Utah Code § 34-28-3 — Utah Code / Title 34 / Chapter 34-28 / § 34-28-3
§ 34-28-3. Regular paydays -- Currency or negotiable checks required -- Deposit in financial institution -- Statement of total deductions -- Unlawful withholding or diversion of wages.
Status: in_force

(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.
Utah Code § 34-39-3 — Utah Code / Title 34 / Chapter 34-39 / § 34-39-3
§ 34-39-3. Scope of act -- When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions -- Exceptions.
Status: in_force

(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.
Utah Code § 34-23-501 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-501
§ 34-23-501. Definitions.
Status: in_force

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.
Utah Code § 34-49-102 — Utah Code / Title 34 / Chapter 34-49 / § 34-49-102
§ 34-49-102. Definitions.
Status: in_force

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.
Utah Code § 34-53-101 — Utah Code / Title 34 / Chapter 34-53 / § 34-53-101
§ 34-53-101. Title.
Status: in_force

This chapter is known as "Service Marketplace Platforms Act."
Utah Code § 34-20-2 — Utah Code / Title 34 / Chapter 34-20 / § 34-20-2
§ 34-20-2. Definitions.
Status: in_force

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.
Utah Code § 34-23-303 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-303
§ 34-23-303. Civil action allowed.
Status: in_force

(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.
Utah Code § 34-34-8 — Utah Code / Title 34 / Chapter 34-34 / § 34-34-8
§ 34-34-8. Employer not to require union membership.
Status: in_force

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.
Utah Code § 34-23-102 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-102
§ 34-23-102. Chapter to be liberally construed.
Status: in_force

When this chapter, or any part or section of it, is interpreted by a court, it shall be liberally construed by that court.
Utah Code § 34-32-1 — Utah Code / Title 34 / Chapter 34-32 / § 34-32-1
§ 34-32-1. Assignments to labor unions -- Effect.
Status: in_force

(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.
Utah Code § 34-19-9 — Utah Code / Title 34 / Chapter 34-19 / § 34-19-9
§ 34-19-9. Injunctive relief -- Contempt -- Rights of accused.
Status: in_force

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.
Utah Code § 34-20-13 — Utah Code / Title 34 / Chapter 34-20 / § 34-20-13
§ 34-20-13. Right to strike.
Status: in_force

This chapter does not interfere with, impede, or diminish in any way the right to strike.
Utah Code § 34-34-7 — Utah Code / Title 34 / Chapter 34-34 / § 34-34-7
§ 34-34-7. Compelling person to join or not join labor union unlawful.
Status: in_force

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.
Utah Code § 34-23-203 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-203
§ 34-23-203. Permitted occupations for minors 16 or older.
Status: in_force

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.
Utah Code § 34-23-402 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-402
§ 34-23-402. Violation -- Criminal penalty.
Status: in_force

(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.
Utah Code § 34-19-11 — Utah Code / Title 34 / Chapter 34-19 / § 34-19-11
§ 34-19-11. "Labor dispute" defined.
Status: in_force

(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.
Utah Code § 34-40-102 — Utah Code / Title 34 / Chapter 34-40 / § 34-40-102
§ 34-40-102. Definitions -- Joint employees -- Franchisors.
Status: in_force

(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.
Utah Code § 34-23-205 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-205
§ 34-23-205. Permitted occupations for minors 12 or older.
Status: in_force

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.
Utah Code § 34-44-103 — Utah Code / Title 34 / Chapter 34-44 / § 34-44-103
§ 34-44-103. Jurisdiction in courts.
Status: in_force

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.
Utah Code § 34-29-12 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-12
§ 34-29-12. Register of applicants to be kept -- Open for inspection.
Status: in_force

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.
Utah Code § 34-19-10 — Utah Code / Title 34 / Chapter 34-19 / § 34-19-10
§ 34-19-10. Injunctive relief -- Contempt -- Penalty.
Status: in_force

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.
Utah Code § 34-23-103 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-103
§ 34-23-103. Definitions.
Status: in_force

