will be determined that yes or no the employer owes the employee. If it is determined that in fact they do owe them wages, a lien is placed against the employer's assets.
How long does it take for that lien to produce anything for the long-suffering employee?
Utah Admin Code R610-3-14-2. The docketing of an Order shall constitute a lien against the real property of the defendant situated in the county for a period of eight years.
Yes, you read that right. An employee may have to wait EIGHT YEARS to get their wages! There is no “golden parachute” to help these employees who are suddenly both without a job and screwed out of their wages.
When we go to work we put our trust in our employers that they will provide for us in exchange for the labors we perform. We put our livelihood in their hands and rely on the fact that as long as we do our best, we will be paid, and in turn be able to provide for our families.
But Utah employers who get tired of running a business, or lose financing, or simply decide that there is more money to be made elsewhere can walk away from the business and the employees that depend on them, with little consequences.
This is not moral and this is not right! Employers should face criminal charges for running faulty businesses and failing to pay their employees. Men and women CEO's who chose to leave their businesses for higher paying salaries with other organization with no thoughts or cares to the employees they screw over in their wake should face public punishments, and not just inconvenient fines.
Utah, take a look closer at home and ask yourself if you will be protected if your employer goes under or walks away from the business. Will you be paid? Will you be prepared to wait eight years before seeing those wages? Will you be able to survive on unemployment at a fraction of your past earnings?
Don't just sit and watch Wall Street. Take action here at home. Let's change these laws that protect employers and not the employees. Let's make it criminal to not pay employees! Ask the state legislature candidates what they plan to do to protect employees. Challenge the law. Stand up and make it clear that we will not allow employees to be taken advantage of!
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