The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
title-34•Title 34 — Labor in General
In the interpretation and application of this chapter, the public policy of this state is declared as follows:
(1) It is not unlawful for employees to organize themselves into or carry on labor unions for the purpose of lessening hours of labor, increasing wages, bettering the conditions of members, or carrying out the legitimate purposes of such organizations as freely as they could do if acting singly.
(2) The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purpose of mutual help and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate object thereof; nor shall such organizations or membership in them be held to be illegal combinations or conspiracies in restraint of trade under the antitrust laws.
(3) Negotiations of terms and conditions of labor should result from voluntary agreement between employer and employee. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers the individual unorganized worker is helpless to exercise actual liberty of contract and to protect the individual unorganized worker's freedom of labor and thereby to obtain acceptable terms and conditions of employment. Therefore, it is necessary that the individual employee have full freedom of association, self-organization, and designation of representatives of the individual employee's own choosing to negotiate the terms and conditions of the individual employee's employment, and that the individual employee shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or their mutual aid or protection.
No court, nor any judge or judges of it, shall have jurisdiction to issue any restraining order or temporary or permanent injunction which in specific or general terms prohibits any person or persons from doing, whether singly or in concert, any of the following acts:
(1) ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement to do such work or to remain in such employment;
(2) becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in Section 34-19-3;
(3) paying or giving to or withholding from any person any strike or unemployment benefits or insurance or other money or things of value;
(4) by all lawful means aiding any person who is being proceeded against in or is prosecuting any action or suit in any court of the United States or of any state;
(5) giving publicity to and obtaining or communicating information regarding the existence of or the facts involved in any dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat of same;
(6) ceasing to patronize or to employ any person or persons;
(7) assembling peaceably to do or to organize to do any of the acts heretofore specified or to promote lawful interests;
(8) advising or notifying any person or persons of an intention to do any of the acts heretofore specified;
(9) agreeing with other persons to do or not to do any of the acts heretofore specified;
(10) advising, urging, or inducing without fraud, violence, or threat of same, others to do the acts heretofore specified, regardless of any such undertaking or promise as is described in Section 34-19-3;
(11) doing any act or thing which might lawfully be done in the absence of labor dispute by any party thereto; or
(12) doing in concert any or all of the acts heretofore specified on the ground that the persons engaged therein constitute an unlawful combination or conspiracy.
No officer or member of any association or organization or no association or organization participating or interested in a labor dispute shall be held responsible or liable in any civil action at law or suit in equity, or in any criminal prosecution, for the unlawful acts of individual officers, members, or agents, except upon proof by the weight of evidence and without the aid of any presumptions of law or fact, both of:
(1) the doing of such acts by persons who are officers, members or agents of any such association or organization; and
(2) actual participation in, or actual authorization of, such acts, or ratification of such acts after actual knowledge thereof by such association or organization.
Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that:
(1) The status quo cannot be maintained but is necessarily altered by the injunction;
(2) Determination of issues of veracity and/or probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error;
(3) Error in issuing the injunctive relief is usually irreparable to the opposing party; and
(4) Delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.
(1) No court, nor any judge or judges of a court, shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in Section 34-19-11, except after hearing the testimony of witnesses in open court, with opportunity for cross-examination, in support of the allegations of a complaint made under oath and testimony in opposition to it, if offered, and except after findings of all of the facts described in Subsection (2) by the court, or a judge or judges.
(2) The findings required by Subsection (1) are all of the following:
(a) that unlawful acts have been threatened or committed and will be executed or continued unless restrained;
(b) that substantial and irreparable injury to property or property rights of the complainant will follow unless the relief requested is granted;
(c) that as to each item of relief granted greater injury will be inflicted upon complainant by the denial of it than will be inflicted upon defendants by the granting of it;
(d) that no item of relief granted is relief that a court or judge of it has no jurisdiction to restrain or enjoin under Section 34-19-2;
(e) that the complainant has no adequate remedy at law; and
(f) that the public officers charged with the duty to protect complainant's property have failed or are unable to furnish adequate protection.
(3) Subject to Subsection (4), the hearing required by Subsection (1) shall be held after due and personal notice of it has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to those public officers charged with the duty to protect complainant's property.
(4)
(a) If a complainant shall also allege that unless a temporary restraining order shall be issued before a hearing may be had, a substantial and irreparable injury to complainant's property will be unavoidable, a temporary restraining order may be granted upon the expiration of such reasonable notice of application for the restraining order as the court may direct by order to show cause, but in no less than 48 hours. This order to show cause shall be served upon such party or parties as are sought to be restrained and as shall be specified in the order, and the restraining order shall issue only upon testimony, or in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as provided for in this section.
(b) Such a temporary restraining order shall be effective for no longer than five days, and at the expiration of said five days shall become void and not subject to renewal or extension, except that if the hearing for a temporary injunction shall have been begun before the expiration of the five days, the restraining order may in the court's discretion be continued until a decision is reached upon the issuance of the temporary injunction.
(5) No temporary restraining order or temporary injunction shall be issued except on condition that the complainant shall first file an undertaking with adequate security sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with reasonable attorney fees, and expense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court. This undertaking shall be understood to signify an agreement entered into by the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against such complainant and surety, the complainant and the surety submitting themselves to the jurisdiction of the court for that purpose, except that nothing in this Subsection (5) shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue the party's ordinary remedy by suit at law or in equity.
No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute either by negotiation or with the aid of any available machinery of governmental mediation or voluntary arbitration, but nothing herein contained shall be deemed to require the court to await the action of any such tribunal if irreparable injury is threatened.
No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of finding of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction. Every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the complaint or petition filed in such case and expressly included in the finding of fact made and filed by the court as provided herein and shall be binding only upon the parties to the suit, their agents, servants, employees and attorneys, or those in active concert and participation with them, and who shall by personal service or otherwise have received actual notice of the same.
Whenever any court, or judge or judges of it, shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on the party's filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of such record in the appropriate appellate court the appeal shall be heard with the greatest possible expedition, giving the proceeding precedence over all other matters except older matters of the same character.
In all cases where a person shall be charged with indirect criminal contempt for violation of a restraining order or injunction issued by a court, or judge or judges of it, the accused shall enjoy:
(1) the rights as to admission to bail that are accorded to persons accused of crime;
(2) the right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view of or in the presence of the court;
(3) upon demand, the right to a speedy and public trial by an impartial jury of the judicial district in which the contempt shall have been committed. This requirement may not be construed to apply to contempts committed in the presence of the court or so near to it as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders or process of the court; and
(4) the right to file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred otherwise than in open court. Upon the filing of any such demand the judge shall proceed no further, but another judge shall be designated by the presiding judge of the court. The demand shall be filed prior to the hearing in the contempt proceeding.
Punishment for a contempt, specified in Section 34-19-9, may be by fine, not exceeding $100, or by imprisonment not exceeding 15 days in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail for the nonpayment of such a fine, the person shall be discharged at the expiration of 15 days; but if the person is also committed for a definite time, the 15 days shall be computed from the expiration of the definite time.
(1) The words "labor dispute" as used in this chapter include any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or association and if the person or association is engaged in the industry, trade, craft, or occupation in which such dispute occurs, or is a member, officer, or agent of any association of employers or employees engaged in such industry, trade, craft, or occupation.
(3) A case shall be held to involve or grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employees of one employer; or who are members of the same or an affiliated organization of employers or employees whether such dispute is:
(a) between one or more employers or associations of employers and one or more employees or associations of employees;
(b) between one or more employers or associations of employers and one or more employers or associations of employers; or
(c) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a labor dispute of persons participating or interested in it.
(1) No employee of any employer whose employees are on strike or lockout for any reason shall be deputized for any purpose arising from or in connection with such strike by any sheriff, chief of police, town marshal, officer of the highway patrol, or any other peace officer during the time such strike or lockout exists.
(2) Any person who violates the provisions of this section is guilty of a class B misdemeanor.
Each of the following undertakings or promises hereafter made, whether written or oral, express or implied, between any employee or prospective employee and the employee's or prospective employee's employer, prospective employer, or any other individual, firm, company, association, or corporation, is contrary to public policy and may not be a basis for the granting of legal or equitable relief by any court against a party to the undertaking or promise, or against any other person who may advise, urge, or induce, without fraud, violence or threat of violence, either party to act in disregard of the undertaking or promise:
(1) an undertaking or promise by either party to join or to remain a member of some specific labor organization or organizations or to join or remain a member of some specific employer organization or any employer organization or organizations;
(2) an undertaking or promise by either party to not join or not remain a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations; or
(3) an undertaking or promise by either party to withdraw from an employment relation in the event that the party joins or remains a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations.
The public policy of the state as to employment relations and collective bargaining in the furtherance of which this chapter is enacted, is declared to be as follows:
(1) It recognizes that there are three major interests involved, namely: that of the public, the employee, and the employer. These three interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.
(2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers and farmer cooperatives, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted in the conduct of their controversy to intrude directly into the primary rights of third parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.
(3) Negotiation of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.
(4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious and impartial tribunal by which these interests may have their respective rights and obligations adjudicated.
As used in this chapter:
(1) "Affecting commerce" means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce within the state.
(2) "Commerce" means trade, traffic, commerce, transportation, or communication within the state.
(3) "Election" means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this chapter and includes elections conducted by the board or by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties.
(4)
(a) "Employee" includes any employee unless this chapter explicitly states otherwise, and includes an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment.
(b) "Employee" does not include an individual employed as an agricultural laborer, or in the domestic service of a family or person at his home, or an individual employed by his parent or spouse.
(5) "Employer" includes a person acting in the interest of an employer, directly or indirectly, but does not include:
(a) the United States;
(b) a state or political subdivision of a state;
(c) a person subject to the federal Railway Labor Act;
(d) a labor organization, other than when acting as an employer;
(e) a corporation or association operating a hospital if no part of the net earnings inures to the benefit of any private shareholder or individual; or
(f) anyone acting in the capacity of officer or agent of a labor organization.
(6) "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec.105, of the federal government.
(7) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(8) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(9) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(10) "Labor dispute" means any controversy between an employer and the majority of the employer's employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives.
(11) "Labor organization" means an organization of any kind or any agency or employee representation committee or plan in which employees participate that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
(12) "Person" includes an individual, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver.
(13) "Representative" includes an individual or labor organization.
(14) "Secondary boycott" includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:
(a) withholding patronage, labor, or other beneficial business intercourse;
(b) picketing;
(c) refusing to handle, install, use, or work on particular materials, equipment, or supplies; or
(d) by any other unlawful means, in order to bring him against his will into a concerted plan to coerce or inflict damage upon another.
(15) "Unfair labor practice" means any unfair labor practice listed in Section 34-20-8.
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; and such employees shall also have the right to refrain from any or all of such activities.
(1) It shall be an unfair labor practice for an employer, individually or in concert with others:
(a) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section 34-20-7.
(b) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it, provided that an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.
(c) By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization; provided, that nothing in this act shall preclude an employer from making an agreement with a labor organization (not established, maintained or assisted by any action defined in this act as an unfair labor practice) to require as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Subsection 34-20-9(1) in the appropriate collective bargaining unit covered by such agreement when made.
(d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit.
(e) To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit.
(f) To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under this chapter.
(2) It shall be an unfair labor practice for an employee individually or in concert with others:
(a) To coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed in Section 34-20-7, or to intimidate the employee's family, picket the employee's domicile, or injure the person or property of the employee or the employee's family.
(b) To coerce, intimidate or induce an employer to interfere with any of the employer's employees in the enjoyment of their legal rights, including those guaranteed in Section 34-20-7, or to engage in any practice with regard to the employer's employees which would constitute an unfair labor practice if undertaken by the employer on the employer's own initiative.
(c) To co-operate in engaging in, promoting, or inducing picketing (not constituting an exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike.
(d) To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance.
(e) To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation, force, coercion, or sabotage, the obtaining, use or disposition of materials, equipment, or services; or to combine or conspire to hinder or prevent the obtaining, use or disposition of materials, equipment or services, provided, however, that nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft.
(f) To take unauthorized possession of property of the employer.
(3) It shall be an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by Subsections (1) and (2) of this section.
(1) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for those purposes shall be the exclusive representatives of all the employees in that unit for the purposes of collective bargaining in respect to rate of pay, wages, hours of employment, and of other conditions of employment.
(2) Any individual employee or group of employees may present grievances to their employer at any time.
This chapter does not interfere with, impede, or diminish in any way the right to strike.
(1) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(2)
(a) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee; or
(ii) a franchisee's employee.
(b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (2) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
This chapter is known as the "Utah Fire Fighters' Negotiations Act."
As used in this chapter:
(1) "Fire fighters" means the full-time, salaried, members of any regularly constituted fire department in any city, town, or county.
(2) "Corporate authorities" means the council, commission, or other governing body of any city, town, or county which fixes hours, wages, salaries, and other conditions of employment.
Fire fighters have the right to bargain collectively about wages, hours, and other conditions of employment with corporate authorities and to be represented in such negotiations by a bargaining representative chosen by such fire fighters.
The organization selected by a majority of fire fighters in an appropriate bargaining unit shall act as the exclusive bargaining representative for all members of the department until recognition of such bargaining representative is withdrawn by a vote of a majority of the fire fighters in the department. No negotiating team of the established bargaining unit is appropriate which includes any fire chief, assistant chief, battalion or deputy chief, captain or lieutenant.
It is the duty of any corporate authority to meet and collectively bargain in good faith with the bargaining representative within 10 days after receipt of written notice from such representative that it represents a majority of the employees in the bargaining unit. No collective bargaining agreement shall be executed for a period of more than two years. Each bargaining agreement shall contain a no-strike clause.
Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city, town, or county are included as a matter of collective bargaining conducted under this chapter, it is the obligation of the bargaining representative to serve written notice of request for collective bargaining on the corporate authorities at least 120 days before the last day on which funds can be appropriated to cover the contract period which is the subject of collective bargaining.
If the bargaining representative and the corporate authorities are unable to reach an agreement within 30 days after negotiations, all unresolved issues shall be submitted to arbitration.
If no agreement is reached within the period prescribed by Section 34-20a-7, each party within five days after the expiration of such period shall name one individual to serve as an arbitrator. Each party shall furnish written notification of the name and address of its arbitrator. The two arbitrators within 10 days after their selection shall make application to the Federal Mediation and Conciliation Service for a list of seven names from which they shall name the third arbitrator who shall serve as chairman of the arbitration panel. The third arbitrator shall be chosen within five days after receipt of the list of arbitrators from the Federal Mediation and Conciliation Service with each party alternately striking one name until six names are stricken. The remaining unstricken name shall serve as the third member of the arbitration panel. Formal arbitration shall commence within four days after selection of the third arbitrator.
The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute except in salary or wage matters which shall be considered advisory only. Each party shall pay one-half of the expense of arbitration.
It is a policy of the state of Utah to encourage the growth and development of minors through providing opportunities for work and for related work learning experience while at the same time adopting reasonable safeguards for their health, safety, and education.
When this chapter, or any part or section of it, is interpreted by a court, it shall be liberally construed by that court.
As used in this chapter:
(1) "Calendar week" means a period of any seven consecutive calendar days.
(2) "Casual work" is employment on an incidental, occasional, or nonregular basis which is not considered full-time or routine.
(3) "Commission" means the Labor Commission.
(4) "Division" means the Division of Antidiscrimination and Labor in the commission.
(5) "Hazardous agricultural occupation" means any occupation defined as hazardous by the United States Department of Labor under 29 C.F.R. Sec. 570.71, subject to the exception described in 29 C.F.R. Sec. 570.70(b) and the exemptions described in 29 C.F.R. Sec. 570.72.
(6) "Hazardous occupation" is any occupation defined as hazardous by the United States Department of Labor under 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act.
(7) "Labor Day" means the legal holiday called Labor Day established in Section 63G-1-301.
(8) "Minor" means an individual under 18 years old.
(9) "Minor's school district" means the public school district in which a minor resides while the minor is employed.
(10) "School day" means any calendar day in which students are required to attend school, including a partial day, in a minor's school district.
(11) "School week" means any calendar week in which students are required to attend school, including a partial day, in a minor's school district.
(1) The commission shall ascertain and establish the hours and the conditions of labor and employment for any occupation in which minors are employed.
(2) The commission may promulgate rules consistent with this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
A minor may not be employed or permitted to work in any hazardous occupation except as authorized by the division in writing when the minor is under careful supervision in connection with or following completion of an apprentice program, vocational training, or rehabilitation program as approved by the division.
(1) A minor under 16 years old may not be employed or permitted to work during school hours except as authorized by the proper school authorities.
(2) Except as provided in the exemptions described in 29 U.S.C. Sec. 213 and the exceptions described in 29 C.F.R. Sec. 570.35:
(a) a minor under 16 years old may not be permitted to work:
(i) more than three hours in one school day;
(ii) more than 18 hours in one school week;
(iii) more than eight hours in one calendar day;
(iv) more than 40 hours in one calendar week; or
(v) except as provided in Subsection (2)(b), before 7:00 a.m. or after 7:00 p.m.
(b) beginning on June 1 and ending on Labor Day, a minor under 16 years old may work until, but not after, 9:00 p.m.
Minors 16 years of age or older may work:
(1) in all occupations not declared hazardous; and
(2) in occupations which involve the use of motor vehicles if the minor is licensed to operate the motor vehicle for employment purposes under state law.
(1) Minors 14 years old or older may work in a wide variety of nonhazardous occupations including:
(a) retail food services;
(b) automobile service stations, except for the operation of motor vehicles and the use of hoists;
(c) janitorial and custodial service;
(d) lawn care;
(e) the use of approved types of vacuum cleaners, floor polishers, lawn mowers, and sidewalk snow removal equipment; and
(f) other similar work as approved by the division.
(2) Minors 14 years old or older may also work in nonhazardous areas in manufacturing, warehousing and storage, construction, and other such areas not determined harmful by the division.
Minors 12 years old or older may work in occupations such as:
(1) delivery of newspapers to consumers;
(2) baby-sitting;
(3) agricultural occupations that are not hazardous agricultural occupations; and
(4) any other occupation not determined harmful by the division.
Minors 10 years old or older may work in occupations such as:
(1) delivery of newspapers to consumers;
(2) caddying; and
(3) any occupation not determined harmful by the division.
With consent of the minor's parent, guardian, or custodian, no specific age limitations or restrictions are imposed and the restrictions described in Section 34-23-202 do not apply for:
(1) home chores and other work done for parent or guardian;
(2) any casual work not determined harmful by the division;
(3) an agricultural occupation that is not a hazardous agricultural occupation;
(4) acting or performing in:
(a) a motion picture;
(b) a theatrical production;
(c) a performing arts production;
(d) a radio broadcast; or
(e) a television production; or
(5) work for which a specific, written authorization has been made by the division.
The provisions of this chapter do not apply to a person who is 16 years of age or older and for whom employment would not endanger the person's health and safety if that person:
(1) has received a high school diploma;
(2) has received a school release certificate;
(3) is legally married; or
(4) is head of a household.
(1) All public and private schools and school districts within the state shall cooperate with employers or prospective employers by issuing age certificates or lists of students or recent students showing their dates of birth according to school records.