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.
Utah Code § 34-38-2 — Utah Code / Title 34 / Chapter 34-38 / § 34-38-2
§ 34-38-2. Definitions.
Status: in_force

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.
Utah Code § 34-28-4 — Utah Code / Title 34 / Chapter 34-28 / § 34-28-4
§ 34-28-4. Notice of paydays -- Failure to notify a misdemeanor.
Status: in_force

(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.
Utah Code § 34-50-102 — Utah Code / Title 34 / Chapter 34-50 / § 34-50-102
§ 34-50-102. Definitions.
Status: in_force

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.
Utah Code § 34-57-101 — Utah Code / Title 34 / Chapter 34-57 / § 34-57-101
§ 34-57-101. Definitions.
Status: in_force

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.
Utah Code § 34-29-9 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-9
§ 34-29-9. Commission to be returned if employment not secured.
Status: in_force

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.
Utah Code § 34-51-102 — Utah Code / Title 34 / Chapter 34-51 / § 34-51-102
§ 34-51-102. Definitions.
Status: in_force

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.
Utah Code § 34-41-102 — Utah Code / Title 34 / Chapter 34-41 / § 34-41-102
§ 34-41-102. Governmental drug-free workplace policies.
Status: in_force

(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.
Utah Code § 34-28-9.5 — Utah Code / Title 34 / Chapter 34-28 / § 34-28-9.5
§ 34-28-9.5. Private cause of action.
Status: in_force

(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.
Utah Code § 34-40-201 — Utah Code / Title 34 / Chapter 34-40 / § 34-40-201
§ 34-40-201. Recordkeeping.
Status: in_force

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.
Utah Code § 34-45-105 — Utah Code / Title 34 / Chapter 34-45 / § 34-45-105
§ 34-45-105. Cause of action for noncompliance -- Remedies.
Status: in_force

(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.
Utah Code § 34-54-102 — Utah Code / Title 34 / Chapter 34-54 / § 34-54-102
§ 34-54-102. Definitions.
Status: in_force

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.
Utah Code § 34-34-13 — Utah Code / Title 34 / Chapter 34-34 / § 34-34-13
§ 34-34-13. Damages for denial or deprivation of continuation of employment.
Status: in_force

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.
Utah Code § 34-29-18 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-18
§ 34-29-18. Copies of laws to be posted.
Status: in_force

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.
Utah Code § 34-44-203 — Utah Code / Title 34 / Chapter 34-44 / § 34-44-203
§ 34-44-203. Revocable offer of commission.
Status: in_force

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.
Utah Code § 34-40-205 — Utah Code / Title 34 / Chapter 34-40 / § 34-40-205
§ 34-40-205. Civil action allowed.
Status: in_force

(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.
Utah Code § 34-23-201 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-201
§ 34-23-201. Employment of minors in hazardous occupations prohibited -- Exceptions.
Status: in_force

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.
Utah Code § 34-34-16 — Utah Code / Title 34 / Chapter 34-34 / § 34-34-16
§ 34-34-16. Right to bargain collectively not denied.
Status: in_force

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.
Utah Code § 34-47-202 — Utah Code / Title 34 / Chapter 34-47 / § 34-47-202
§ 34-47-202. Duties and powers of the council.
Status: in_force

(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.
Utah Code § 34-29-1 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-1
§ 34-29-1. License required -- Agencies for teachers excepted.
Status: in_force

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.
Utah Code § 34-38-15 — Utah Code / Title 34 / Chapter 34-38 / § 34-38-15
§ 34-38-15. No physician-patient relationship created.
Status: in_force

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.
Utah Code § 34-23-301 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-301
§ 34-23-301. Minimum hourly wages.
Status: in_force

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.
Utah Code § 34-41-107 — Utah Code / Title 34 / Chapter 34-41 / § 34-41-107
§ 34-41-107. No physician-patient relationship created.
Status: in_force

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.
Utah Code § 34-29-15 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-15
§ 34-29-15. False statements -- Failure to keep registers -- Other violations -- Penalty.
Status: in_force

