reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34 - Labor in General › Chapter 45 - Protection of Activities in Private Vehicles › Section 102 - Definitions.

34-45-102.
Definitions.
As used in this chapter:
(1) "Firearm" has the same meaning as provided in Section 76-10-501.
(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.
Enacted by Chapter 379, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 45 - Protection of Activities in Private Vehicles › Section 103 - Protection of certain activities -- Firearms -- Free exercise of religion.

Effective 5/13/2014
34-45-103.
Protection of certain activities -- Firearms -- Free exercise of religion.
(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).
Amended by Chapter 251, 2014 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 45 - Protection of Activities in Private Vehicles › Section 104 - Protection from liability.

34-45-104.
Protection from liability.
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.
Enacted by Chapter 379, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 45 - Protection of Activities in Private Vehicles › Section 105 - Cause of action for noncompliance -- Remedies.

34-45-105.
Cause of action for noncompliance -- Remedies.
(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.
Enacted by Chapter 379, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 45 - Protection of Activities in Private Vehicles › Section 106 - Enforcement by attorney general.

34-45-106.
Enforcement by attorney general.
(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.
Enacted by Chapter 379, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 45 - Protection of Activities in Private Vehicles › Section 107 - Exemptions -- Limitations on chapter -- School premises -- Government entities -- Religious organizations -- Single family detached residential units.

Effective 5/10/2016
34-45-107.
Exemptions -- Limitations on chapter -- School premises -- Government entities -- Religious organizations -- Single family detached residential units.
(1)
(a) School premises, as defined in Subsection 76-3-203.2(1), are exempt from the provisions of this chapter.
(b) Possession of a firearm on or about school premises is subject to the provisions of Section 76-10-505.5.
(2) Government entities, including a local authority or state entity, are subject to the requirements of Title 53, Chapter 5a, Firearm 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).
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 46 - Employment Selection Procedures Act › Part 1 - General Provisions › Section 102 - Definitions.

34-46-102.
Definitions.
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.
Amended by Chapter 218, 2010 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 46 - Employment Selection Procedures Act › Part 2 - Requirements Related to Information › Section 201 - Information collected.

34-46-201.
Information collected.
(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.
Amended by Chapter 2, 2009 Special Session 1
Amended by Chapter 2, 2009 Special Session 1
2023 Utah Code › Title 34 - Labor in General › Chapter 46 - Employment Selection Procedures Act › Part 2 - Requirements Related to Information › Section 202 - Use of information collected in initial selection process.

34-46-202.
Use of information collected in initial selection process.
(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.
Amended by Chapter 2, 2009 Special Session 1
Amended by Chapter 2, 2009 Special Session 1
2023 Utah Code › Title 34 - Labor in General › Chapter 46 - Employment Selection Procedures Act › Part 2 - Requirements Related to Information › Section 203 - Retention of information collected during an initial selection process.

34-46-203.
Retention of information collected during an initial selection process.
(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.
Enacted by Chapter 174, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 46 - Employment Selection Procedures Act › Part 3 - Enforcement › Section 301 - Investigations -- Complaints -- Sanctions -- Rulemaking.

34-46-301.
Investigations -- Complaints -- Sanctions -- Rulemaking.
(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.
Enacted by Chapter 174, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 46 - Employment Selection Procedures Act › Part 3 - Enforcement › Section 302 - Inspection of records by division.

34-46-302.
Inspection of records by division.
(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.
Enacted by Chapter 174, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 47 - Worker Classification Coordinated Enforcement Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-234 on 7/1/2016
34-47-101.
Title.
This chapter is known as the "Worker Classification Coordinated Enforcement Act."
Enacted by Chapter 15, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 47 - Worker Classification Coordinated Enforcement Act › Part 1 - General Provisions › Section 102 - Definitions.

Affected by 63I-1-234 on 7/1/2016
34-47-102.
Definitions.
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.
Enacted by Chapter 15, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 47 - Worker Classification Coordinated Enforcement Act › Part 2 - Worker Classification Coordinated Enforcement Council › Section 201 - Creation.