(2) Such age certificates do not relieve employers of full responsibility for complying with all laws and rules pertaining to the employment of minors.
The commission may establish minimum hourly wages for minors. If there is an established minimum hourly wage for adults, the minimum hourly wages for minors may be established at a lesser amount.
(1)
(a) Repeated violation of Section 34-23-301 is a class B misdemeanor.
(b) "Repeated violation" does not include separate violations as to individual employees arising out of the same investigation or enforcement action.
(2) Upon the third violation of Section 34-23-301 by the same employer within a three-year period, the commission may prosecute a criminal action in the name of the state.
(3) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.
(1) In addition to the administrative action authorized by Section 34-23-401, and criminal actions authorized by Sections 34-23-302 and 34-23-402, a minor employee may bring a civil action to enforce the minor employee's right to a minimum wage under Section 34-23-301.
(2)
(a) An aggrieved minor employee is entitled to injunctive relief and may recover the difference between the wage paid and the minimum wage, plus interest.
(b) The court may award court costs and attorney fees to the prevailing party.
(3) An action brought under this section shall be brought within two years of the alleged violation.
(1) The director of the division or the director's designee shall have authority to enter and inspect any place or establishment covered by this chapter and to have access to such records as may aid in the enforcement of this chapter.
(2) The division may investigate any complaint under this chapter and may commence an administrative proceeding with a penalty of up to $500 per violation. Administrative proceedings conducted under this section shall be consistent with Title 63G, Chapter 4, Administrative Procedures Act.
(1)
(a) The commission may prosecute a misdemeanor criminal action in the name of the state.
(b) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.
(2) A person, whether individually or as an officer, agent, or employee of any person, firm, or corporation, violates this section by:
(a) knowingly employing a minor or permitting a minor to work in a repeated violation of this chapter;
(b) refusing or knowingly neglecting to furnish to the commission, any information requested by the commission under this chapter;
(c) refusing access to that person's place of business or employment to the commission or the commission's authorized representative when access has been requested in conjunction with an investigation related to this section;
(d) hindering the commission or the commission's authorized representative in the securing of any information authorized by this section;
(e) refusing or knowingly omitting or neglecting to keep any of the records required by this chapter;
(f) knowingly making a false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter;
(g) discharging an employee or threatening to or retaliating against an employee because:
(i) the employee has testified;
(ii) is about to testify; or
(iii) the employer believes that the employee may testify in an investigation or proceeding relative to the enforcement of this chapter; or
(h) willfully violating an order issued under this chapter.
(3)
(a) Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) is a class B misdemeanor.
(b) A violation of Subsection (2) is a class A misdemeanor if the person has previously been convicted of a violation of Subsection (2).
(c) A violation of Subsection (2) is a third degree felony if the person has previously been convicted of a violation of Subsection (2) two or more times.
(4)
(a) If the commission has reasonable suspicion that a person under investigation for a violation of this section may have committed other criminal acts, the commission shall report the commission's observations to the State Bureau of Investigation.
(b) The State Bureau of Investigation may:
(i) investigate a reported violation described in Subsection (4)(a); or
(ii) forward a reported violation described in Subsection (4)(a) to a law enforcement or a state agency with jurisdiction over the reported violation.
(c) The commission shall share any information relating to an offense described in this section with law enforcement.
(5) This section does not apply to a violation of Section 34-23-301.
As used in this part:
(1)
(a) "Administrative cost" means a reasonable cost that a content creator incurs when making social media content.
(b) "Administrative cost" includes:
(i) an expense directly related to the production of social media content; and
(ii) a social media service fee.
(c) "Administrative cost" does not mean any income a content creator pays to the content creator.
(2) "Compensated content" means paid minutes that feature a qualifying minor's personal content.
(3)
(a) "Content creator" means an individual who produces social media content.
(b) "Content creator" does not include a minor who is the sole producer of the minor's own social media content.
(4) "Content share" means a determination, that a content creator makes on the first of each calendar month, of the percentage of minutes of a content creator's social media content that:
(a) were published in the calendar month immediately before the day on which the content creator makes the determination; and
(b) feature the personal content of an individual other than the content creator.
(5) "Emotional harm or substantial embarrassment" means psychological or emotional distress a reasonable, similarly situated individual would feel resulting from the individual's personal content appearing in a content creator's social media content.
(6) "Income from social media" means the income a content creator receives from creating social media content after the content creator makes reasonable deductions for administrative costs.
(7) "Market value compensated minor" means a minor who:
(a) in a calendar year, has an average monthly content share of at least 30% of a content creator's content;
(b) is featured in social media content where the content creator:
(i) received income from social media of at least $150,000 in a calendar year; and
(ii) is the parent or guardian of the minor;
(c) receives compensation for appearing in a content creator's content that is substantially equivalent to the compensation that similarly situated represented minors would receive;
(d) is not represented in negotiations relating to the minor's appearance in the content creator's content; and
(e) is not a qualified minor or a represented minor.
(8) "Minor" means an individual who is under 18 years old.
(9) "Minor content earnings" means any portion of income from social media that resulted from paid minutes featuring a qualifying minor.
(10) "Paid minutes" means the total number of minutes of social media content that generates income from social media.
(11)
(a) "Performer" means an individual who, either directly or through a third-party:
(i) renders artistic or creative services in a motion picture, theater, radio, television production, or social media content in exchange for compensation under an employment contract;
(ii) agrees to sell, lease, license, transfer, exchange, or otherwise dispose of for the purpose of use in motion pictures or theatrical, radio, or television productions:
(A) literary, musical, artistic, or dramatic properties;
(B) the use of the individual's name, likeness, recording, or performance; or
(C) the story of or the incidents in the life of the individual; or
(iii) appears in social media content as a market value compensated minor.
(b) "Performer" includes an individual who engages in an activity described in Subsection (11)(a)(i) or (ii) as:
(i) an actor or actress;
(ii) a dancer;
(iii) a musician;
(iv) a stunt double;
(v) a writer;
(vi) a director;
(vii) a producer;
(viii) a choreographer;
(ix) a composer;
(x) a conductor;
(xi) a designer; or
(xii) a represented minor.
(12) "Personal content" means social media content that features an individual's name, likeness, or photograph, or for which an individual is the subject of an oral narrative.
(13) "Qualifying minor" means a minor who:
(a) a content creator determines on January 1 of each year, that in the immediately preceding calendar year:
(i) had an average monthly content share of at least 30% of a content creator's content; and
(ii) was featured in social media content where the content creator received income from social media of at least $150,000 in a calendar year; and
(b) is not a represented minor or a market value compensated minor.
(14) "Represented minor" means a minor:
(a) who in a calendar year, has an average monthly content share of at least 30% of a content creator's content;
(b) who is featured in social media content where the content creator received income from social media of at least $150,000 in a calendar year;
(c)
(i) who is represented by a parent, guardian, attorney, or other individual with a fiduciary duty to the minor and who is not the content creator in negotiations relating to a minor's appearance in a content creator's social media content; and
(ii) whose parent, guardian, attorney, or other individual with a fiduciary duty to the minor enters into an employment agreement with the content creator.
(15) "Social media company" means the same as that term is defined in Section 13-71-101.
(16) "Social media content" means video content shared on a social media service that meets the social media service's threshold for the generation of income from social media.
(17) "Social media service" means the same as that term is defined in Section 13-71-101.
(1) As used in this section, "employer," as that term relates to a market value compensated minor, means the market value compensated minor's parent or guardian.
(2) On or before January 30 of a calendar year, if in the preceding calendar year a performer earned income of $20,000 or more, the performer's parent or guardian shall:
(a) establish a trust for the benefit of the performer in accordance with Title 75A, Chapter 8, Uniform Transfer to Minors; and
(b) unless the performer is a market value compensated minor, notify the performer's employer of the existence of the trust and any additional information required for the employer to transfer gross earnings to the trust.
(3)
(a) Subject to Subsection (3)(b), the performer's parent or guardian may serve as the trustee of the trust.
(b) If the average monthly balance of the trust exceeds $250,000 for a consecutive period of at least six months:
(i) the trustee of the trust shall petition a court to appoint a trustee to replace the trustee; and
(ii) after receiving a petition under Subsection (3)(b)(i), a court shall appoint a new trustee to replace the trustee.
(c) A performer's parent or guardian may not access the funds in the trust.
(d) A beneficiary of a trust established under this section may access the funds in the trust beginning the day on which the beneficiary turns 18 years old.
(4) The performer's employer shall transfer 15% of the performer's gross earnings into the trust:
(a) no later than 30 days after the day on which the minor's employment terminates if the minor's term of employment is 30 days or fewer; or
(b) on the same date that the employer makes payments in accordance with the employer's regular pay period, if the performer's term of employment is more than 30 days.
(5) The performer's employer shall make the transfer described in Subsection (4) in accordance with Title 75A, Chapter 8, Uniform Transfer to Minors.
(6) After the performer's employer completes the transfer described in Subsection (4), the performer's employer has no further obligations under this section.
(7) Notwithstanding any other statute of limitation or repose that may be applicable to an action described in this section, an individual, for up to five years after the day on which the individual turns 18 years old, has a right of action against:
(a) an employer if the employer fails to transfer funds to the individual's trust as required under this section;
(b) an individual's parent or guardian if the individual's parent or guardian fails to:
(i) establish a trust as required under this section; or
(ii) notify the individual's employer of the existence of the trust as required under this section; and
(c) the trustee of the individual's trust, if the trustee failed to appoint a trust company to serve as trustee of the trust as required under this section.
(8) If an individual brings a cause of action under Subsection (7), a court may award:
(a) actual damages;
(b) punitive damages;
(c) any other remedy provided by law; and
(d) reasonable costs and attorney fees.
(1) A content creator that produces social media content featuring a qualifying minor shall maintain a monthly record of:
(a) income from social media;
(b) the qualifying minor's name and documentation of the qualifying minor's age;
(c) paid minutes;
(d) minor content earnings;
(e) compensated content; and
(f) the funds transferred into a trust for the benefit of a qualifying minor, as described in Subsection (5).
(2) The content creator shall:
(a) retain the records described in Subsection (1) for at least two years after the day on which the content creator creates the records;
(b) provide notice to the qualifying minor of the existence of the records; and
(c) make the records readily available to the minor for review upon request from the qualifying minor.
(3)
(a) If any portion of a content creator's social media content contains a minor, on January 1 of each year, the content creator shall make a determination as to whether the minor is a qualifying minor.
(b) If a content creator determines that a minor is a qualifying minor, the content creator shall inform the qualifying minor's parent or guardian, in writing and within 15 business days:
(i) that the minor is a qualifying minor; and
(ii) of any compensation the content creator shall pay to the qualifying minor in accordance with Subsection (5).
(c) Within 15 days after the day on which the content creator informs the qualifying minor's parent or guardian as described in Subsection (3)(b), the parent or guardian of the qualifying minor shall, if the total amount of compensation described in Subsection (3)(b)(ii) equals or exceeds $20,000:
(i) establish a trust for the benefit of the qualifying minor in accordance with Title 75A, Chapter 8, Uniform Transfer to Minors;
(ii) notify the content creator of the existence of the trust; and
(iii) provide any additional information required for the content creator to make transfers of gross earnings into the trust.
(d) If the parent or guardian of the qualifying minor is the content creator, the requirement to notify the qualifying minor's parent or guardian described in Subsections (3)(b) and (3)(c) does not apply.
(4)
(a) The qualifying minor's parent or guardian may serve as the trustee of the trust.
(b) If the average monthly balance of the trust exceeds $250,000 for a consecutive period of at least six months:
(i) the trustee of the trust shall petition a court to appoint a trustee to replace the trustee; and
(ii) after receiving a petition under Subsection (4)(c)(i), a court shall appoint a new trustee to replace the trustee.
(c) The qualifying minor's parent or guardian may not access the funds in the trust.
(d) A beneficiary of a trust established under this section may access the funds in the trust beginning the day on which the beneficiary turns 18 years old.
(5)
(a) If a content creator's content had minor content earnings in the previous month, a content creator shall use the formula E = (A/T) * (Q/S) * (M/2) or the formula E = (A/T) * (1/X) * (M/2) to determine the qualifying minor's earnings to transfer to each qualifying minor where:
(i) E = a qualifying minor's earnings;
(ii) A = all paid minutes featuring any qualifying minor;
(iii) T = total paid minutes;
(iv) Q = paid minutes featuring the qualifying minor;
(v) S = the sum of paid minutes for all qualifying minors;
(vi) M = the preceding month's income from social media; and
(vii) X = the total number of qualifying minors; and
(b)
(i) subject to Subsection (5)(b)(ii), transfer the minor's earnings described in Subsection (5)(a)(i) directly to the qualifying minor; or
(ii) after the qualifying minor's parent or guardian establishes a trust as described in Subsection (3)(c), transfer the qualifying minor's earnings calculated to each qualifying minor's trust.
(6)
(a) The content creator shall make a transfer described in Subsection (5) in accordance with Title 75A, Chapter 8, Uniform Transfer to Minors.
(b) The content creator shall make the calculations and the transfers described in Subsection (5) before the end of the month following the month in which the content creator received minor content earnings.
(7)
(a) A content creator may petition a court for an exception to Subsection (5) if:
(i) the content creator shows complying with Subsection (5) causes undue hardship;
(ii) the content creator provides an alternative plan to distribute compensation to a qualifying minor; and
(iii) the content creator commits to establishing an alternative trust that complies with the requirements of this section.
(b) A court shall issue an order granting an exception to Subsection (5) if the court determines:
(i) the content creator adequately shows that complying with Subsection (5) causes undue hardship; and
(ii) the alternative plan described in Subsection (7)(a)(ii) is in the best interest of the qualifying minor.
(8) Notwithstanding any other statute of limitation or repose that may be applicable to an action described in this section, an individual, for up to five years after the day on which the individual turns 18 years old, has a right of action:
(a) against:
(i) a content creator if the content creator fails to transfer funds to the individual's trust during the time the individual was a qualifying minor as required under this section;
(ii) a trustee if the trustee fails to appoint a trust company to serve as the trustee as required under this section; and
(iii) an individual's parent or guardian, if the parent or guardian fails to:
(A) establish a trust as required under this section; or
(B) notify the content creator of the existence of the trust as required under this section; and
(b) only if a court did not issue an order granting an exception as described in Subsection (7)(b).
(9) If an individual brings a cause of action under Subsection (8), a court may award:
(a) actual damages;
(b) punitive damages;
(c) any other remedy provided by law; and
(d) reasonable costs and attorney fees.
(10) A minor that creates, produces, or publishes the minor's own social media content is entitled to all compensation resulting from the social media content.
(11) The provisions of this section supersede any agreement related to venue, arbitration, or mediation in a contract entered into after May 7, 2025, between a qualifying minor and a content creator.
(1) An individual, who is at least 18 years old, may request that a content creator delete or edit any social media content that the content creator posted featuring the individual as a qualifying minor or a market value compensated minor by making a request to a social media company.
(2) The social media company may verify the age of the individual when the individual submits the request to delete or edit the content creator's post featuring the individual as a qualifying minor or market value compensated minor.
(3) A social media company shall provide a readily apparent process for an individual described in Subsection (1) to submit a request for a content creator to:
(a) delete the post from the social media platform; or
(b) edit posts to remove the individual's personal content.
(4) An individual submitting a request under this section shall include all information reasonably requested by the social media company to identify the individual and the social media content featuring the individual as a qualifying minor or a market value compensated minor that the individual requests to delete or edit.
(5) Upon receiving a request described in Subsection (1), a social media company shall inform the content creator of the request within three business days after the day on which the social media company receives the request.
(6)
(a) Within ten business days after the day on which the content creator receives the notice described in Subsection (5), the content creator shall:
(i) delete or edit the social media content described in the request; or
(ii) notify the social media company of:
(A) the content creator's decision to not delete or edit the social media content; and
(B) the content creator's reason for not deleting or editing the social media content.
(b) The social media company shall inform the individual making the request of the content creator's decision under Subsection (6)(a) within three business days after the day on which the social media company receives notification from the content creator.
(7)
(a) Subject to Subsection (7)(d), an individual who was a qualifying minor or a market value compensated minor has a right of action under this section against the content creator if the content creator does not edit or delete social media content that features the individual after a request described in Subsection (1).
(b) If an individual brings an action in accordance with Subsection (7)(a), a court shall consider:
(i) any emotional harm or substantial embarrassment the social media content causes the individual;
(ii) the interests of the content creator in the social media content; and
(iii) the public interest served by the social media content.
(c) If the court issues an order requiring the content creator to delete the social media content that is the subject of the individual's request, the court shall award the individual:
(i) if the content creator's social media content featured the individual as a qualifying minor:
(A) actual damages; and
(B) reasonable costs and attorney fees; or
(ii) if the content creator's social media content featured the individual as a market value compensated minor, actual damages that occurred after the day on which the individual turned 18 years old.
(d) An individual who was a market value compensated minor may bring an action under this Subsection (7) for up to the later of:
(i) three years after the day on which the individual turns 18 years old; or
(ii) three years after the day on which the individual knew or should have known that the social media content inflicted emotional harm or substantial embarrassment.
(8) The provisions of this section supersede any agreement related to venue, arbitration, or mediation in a contract entered into after May 7, 2025, between an individual petitioning a court to edit or delete the social media content and a social media service.
All persons engaged in the service of any person and entrusted by such employer with authority of superintendence, control or command of other persons in the employ or service of such employer, or with authority to direct any other employee in the performance of any duties of such employee, are vice-principals of such employer, and are not fellow servants.
All persons who are engaged in the service of any employer and who while so engaged are in the same grade of service and are working together at the same time and place and to a common purpose, neither of such persons being entrusted by such employer with any superintendence or control over the person's fellow employees, are fellow servants with each other; but nothing herein contained shall be so construed as to make the employees of such employer fellow servants with other employees engaged in any other department of service of such employer. Employees who do not come within the provisions of this section may not be considered fellow servants.
If any property of any person is seized through any process of any court, or when a person's business is suspended by the act of creditors or is put into the hands of a receiver, assignee, or trustee, either by voluntary or involuntary action, the amount owing to workmen, clerks, traveling or city salesmen, or servants, for work or labor performed within five months next preceding the seizure or transfer of the property shall be considered and treated as preferred debts, and the workmen, clerks, traveling and city salesmen, and servants shall be preferred creditors, the first to be paid in full. If there are not sufficient proceeds to pay them in full, then the proceeds shall be paid to them pro rata, after paying costs. No officer, director, or general manager of a corporation employer or any member of an association employer or partner of a partnership employer is entitled to this preference.
Any such employee, laborer or servant desiring to enforce a claim for wages under this chapter shall present a statement under oath to the officer, person or court charged with such property within 10 days after the seizure of it on any process, or within 30 days after the same may have been placed in the hands of any receiver, assignee or trustee, showing the amount due after allowing all just credits and setoffs, the kind of work for which such wages are due and when performed. Any person with whom any such claim shall have been filed shall give immediate notice thereof by mail to all persons interested, and, if the claim is not contested as provided in Section 34-26-3, it shall be the duty of the person or the court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized.