(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.
Utah Code § 34-47-101 — Utah Code / Title 34 / Chapter 34-47 / § 34-47-101
§ 34-47-101. Title.
Status: in_force

This chapter is known as the "Worker Classification Coordinated Enforcement Act."
Utah Code § 34-47-201 — Utah Code / Title 34 / Chapter 34-47 / § 34-47-201
§ 34-47-201. Creation.
Status: in_force

(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.
Utah Code § 34-23-207 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-207
§ 34-23-207. Permitted occupations with no specific age limitations or restrictions.
Status: in_force

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.
Utah Code § 34-34-6 — Utah Code / Title 34 / Chapter 34-34 / § 34-34-6
§ 34-34-6. Conduct forcing violation of act illegal -- Peaceful and orderly solicitation excepted.
Status: in_force

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.
Utah Code § 34-29-17 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-17
§ 34-29-17. Religious or charitable associations excepted from chapter.
Status: in_force

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.
Utah Code § 34-44-101 — Utah Code / Title 34 / Chapter 34-44 / § 34-44-101
§ 34-44-101. Title.
Status: in_force

This chapter is known as the "Sales Representative Commission Payment Act."
Utah Code § 34-52-302 — Utah Code / Title 34 / Chapter 34-52 / § 34-52-302
§ 34-52-302. Private employer requirements when hiring a mental health professional.
Status: in_force

(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.
Utah Code § 34-51-203 — Utah Code / Title 34 / Chapter 34-51 / § 34-51-203
§ 34-51-203. Nonsolicitation agreements.
Status: in_force

(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.
Utah Code § 34-20a-9 — Utah Code / Title 34 / Chapter 34-20a / § 34-20a-9
§ 34-20a-9. Board of arbitration -- Determination -- Final and binding -- Exception -- Expense.
Status: in_force

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.
Utah Code § 34-29-16 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-16
§ 34-29-16. Action on bond -- Brought in name of injured party.
Status: in_force

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.
Utah Code § 34-19-2 — Utah Code / Title 34 / Chapter 34-19 / § 34-19-2
§ 34-19-2. Injunctive relief prohibited in certain cases.
Status: in_force

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.
Utah Code § 34-49-202 — Utah Code / Title 34 / Chapter 34-49 / § 34-49-202
§ 34-49-202. Reasonable breaks and private room required.
Status: in_force

(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.
Utah Code § 34-23-502 — Utah Code / Title 34 / Chapter 34-23 / § 34-23-502
§ 34-23-502. Minors employed as performers -- Trust required -- Cause of action.
Status: in_force

(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.
Utah Code § 34-38-7 — Utah Code / Title 34 / Chapter 34-38 / § 34-38-7
§ 34-38-7. Employer's written testing policy -- Purposes and requirements for collection and testing -- Employer's use of test results.
Status: in_force

(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.
Utah Code § 34-50-105 — Utah Code / Title 34 / Chapter 34-50 / § 34-50-105
§ 34-50-105. Verification of eligibility.
Status: in_force

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.
Utah Code § 34-29-19 — Utah Code / Title 34 / Chapter 34-29 / § 34-29-19
§ 34-29-19. Deceptive or duplicate orders for employees -- Liability to applicants.
Status: in_force

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.
Utah Code § 34-34-15 — Utah Code / Title 34 / Chapter 34-34 / § 34-34-15
§ 34-34-15. Existing contracts -- Chapter applicable upon renewal or extension.
Status: in_force

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.
Utah Code § 34-53-201 — Utah Code / Title 34 / Chapter 34-53 / § 34-53-201
§ 34-53-201. Independent contractor presumption -- Building service contractor.
Status: in_force

(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.
Utah Code § 34-26-3 — Utah Code / Title 34 / Chapter 34-26 / § 34-26-3
§ 34-26-3. Claim -- Exceptions -- Contest.
Status: in_force

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.
Utah Code § 34-20a-2 — Utah Code / Title 34 / Chapter 34-20a / § 34-20a-2
§ 34-20a-2. Definitions.
Status: in_force

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.