Affected by 63I-1-234 on 7/1/2016
34-47-201.
Creation.
(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.
Enacted by Chapter 15, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 47 - Worker Classification Coordinated Enforcement Act › Part 2 - Worker Classification Coordinated Enforcement Council › Section 202 - Duties and powers of the council.

Effective 5/9/2017
34-47-202.
Duties and powers of the council.
(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.
Amended by Chapter 18, 2017 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 48 - Internet Employment Privacy Act › Part 1 - General Provisions › Section 102 - Definitions.

34-48-102.
Definitions.
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.
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 48 - Internet Employment Privacy Act › Part 2 - Prohibited and Permitted Activities › Section 201 - Employer may not request disclosure of information related to personal Internet account.

34-48-201.
Employer may not request disclosure of information related to personal Internet account.
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).
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 48 - Internet Employment Privacy Act › Part 2 - Prohibited and Permitted Activities › Section 202 - Permitted actions by an employer.

Effective 5/12/2015
34-48-202.
Permitted actions by an employer.
(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.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 48 - Internet Employment Privacy Act › Part 2 - Prohibited and Permitted Activities › Section 203 - Chapter does not create duties.

34-48-203.
Chapter does not create duties.
(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.
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 48 - Internet Employment Privacy Act › Part 3 - Remedy › Section 301 - Private right of action.

34-48-301.
Private right of action.
(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.
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 49 - Nursing Mothers in the Workplace › Part 1 - General Provisions › Section 101 - Title.

Effective 5/12/2015
34-49-101.
Title.
(1) This chapter is known as "Nursing Mothers in the Workplace."
(2) This part is known as "General Provisions."
Enacted by Chapter 156, 2015 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 49 - Nursing Mothers in the Workplace › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2015
34-49-102.
Definitions.
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 53B-2-101.
Enacted by Chapter 156, 2015 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 49 - Nursing Mothers in the Workplace › Part 2 - Breastfeeding in the Workplace › Section 201 - Title.

Effective 5/12/2015
34-49-201.
Title.
This part is known as "Breastfeeding in the Workplace."
Enacted by Chapter 156, 2015 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 49 - Nursing Mothers in the Workplace › Part 2 - Breastfeeding in the Workplace › Section 202 - Reasonable breaks and private room required.

Effective 5/10/2016
34-49-202.
Reasonable breaks and private room required.
(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.
Amended by Chapter 330, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 49 - Nursing Mothers in the Workplace › Part 2 - Breastfeeding in the Workplace › Section 203 - Policies.

Effective 5/12/2015
34-49-203.
Policies.
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.
Enacted by Chapter 156, 2015 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 49 - Nursing Mothers in the Workplace › Part 2 - Breastfeeding in the Workplace › Section 204 - Discrimination prohibited.

Effective 5/12/2015
34-49-204.
Discrimination prohibited.
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.
Enacted by Chapter 156, 2015 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 50 - Veterans Preference in Private Employment Act › Section 101 - Title.

Effective 5/12/2015
34-50-101.
Title.
This chapter is known as the "Veterans Preference in Private Employment Act."
Enacted by Chapter 263, 2015 General Session
Technically renumbered to avoid duplication of section number used in HB0242, Chapter 156.
2023 Utah Code › Title 34 - Labor in General › Chapter 50 - Veterans Preference in Private Employment Act › Section 102 - Definitions.

Effective 5/3/2023
34-50-102.
Definitions.
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.
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 50 - Veterans Preference in Private Employment Act › Section 103 - Voluntary veterans preference employment policy -- Private employment -- Antidiscrimination requirements.

Effective 5/3/2023
34-50-103.
Voluntary veterans preference employment policy -- Private employment -- Antidiscrimination requirements.
(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.
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 50 - Veterans Preference in Private Employment Act › Section 104 - Antidiscrimination act.