Any person interested may within 10 days after the notice of presentment of said statement contest such claims, or any part of them, by filing exceptions to them supported by affidavit with the officer or court having the custody of such property, and thereupon the claimant shall be required to reduce the claimant's claim to judgment in some court having jurisdiction before any part thereof shall be paid. The person contesting shall be made a party defendant in any such action and shall have the right to contest such claim, and the prevailing party shall recover proper costs.
Whenever used in this chapter, "wages" shall mean all amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount.
Whenever a mechanic, artisan, miner, laborer, servant, or other employee shall have cause to bring suit for wages earned and due according to the terms of that individual's employment and shall establish by the decision of the court that the amount for which the plaintiff has brought suit is justly due, and that a demand has been made in writing at least 15 days before suit was brought for a sum not to exceed the amount so found due, then it shall be the duty of the court before which the case shall be tried to allow to the plaintiff a reasonable attorneys' fee in addition to the amount found due for wages, to be taxed as costs of suit.
None of the provisions of this chapter shall apply to the state, or to any county, incorporated city or town, or other political subdivision, or to employers and employees engaged in farm, dairy, agricultural, viticultural or horticultural pursuits or to stock or poultry raising, or to household domestic service, or to any other employment where an agreement exists between employer and employee providing for different terms of payment, except the provisions of Section 34-28-5 shall apply to employers or employees engaged in farm, dairy, agricultural, viticultural, horticultural or stock or poultry raising.
(1) As used in this chapter:
(a) "Commission" means the Labor Commission.
(b) "Division" means the Division of Antidiscrimination and Labor.
(c)
(i) "Employer" means the same as that term is defined in 29 U.S.C. Sec. 203.
(ii) "Employer" does not include an individual who is not:
(A) an officer;
(B) a manager of a manager-managed limited liability company;
(C) a member of a member-managed limited liability company;
(D) a general partner of a limited partnership; or
(E) a partner of a partnership.
(d) "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
(e) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(f) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(g) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(h) "Unincorporated entity" means an entity organized or doing business in the state that is not:
(i) an individual;
(ii) a corporation; or
(iii) publicly traded.
(i) "Wages" means the amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount.
(2)
(a) For purposes of this chapter, an unincorporated entity that is required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to be the employer of each individual who, directly or indirectly, holds an ownership interest in the unincorporated entity.
(b) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption under Subsection (2)(a) for an individual by establishing by clear and convincing evidence that the individual:
(i) is an active manager of the unincorporated entity;
(ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated entity; or
(iii) is not subject to supervision or control in the performance of work by:
(A) the unincorporated entity; or
(B) a person with whom the unincorporated entity contracts.
(c) As part of the rules made under Subsection (2)(b), the commission may define:
(i) "active manager";
(ii) "directly or indirectly holds at least an 8% ownership interest"; and
(iii) "subject to supervision or control in the performance of work."
(d) The commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may establish a procedure, consistent with Section 34-28-7, under which an unincorporated entity may seek approval of a mutual agreement to pay wages on non-regular paydays.
(3) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(4)
(a) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee; or
(ii) a franchisee's employee.
(b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (4) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
(1)
(a) An employer shall pay the wages earned by an employee at regular intervals, but in periods no longer than semimonthly on days to be designated in advance by the employer as the regular payday.
(b) An employer shall pay for services rendered during a pay period within 10 days after the close of that pay period.
(c) If a payday falls on a Saturday, Sunday, or legal holiday, an employer shall pay wages earned during the pay period on the day preceding the Saturday, Sunday, or legal holiday.
(d) If an employer hires an employee on a yearly salary basis, the employer may pay the employee on a monthly basis by paying on or before the seventh of the month following the month for which services are rendered.
(e) Wages shall be paid in full to an employee:
(i) in lawful money of the United States;
(ii) by a check or draft on a depository institution, as defined in Section 7-1-103, that is convertible into cash on demand at full face value; or
(iii) by electronic transfer to the depository institution designated by the employee.
(2) An employer may not issue in payment of wages due or as an advance on wages to be earned for services performed or to be performed within this state an order, check, or draft unless:
(a) it is negotiable and payable in cash, on demand, without discount, at a depository institution; and
(b) the name and address of the depository institution appears on the instrument.
(3)
(a) Except as provided in Subsection (3)(b), an employee may refuse to have the employee's wages deposited by electronic transfer under Subsection (1)(e)(iii) by filing a written request with the employer.
(b) An employee may not refuse to have the employee's wages deposited by electronic transfer under Subsection (3)(a) if:
(i) for the calendar year preceding the pay period for which the employee is being paid, the employer's federal employment tax deposits are equal to or in excess of $250,000; and
(ii) at least two-thirds of the employees of the employer have their wages deposited by electronic transfer.
(c) An employer may not designate a particular depository institution for the exclusive payment or deposit of a check or draft for wages.
(4) If a deduction is made from the wages paid, the employer shall, on each regular payday, furnish the employee with a statement showing the total amount of each deduction.
(5) An employer licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, shall:
(a) on the day on which the employer pays an employee, give the employee a written or electronic pay statement that states:
(i) the employee's name;
(ii) the employee's base rate of pay;
(iii) the dates of the pay period for which the individual is being paid;
(iv) if paid hourly, the number of hours the employee worked during the pay period;
(v) the amount of and reason for any money withheld in accordance with state or federal law, including:
(A) state and federal income tax;
(B) Social Security tax;
(C) Medicare tax; and
(D) court-ordered withholdings; and
(vi) the total amount paid to the employee for that pay period; and
(b) comply with the requirements described in Subsection (5)(a) regardless of whether the employer pays the employee by check, cash, or other means.
(6) An employer may not withhold or divert part of an employee's wages unless:
(a) the employer is required to withhold or divert the wages by:
(i) court order; or
(ii) state or federal law;
(b) the employee expressly authorizes the deduction in writing;
(c) the employer presents evidence that in the opinion of a hearing officer or an administrative law judge would warrant an offset; or
(d) subject to Subsection (8), the employer withholds or diverts the wages:
(i) as a contribution of the employee under a contract or plan that is:
(A) described in Section 401(k), 403(b), 408, 408A, or 457, Internal Revenue Code; and
(B) established by the employer; and
(ii) the contract or plan described in Subsection (6)(d)(i) provides that an employee's compensation is reduced by a specified contribution:
(A) under the contract or plan; and
(B) that is made for the employee unless the employee affirmatively elects:
(I) to not have a reduction made as a contribution by the employee under the contract or plan; or
(II) to have a different amount be contributed by the employee under the contract or plan.
(7) An employer may not require an employee to rebate, refund, offset, or return a part of the wage, salary, or compensation to be paid to the employee except as provided in Subsection (6).
(8)
(a) An employer shall notify an employee in writing of the right to make an election under Subsection (6)(d).
(b) An employee may make an election described in Subsection (6)(d) at any time by providing the employer written notice of the election.
(c) An employer shall modify or terminate the withholding or diversion described in Subsection (6)(d) beginning with a pay period that begins no later than 30 days following the day on which the employee provides the employer the written notice described in Subsection (8)(b).
(9) An employer is not prohibited from pursuing legitimate claims of damages, offsets, or recoupments in a civil action against an employee.
(1) It shall be the duty of every employer to notify the employer's employees at the time of hiring of the day and place of payment, of the rate of pay, and of any change with respect to any of these items prior to the time of the change. Alternatively, however, every employer shall have the option of giving such notification by posting these facts and keeping them posted conspicuously at or near the place of work where such posted notice can be seen by each employee as the employee comes or goes to the employee's place of work.
(2) Failure to post and to keep posted any notice or failure to give notice as prescribed in this section is a class B misdemeanor.
(1)
(a) When an employer separates an employee from the employer's payroll the unpaid wages of the employee become due immediately, and the employer shall pay the wages to the employee within 24 hours of the time of separation at the specified place of payment.
(b) An employer satisfies the 24-hour time requirement described in Subsection (1)(a) if:
(i)
(A) the employer mails the wages to the employee; and
(B) the envelope that contains the wages is postmarked with a date that is no more than one day after the day on which the employer separates the employee from the employer's payroll; or
(ii) within 24 hours after the employer separates the employee from the employer's payroll, the employer:
(A) initiates a direct deposit of the wages into the employee's account; or
(B) hand delivers the wages to the employee.
(c)
(i) In case of failure to pay wages due an employee within 24 hours of written demand, the wages of the employee shall continue from the date of demand until paid, but in no event to exceed 60 days, at the same rate that the employee received at the time of separation.
(ii) The employee may recover the penalty thus accruing to the employee in a civil action. This action shall be commenced within 60 days from the date of separation.
(iii) An employee who has not made a written demand for payment is not entitled to any penalty under this Subsection (1)(c).
(2) If an employee does not have a written contract for a definite period and resigns the employee's employment, the wages earned and unpaid together with any deposit held by the employer and properly belonging to the resigned employee for the performance of the employee's employment duties become due and payable on the next regular payday.
(3) If work ceases as the result of an industrial dispute, the wages earned and unpaid at the time of this cessation become due and payable at the next regular payday, as provided in Section 34-28-3, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of the industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.
(4) For a sales agent employed in whole or in part on a commission basis who has custody of accounts, money, or goods of the sales agent's principal, this section does not apply to the commission-based portion of the sales agent's earnings if the net amount due the agent is determined only after an audit or verification of sales, accounts, funds, or stocks.
(1) In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages that the employer concedes to be due and shall pay such amount without condition within the time set by this chapter.
(2) Acceptance by an employee of a payment described in Subsection (1) does not constitute a release as to the balance of the employee's claim.
Nothing contained in this chapter shall in any way limit or prohibit the payment of wages or compensation at more frequent intervals, or in greater amounts or in full when or before due, but no provisions of this chapter can in any way be contravened or set aside by a mutual agreement unless the agreement is approved by the division.
(1)
(a) The division shall:
(i) ensure compliance with this chapter;
(ii) investigate any alleged violations of this chapter; and
(iii) determine the validity of a claim for any violation of this chapter that is filed with the division by an employee.
(b) The commission may make rules consistent with this chapter governing wage claims and payment of wages.
(c) The minimum wage claim that the division may accept is $50.
(d) The maximum wage claim that the division may accept is $10,000.
(e) A wage claim shall be filed within one year after the day on which the wages were earned.
(2)
(a) The division may assess against an employer who fails to pay an employee in accordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee which shall be assessed daily until paid for a period not to exceed 20 days.
(b) The division shall:
(i) retain 50% of the money received from a penalty payment under Subsection (2)(a) for the costs of administering this chapter;
(ii) pay all the sums retained under Subsection (2)(b)(i) to the state treasurer; and
(iii) pay the 50% not retained under Subsection (2)(b)(i) to the employee.
(c) Subsections (2)(a) and (b) do not apply to a violation of Subsection 34-28-3(5).
(3)
(a) A person who violates Subsection 34-28-3(5) is subject to a civil fine of:
(i) $50 for the first violation within a one-year period;
(ii) $100 for the second violation within a one-year period;
(iii) $100 for the third violation within a one-year period; and
(iv) $500 for the fourth violation and each subsequent violation within a one-year period.
(b) The division shall deposit the money that the division receives under Subsection (3)(a) into the General Fund as a dedicated credit to the division to pay for the costs of administering this chapter.
(4)
(a) An abstract of any final award under this section may be filed in the office of the clerk of the district court of any county in the state. If so filed, the abstract shall be docketed in the judgment docket of that district court.
(b) The time of the receipt of the abstract shall be noted by the clerk and entered in the judgment docket.
(c) Unless the award was previously satisfied, if an abstract is filed and docketed, the award constitutes a lien upon the employer's real property that is situated in the county in which the abstract is filed for a period of eight years after the day on which the award is granted.
(d) The district court may issue an execution or a renewal on the order within the same time and in the same manner and with the same effect as if the order were a judgment issued by the district court.
(5)
(a) The commission may employ counsel, appoint a representative, or request the attorney general, or the county attorney for the county in which the final award is filed and docketed, to represent the commission on all appeals and to enforce judgments.
(b) The counsel employed by the commission, the attorney general, or the county representing the commission, shall be awarded:
(i) reasonable attorney fees, as specified by the commission; and
(ii) costs for:
(A) appeals when the plaintiff prevails; and
(B) judgment enforcement proceedings.
(6)
(a) The commission may enter into reciprocal agreements with the labor department or a corresponding agency of any other state or with the person, board, officer, or commission authorized to act on behalf of that department or agency, for the collection in any other state of claims or judgments for wages and other demands based upon claims previously assigned to the commission.
(b) The commission may, to the extent provided by any reciprocal agreement entered into under Subsection (6)(a), or by the laws of any other state, maintain actions in the courts of the other states for the collection of any claims for wages, judgments, and other demands and may assign the claims, judgments, and demands to the labor department or an agency of any other state for collection to the extent that may be permitted or provided by the laws of that state or by reciprocal agreement.
(c) The commission may maintain actions in the courts of this state upon assigned claims for wages, judgments, and demands arising in any other state in the same manner and to the same extent that the actions by the commission are authorized when arising in this state if:
(i) the labor department or a corresponding agency of any other state or of any person, board, officer, or commission of that state authorized to act on behalf of the labor department or corresponding agency requests in writing that the commission commence and maintain the action; and
(ii) the other state by legislation or reciprocal agreement extends the same comity to this state.
(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.
(1)
(a) Every employer shall keep a true and accurate record of time worked and wages paid each pay period to each employee who is employed on an hourly or a daily basis in the form required by the commission rules.
(b) The employer shall keep the records on file for at least one year after the entry of the record.
(2) An employer licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, shall retain a copy of each pay statement described in Subsection 34-28-3(5) for at least three years after the day on which the employer gives a copy of the pay statement to the employee.
(3) The director of the division or the director's designee may enter any place of employment during business hours to inspect the records described in this section and to ensure compliance with this section.
(4) Any effort of any employer to obstruct the commission in the performance of its duties is considered to be a violation of this chapter and may be punished as any other violation of this chapter.
(1) Any employer who violates or fails to comply with any of the provisions of this chapter is guilty of a class B misdemeanor.
(2) Any employer who shall refuse to pay the wages due and payable when demanded as in this chapter provided, or who shall falsely deny the amount thereof, or that the same is due, with intent to secure for the employer or any other person any discount upon such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due, or who hires additional employees without advising each of them of every wage claim due and unpaid and of every judgment that the employer has failed to satisfy, is guilty of a class B misdemeanor.
(1) The division may take assignments of wage claims, rights of actions for penalties under Section 34-28-5, mechanics' and other liens of workers and rights of action against sureties, without being bound to any of the technical rules with reference to the validity of the assignments.
(2) The division may prosecute actions for the collection of claims which are valid and enforceable in the courts. The division may join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.
(1) In all actions brought by the division as assignee under Section 34-28-13, no court costs of any nature shall be required to be advanced nor shall any bond or other security be required from the division in connection with the same.
(2) Any sheriff, constable, or other officer requested by the division to serve summons, writs, complaints, orders, including any garnishment papers, and all necessary and legal papers within his jurisdiction shall do so without requiring the division to advance the fees or furnish any security or bond.
(3) Whenever the division shall require the sheriff, constable, or other officer whose duty it is to seize property or levy thereon in any attachment proceedings to satisfy any wage claim judgment to perform any such duty, this officer shall do so without requiring the division to furnish any security or bond in the action.
(4) The officer in carrying out the provisions of this Subsection (4) is not responsible in damages for any wrongful seizure made in good faith.
(5) Whenever anyone other than the defendant claims the right of possession or ownership to such seized property, then in such case the officer may permit such claimant to have the custody of such property pending a determination of the court as to who has right of possession or ownership of such property.
(6) Any garnishee defendant shall be required to appear and make answer in any such action, as required by law, without having paid to the garnishee defendant in advance witness fees, but such witness fees shall be included as part of the taxable costs of such action. Out of any recovery on a judgment in such a suit, there shall be paid the following: first, the witness fees to the garnishee defendant; second, the wage claims involved; third, the sheriff's or constable's fees; and fourth, the court costs.
(1)
(a) An employer violates this chapter if the employer takes an action described in Subsection (1)(b) against an employee because:
(i) the employee files a complaint or testifies in a proceeding relative to the enforcement of this chapter;
(ii) the employee is going to file a complaint or testify in a proceeding relative to the enforcement of this chapter; or
(iii) the employer believes that the employee may file a complaint or testify in any proceeding relative to the enforcement of this chapter.
(b) Subsection (1)(a) applies to the following actions of an employer:
(i) the discharge of an employee;
(ii) the demotion of an employee; or
(iii) any other form of retaliation against an employee in the terms, privileges, or conditions of employment.
(2)
(a) An employee claiming to be aggrieved by an action of the employer in violation of Subsection (1) may file with the division a request for agency action.
(b) On receipt of a request for agency action under Subsection (2)(a), the division:
(i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act; and
(ii) may attempt to reach a settlement between the parties through a settlement conference.
(3) If the division determines that a violation has occurred, the division may require the employer to:
(a) cease and desist any retaliatory action;
(b) compensate the employee, which compensation may not exceed reimbursement for, and payment of, lost wages and benefits to the employee; or
(c) do both Subsections (3)(a) and (b).
(4) The division may enforce this section in accordance with Subsections 34-28-9(4) and (5).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall adopt rules, as required, to implement this section.
It is unlawful for any person to open and establish in any city or town, or elsewhere within the limits of this state, any intelligence or employment office for the purpose of procuring or obtaining for money or other valuable consideration, either directly or indirectly, any work or employment for persons seeking the same, or to otherwise engage in such business, or in any way to act as a broker or go-between between employers and persons seeking work, without first having obtained a license so to do from the city, town, or, if not within any city or town, from the county where such intelligence or employment office is to be opened or such business is to be carried on. Any person performing any of these services shall be deemed to be an employment agent within the meaning of this chapter, but the provisions of Section 34-29-10 do not apply to any person operating agencies for schoolteachers; but it is a class B misdemeanor for any schoolteachers' employment agency to receive as commission for information or assistance such as is described herein any consideration in value in excess of 5% of the amount of the first year's salary of the person to whom such information is furnished.
Every city, town and county shall by ordinance provide for the issuing of licenses as contemplated by this chapter and shall establish such rules and regulations as are not herein provided for the carrying on of the business or occupation for which such license may be issued.
Any person applying for a license under the provisions of this chapter shall make application to the board of city commissioners, city council or board of town trustees, or the county executive for the same and shall deposit with the city, town or county treasurer in advance the annual fee for such license, to be evidenced by the receipt of the city, town or county treasurer endorsed on the application. If the board of city commissioners, city council, board of town trustees, or the county executive refuses to order the issuance of such license to the party applying for the same, the sum so deposited with the city, town or county treasurer shall be refunded to the applicant for license without any further action of the governing body.
