(1) A sales representative may bring a civil action in a court of competent jurisdiction against a principal for failure by the principal to comply with:

Ask an employment law question, get an answer ASAP!
Thousands of highly rated, verified employment lawyers
Specialties include: Employment Law, EEOC, Pension and Compensation, Harassment Law, Discrimination Law, Termination Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 34-44-301

  • Commission: means :
         (2)(a) compensation:
              (2)(a)(i) that accrues to a sales representative;
              (2)(a)(ii) for payment by a principal; and
              (2)(a)(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
         (2)(b) any other method of compensation agreed to between a sales representative and a principal including:
              (2)(b)(i) fees for services; and
              (2)(b)(ii) a retainer. See Utah Code 34-44-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Principal: means a person who:
         (4)(a) engages in any of the following activities with regard to a product or service:
              (4)(a)(i) manufactures;
              (4)(a)(ii) produces;
              (4)(a)(iii) imports;
              (4)(a)(iv) sells; or
              (4)(a)(v) distributes;
         (4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
         (4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102
  • sales representative: means a person who enters into a business relationship with a principal:
              (5)(a)(i) to solicit orders for a product or a service described in Subsection (4)(a); and
              (5)(a)(ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102
     (1)(a) any provision of an agreement relating to the payment of commission; or
     (1)(b) Subsection 34-44-202(1) or (2).
(2) If a principal is found liable under Subsection (1), the principal is liable to the sales representative for:

     (2)(a) three times an amount calculated by:

          (2)(a)(i) determining the sum of unpaid commission owed to the sales representative; and
          (2)(a)(ii) subtracting from the amount determined under Subsection (2)(a)(i) money the sales representative owes the principal;
     (2)(b) reasonable attorney fees; and
     (2)(c) court costs.