Utah Sales Commissions: What You Need to Know
Utah’s workforce includes a significant number of pest control and alarm sales representatives, many of whom work on a commission basis. Recognizing the potential for abuse in these relationships, the Utah Legislature enacted the Sales Representative Commission Payment Act in 2007 (Utah Code Ann. 34-44-101 et seq.) to protect workers from companies withholding earned commissions. This post outlines who is protected, who is excluded, and what remedies are available under this Act.

Who Does the Utah Sales Commissions Act Protect?
The Utah Sales Commissions Act applies to most direct sales companies and principal-agent relationships where individuals sell products or services for a company. Common examples include:
- Pest control sales representatives.
- Alarm company salespersons.
- Flooring, tile, and furniture sales representatives.
- Other commissioned workers with a written agreement.
Moreover, if you work under a signed commission agreement, you are likely covered by this law.
Who Is Excluded from the Act?
Certain salespeople, however, do not qualify for protections under the Act. Specifically, the statute excludes:
- Licensed insurance agents under the Utah Insurance Code.
- Licensed real estate agents under Chapter 2f of the Real Estate Licensing and Practices Act.
- Individuals selling products related to real estate purchases.
- Those purchasing products or services for resale.
While these exclusions limit coverage, workers in excluded categories may still pursue legal action through other means, such as breach of contract claims.
Legal Requirements for Protection
To qualify under the Act, you need a written and signed commission agreement with your employer. This agreement must outline how commissions are calculated and when they are paid.
- Without a Signed Agreement: If there is no signed document, the Act does not apply. In that case, you can pursue claims for breach of contract or unjust enrichment.
Remedies for Denied Utah Sales Commissions
The Act provides strong remedies for workers whose commissions are withheld. These remedies include:
- Treble Damages: For every $100 in unpaid commissions, the court can award $300 in damages.
- Attorney Fees: The losing party must pay reasonable attorney fees, which helps reduce the financial burden on workers seeking justice.
- Court Costs: Recoverable costs include filing fees, subpoenas, and depositions, usually amounting to around $1,000.
For example, if a company fails to pay a $500 commission, you could recover $1,500 in treble damages, plus additional compensation for attorney fees and court costs.
Steps for Filing a Claim
You can file a civil lawsuit against your employer under Utah Code Ann. 34-44-301 if they fail to pay your commissions. To succeed in court, you must provide evidence that the company violated the agreement or failed to meet statutory requirements. If the court rules in your favor, you can recover:
- Treble damages.
- Attorney fees.
- Court costs.
What If You’re Not Covered by the Act?
If the Act does not apply to your case due to exclusions or the lack of a signed agreement, you can still pursue legal action. For instance, breach of contract and unjust enrichment claims allow you to argue that you fulfilled your obligations and deserve payment. These remedies are available under common law and remain effective in securing unpaid commissions.
Proving Your Case: Evidence Standards
Utah courts require plaintiffs in civil cases to prove their claims by a preponderance of the evidence, meaning the claim is more likely true than not.
- Occurrence of Damages: You need clear documentation to show the company unlawfully denied your commissions.
- Extent of Damages: Courts apply a lower standard for proving the specific amount of your damages, which helps when companies withhold records during discovery.
Why Hire an Attorney for Denied Utah Sales Commissions?
Experienced attorneys, such as Jake Gunter, understand how to navigate Utah’s laws to recover unpaid commissions effectively. With nearly 20 years of experience, Jake specializes in representing workers against unfair practices. His expertise includes filing claims, proving damages, and securing treble compensation for clients.
Contact Attorney Jake Gunter Today
If your employer failed to pay your commissions, don’t wait to take action. Call or text (801) 373-6345 to schedule a free consultation with Attorney Jake Gunter. He is dedicated to helping workers recover their Utah sales commissions and ensuring companies are held accountable.
Learn More About Utah Accident Lawyer Jake Gunter 
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.