Any person licensed under the provisions of this chapter shall pay an annual license fee in such amount as may be determined by the board of city commissioners, city council, board of town trustees, or the county legislative body, and before such license shall be issued shall deposit with the city, town or county treasurer a bond in the penal sum of $1,000, with two or more sureties to be approved by the officers designated by ordinance. The bond shall be made payable to the city, town or county where such business is to be carried on and shall be conditioned that the person applying for the license will comply with this chapter and will pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit of any person, or by any other violation of this chapter, in carrying on the business for which a license is granted. If at any time in the opinion of the officers designated by ordinance to approve such bond, the sureties or any of them shall become irresponsible, the person holding such license shall, upon notice from the city, town or county treasurer, give a new bond, to be approved as hereinafter provided. Failure to give a new bond within 10 days after such notice shall operate as a revocation of such license, and the license certificate shall be immediately returned to the city, town or county treasurer, who shall destroy the same. Licenses granted under this chapter may be transferred by order of the board of city commissioners, city council, board of town trustees, or the county executive, but before such transfer shall be authorized, the applicant for the same shall deposit with the city, town or county treasurer the sum of $5, which shall be endorsed upon the application, and the person to whom such license is transferred shall also deposit such a bond as is required by the applicant for an original license as hereinbefore prescribed, to be approved in the same manner.
Upon the granting of a license by the board of city commissioners, city council, board of town trustees, or the county executive under this chapter, the city, town, or county treasurer shall within one week after payment of the license fee issue to the applicant entitled to the same a certificate setting forth the fact that such license has been granted. It shall be the duty of all persons who may obtain such license to keep the same publicly exposed to view in a conspicuous place in their offices or places of business.
Any employment agent who knowingly refers employment to any place of bad repute, house of ill fame, assignation house, or to any house or place of amusement kept for immoral purposes, is guilty of a class B misdemeanor. In addition to any other penalty, the agent's license shall be revoked.
Any employment agent who sends out any help without having previously obtained a bona fide order therefor shall, for each and every offense, be subject to the penalties provided in Section 34-29-15.
(1) It is unlawful for any employment agent to receive, directly or indirectly, any money or other valuable consideration from any person seeking employment for any information or assistance furnished or to be furnished by the agent to such person, enabling or tending to enable that person to secure employment, before the time the information or assistance is actually furnished.
(2) An employment agent who violates Subsection (1) is liable to the person from whom the money or other valuable consideration is received for an amount equal to twice the amount of money or other valuable consideration paid to the employment agent.
It shall be unlawful for an employment agent to retain, directly or indirectly, any money or other valuable consideration received for any information or assistance described in Section 34-29-1, if the person for whom such information or assistance is furnished fails through no neglect or fault of the person's own to secure the employment regarding which such information or assistance is furnished; and the money or consideration shall be by the agent forthwith returned to the payer of the same upon demand.
(1)
(a) A private employment agency shall maintain a schedule of fees to be charged and collected in the conduct of its business.
(b) A private employment agency shall post the schedule described in Subsection (1)(a) in a conspicuous place in the private employment agency.
(c) A private employment agency may change the schedule described in Subsection (1)(a), but a change is not effective until the amended schedule is posted in accordance with Subsection (1)(b).
(2) A private employment agency may not charge or collect a fee that is greater than:
(a) the fee on the schedule of fees in effect at the time the contract for employment is issued; or
(b) 25% of the amount actually earned in the employment during the first 30 days, if the employment ends during the 30-day period.
Each employment agent licensed under this chapter shall enter upon a register, to be kept for that purpose and to be known as an "employers' register," every order received from any corporation, company or individual desiring the service of any persons seeking work or employment, the name and address of the corporation, company or individual from whom such order was received, the number of persons wanted, the nature of the work or employment, the town or city (street and number, if any) where such work or employment is to be furnished and the wages to be paid.
Each employment agent shall keep a register, to be known as "labor applicants' register," which shall show the name of each person seeking work or employment to whom information or assistance is furnished and the amount of the commission received in each such case therefor; the name of each person who, having received and paid for any information or assistance described in Section 34-29-1, fails to secure the employment regarding which such information or assistance is furnished, together with the reason why such employment was not by such person secured, and the name of each to whom return is made in accordance with the provisions of Section 34-29-9 of any money or other consideration under Section 34-29-9, together with the amount or the value of consideration thus returned. The registers required by Section 34-29-11 and by this section shall be open at all reasonable hours to the inspection of any peace officer of this state.
Every person securing information or intelligence from an employment agent relative to hiring or engagement to work for others as provided in Section 34-29-1 shall be furnished a written copy, in duplicate, of the terms of such hiring or engagement, by the employment agent, showing the amount of commissions or fees paid to such employment agent, the kind of service to be performed, the rate of wages or compensation, the length of time, if definite, and if indefinite, so stated, of such service, with full name and address of the person authorizing the hiring of such person. One of these copies shall be delivered to the person for whom the labor is to be performed and the other shall be retained by the person furnished with the information or intelligence; and the agent issuing the written copy of the conditions of service or employment shall make and keep in a book provided for the purpose a third copy of the same. Any person engaged in the business of keeping an employment office who fails to observe the provisions of this section shall be subject to the penalties provided in Section 34-29-15.
Any employment agent sending out help to contractors or other employers of help and dividing the fees allowed under this chapter with subcontractors and employers of help, or their foremen or anyone in their employ, shall be subject to the penalties provided in Section 34-29-15.
(1) If a person engaged in the business of employment or intelligence agent or broker licensed under this chapter does the following, that person is liable under Subsection (2):
(a) gives any false information or makes any misstatement or any false promises concerning any work, employment, or occupation;
(b) fails to keep the registers as prescribed in Sections 34-29-11 and 34-29-12;
(c) willfully makes any false entries in a register under Section 34-29-11 or 34-29-12; or
(d) violates any other provision of this chapter.
(2) If a person violates Subsection (1) and no penalty is otherwise provided in this chapter, the person shall for each and every offense be fined in any sum not exceeding $200, and in the discretion of the trial court, the person's license may be revoked.
Any action brought in any court against any employment or intelligence agent upon the bond deposited with the city, town or county treasurer by this employment or intelligence agent as provided in Section 34-29-4 may be brought in the name of the party injured.
Nothing contained in this chapter shall be construed so as to require any religious or charitable association which may assist in procuring situations or employment for persons seeking the same to obtain a license therefor.
The keeper of an employment or intelligence office shall cause two copies of Sections 34-29-7 to 34-29-10, inclusive, and of Sections 34-29-13 to 34-29-15, inclusive, printed in type of sufficient size to be easily read, to be conspicuously posted in each room used or occupied for the purpose of such employment or intelligence office.
Any person who places with an employment agent an order for more employees than the person placing the order actually desires, or who places with employment agents duplicate orders for employees, or who permits a standing order for employees to remain uncanceled at a time when the person placing the order does not need such employees, shall be liable to persons who, in good faith, accept and act upon information furnished in good faith by employment agents under such excess, duplicate or standing order for the amount actually expended in traveling from the location of such employment agency to the place of such proposed employment and return.
Any person who gives to an employment agent any false or unauthorized order for employees, or who causes to be published in any newspaper or otherwise any false or unauthorized notice or statement that employees are wanted by any person, is guilty of a class B misdemeanor.
In employing workmen in the construction of public works by the state or any county or municipality, or by persons contracting with the state or any county or municipality, preference shall be given citizens of the United States, or those having declared their intention of becoming citizens. In each contract for the construction of public works a provision shall be inserted to the effect that, if the provisions of this section are not complied with, the contract shall be void.
Forty hours shall constitute a working week on all works and undertakings carried on by the state, county, or municipal governments, or by any officer of the state or of any county or municipal government. Any persons, corporation, firm, contractor, agent, manager, or foreman, who shall require or contract with any person to work upon such works or undertakings longer than 40 hours in one week shall pay such employees at a rate not less than one and one-half times the regular rate at which the employee is employed.
Any officer, agent or representative of the state, or of any political subdivision, district or municipality of it who shall violate, or omit to comply with any of the provisions of this chapter, and any contractor or subcontractor, or agent or representative thereof, doing such public work, who shall neglect to keep, or cause to be kept, an accurate record of the names, occupation and actual wages paid to each laborer, workman and mechanic employed by him or her, in connection with this public work or who shall refuse to allow access to same at any reasonable hour to any person authorized to inspect same under this chapter is guilty of a class B misdemeanor.
Notwithstanding any other provision in this chapter to the contrary, the governor of the state of Utah may, in the governor's discretion, elect to suspend the provisions of this chapter in whole or in part if it becomes necessary to do so in order to comply with requirements imposed by the government of the United States, in order for the state of Utah to remain eligible for participation in programs which are financed in whole or in part by the United States government.
(1) For purposes of this section:
(a) "Political subdivision" means a county, city, town, school district, special district, special service district, public corporation, institution of higher education of the state, public agency of any political subdivision, or other entity that expends public funds for construction, maintenance, repair or improvement of public works.
(b) "Public works" or "public works project" means a building, road, street, sewer, storm drain, water system, irrigation system, reclamation project, or other facility owned or to be contracted for by the state or a political subdivision, and that is to be paid for in whole or in part with tax revenue paid by residents of the state.
(2)
(a) Except as provided in Subsection (2)(b) or as required by federal or state law, the state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair, or improvement of public works pay its employees:
(i) a predetermined amount of wages or wage rate; or
(ii) a type, amount, or rate of employee benefits.
(b) Subsection (2)(a) does not apply when federal law requires the payment of prevailing or minimum wages to persons working on projects funded in whole or in part by federal funds.
(3) The state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works execute or otherwise become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded, or performing work on a public works project.
(4) This section applies to any contract executed after May 1, 1995.
(1) As used in this section:
(a) "Employee" means a person employed by any person, partnership, public, private, or municipal corporation, school district, the state, or any political subdivision of the state.
(b) "Employer" means the person or entity employing an employee.
(c)
(i) "Labor organization" means a lawful organization of any kind that is composed, in whole or in part, of employees, and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.
(ii) Except as provided in Subsection (1)(c)(iii), "labor organization" includes each employee association and union for employees of public and private sector employers.
(iii) "Labor organization" does not include organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
(d) "Union dues" means dues, fees, money, or other assessments required as a condition of membership or participation in a labor organization.
(2) An employee may direct an employer, in writing, to deduct from the employee's wages a specified sum for union dues, not to exceed 3% per month, to be paid to a labor organization designated by the employee.
(3) An employer shall promptly commence or cease making deductions for union dues from the wages of an employee for the benefit of a labor organization when the employer receives a written communication from the employee directing the employer to commence or cease making deductions.
(4) An employee's request that an employer cease making deductions may not be conditioned upon a labor organization's:
(a) receipt of advance notice of the request; or
(b) prior consent to cessation of the deductions.
(5) A labor organization is not liable for any claim, service, or benefit that is:
(a) available only to a member of the labor organization; and
(b) terminated as a result of an employee's request that the employer cease making deductions for union dues.
(6) An employee may join a labor organization or terminate membership at any time. A person may not place a restriction on the time that an employee may join, or terminate membership with, a labor organization.
(7) An employee may not waive a provision of this section.
(1) As used in this section:
(a)
(i) "Labor organization" means a lawful organization of any kind that is composed, in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.
(ii) Except as provided in Subsection (1)(a)(iii), "labor organization" includes each employee association and union for public employees.
(iii) "Labor organization" does not include organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
(b) "Political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election.
(c) "Public employee" means a person employed by:
(i) the state of Utah or any administrative subunit of the state;
(ii) a state institution of higher education; or
(iii) a municipal corporation, a county, a municipality, a school district, a special district, a special service district, or any other political subdivision of the state.
(d) "Public employer" means an employer that is:
(i) the state of Utah or any administrative subunit of the state;
(ii) a state institution of higher education; or
(iii) a municipal corporation, a county, a municipality, a school district, a special district, a special service district, or any other political subdivision of the state.
(e) "Union dues" means dues, fees, assessments, or other money required as a condition of membership or participation in a labor organization.
(2) A public employer may not deduct from the wages of its employees any amounts to be paid to:
(a) a candidate as defined in Section 20A-11-101;
(b) a personal campaign committee as defined in Section 20A-11-101;
(c) a political action committee as defined in Section 20A-11-101;
(d) a political issues committee as defined in Section 20A-11-101;
(e) a registered political party as defined in Section 20A-11-101;
(f) a political fund as defined in Section 20A-11-1402; or
(g) any entity established by a labor organization to solicit, collect, or distribute money primarily for political purposes as defined in this chapter.
(3) The attorney general may bring an action to require a public employer to comply with the requirements of this section.
Whenever any producer of farm products within the state executes and delivers to a dealer or processor of farm products, either as a clause in a sales agreement or other instrument in writing, whereby such processor or dealer is directed to deduct a sum or a rate not exceeding 3% of the price to be paid for any such produce, such processor or dealer shall deduct from the price to be paid for any farm product being sold by any such producer to any such processor or dealer, the amount so authorized and the producer or dealer shall pay the same to a farm organization as assignee.
Any employer, dealer or processor who willfully fails to comply with the duties imposed by this chapter is guilty of a class B misdemeanor.
(1) The provisions of this chapter do not apply to carriers as that term is defined in the Railway Labor Act passed by the Congress of the United States, June 21, 1934. 48 Stat. 1189, U.S. Code, Title 45, Section 151.
(2) Nothing in this chapter is intended to, or may be construed to, preempt any requirement of federal law.
As used in this chapter:
(1) "Commission" means the Labor Commission created in Section 34A-1-103.
(2) "Division" means the Division of Antidiscrimination and Labor created in Section 34A-1-202.
(3)
(a) "Employer" means the same as that term is defined in 29 U.S.C. Sec. 203.
(b) "Employer" includes a prospective employer.
(4) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(5)
(a) "Medical examination" means a physical examination an employer requires as a condition of pre-employment, employment, or continued employment.
(b) "Medical examination" includes drug testing.
(c) "Medical examination" does not include an appointment conducted to allow an employee to take or return from medical leave following an injury or illness that occurs outside the course and scope of employment.
(1) An employer may not:
(a) charge an individual a fee for a medical examination;
(b) require an individual to obtain a medical examination unless the employer pays the costs the health care provider charges the individual;
(c) require an employee to receive a medical exam that the employer requires outside of the employee's shift without pay; or
(d) require an employee to use leave to receive a medical exam that the employer requires.
(2) An employer may not require an individual to pay for a medical examination even if the employer reimburses the individual.
(1) The division shall enforce compliance with this chapter by:
(a) investigating alleged violations of this chapter; and
(b) determining the validity of a claim for a violation of this chapter that an individual files with the division in accordance with Subsection (2).
(2)
(a) An individual may file a claim with the division for a violation of this chapter.
(b) An individual shall file a claim under this Subsection (2) within one year after the day on which the individual pays the employer a fee for a medical examination or pays a health care provider for a medical examination.
(3)
(a) If the division determines a claim filed in accordance with Subsection (2) is valid, the division shall order the employer to reimburse the fee the individual paid to the employer and the cost the individual paid to the health care provider for the medical examination.
(b) The division may assess against an employer who violates this chapter, a penalty of up to 5% of:
(i) the fee the individual paid to the employer; and
(ii) the cost the individual paid to the health care provider for the medical examination.
(c) The division shall assess the penalty described in Subsection (3)(b) daily until the employer pays:
(i) the individual the amount the employer owes to the individual; and
(ii) the penalty for a period not to exceed 20 days.
(d) The division shall:
(i) retain 50% of the money the division receives from a penalty payment under Subsection (3)(b) for the costs of administering this chapter; and
(ii) pay the 50% not retained under Subsection (3)(d)(i) to the individual.
(4) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to enforce this chapter.
A person that violates the provisions of this chapter is guilty of a class B misdemeanor.
This chapter shall be known and may be cited as the "Utah Right to Work Law."
It is hereby declared to be the public policy of the state that the right of persons to work, whether in private employment or for the state, its counties, cities, school districts, or other political subdivisions, may not be denied or abridged on account of membership or nonmembership in any labor union, labor organization or any other type of association; and further, that the right to live includes the right to work. The exercise of the right to work shall be protected and maintained free from undue restraints and coercion.
The word "employer" as used in this chapter includes all persons, firms, associations, corporations, the state, its counties, cities, school districts and other political subdivisions.
Any express or implied agreement, understanding or practice between any employer and any labor union, labor organization or any other type of association, whereby any person not a member of such union, organization or any other type of association shall be denied the right to work for an employer, or whereby membership in such labor union, labor organization or any other type of association is made a condition of employment or continuation of employment by such employer, or whereby any such union, organization or any other type of association acquires an employment monopoly in any enterprise or industry, is hereby declared to be an illegal combination or conspiracy and against public policy.
Any express or implied agreement, understanding or practice which is designed to cause or require, or has the effect of causing or requiring, any employer or labor union, labor organization or any other type of association, whether or not a party thereto, to violate any provision of this chapter is hereby declared an illegal agreement, understanding, or practice and contrary to public policy.
Any person, firm, association, corporation, labor union, labor organization or any other type of association engaging in lockouts, layoffs, boycotts, picketing, work stoppages, or other conduct, a purpose of which is to compel or force any other person, firm, association, corporation, labor union, labor organization or any other type of association to violate any provision of this chapter shall be guilty of illegal conduct contrary to public policy; but nothing herein contained shall be construed to prevent or make illegal the peaceful and orderly solicitation and persuasion by members of a labor union, labor organization or any other type of association of others to join a labor union, labor organization or any other type of association, unaccompanied by any intimidation, use of force, threat of use of force, reprisal, or threat of reprisal.
It shall be unlawful for any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association, officer or agent of such, or member of same, to compel or force, or to attempt to compel or force, any person to join or refrain from joining any labor union, labor organization or any other type of association.
No employer shall require any person to become or remain a member of any labor union, labor organization or any other type of association as a condition of employment or continuation of employment by such employer.
No employer shall require any person to abstain or refrain from membership in any labor union, labor organization or any other type of association as a condition of employment or continuation of employment.
No employer shall require any person to pay any dues, fees, or other charges of any kind to any labor union, labor organization or any other type of association as a condition of employment or continuation of employment.
Any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association injured as a result of any violation or threatened violation of any provision of this chapter, or threatened with any such violation shall be entitled to injunctive relief against any and all violators or persons threatening violation and also to recover from such violator or violators, or person or persons, any and all damages of any character cognizable at common law resulting from such violations or threatened violations. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
In addition to the penal provisions of this chapter, any person, firm, corporation, association, or any labor union, labor organization or any other type of association, or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and things prohibited by this chapter.
Any person who may be denied employment or be deprived of continuation of employment in violation of this chapter shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with the employer by appropriate action in the courts of this state such damages as the person may have sustained by reason of such denial or deprivation of employment.
The provisions of this chapter do not apply to any lawful contract in force on the effective date of this act, but they shall apply in all respects to contracts entered into after such date and to any renewal or extension of any existing contract.
Nothing in this chapter shall be construed to deny the right of employees to bargain collectively with their employer by and through labor unions, labor organizations or any other type of associations.
A violation of this act is a class B misdemeanor, and each day such unlawful conduct, as defined in this chapter, is in effect or continued is a separate offense and is punishable as such, as provided in this chapter.
Every motor vehicle furnished by an employer to be used to transport one or more workers to and from their places of employment shall be maintained in a safe condition and operated in a safe manner at all times, whether or not used on a public highway.
(1) The Labor Commission shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment. These rules shall be embodied in a safety code and shall establish minimum standards.
(2)
(a) A person who is an employee of an electrical corporation, a gas corporation, or a telephone corporation, as these corporations are defined in Section 54-2-1, is exempt from any hours of service rules and regulations for drivers while operating a public utility vehicle within the state during the emergency restoration of public utility service.
(b) As used in Subsection (2)(a), "emergency" means a condition that jeopardizes life or property, or that endangers public health and safety.
This chapter does not apply to motor carriers or to motor vehicles owned and operated by the United States.
The provisions of this chapter do not apply to agricultural workers.
(1) The Legislature finds that a healthy and productive work force, safe working conditions free from the effects of drugs and alcohol, and maintenance of the quality of products produced and services rendered in this state, are important to employers, employees, and the general public. The Legislature further finds that the abuse of drugs and alcohol creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased financial burden on health and benefit programs, increased workplace theft, decreased employee morale, decreased productivity, and a decline in the quality of products and services.
(2) The Legislature does not intend to prohibit an employee from seeking damages or job reinstatement, if action is taken by the employer on the basis of an inaccurate test result.
For purposes of this chapter:
(1) "Alcohol" means ethyl alcohol or ethanol.
(2) "Drugs" means a substance recognized as a drug in the United States Pharmacopoeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, or supplement to any of those compendia.
(3) "Employee" means an individual in the service of an employer for compensation.
(4)
(a) "Employer" means a person, including a public utility or transit district, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(b) "Employer" does not include the federal or state government, or other local political subdivisions.
(5) "Failed test" means a confirmed drug or alcohol test that indicates that the sample tested is:
(a) positive;
(b) adulterated; or
(c) substituted.
(6) "Inaccurate test result" means a test result that is treated as a positive test result, when the sample should not have resulted in a positive test result.
(7) "Licensed physician" means an individual who is licensed:
(a) as a doctor of medicine under Title 58, Chapter 67, Utah Medical Practice Act, or similar law of another state; or
(b) as an osteopathic physician or surgeon under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or similar law of another state.
(8) "Prospective employee" means an individual who applies to an employer, either in writing or orally, to become the employer's employee.
(9) "Sample" means urine, blood, breath, saliva, or hair.
(1) If an employer tests an employee or prospective employee for the presence of drugs or alcohol as a condition of hiring or continued employment, the employer is protected from liability as provided in this chapter if the employer complies with this chapter. However, employers and management in general shall submit to the testing themselves on a periodic basis.
(2)
(a) An organization that operates a storage facility or transfer facility or that is engaged in the transportation of high-level nuclear waste or greater than class C radioactive waste within the exterior boundaries of the state shall establish a mandatory drug testing program regarding drugs and alcohol for prospective and existing employees as a condition of hiring any employee or the continued employment of any employee. As a part of the program, employers and management in general shall submit to the testing themselves on a periodic basis. The program shall implement testing standards and procedures established under Subsection (2)(b).
(b) The executive director of the Department of Environmental Quality, in consultation with the Labor Commission under Section 34A-1-103, shall by rule establish standards for timing of testing and dosage for impairment for the drug and alcohol testing program under this Subsection (2). The standards shall address the protection of the safety, health, and welfare of the public.
In order to test reliably for the presence of drugs or alcohol, an employer may require samples from the employer's employees and prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample shall be in conformance with the requirements of Section 34-38-6. The employer may designate the type of sample to be used for testing.
(1) Any drug or alcohol testing by an employer shall occur during or immediately after the regular work period of current employees and shall be deemed work time for purposes of compensation and benefits for current employees.
(2) An employer shall pay all costs of testing for drugs or alcohol required by the employer, including the cost of transportation if the testing of a current employee is conducted at a place other than the workplace.
(1) The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter.
(2) The collection of a sample shall be performed under reasonable and sanitary conditions.
(3) A sample shall be collected and tested:
(a) with due regard to the privacy of the individual being tested; and
(b) in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of a reliable sample.
(4) The sample collection shall be documented. The documentation procedures required by this Subsection (4) include:
(a) labeling of a sample so as reasonably to preclude the probability of erroneous identification of test results; and
(b) an opportunity for the employee or prospective employee to provide notification of any information that the employee or prospective employee considers relevant to the test, including:
(i) identification of currently or recently used prescription or nonprescription drugs; or
(ii) other relevant medical information.
(5) Sample collection, storage, and transportation to the place of testing shall be performed so as reasonably to preclude the probability of sample contamination or adulteration.
(6)
(a) Testing of a sample shall conform to scientifically accepted analytical methods and procedures.
(b) Before a test of a sample may be considered a failed test and used as a basis for an action by an employer under Section 34-38-8, testing of the sample shall include a confirmation test:
(i) by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method; and
(ii) if the sample used for a test is a urine sample, by a laboratory that is certified by the United States Department of Health and Human Services under the National Laboratory Certification Program.
(1) Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has been distributed to employees and is available for review by prospective employees.
(2) Within the terms of the employer's written policy, an employer may require the collection and testing of samples for the following purposes:
(a) investigation of possible individual employee impairment;
(b) investigation of accidents in the workplace or incidents of workplace theft;
(c) maintenance of safety for employees or the general public; or
(d) maintenance of productivity, quality of products or services, or security of property or information.
(3) The collection and testing of samples shall be conducted in accordance with Sections 34-38-4, 34-38-5, and 34-38-6, and need not be limited to circumstances where there are indications of individual, job-related impairment of an employee or prospective employee.
(4) The employer's use and disposition of all drug or alcohol test results are subject to the limitations of Sections 34-38-8 and 34-38-13.
(1) An employer may take an action described in Subsection (2) if:
(a) the employer receives a test result that:
(i) indicates a failed test;
(ii) is confirmed as required by Subsection 34-38-6(6); and
(iii) indicates a violation of the employer's written policy; or
(b) an employee or prospective employee refuses to provide a sample.
(2) An employer may use a test result or a refusal described in Subsection (1) as the basis for disciplinary or rehabilitative actions, which may include the following:
(a) a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
(b) suspension of the employee with or without pay for a period of time;
(c) termination of employment;
(d) refusal to hire a prospective employee; or
(e) other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.
No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following:
(1) failure to test for drugs or alcohol, or failure to test for a specific drug or other substance;
(2) failure to test for, or if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or alcohol testing program or policy.
(1) A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol testing in accordance with this chapter, and who takes an action under Section 34-38-8, unless the employer takes the action on the basis of an inaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that an employer's action is based on an inaccurate test result:
(a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and
(b) the employer is not liable for monetary damages if the employer's reliance on an inaccurate test result is reasonable and in good faith.
(3)
(a) There is a rebuttable presumption that the employer complies with Section 34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who is trained in the interpretation of drug and alcohol test results:
(i) provides medical assessment of a result that indicates a failed test;
(ii) requests re-analysis of a test result if necessary; and
(iii) makes a determination whether or not alcohol or other drug use has occurred.
(b) A court may find that an employer complies with Section 34-38-6 notwithstanding that the employer's drug and alcohol testing program does not include an action described in Subsection (3)(a).
No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, the tested employee, or the tested prospective employee;
(2) the information disclosed is based on an inaccurate test result;
(3) an inaccurate test result is disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.
No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug or alcohol testing.
(1) For purposes of this section, "test-related information" means the following received by the employer through the employer's drug or alcohol testing program:
(a) information;
(b) interviews;
(c) reports;
(d) statements;
(e) memoranda; or
(f) test results.
(2) Except as provided in Subsections (3) and (6), test-related information is a confidential communication and may not be:
(a) used or received in evidence;
(b) obtained in discovery; or
(c) disclosed in any public or private proceeding.
(3) Test-related information:
(a) shall be disclosed to the Division of Professional Licensing:
(i) in the manner provided in Subsection 58-13-5(3); and
(ii) only to the extent required under Subsection 58-13-5(3); and
(b) may only be used in a proceeding related to:
(i) an action taken by the Division of Professional Licensing under Section 58-1-401 when the Division of Professional Licensing is taking action in whole or in part on the basis of test-related information disclosed under Subsection (3)(a);
(ii) an action taken by an employer under Section 34-38-8; or
(iii) an action under Section 34-38-11.
(4) Test-related information shall be the property of the employer.
(5) An employer is entitled to use a drug or alcohol test result as a basis for action under Section 34-38-8.
(6) An employer may not be examined as a witness with regard to test-related information, except:
(a) in a proceeding related to an action taken by the employer under Section 34-38-8;
(b) in an action under Section 34-38-11; or
(c) in an action described in Subsection (3)(b)(i).
An employee or prospective employee whose drug or alcohol test result is confirmed as positive in accordance with this chapter may not, because of those results alone, be defined as a person with a disability for purposes of Title 34A, Chapter 5, Utah Antidiscrimination Act.
A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing the test, solely by the establishment of a drug or alcohol testing program in the workplace.
This act is known as the "Employment Inventions Act."
As used in this chapter:
(1) "Employment invention" means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:
(a) conceived, developed, reduced to practice, or created by the employee:
(i) within the scope of the employee's employment;
(ii) on the employer's time; or
(iii) with the aid, assistance, or use of any of the employer's property, equipment, facilities, supplies, resources, or intellectual property;
(b) the result of any work, services, or duties performed by an employee for the employer;
(c) related to the industry or trade of the employer; or
(d) related to the current or demonstrably anticipated business, research, or development of the employer.
(2) "Intellectual property" means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them.
(1) An employment agreement between an employee and employer is not enforceable against the employee to the extent that the agreement requires the employee to assign or license, or to offer to assign or license, to the employer any right or intellectual property in or to an invention that is:
(a) created by the employee entirely on the employee's own time; and
(b) not an employment invention.
(2) An agreement between an employee and employer may require the employee to assign or license, or to offer to assign or license, to the employer any or all of the employee's rights and intellectual property in or to an employment invention.
(3) Subsection (1) does not apply to:
(a) any right, intellectual property or invention that is required by law or by contract between the employer and the United States government or a state or local government to be assigned or licensed to the United States; or
(b) an agreement between an employee and employer which is not an employment agreement.
(4) Notwithstanding Subsection (1), an agreement is enforceable under Subsection (1) if the employee's employment or continuation of employment is not conditioned on the employee's acceptance of such agreement and the employee receives a consideration under such agreement which is not compensation for employment.
(5) Employment of the employee or the continuation of the employee's employment is sufficient consideration to support the enforceability of an agreement under Subsection (2) whether or not the agreement recites such consideration.
(6) An employer may require employees to agree to an agreement within the scope of Subsection (2) as a condition of employment or the continuation of employment.
(7) An employer may not require employees to agree to anything unenforceable under Subsection (1) as a condition of employment or the continuation of employment.
(8) Nothing in this chapter invalidates or renders unenforceable any employment agreement or provisions of an employment agreement unrelated to employment inventions.
This chapter is known as the "Utah Minimum Wage Act."
(1) Subject to Subsection (3), this chapter and the terms used in it, including the computation of wages, shall be interpreted consistently with the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., as amended, to the extent that act relates to the payment of a minimum wage.
(2) As used in this chapter:
(a) "Cash wage obligation" means an hourly wage that an employer pays a tipped employee regardless of the tips or gratuities a tipped employee receives.
(b) "Commission" means the Labor Commission.
(c) "Division" means the Division of Antidiscrimination and Labor in the commission.
(d) "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
(e) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(f) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(g) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(h) "Minimum wage" means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise.
(i) "Tipped employee" means an employee who customarily and regularly receives tips or gratuities.
(3) Notwithstanding Subsection (1), for purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(4)
(a) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee; or
(ii) a franchisee's employee.
(b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (4) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
(1)
(a) The minimum wage for all private and public employees within the state shall be $3.35 per hour.
(b) Effective April 1, 1990, the minimum wage shall be $3.80 per hour.
(2)
(a) After July 1, 1990, the commission may by rule establish the minimum wage or wages as provided in this chapter that may be paid to employees in public and private employment within the state.
(b) The minimum wage, as established by the commission, may not exceed the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of 1938, as amended, in effect at the time of implementation of this section.
(c) The commission:
(i) may review the minimum wage at any time;
(ii) shall review the minimum wage at least every three years; and
(iii) shall review the minimum wage whenever the federal minimum wage is changed.
(3) The commission may provide for separate minimum hourly wages for minors.
(1) The minimum wage established in this chapter does not apply to:
(a) an employee who is entitled to a minimum wage as provided in the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq.;
(b) an outside sales person;
(c) an employee who is a member of the employer's immediate family;
(d) companionship service for an individual who, because of age or infirmity, is unable to care for the individual's self;
(e) casual and domestic employees as defined by the commission;
(f) a seasonal employee of a nonprofit camping program, religious or recreation program, or nonprofit educational or charitable organization registered under Title 13, Chapter 22, Charitable Solicitations Act;
(g) an individual employed by the United States of America;
(h) a prisoner employed through the penal system;
(i) an employee employed in agriculture if the employee:
(i) is principally engaged in the range production of livestock;
(ii) is employed as a harvest laborer and is paid on a piece rate basis in an operation that has been and is generally recognized by custom as having been paid on a piece rate basis in the region of employment;
(iii) was employed in agriculture less than 13 weeks during the preceding calendar year; or
(iv) is a retired or semiretired individual performing part-time or incidental work as a condition of the employee's residence on a farm or ranch;
(j) a registered apprentice or student employed by the educational institution in which the apprentice or student is enrolled; or
(k) a seasonal hourly employee employed by a seasonal amusement establishment with permanent structures and facilities if the other direct monetary compensation from tips, incentives, commissions, end-of-season bonus, or other forms of pay is sufficient to cause the average hourly rate of total compensation for the season of seasonal hourly employees who continue to work to the end of the operating season to equal the applicable minimum wage if:
(i) the seasonal amusement establishment does not operate for more than seven months in any calendar year; or
(ii) during the preceding calendar year the seasonal amusement establishment's average receipts for any six months of that year were not more than 33-1/3% of the seasonal amusement establishment's average receipts for the other six months of that year.
(2)
(a) An individual with a disability whose earnings or productive capacities are impaired by age, physical or mental deficiency, or injury may be employed at wages that are lower than the minimum wage, provided the wage is related to the individual's productivity.
(b) The commission may establish and regulate the wages paid or wage scales for an individual with a disability.
(3) The commission may establish or set a lesser minimum wage for learners not to exceed the first 160 hours of employment.
(4)
(a) An employer of a tipped employee shall pay the tipped employee at least the minimum wage established by this chapter.
(b) In computing a tipped employee's wage under this Subsection (4), an employer of a tipped employee:
(i) shall pay the tipped employee at least the cash wage obligation as an hourly wage; and
(ii) may compute the remainder of the tipped employee's wage using the tips or gratuities the tipped employee actually receives.
(c) A tipped employee shall retain all tips and gratuities except to the extent that the employee participates in a bona fide tip pooling or sharing arrangement with other tipped employees.
(d) An employer may allow an employee who is not a tipped employee to participate in a bona fide tip pooling or sharing arrangement with another employee who is not a tipped employee in accordance with the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., and 29 C.F.R. Sec. 531.50 through 531.60.
(e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall by rule establish the cash wage obligation in conjunction with the commission's review of the minimum wage under Section 34-40-103.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may issue rules that are consistent with this chapter.
(1) A city, town, or county may not establish, mandate, or require a minimum wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
(2)
(a) A city, town, or county may not require that a person who contracts with the city, town, or county pay that person's employees a wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
(b) Subsection (2)(a) does not apply when federal law requires the payment of a specified wage to persons working on projects funded in whole or in part by federal funds.
(c) Subsection (2)(a) applies to contracts executed on or after April 30, 2001.
(3)
(a) If a city, town, or county contracts with a person for the direct purchase of goods or services, in awarding or otherwise executing that contract, the city, town, or county may not give any preferential treatment to a person on the basis that the person pays that person's employees a wage that exceeds the minimum wage as provided in 29 U.S.C. 201 et seq., Fair Labor Standards Act of 1938.
(b) This Subsection (3) does not apply when federal law requires the consideration of whether a person pays the person's employees a specified wage to persons working on projects funded in whole or in part by federal funds.
(c) This Subsection (3) applies to contracts executed on or after May 2, 2005.
(4)
(a) The restrictions of this section on a city, town, or county apply to any entity created by the city, town, or county.
(b) This Subsection (4) applies to contracts executed on or after May 2, 2005.
Employers shall keep payroll records of employees covered by this chapter showing names, addresses, and dates of birth. Such records shall also show hours worked and wages paid to all covered employees. Records shall be maintained for three years.
The division shall enforce this chapter and investigate complaints under this chapter. The division may commence administrative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and may impose a penalty of up to $500 per violation of this chapter.
(1) The division shall have access to all payroll records of any place of business or establishment, required by this chapter to pay its employees a minimum wage, to investigate for compliance with this chapter.
(2) The division shall have access to business records kept at the place of business or establishment which may aid in the enforcement of this chapter.
(1) As used in this section, "violation" includes separate violations as to individual employees arising out of the same investigation or enforcement action.
(2)
(a) A violation of this chapter is an infraction.
(b) A second violation of this chapter is a class C misdemeanor.
(c) A third or subsequent violation of this chapter is a class B misdemeanor.
(3) Upon an employer's violation of this section, the commission may prosecute a criminal action in the name of the state.
(4) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.
(1) In addition to the administrative and criminal actions authorized by this chapter, an employee may bring a civil action to enforce the employee's rights under this chapter.
(2)
(a) An aggrieved employee is entitled to injunctive relief and may recover the difference between the wage paid and the minimum wage, plus interest.
(b) The court may award court costs and attorney fees to the prevailing party.
(3) An action brought under this section shall be brought within two years of the alleged violation.
As used in this chapter:
(1) "Donor" means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or an institution of higher education.
(2) "Drug" means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, including Title 58, Chapter 37, Controlled Substances, or supplement to any of those compendia.
(3) "Drug testing" means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter.
(4) "Institution of higher education" means the same as that term is defined in Section 53H-1-101.
(5) "Local governmental employee" means any person or officer in the service of a local governmental entity or institution of higher education for compensation.
(6)
(a) "Local governmental entity" means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities.
(b) "Local governmental entity" does not mean Utah state government or its administrative subdivisions provided for in Sections 63A-17-1001 through 63A-17-1006.
(7) "Periodic testing" means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule.
(8) "Prospective employee" means any person who has made a written or oral application to become an employee of a local governmental entity or an institution of higher education.
(9) "Random testing" means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category.
(10) "Reasonable suspicion for drug testing" means an articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that a local government employee or volunteer is in violation of the drug-free workplace policy.
(11) "Rehabilitation testing" means unannounced but preselected drug testing done as part of a program of counseling, education, and treatment of an employee or volunteer in conjunction with the drug-free workplace policy.
(12) "Safety sensitive position" means any local governmental or institution of higher education position involving duties which directly affects the safety of governmental employees, the general public, or positions where there is access to controlled substances, as defined in Title 58, Chapter 37, Controlled Substances, during the course of performing job duties.
(13) "Sample" means urine, blood, breath, oral fluid, or hair.
(14) "Volunteer" means any person who donates services as authorized by the local governmental entity or institution of higher education without pay or other compensation except expenses actually and reasonably incurred.
(1) Any local governmental entity or institution of higher education may establish workplace policies and procedures designed to:
(a) educate, counsel, and increase awareness of the dangers of drugs; and
(b) prohibit and discourage the detrimental use of drugs among its various classes of employees and volunteers.
(2) A local governmental entity or institution of higher education may test employees, volunteers, prospective employees, and prospective volunteers for the presence of drugs or their metabolites, in accordance with the provisions of this chapter, as a condition of hiring, continued employment, and voluntary services.
(3) A drug-free workplace policy may include, but does not require, drug testing under the following circumstances:
(a) preemployment hiring or volunteer selection procedures;
(b) postaccident investigations;
(c) reasonable suspicion situations;
(d) preannounced periodic testing;
(e) rehabilitation programs;
(f) random testing in safety sensitive positions; or
(g) to comply with the federal Drug Free Workplace Act of 1988, 41 U.S.C. Sec. 8101 et seq., or other federally required drug policies.
(4) This section may not be construed to prohibit local governmental entities or institutions of higher education from establishing policies regarding other hazardous or intoxicating substances.
(1)
(a) A local governmental entity or institution of higher education may not test a donor for the presence of drugs, unless the local government entity or institution of higher education:
(i) adopts a written policy or ordinance for the testing;
(ii) distributes the policy or ordinance to employees and volunteers; and
(iii) makes the policy or ordinance available for review by prospective employees and prospective volunteers.
(b) The local governmental entity or institution of higher education may only test or retest for the presence of drugs in accordance with the policy or ordinance described in Subsection (1)(a).
(2) The local government entity or institution of higher education:
(a) shall collect and test samples in accordance with Section 34-41-104; and
(b) if otherwise permitted by law, is not limited only to collecting or testing in circumstances where there are indications of job-related impairment of an employee or volunteer.
(3) The use and disposition of all drug test results are subject to the limitations of Title 63G, Chapter 2, Government Records Access and Management Act, and the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.
(4) A donor who is subject to testing under a policy or ordinance described in Subsection (1)(a) shall:
(a) submit a blood, breath, oral fluid, or hair sample for testing; or
(b) submit a split urine sample for testing or retesting.
(5) Unless the policy or ordinance described in Subsection (1)(a) provides otherwise, the local governmental entity or institution of higher education may specify the type of sample, described in Subsection (4), that the donor is required to submit.
(6) A split urine sample shall consist of at least 45 milliliters of urine, divided into two specimen bottles with:
(a) at least 30 milliliters of urine in one bottle, for the initial test; and
(b) at least 15 milliliters of urine in the other bottle for retesting, if requested under Subsection (7).
(7) If the test results of a sample test indicate the presence of drugs, the local governmental entity or institution of higher education shall:
(a) give notice to the donor:
(i) of the test results; and
(ii) for a urine test, that the donor may, within 72 hours after the local government entity or institution of higher education provides the notice, request testing of the second sample; and
(b) test the second sample if the donor timely requests testing of the second sample.
(8) The expense of testing the second urine sample will be equally divided between the donor and the local governmental entity or institution of higher education.
(9) The test results of the samples shall be considered at any subsequent disciplinary hearing if the requirements of this section and Section 34-41-104 are complied with in the collection, handling, and testing of the samples.
(1) The local governmental entity or institution of higher education shall ensure that:
(a) all sample collection under this chapter is performed in accordance with instructions prepared by an entity independent of the local government or institution of higher education;
(b) all testing for drugs under this chapter is performed by an independent laboratory certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists;
(c) the instructions, chain of custody forms, and collection kits, including containers and seals, used for sample collection are prepared by an independent laboratory certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists; and
(d) sample collection and testing for drugs under this chapter is in accordance with the requirements of this section.
(2) The local governmental entity or institution of higher education may:
(a) in accordance with a policy or ordinance described in Subsection 34-41-103(1)(a), require samples from a donor;
(b) require presentation of reliable identification to the person collecting the samples; and
(c) in order to dependably test for the presence of drugs, designate the type of sample to be used for testing.
(3) The local governmental entity or institution of higher education shall ensure that the local governmental entity's or institution of higher education's ordinance or policy requires that:
(a) the collection of samples is performed under reasonable and sanitary conditions;
(b) samples are collected and tested:
(i) to ensure the privacy of the individual being tested; and
(ii) in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples;
(c) sample collection is appropriately documented to ensure that:
(i) samples are labeled and sealed to reasonably preclude the probability of erroneous identification of test results; and
(ii) a donor has the opportunity to provide notification of any information:
(A) that a donor considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information; and
(B) in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213;
(d) sample collection, storage, and transportation to the place of testing are performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration; and
(e) sample testing conforms to scientifically accepted analytical methods and procedures.
(4) Before the result of any test may be used as a basis for any action by a local governmental entity or institution of higher education under Section 34-41-105, the local governmental entity or institution of higher education shall:
(a) verify or confirm any positive initial screening test by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical methods; and
(b) provide the notice described in Subsection 34-41-103(7), as soon as possible after a positive test result, at the last known address or telephone number of the donor.
(5) Except for drug testing of a prospective employee or a prospective volunteer, drug testing by a local governmental entity or institution of higher education shall occur during or immediately after the regular work period of the employee or volunteer and shall be considered as work time for purposes of compensation and benefits.
(6) The local governmental entity or institution of higher education shall pay:
(a) all costs of sample collection and initial testing for drugs required under the policy or ordinance described in Subsection 34-41-103(1)(a); and
(b) if the donor is a current employee or current volunteer and testing is conducted at a place other than the workplace, the cost of transportation to the testing location.
(1) If a verified or confirmed positive drug test result indicates a violation of the local governmental entity's or institution of higher education's written drug-free workplace policy, if an employee, volunteer, prospective employee, or prospective volunteer refuses to provide a sample in accordance with the written policy, or otherwise violates the written policy, an employer may use that test result, refusal, or violation as the basis for imposing any rehabilitative and disciplinary actions authorized by this section.
(2) If the conditions required by Subsection (1) are met, the employer may:
(a) require the employee to enroll in a rehabilitation, treatment, or counseling and educational program, approved by the local governmental entity or institution of higher education as a condition of continued employment or volunteer service;
(b) suspend the employee with or without pay for a period of time;
(c) terminate the employment or voluntary services;
(d) refuse to hire a prospective employee or use the services of a volunteer; and
(e) impose disciplinary measures in conformance with the usual procedures, including employment contracts of the local governmental entity or institution of higher education.
An employee, volunteer, prospective employee, or prospective volunteer whose drug test results are verified or confirmed as positive in accordance with the provisions of this chapter may not, by virtue of those results alone, be defined as a person with a disability for purposes of:
(1) Title 34A, Chapter 5, Utah Antidiscrimination Act; or
(2) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 through 12213.
A physician-patient relationship is not created between an employee, volunteer, prospective employee, or prospective volunteer, and the local governmental entity, institution of higher education, or any person performing the test, solely by the establishment of a drug testing program in the workplace.
(1) An employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, may not be held civilly liable for the disclosure or the consequences of providing the information.
(2) There is a rebuttable presumption that an employer is acting in good faith when the employer provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee.
(3) The presumption of good faith is rebuttable only upon showing by clear and convincing evidence that the employer disclosed the information with actual malice or with intent to mislead.
(4) For purposes of this section "actual malice" means knowledge that the information was false or reckless disregard of whether the information was false.
(5) This section does not alter any privileges that exist under common law.
This chapter is known as the "Disaster Service Volunteer Leave Act."
As used in this chapter:
(1) "Certified disaster service volunteer" means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross.
(2) "Disaster" means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures.
(3) "State agency" means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government.
(1) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay for an aggregate of up to 15 work days, consecutively or nonconsecutively, in any 12-month period to participate in disaster relief services for a disaster relief organization in connection with any disaster, upon the disaster relief organization's request for the employee's services.
(2) An employee of a state agency requesting leave under this chapter shall file a written request with the employing state agency which includes:
(a) the anticipated duration of the leave of absence;
(b) the type of service the employee is to provide on behalf of the disaster relief organization described in Subsection (1);
(c) the nature and location of the disaster where the employee's services will be provided; and
(d) a copy of the written request for the employee's services from an official of the disaster relief organization.
(3) Nothing contained in this chapter shall be construed to require any state agency to grant a public employee's request for voluntary disaster service leave if the employing state agency determines that the grant of leave would pose a hardship on the employing state agency.
This chapter is known as the "Sales Representative Commission Payment Act."
As used in this chapter:
(1) "Business relationship" means an agreement that governs the relationship of principal and sales representative.
(2) "Commission" means:
(a) compensation:
(i) that accrues to a sales representative;
(ii) for payment by a principal; and
(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
(b) any other method of compensation agreed to between a sales representative and a principal including:
(i) fees for services; and
(ii) a retainer.
(3)
(a) "Direct sales company" means a person that:
(i) sells, distributes, or supplies for consideration a good or service through participants:
(A) at different levels of distribution; or
(B) in accordance with a formula for compensating participants in whole or in part based on:
(I) the sale of a good or service; and
(II) the recruitment of or the performance or action of another participant; and
(ii)
(A) permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or
(B) provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:
(I) the sale of a good or service; or
(II) the recruitment of or the performance or action of another participant.
(b) As used in this Subsection (3), "participant" means an independent agent, contractor, or distributor.
(4) "Principal" means a person who:
(a) engages in any of the following activities with regard to a product or service:
(i) manufactures;
(ii) produces;
(iii) imports;
(iv) sells; or
(v) distributes;
(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
(c) agrees to compensate a sales representative, in whole or in part, by commission.
(5)
(a) Except as provided in Subsection (5)(b), "sales representative" means a person who enters into a business relationship with a principal:
(i) to solicit orders for a product or a service described in Subsection (4)(a); and
(ii) under which the person is compensated, in whole or in part, by commission.
(b) "Sales representative" does not include:
(i) an employee of a principal;
(ii) a person licensed under Title 31A, Insurance Code;
(iii) a person licensed under Title 41, Chapter 3, Part 2, Licensing;
(iv) a person licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act;
(v) a person who provides a product or service under a business relationship with a principal that is incident to the purchase or sale of real property;
(vi) a person who places an order or purchases a product or service for that person's own account for resale; or
(vii) an independent agent, contractor, or distributor through whom a direct sales company supplies for consideration a good or service.
(6) "Terminates" or "termination" means the end of a business relationship between a sales representative and a principal, whether by:
(a) agreement;
(b) expiration of a time period; or
(c) exercise of a right of termination by either the principal or the sales representative.
An action under this chapter may be brought against a principal in a court of this state if:
(1) the principal enters into a business relationship in this state with a sales representative to solicit orders for a product or a service; or
(2)
(a) a product of the principal is:
(i) manufactured, distributed, sold, or received in this state; or
(ii) imported to or from this state; or
(b) a service of the principal is provided in this state.
Any of the following provisions in an agreement between a sales representative and a principal is void:
(1) an express waiver of any right under this chapter;
(2) for a writing required by Section 34-44-201 that is entered into in this state, a provision that makes the sales representative subject to the laws of another state; or
(3) a requirement that the sales representative pursue a claim under this chapter in a court not located in the state.
(1) The business relationship between a sales representative and a principal shall be in a writing signed by both the principal and the sales representative.
(2) The writing required by Subsection (1) shall set forth the method by which the sales representative's commission is:
(a) computed; and
(b) paid.
(3) The principal shall provide the sales representative with a copy of the signed writing required by Subsection (1).
(1) The principal shall pay a sales representative all commissions due to the sales representative during the time the business relationship between the principal and sales representative is in effect in accordance with the writing required by Section 34-44-201.
(2) If a business relationship between a principal and sales representative terminates, the principal shall pay to the sales representative:
(a) within 30 days after the day on which the termination is effective, all commissions due on the day on which the termination is effective; and
(b) within 14 days after the day on which a commission becomes due if the commission is due after the day on which the termination is effective.
(3)
(a) Unless payment is made pursuant to a binding and final written settlement agreement and release, the acceptance by a sales representative of a partial commission paid by the principal under the business relationship does not constitute a release as to the balance of any commission that the sales representative claims is due because of the business relationship.
(b) A full release of all commission claims required by a principal as a condition to a partial commission payment is void.
If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed upon under the business relationship if:
(1) the principal revokes the offer of commission;
(2) the sales representative establishes that the revocation is for a purpose of avoiding payment of the commission;
(3) the revocation occurs after the principal obtains an order for the principal's product or service through the efforts of the sales representative; and
(4) the principal's product or service that is the subject of the order is provided to and paid for by a customer.
(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:
(a) any provision of an agreement relating to the payment of commission; or
(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:
(a) three times an amount calculated by:
(i) determining the sum of unpaid commission owed to the sales representative; and
(ii) subtracting from the amount determined under Subsection (2)(a)(i) money the sales representative owes the principal;
(b) reasonable attorney fees; and
(c) court costs.
This chapter does not:
(1) invalidate or restrict any alternative or additional right or remedy available to a sales representative; or
(2) preclude a sales representative from seeking to recover in an action on all claims against a principal.
This chapter is known as "Protection of Activities in Private Vehicles."
As used in this chapter:
(1) "Firearm" has the same meaning as provided in Section 76-11-101.
(2) "Motor vehicle" has the same meaning as provided in Section 41-1a-102.
(3) "Person" means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity.
(1) Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:
(a) prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
(i) the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
(ii) the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
(iii) the firearm is not in plain view from the outside of the motor vehicle; or
(b) prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion.
(2) A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:
(a) the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:
(i) alternative parking for an individual who desires to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle that:
(A) imposes no additional cost on the individual; and
(B) is in a location that is legal and safe for parking; or
(ii) a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area; or
(b) the person complies with Subsection 34-45-107(5).
A person that owns or controls a parking area that is subject to this chapter and that complies with the requirements of Section 34-45-103 is not liable in any civil action for any occurrence resulting from, connected with, or incidental to the use of a firearm, by any person, unless the use of the firearm involves a criminal act by the person who owns or controls the parking area.
(1) An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by Section 34-45-103, may bring a civil action in a court of competent jurisdiction against any person that violates the provisions of Section 34-45-103.
(2) Any individual who asserts a claim under this section is entitled to request:
(a) declaratory relief;
(b) temporary or permanent injunctive relief to prevent the threatened or continued violation;
(c) recovery for actual damages sustained; and
(d) punitive damages, if:
(i) serious bodily injury or death occurs as a result of the violation of Section 34-45-103; or
(ii) the person who violates Section 34-45-103 has previously been notified by the attorney general that a policy or rule violates Section 34-45-103.
(3) The prevailing party in an action brought under this chapter may recover its court costs and reasonable attorney fees incurred.
(4) Nothing in this chapter shall be construed or held to affect any rights or claims made in relation to Title 34A, Chapter 2, Workers' Compensation Act.
(1) The attorney general may bring an action to enforce this chapter and may request any relief that is provided for under Section 34-45-105, including a request for damages on behalf of any individual suffering loss because of a violation of this chapter.
(2) Upon entry of final judgment for a cause of action brought under this section, the court may award restitution, when appropriate, to any individual suffering loss because of a violation of this chapter if proof of loss is submitted to the satisfaction of the court.
(1)
(a) School premises, as defined in Subsection 76-3-203.2(1), are exempt from the provisions of this chapter.
(b) Carrying a dangerous weapon at an elementary school or secondary school is subject to the provisions of Section 76-11-205.
(2) Government entities, including a local authority or state entity, are subject to the requirements of Title 53, Chapter 5a, Firearms Laws, but are otherwise exempt from the provisions of this chapter.
(3) Religious organizations, including religious organizations acting as an employer, are exempt from, and are not subject to the provisions of this chapter.
(4) Owner-occupied single family detached residential units and tenant-occupied single family detached residential units are exempt from the provisions of this chapter.
(5) A person who is subject to federal law that specifically forbids the presence of a firearm on property designated for motor vehicle parking, or a person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt from Section 34-45-103 if:
(a) providing alternative parking or a storage location under Subsection 34-45-103(2)(a) would pose an undue burden on the person; and
(b) the person files a statement with the attorney general citing the federal law that forbids the presence of a firearm and detailing the reasons why providing alternative parking or a storage location poses an undue burden.
(6) A person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section is exempt from this chapter if:
(a) the person has attempted to provide alternative parking or a storage location in accordance with Subsection 34-45-103(2)(a);
(b) the secretary of the federal Department of Homeland Security notifies the person that the provision of alternative parking or a storage location causes the person to be out of compliance with Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section and the person may be subject to punitive measures; and
(c) the person files a detailed statement with the attorney general notifying the attorney general of the facts under Subsections (6)(a) and (b).
This chapter is known as the "Employment Selection Procedures Act."
As used in this chapter:
(1) "Applicant" means an individual that provides information to an employer for the purpose of obtaining employment.
(2) "Division" means the Labor Commission's Division of Antidiscrimination and Labor.
(3) "Employer" means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year.
(4) "Employment selection process" means the process by which an employer selects an individual to be an employee for the employer.
(5) "Initial selection process" means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying.
(6) "Record" means information that is:
(a) inscribed on a tangible medium; or
(b)
(i) received or stored in an electronic or other medium; and
(ii) retrievable in perceivable form.
(1) Except as provided in Subsection (2), an employer may not request the following information before an applicant is offered a job:
(a) Social Security number;
(b) date of birth; or
(c) driver license number.
(2) An employer may request the information listed in Subsection (1) before an applicant is offered a job only if:
(a) the request for information is applicable to any applicant applying for the position for which the applicant is applying;
(b) the information is requested during the time in the employer's employment selection process when the employer:
(i) obtains a criminal background check;
(ii) obtains a credit history of an applicant for employment, subject to the requirements of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq.;
(iii) obtains a driving record of a driver from the Driver License Division in accordance with Section 53-3-104 or 53-3-420;
(iv) subject to Subsection (3), conducts a review of the internal records of the employer to determine whether:
(A) the applicant was previously employed by the employer; or
(B) the applicant previously applied for employment with the employer; or
(v) collects the information to provide it to a government entity for the purpose of:
(A) determining eligibility for a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; or
(B) participating in a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; and
(c) the applicant consents to the employer taking the action described in Subsection (2)(b).
(3) If the information listed in Subsection (1) is requested under Subsection (2)(b)(iv), the employer may only request that information listed in Subsection (1) that is necessary to conduct the review of the employer's internal records.
(4) An employer violates this section if pursuant to Subsection (2) the employer requests the information listed in Subsection (1), but fails to take the action described in Subsection (2)(b) for which the information is requested.
(1)
(a) An employer may not:
(i) use information about an applicant obtained through an initial selection process for a purpose other than to determine whether or not the employer will hire the applicant as an employee; or
(ii) except as provided in Subsection (2), provide information about an applicant obtained through an initial selection process to a person other than the employer.
(b) A use prohibited under this Subsection (1) includes:
(i) marketing;
(ii) profiling;
(iii) reselling of the information; or
(iv) a similar use.
(2) Notwithstanding the other provisions of this section, an employer may provide information:
(a) as required by law;
(b) to a government entity for the purpose of:
(i) determining eligibility for a government service, benefit, or program; or
(ii) participating in a government service, benefit, or program;
(c) if the applicant applies for another position with the employer; or
(d) if the applicant becomes an employee and the information is used for one or more of the following, that is also applied to other employees in a similar position:
(i) a performance review; or
(ii) a promotion application.
(1) Subject to Subsection (2), with regard to information collected about an applicant obtained through an initial selection process, an employer shall:
(a) maintain a specific policy regarding the retention, disposition, access, and confidentiality of the information; and
(b) if an applicant requests to see the policy described in Subsection (1)(a), provide an opportunity for the applicant to review the policy before being required to provide information as part of the initial selection process.
(2) Except to the extent required by law, an employer may not retain the information described in Subsection (1) more than two years after the day on which the applicant provides the information to the employer, if the employer does not hire the applicant within that two-year period.
(1) The division may investigate an alleged violation of this chapter.
(2)
(a) An individual claiming to be aggrieved by an action of an employer in violation of this chapter may file with the division a request for agency action.
(b) On receipt of a request for agency action under Subsection (2)(a), the division:
(i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act; and
(ii) may attempt to reach a settlement between the parties through a settlement conference.
(3)
(a) If the division determines that a violation has occurred, the division may order that the employer:
(i) cease and desist the action;
(ii) pay a fine to the division of up to $500 for a violation, regardless of the number of applicants affected by the violation; or
(iii) comply with a combination of Subsections (3)(a)(i) and (ii).
(b) Money received under this section shall be deposited as a dedicated credit to the division to pay for the costs of administering this chapter.
(4) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding:
(a) the process to file a written complaint with the division; and
(b) the terms defined in Section 34-46-102.
(1) A representative of the division may enter a place of employment during business hours to inspect a record as part of an investigation described in Section 34-46-301.
(2) An effort of an employer to obstruct the division in the performance of its duties under this section is a violation of this chapter and subject to sanctions under Section 34-46-301.
This chapter is known as the "Worker Classification Coordinated Enforcement Act."
As used in this chapter:
(1) "Commission" means the Labor Commission.
(2) "Commissioner" means the commissioner of the Labor Commission.
(3) "Council" means the Worker Classification Coordinated Enforcement Council created in Section 34-47-201.
(4) "Member agency" means an agency that is represented on the council.
(5) "Misclassification" means to classify an individual as something other than an employee, if under the relevant law the individual is required to be classified as an employee.
(1)
(a) There is created within the commission the Worker Classification Coordinated Enforcement Council consisting of the following four members:
(i) the commissioner, or the commissioner's designee;
(ii) the executive director of the Department of Commerce, or the executive director's designee;
(iii) the executive director of the Department of Workforce Services, or the executive director's designee; and
(iv) the chair of the State Tax Commission, or the chair's designee.
(b) The Office of the Attorney General shall work cooperatively with the council.
(2) The commissioner, or the commissioner's designee, is chair of the council.
(3)
(a) A majority of the council members constitutes a quorum.
(b) A vote of the majority of the council members present when a quorum is present is an action of the council.
(c) Subject to Section 34-47-202, the council shall meet at the call of the chair, except that the chair shall call a meeting at least quarterly.
(d) The council may adopt additional procedures or requirements for:
(i) voting, when there is a tie of the council members;
(ii) how meetings are to be called; and
(iii) the frequency of meetings.
(1) The council shall meet at least quarterly with the attorney general or a designee of the attorney general to coordinate regulatory and law enforcement efforts related to misclassification.
(2)
(a) The council shall submit, in accordance with Section 68-3-14, a written report by no later than September 1 of each year regarding the previous fiscal year to:
(i) the governor; and
(ii) the Business and Labor Interim Committee.
(b) The report required by this Subsection (2) shall include:
(i) the nature and extent of misclassification in this state;
(ii) the results of regulatory and law enforcement efforts related to the council;
(iii) the status of sharing information by member agencies; and
(iv) recommended legislative changes, if any.
(c) As part of the report required by this Subsection (2), the council shall provide an opportunity to the following to include in the report comments on the effectiveness of the council:
(i) the attorney general; and
(ii) each member agency.
(3) The council may study:
(a) how to reduce costs to the state resulting from misclassification;
(b) how to extend outreach and education efforts regarding the nature and requirements of classifying an individual;
(c) how to promote efficient and effective information sharing amongst the member agencies; and
(d) the need, if any, to create by statute a database or other method to facilitate sharing of information related to misclassification.
(4) A member agency shall cooperate with the commission and council to provide information related to misclassification to the extent that:
(a) the information is public information; or
(b) providing the information is otherwise permitted by law other than this chapter.
(5)
(a) A record provided to the commission or council under this chapter is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act, unless otherwise classified as private or controlled under Title 63G, Chapter 2, Government Records Access and Management Act.
(b) Notwithstanding Subsection (5)(a), the commission or council may disclose the record to the extent:
(i) necessary to take an administrative action by a member agency;
(ii) necessary to prosecute a criminal act; or
(iii) that the record is:
(A) obtainable from a source other than the member agency that provides the record to the commission or council; or
(B) public information or permitted to be disclosed by a law other than this chapter.
This chapter is known as the "Internet Employment Privacy Act."
As used in this chapter:
(1) "Adverse action" means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges.
(2) "Employer" means a person, including the state or a political subdivision of the state, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(3) "Law enforcement agency" is as defined in Section 53-1-102.
(4)
(a) "Personal Internet account" means an online account that is used by an employee or applicant exclusively for personal communications unrelated to any business purpose of the employer.
(b) "Personal Internet account" does not include an account created, maintained, used, or accessed by an employee or applicant for business related communications or for a business purpose of the employer.
An employer may not do any of the following:
(1) request an employee or an applicant for employment to disclose a username and password, or a password that allows access to the employee's or applicant's personal Internet account; or
(2) take adverse action, fail to hire, or otherwise penalize an employee or applicant for employment for failure to disclose information described in Subsection (1).
(1) This chapter does not prohibit an employer from doing any of the following:
(a) requesting or requiring an employee to disclose a username or password required only to gain access to the following:
(i) an electronic communications device supplied by or paid for in whole or in part by the employer; or
(ii) an account or service provided by the employer, obtained by virtue of the employee's employment relationship with the employer, and used for the employer's business purposes;
(b) disciplining or discharging an employee for transferring the employer's proprietary or confidential information or financial data to an employee's personal Internet account without the employer's authorization;
(c) conducting an investigation or requiring an employee to cooperate in an investigation in any of the following:
(i) if there is specific information about activity on the employee's personal Internet account, for the purpose of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or
(ii) if the employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's personal Internet account;
(d) restricting or prohibiting an employee's access to certain websites while using an electronic communications device supplied by, or paid for in whole or in part by, the employer or while using an employer's network or resources, in accordance with state and federal law; or
(e) monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device supplied by, or paid for in whole or in part by, the employer, or stored on an employer's network, in accordance with state and federal law.
(2) Conducting an investigation or requiring an employee to cooperate in an investigation as specified in Subsection (1)(c) includes requiring the employee to share the content that has been reported in order to make a factual determination.
(3) This chapter does not prohibit or restrict an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications that is established under federal law, by a self-regulatory organization under the Securities and Exchange Act of 1934, 15 U.S.C. Sec. 78c(a)(26), or in the course of a law enforcement employment application or law enforcement officer conduct investigation performed by a law enforcement agency.
(4) This chapter does not prohibit or restrict an employer from viewing, accessing, or using information about an employee or applicant that can be obtained without the information described in Subsection 34-48-201(1) or that is available in the public domain.
(1) This chapter does not create a duty for an employer to search or monitor the activity of a personal Internet account.
(2) An employer is not liable under this chapter for failure to request or require that an employee or applicant for employment grant access to, allow observation of, or disclose information that allows access to or observation of the employee's or applicant for employment's personal Internet account.
(1) A person aggrieved by a violation of this chapter may bring a civil cause of action against an employer in a court of competent jurisdiction.
(2) In an action brought under Subsection (1), if the court finds a violation of this chapter, the court shall award the aggrieved person not more than $500.
As used in this chapter:
(1) "Public employee" means a person:
(a) employed by a public employer; and
(b) who is breastfeeding.
(2) "Public employer" means the following entities:
(a) a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government;
(b) a municipality;
(c) a county;
(d) a school district; or
(e) an institution of higher education as described in Section 53H-1-102.
This part is known as "Breastfeeding in the Workplace."
(1)
(a) A public employer shall:
(i) provide for at least one year after the birth of a public employee's child reasonable breaks for each time the public employee needs to breast feed or express milk; and
(ii) consult with the public employee to determine the frequency and duration of the breaks.
(b) A break required under Subsection (1)(a) shall, to the extent possible, run concurrent with any other break period otherwise provided to the public employee.
(2)
(a) A public employer shall provide for a public employee a room or other location in close proximity to the public employee's work area.
(b) The room described in Subsection (2)(a):
(i) may not be a bathroom or toilet stall; and
(ii) shall:
(A) be maintained in a clean and sanitary condition;
(B) provide privacy shielded from the view of and intrusion from coworkers or the public;
(C) be available at the times and for a duration required by the public employee as determined in consultation with the public employee under Subsection (1)(a)(ii); and
(D) have an electrical outlet.
(c)
(i) Notwithstanding Subsection (2)(a), an employer is not required to comply with the requirements of Subsections (2)(a) and (b) if compliance would create an undue hardship on the operations of the employer.
(ii) For purposes of Subsection (2)(c)(i), an undue hardship is a requirement that would cause the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's operations.
(3)
(a) A public employer shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of the public employee's breast milk.
(b) Notwithstanding Subsection (3)(a), a public employer with a public employee not working in an office building may, in the alternative, provide a nonelectric insulated container for storage of the public employee's breast milk.
A public employer shall adopt written policies that:
(1) support breastfeeding; and
(2) identify the means by which the public employer will comply with Section 34-49-202.
A public employer may not refuse to hire, promote, discharge, demote, or terminate a person, or may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified because the person breastfeeds or expresses milk in the workplace.
This chapter is known as the "Veterans Preference in Private Employment Act."
As used in this chapter:
(1) "Department" means the Department of Veterans and Military Affairs, created in Section 71A-1-201.
(2) "Discharge document" means a document received by a service member upon separation from military service, including:
(a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;
(b) a DD 256, United States Department of Defense Honorable Discharge Certificate;
(c) a DD 257, United States General Discharge Certificate; or
(d) an NGB 22, Utah National Guard Certificate of Release or Discharge.
(3) "Preference eligible" means the same as that term is defined in Section 71A-2-101.
(4) "Private employer" means the same as that term is defined in Section 63G-12-102.
(5) "Service member" means a currently serving member of the armed forces.
(6) "Veteran" means the same as that term is defined in Section 68-3-12.5.
(1) A private sector employer may create a veterans employment preference policy.
(2) A veterans employment preference policy shall be:
(a) in writing; and
(b) applied uniformly to employment decisions regarding hiring, promotion, or retention including during a reduction in force.
(3) A private employer may require a preference eligible individual to submit a discharge document form or proof of current service in the armed forces to be eligible for the preference. If the applicant is the spouse of a veteran or service member, the employer may require that the spouse submit the veteran's discharge document or proof of current service in the armed forces.
(4) A private employer's veterans employment preference policy shall be publicly posted by the employer at the place of employment or on the Internet if the employer has a website or uses the Internet to advertise employment opportunities.
The granting of a veterans preference by a private employer in accordance with this chapter is not a violation of:
(1) Title 34A, Chapter 5, Utah Antidiscrimination Act; or
(2) any other state or local equal employment opportunity law.
The department and the Department of Workforce Services may assist, as permitted under state and federal laws governing privacy, a private employer in verifying if an applicant is:
(1) a veteran or currently serving member of the armed forces; or
(2) a spouse of a veteran or currently serving member of the armed forces.
As used in this chapter:
(1) "Broadcasting employee" means an employee of a broadcasting company.
(2) "Broadcasting company" means a person engaged in the business of:
(a) distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following:
(i) television;
(ii) cable; or
(iii) radio; or
(b) preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a).
(3) "Exempt broadcasting employee" means a broadcasting employee who is compensated on a salary basis, as defined in 29 C.F.R. Sec. 541.602, at a rate equal to or greater than the greater of:
(a) $913 per week, or an equivalent amount if calculated for a period longer than one week; or
(b) the rate at which an employee qualifies as exempt under the Fair Labor Standards Act, 29 U.S.C. Sec. 213(a) on a salary basis as defined in 29 C.F.R. Part 541.
(4) "Healthcare non-compete agreement" means an agreement between a person and a healthcare worker within which the healthcare worker agrees that, after the day on which the healthcare worker no longer works for or with the person, the healthcare worker will not engage in a service that the healthcare worker may provide under the scope of the healthcare worker's license:
(a) for a restricted period of time; or
(b) within a specific geographic area.
(5)
(a) "Healthcare worker" means an individual licensed and practicing as:
(i) an advanced practice registered nurse intern under Title 58, Chapter 31b, Nurse Practice Act;
(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;
(iii) an advanced practice registered nurse - CRNA without prescriptive practice under Title 58, Chapter 31b, Nurse Practice Act;
(iv) an associate marriage and family therapist under Section 58-60-304;
(v) a behavioral health coach under Section 58-60-603;
(vi) a behavioral health technician under Section 58-60-603;
(vii) a certified dietitian as that term is defined in Section 58-49-2;
(viii) a certified psychology resident under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act;
(ix) a certified social worker under Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
(x) a clinical mental health counselor under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act;
(xi) a clinical social worker under Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
(xii) a dentist as that term is defined in Section 58-69-102;
(xiii) a genetic counselor as that term is defined in Section 58-75-102;
(xiv) a licensed assistant behavior analyst under Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act;
(xv) a licensed behavior analyst under Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act;
(xvi) a licensed massage therapist as that term is defined in Section 58-47b-102;
(xvii) a licensed practical nurse under Title 58, Chapter 31b, Nurse Practice Act;
(xviii) a marriage and family therapist under Section 58-60-304;
(xix) a medication aide certified as that term is defined in Section 58-31b-102;
(xx) a mental health therapist as that term is defined in Section 58-60-102;
(xxi) a naturopathic physician as that term is defined in Section 58-71-102;
(xxii) a nurse midwife as that term is defined in Section 58-44a-102;
(xxiii) an optometrist as that term is defined in Section 58-16a-102;
(xxiv) a physical therapist under Section 58-24b-302;
(xxv) a physician as that term is defined in Section 58-68-102;
(xxvi) a physician assistant as that term is defined in Section 58-70a-102;
(xxvii) a psychologist under Section 58-61-301;
(xxviii) a podiatric physician under Section 58-5a-301;
(xxix) a radiology practitioner as that term is defined in Section 58-54-102;
(xxx) a registered nurse under Title 58, Chapter 31b, Nurse Practice Act;
(xxxi) a respiratory care practitioner as that term is defined in Section 58-57-2;
(xxxii) a social service worker under Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
(xxxiii) a substance use disorder counselor under Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act.
(b) "Healthcare worker" does not include an individual:
(i) who holds a license described in Subsection (5)(a)(i) through (xxxiii); and
(ii) whose employment or contractual agreement does not require or involve practicing under the scope of the individual's license.
(6) "Nondisclosure clause" means an agreement, between a person and an individual who works for or with the person, that prevents, or has the effect of preventing, the individual from disclosing or discussing information the individual learned as a result of the individual working for or with the person.
(7) "Nonsolicitation agreement" means an agreement, between a person and an individual who works for or with the person, in which the individual agrees that on or after the day on which the individual no longer works for or with the person, the individual will not solicit the person's clients, customers, or employees.
(8)
(a) "Non-compete agreement" means an agreement, written or oral, between an employer and employee under which the employee agrees that on or after the day on which the employer no longer employs the employee, the employee, either alone or as an employee of another person, will not compete with the employer in providing a product, process, or service that is similar to the employer's product, process, or service.
(b) "Non-compete agreement" does not include:
(i) a nonsolicitation agreement;
(ii) a nondisclosure agreement; or
(iii) a confidentiality agreement.
(9) "Sale of a business" means a transfer of the ownership by sale, acquisition, merger, or other method of the tangible or intangible assets of a business entity, or a division or segment of the business entity.
(10) "Veterinarian" means the same as that term is defined in Section 58-28-102.
(11) "Veterinarian non-compete agreement" means an agreement between a veterinarian and a person under which the veterinarian agrees that after the day on which the veterinarian no longer works for or with the person, the veterinarian will not:
(a) compete with the person in providing a product, process, or service that is similar to the person's product, process, or service; or
(b) work within a specific geographic area.
(1)
(a) Except as provided in Subsection (2) and in addition to any requirements imposed under common law, for a non-compete agreement entered into on or after May 10, 2016, an employer and an employee may not enter into a non-compete agreement for a period of more than one year from the day on which the employee is no longer employed by the employer.
(b) On or after May 6, 2026, a person and a healthcare worker may not enter into a healthcare non-compete agreement.
(c) A non-compete agreement that violates this Subsection (1) is void.
(2)
(a) Subject to Subsection (2)(b), a non-compete agreement between a broadcasting company and a broadcasting employee is valid only if:
(i) the broadcasting employee is an exempt broadcasting employee;
(ii) the non-compete agreement is part of a written employment contract of reasonable duration, based on industry standards, the position, the broadcasting employee's experience, geography, and the parties' unique circumstances; and
(iii)
(A) the broadcasting company terminates the broadcasting employee for cause; or
(B) the broadcasting employee breaches the employment contract in a manner that results in the broadcasting employee no longer being employed by the broadcasting company.
(b) A non-compete agreement described in Subsection (2)(a) is enforceable for no longer than the earlier of:
(i) one year after the day on which the broadcasting employee is no longer employed by the broadcasting company; or
(ii) the day on which the original term of the employment contract containing the non-compete agreement ends.
(c) A non-compete agreement between a broadcasting company and a broadcasting employee that does not comply with this Subsection (2) is void.
(3)
(a) Subject to Subsection (3)(b), on or after May 6, 2026, a person and a veterinarian may not enter into a veterinarian non-compete agreement.
(b) Subsection (3)(a) does not apply if the veterinarian has at least a 5% ownership interest in the person's business.
(c) A veterinarian non-compete agreement that violates this Subsection (3) is void.
(4) If a provision in a veterinarian non-compete agreement entered into on or after May 6, 2026, requires that the parties to a dispute arising under the veterinarian non-compete agreement resolve the dispute in a forum outside of this state, the provision:
(a) is void and unenforceable; and
(b) is considered against the public policy of this state.
(5) Nothing in this section affects an agreement that is not a:
(a) non-compete agreement;
(b) healthcare non-compete agreement; or
(c) veterinarian non-compete agreement.
(1) This chapter does not prohibit:
(a) a reasonable severance agreement mutually and freely agreed upon in good faith at or after the time of termination that includes a non-compete agreement or a healthcare non-compete agreement; or
(b) a non-compete agreement or a healthcare non-compete agreement related to or arising out of the sale of a business, if the individual subject to the non-compete agreement or healthcare non-compete agreement receives value related to the sale of the business.
(2) Notwithstanding Subsection (1)(a), a severance agreement remains subject to any requirements imposed under common law.
(1) On or after May 6, 2026, a person and a healthcare worker may not enter into nonsolicitation agreement that prevents a healthcare worker from informing a patient of any of the following:
(a) the healthcare worker's current place of employment; or
(b) the healthcare worker's future place of employment.
(2) A nonsolicitation agreement that violates Subsection (1) is void.
(1) On or after May 6, 2026, a person and a veterinarian may not enter into a nondisclosure clause in which the individual agrees to not disclose or discuss the individual's experience working for or with the person.
(2) A nondisclosure clause that violates this section is void.
(1) On or after May 6, 2026, a person and a veterinarian may not enter into a nonsolicitation agreement.
(2) A nonsolicitation agreement that violates this section is void.
If an employer seeks to enforce a non-compete agreement, healthcare non-compete agreement, nondisclosure clause, or nonsolicitation agreement through arbitration or by filing a civil action and it is determined that the non-compete agreement, healthcare non-compete agreement, nondisclosure clause, or nonsolicitation agreement is unenforceable, the employer is liable for the employee's:
(1) costs associated with arbitration;
(2) attorney fees and court costs; and
(3) actual damages.
This chapter is known as "Reducing Barriers to Employment for Individuals with Criminal Records."
As used in this chapter:
(1) "Applicant" means an individual who provides information to a public employer or private employer for the purpose of obtaining employment.
(2)
(a) "Criminal conviction" means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge.
(b) "Criminal conviction" does not include an expunged criminal conviction.
(3) "Juvenile adjudication" means:
(a) a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or
(b) an admission or plea of no contest under Section 80-6-306.
(4) "Mental health professional applicant" means an individual who:
(a) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and
(b) provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act.
(5)
(a) "Private employer" means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(b) "Private employer" does not include a public employer.
(6) "Public employer" means an employer that is:
(a) the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government;
(b) a state institution of higher education; or
(c) a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state.
(1) Except as provided in Subsections (3) and (6), a public employer may not:
(a) exclude an applicant from an initial interview because of:
(i) a past criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or a juvenile adjudication; or
(ii) if the applicant is a mental health professional applicant, an arrest for an offense that occurred before the applicant was 18 years old;
(b) make an inquiry related to an applicant's expunged criminal or juvenile delinquency history;
(c) when making a hiring decision regarding a mental health professional applicant, consider:
(i) an arrest for an offense that occurred before the mental health professional applicant was 18 years old;
(ii) an arrest not followed by a criminal conviction or juvenile adjudication;
(iii) a juvenile adjudication; or
(iv) a past criminal conviction if:
(A) the sentence for the criminal conviction is terminated; and
(B) the mental health professional applicant was not incarcerated for the past criminal conviction or the mental health professional applicant's incarceration for the past criminal conviction ended at least three years before the day on which the mental health professional applicant applied for employment; or
(d) deny a mental health professional applicant employment based on a past criminal conviction that does not bear a direct relationship to the mental health professional applicant's ability to safely or competently perform the duties of employment.
(2) A public employer excludes an applicant from an initial interview under Subsection (1) if the public employer:
(a) requires an applicant to disclose a criminal conviction or juvenile adjudication:
(i) on an employment application;
(ii) before an initial interview; or
(iii) if no interview is conducted, before making a conditional offer of employment; or
(b) requires an applicant who is a mental health professional applicant to disclose an arrest for an offense that occurred before the applicant was 18 years old:
(i) on an employment application;
(ii) before an initial interview; or
(iii) if no interview is conducted, before making a conditional offer of employment.
(3) A public employer may not deny a mental health professional applicant employment that requires the mental health professional applicant to provide substance use treatment based on:
(a) the mental health professional applicant's participation in substance use treatment; or
(b) a past criminal conviction for a nonviolent drug offense if:
(i) the sentence for the criminal conviction is terminated; and
(ii)
(A) the mental health professional applicant was not incarcerated for the past criminal conviction; or
(B) the mental health professional applicant's incarceration for the past criminal conviction ended at least three years before the day on which the mental health professional applicant applied for employment.
(4) An applicant seeking employment from a public employer may answer a question related to an expunged criminal or juvenile delinquency record as though the action underlying the expunged criminal or juvenile delinquency record never occurred.
(5) Except as provided in Subsections (1) through (3), this section does not prevent a public employer from:
(a) asking an applicant for information about an applicant's criminal conviction or juvenile delinquency history during an initial interview or after an initial interview; or
(b) considering an applicant's criminal conviction or juvenile delinquency history when making a hiring decision.
(6)
(a) Subsections (1) through (4) do not apply:
(i) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or juvenile delinquency history;
(ii) to a public employer that is a law enforcement agency;
(iii) to a public employer that is part of the criminal or juvenile justice system;
(iv) to a public employer seeking a nonemployee volunteer;
(v) to a public employer that works with children or vulnerable adults;
(vi) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
(vii) to the State Tax Commission;
(viii) to a public employer whose primary purpose is performing financial or fiduciary functions; or
(ix) to a public transit district hiring or promoting an individual for a safety sensitive position described in Section 17B-2a-825.
(b) Subsections (1)(c)(iv) and (1)(d) do not apply to a criminal conviction for:
(i) a violent felony as defined in Section 76-3-203.5; or
(ii) a felony related to a criminal sexual act under:
(A) Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-419, or 76-5-420; or
(B) Title 76, Chapter 5b, Sexual Exploitation Act.
(c) Subsections (1)(a)(ii), (1)(c), (1)(d), and (3) apply to a person under contract with a public employer.
An applicant seeking employment from a private employer may answer a question related to an expunged criminal or juvenile delinquency record as though the action underlying the expunged criminal or juvenile delinquency record never occurred.
(1) Except as provided in Subsection (4), a private employer may not exclude a mental health professional applicant from an initial interview because of:
(a) an arrest for an offense that occurred before the mental health professional applicant was 18 years old;
(b) a juvenile adjudication; or
(c) an expunged criminal offense.
(2) A private employer excludes a mental health professional applicant from an initial interview under Subsection (1) if the private employer requires the mental health professional applicant to disclose an arrest for an offense that occurred before the mental health professional applicant was 18 years old, a juvenile adjudication, or an expunged criminal offense:
(a) on an employment application;
(b) before an initial interview; or
(c) if no interview is conducted, before making a conditional offer of employment.
(3) Except as provided in Subsections (1) and (2), this section does not prevent a private employer from:
(a) asking a mental health professional applicant for information about the mental health professional applicant's criminal conviction history during an initial interview or after an initial interview; or
(b) considering a mental health professional applicant's criminal conviction history when making a hiring decision.
(4) Subsections (1) and (2) do not apply:
(a) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction history;
(b) to a private employer that is part of the criminal or juvenile justice system;
(c) to a private employer seeking a nonemployee volunteer;
(d) to a private employer that works with children or vulnerable adults; or
(e) to a private employer whose primary purpose is performing financial or fiduciary functions.
This chapter is known as "Service Marketplace Platforms Act."
As used in this chapter:
(1) "Building service" means any of the following services, if the charge for the service is $3,000 or less:
(a) cleaning or janitorial;
(b) furniture delivery, assembly, moving, or installation;
(c) landscaping;
(d) home repair; or
(e) any service similar to the services described in Subsections (1)(a) through (d).
(2) "Building service contractor" means a person who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking a building service.
(3) "Daycare provider" means an individual who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking daycare service.
(4) "Daycare service" means a paid service provided by an individual:
(a) for the supervision and care of one or more children; and
(b) during a period of time where the parent or guardian of the child is not present.
(5) "Service marketplace platform" means an entity that:
(a) uses an Internet-connected software platform, including a mobile application:
(i) to connect building service contractors with customers seeking a building service; and
(ii) through which a customer may request a building service; and
(b) charges the building service contractor a fee to use the software platform.
(1) A building service contractor may affiliate with a service marketplace platform as an independent contractor or as an employee.
(2)
(a) There is a presumption that a building service contractor who affiliates with a service marketplace platform is an independent contractor of the service marketplace platform, unless there is clear and convincing evidence that the parties intended the building service contractor to be an employee.
(b) The presumption described in Subsection (2)(a) extends to each act the building service contractor performs in connection with a request for a building service placed through the service marketplace platform.
(1) A daycare provider may affiliate with a service marketplace platform as an independent contractor or as an employee.
(2)
(a) There is a presumption that a daycare provider who affiliates with a service marketplace platform is an independent contractor of the service marketplace platform, unless there is clear and convincing evidence that the parties intended the daycare provider to be an employee.
(b) The presumption described in Subsection (2)(a) extends to each act the daycare provider performs in connection with a service request placed through the service marketplace platform.
This chapter is known as "Remote Service Marketplace Platforms Act."
As used in this chapter:
(1) "Digital application" means an Internet-connected software application that a person uses to obtain or provide a remote service.
(2) "Marketplace company" means a person that:
(a) offers a digital application to the public; and
(b) accepts requests for remote services exclusively through the person's digital application.
(3)
(a) "Remote service" means a service that a person performs remotely through a digital application.
(b) "Remote service" includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application.
(4) "Remote-service contractor" means a person who uses a marketplace company's digital application to provide a remote service to another person.
(1) A remote-service contractor is not an employee of a marketplace company, if under the agreement between the remote-service contractor and the marketplace company and in fact:
(a) all or substantially all of the work the remote-service contractor performs under the agreement:
(i) is on a per-job or per-transaction basis; and
(ii) the remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis;
(b) the marketplace company does not:
(i) prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service;
(ii) prescribe a specific location where the remote-service contractor must be available to perform a remote service; or
(iii) restrict the remote-service contractor from engaging in another occupation or business; and
(c) except for the use of the marketplace company's digital application, the remote-service contractor is responsible for providing the necessary tools, materials, and equipment to perform a remote service a person requests through the marketplace company's digital application.
(2) A marketplace company's act of screening or training a remote-service contractor does not affect the remote-service contractor's employment status under this chapter.
This chapter is known as "Promotion of Student Loan Forgiveness Programs Act."
As used in this chapter:
(1) "Division" means the Division of Antidiscrimination and Labor in the commission.
(2)
(a) "Employer" means, except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals.
(b) "Employer" does not include:
(i) a federal or tribal government organization, agency, or entity; or
(ii) a tribal college or university.
(3) "Employment certification form" means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program.
(4) "LEA" means a school district, a charter school, or the Utah Schools for the Deaf and the Blind.
(5) "Public Service Loan Forgiveness Program" means the Public Service Loan Forgiveness Program described in 34 C.F.R. 685.219.
(6) "Public service organization" means the same as that term is defined in 34 C.F.R. 685.219.
(7) "Student loan forgiveness program" means:
(a) the Public Service Loan Forgiveness Program; or
(b) the Teacher Loan Forgiveness Program.
(8) "Teacher" means the same as that term is defined in 34 C.F.R. 685.217.
(9) "Teacher Loan Forgiveness Program" means the Teacher Loan Forgiveness Program described in 34 C.F.R. 685.217.
(1) For each student loan forgiveness program, the division shall develop a set of informational materials designed to increase awareness of the program among eligible residents of the state.
(2) In each set of informational materials described in Subsection (1), the division shall include:
(a) a one-page form letter for an employer to give to an employee who may be eligible for the loan forgiveness program that:
(i) briefly summarizes the loan forgiveness program;
(ii) describes each step the employee must take to participate in the loan forgiveness program; and
(iii) recommends the employee contact the employee's student loan servicer for additional information about the loan forgiveness program; and
(b) a document that contains answers to frequently asked questions about the loan forgiveness program.
(3) The division may use information published by a federal agency to satisfy any requirement of Subsection (1) or (2).
(4) The division shall:
(a) make each set of informational materials described in this section available on the division's website; and
(b) ensure that each set of informational materials described in this section contains current and accurate information.
(1)
(a) At least once each calendar year, an employer shall give each of the employer's employees an electronic copy of the set of informational materials that the division develops in accordance with Section 34-54-201 for the Public Service Loan Forgiveness Program.
(b) An employer shall give each employee hired on or after July 1, 2019, an electronic copy of the materials described in Subsection (1)(a) within 14 days after the day on which the employee begins work for the employer.
(2) Upon request from an employee, an employer shall complete the employer portions of an employment certification form and provide a copy of the employment certification form to the employee.
(1)
(a) At least once each calendar year, an LEA shall give each of the LEA's teachers an electronic copy of the set of informational materials that the division develops in accordance with Section 34-54-201 for the Teacher Loan Forgiveness Program.
(b) An LEA shall give each teacher hired on or after July 1, 2019, an electronic copy of the materials described in Subsection (1)(a) within 14 days after the day on which the teacher begins work for the LEA.
(2) An LEA's obligations under this section are in addition to the other requirements of this chapter.
This chapter is known as "Emergency Services Volunteer Employment Protection Act."
(1) "Emergency" means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster.
(2) "Emergency services volunteer" means:
(a) a volunteer firefighter as defined in Section 49-16-102;
(b) an individual licensed under Section 53-2d-402; or
(c) an individual mobilized as part of a posse comitatus.
(3) "Employer" means a person, including the state or a political subdivision of the state, that has one or more workers employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(4) "Public safety agency" means a governmental entity that provides fire protection, law enforcement, ambulance, medical, or other emergency services.
(1)
(a) An employer may not terminate the employment of an employee solely for being an emergency services volunteer.
(b) An employer may not terminate the employment of an employee who is an emergency services volunteer for being absent from or late to work, if at the time the employee is absent from or late to work the employee is responding to an emergency as an emergency services volunteer.
(2) An employer may reduce the regular pay of an employee who is an emergency services volunteer for time the employee misses work because the employee is responding to an emergency as an emergency services volunteer.
(3) An employer may request that an employee who is an emergency services volunteer and misses time from work to respond to an emergency provide the employer with a written statement that:
(a) is from the supervisor or acting supervisor of the employee when the employee is in the course of performing duties as an emergency services volunteer;
(b) states that the employee responded to an emergency; and
(c) states the time and date of the employee's service as an emergency services volunteer.
(4)
(a) Except as provided in Subsection (4)(b), if an employee who is an emergency services volunteer responds to an emergency as an emergency services volunteer, the employee shall make a reasonable effort to notify the employee's employer of any absence from or tardiness to work because of that response.
(b) If an employee is an emergency services volunteer and is a full-time employee of a public safety agency, the employee shall, before responding to an emergency, obtain permission from the employee's public safety agency employer to respond to the emergency.
(1) If an employer terminates an employee in violation of this chapter, the employee may bring a civil action against the employer within one year after the day on which the employer terminates the employee.
(2) In a civil action described in Subsection (1), the court may order the employer to:
(a) reinstate the employee in the employee's former position, including any fringe benefits or seniority rights; or
(b) pay the employee back wages.
As used in this chapter:
(1)
(a) "Adverse action" means:
(i) an action that results in:
(A) the refusal to hire a potential employee; or
(B) the termination of employment, demotion, or reduction of wages of an employee; or
(ii) a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee.
(b) "Adverse action" does not include an employer's reassignment of an employee, if the employee's COVID-19 vaccination status is not the only reason for the reassignment.
(2) "COVID-19 vaccine" means a substance that is:
(a)
(i) approved for use by the United States Food and Drug Administration; or
(ii) authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
(b) injected into or otherwise administered to an individual; and
(c) intended to immunize an individual against COVID-19 as defined in Section 78B-4-517.
(3) "COVID-19 vaccination status" means the state of whether an individual has received a COVID-19 vaccine.
(4) "Employee" means an individual suffered or permitted to work by an employer.
(5)
(a) Except as provided in Subsection (5)(c), "employer" means the same as that term is defined in Section 34A-6-103.
(b) Except as provided in Subsection (5)(c), "employer" includes a federal contractor.
(c) "Employer" does not include:
(i) a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, during the period that the regulation is in effect; or
(ii) a health care provider, as defined in Section 78B-3-403, that is a participating provider for the Centers for Medicare and Medicaid Services.
(6) "Governmental entity" means:
(a) an executive branch agency as defined in Section 63A-16-102;
(b) the legislative branch;
(c) the judicial branch;
(d) the State Board of Education;
(e) the Utah Board of Higher Education;
(f) an institution of higher education; and
(g) a political subdivision of the state:
(i) as defined in Section 17B-1-102; and
(ii) including a school district.
(7) "Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
(8) "Physician" means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(9) "Physician assistant" means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(10) "Primary care provider" means a nurse practitioner, physician, or physician assistant.
(11) "Workplace" means the same as that term is defined in Section 34A-6-103.
If a requirement imposed on an employer under this chapter substantially impairs the fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the requirement does not apply to the employer.
(1)
(a) Except as provided in Subsection (1)(b), an employer who requires an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccine shall exempt the employee or prospective employee from the requirement if the employee or prospective employee submits to the employer:
(i) a statement that receiving a COVID-19 vaccine would:
(A) be injurious to the health and well-being of the employee or prospective employee;
(B) conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; or
(C) conflict with a sincerely held personal belief of the employee or prospective employee; or
(ii) a letter from the employee or prospective employee's primary care provider stating that the employee or prospective employee was previously infected by COVID-19.
(b) An employer may require an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccination without providing an exemption described in Subsection (1)(a), if:
(i)
(A) the employer establishes a nexus between the requirement and the employee's assigned duties and responsibilities; or
(B) the employer identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee's duties and responsibilities; and
(ii) reassignment of the employee is not practical.
(c)
(i) An employer may not keep or maintain a record or copy of an employee's proof of vaccination, unless:
(A) otherwise required by law; or
(B) an established business practice or industry standard requires otherwise.
(ii) Subsection (1)(c)(i) does not prohibit an employer from verbally asking an employee to voluntarily disclose whether the employee is vaccinated.
(2)
(a) An employer shall pay for all COVID-19 testing an employee receives in relation to or as a condition of the employee's presence at the workplace.
(b) An employer may not keep or maintain a record or copy of an employee's COVID-19 test results, unless otherwise required by law.
(3) An employer may not take an adverse action against an employee because of an act the employee makes in accordance with this chapter.
As used in this chapter:
(1) "Hiring party" means a person who hires or enters into a contract with an independent contractor.
(2) "Independent contractor" means the same as that term is defined in Section 34A-2-103.
(3) "Portable benefit plan" means a group that:
(a) offers an insurance product regulated by:
(i) Title 31A, Insurance Code; or
(ii) Title 35A, Chapter 4, Employment Security Act; and
(b) is assigned to an individual beneficiary and is not associated with a specific employer or hiring party.
(1) A governmental entity or private entity may offer a portable benefit plan.
(2) Contributions to a portable benefit plan:
(a) shall be voluntary; and
(b) may not be used as a criterion for determining a person's employment classification.
(3) If an Internet or application-based company contributes to a portable benefit plan for the benefit of an individual beneficiary:
(a) the contribution is not evidence of employer liability; and
(b) a court may not construe the contribution as an element of an employment relationship for purposes of:
(i) Title 34A, Chapter 2, Workers' Compensation Act; or
(ii) Title 35A, Chapter 4, Employment Security Act.
Connect Omnilex to search the legal corpus from your AI assistant.