Effective 5/12/2015
34-50-104.
Antidiscrimination act.
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.
Enacted by Chapter 263, 2015 General Session
Technically renumbered for proper placement in title.
2023 Utah Code › Title 34 - Labor in General › Chapter 50 - Veterans Preference in Private Employment Act › Section 105 - Verification of eligibility.

Effective 5/12/2020
34-50-105.
Verification of eligibility.
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.
Amended by Chapter 333, 2020 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 51 - Post-employment Restrictions Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
34-51-102.
Definitions.
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)
(a) "Post-employment restrictive covenant," also known as a "covenant not to compete" or "noncompete agreement," means an agreement, written or oral, between an employer and employee under which the employee agrees that the employee, either alone or as an employee of another person, will not compete with the employer in providing products, processes, or services that are similar to the employer's products, processes, or services.
(b) "Post-employment restrictive covenant" does not include nonsolicitation agreements or nondisclosure or confidentiality agreements.
(5) "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.
Amended by Chapter 465, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 51 - Post-employment Restrictions Act › Part 2 - Scope of Post-employment Restrictions › Section 201 - Post-employment restrictive covenants.

Effective 5/14/2019
34-51-201.
Post-employment restrictive covenants.
(1) Except as provided in Subsection (2) and in addition to any requirements imposed under common law, for a post-employment restrictive covenant entered into on or after May 10, 2016, an employer and an employee may not enter into a post-employment restrictive covenant for a period of more than one year from the day on which the employee is no longer employed by the employer. A post-employment restrictive covenant that violates this subsection is void.
(2)
(a) Subject to Subsection (2)(b), a post-employment restrictive covenant between a broadcasting company and a broadcasting employee is valid only if:
(i) the broadcasting employee is an exempt broadcasting employee;
(ii) the post-employment restrictive covenant 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 post-employment restrictive covenant 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 post-employment restrictive covenant ends.
(c) A post-employment restrictive covenant between a broadcasting company and a broadcasting employee that does not comply with this subsection is void.
Amended by Chapter 132, 2019 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 51 - Post-employment Restrictions Act › Part 2 - Scope of Post-employment Restrictions › Section 202 - Exceptions.

Effective 5/10/2016
34-51-202.
Exceptions.
(1) This chapter does not prohibit a reasonable severance agreement mutually and freely agreed upon in good faith at or after the time of termination that includes a post-employment restrictive covenant. A severance agreement remains subject to any requirements imposed under common law.
(2) This chapter does not prohibit a post-employment restrictive covenant related to or arising out of the sale of a business, if the individual subject to the restrictive covenant receives value related to the sale of the business.
Enacted by Chapter 153, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 51 - Post-employment Restrictions Act › Part 3 - Remedies › Section 301 - Award of arbitration costs, attorney fees and court costs, and damages.

Effective 5/10/2016
34-51-301.
Award of arbitration costs, attorney fees and court costs, and damages.
If an employer seeks to enforce a post-employment restrictive covenant through arbitration or by filing a civil action and it is determined that the post-employment restrictive covenant 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.
Enacted by Chapter 153, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 52 - Reducing Barriers to Employment for Individuals with Criminal Records › Part 1 - General Provisions › Section 101 - Title.

Effective 5/9/2017
34-52-101.
Title.
This chapter is known as "Reducing Barriers to Employment for Individuals with Criminal Records."
Enacted by Chapter 242, 2017 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 52 - Reducing Barriers to Employment for Individuals with Criminal Records › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
34-52-102.
Definitions.
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.
Amended by Chapter 16, 2023 General Session
Amended by Chapter 344, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 52 - Reducing Barriers to Employment for Individuals with Criminal Records › Part 3 - Applicants for Private Employment › Section 301 - Permitted applicant response regarding expunged criminal or juvenile delinquency history.

Effective 10/1/2023
34-52-301.
Permitted applicant response regarding expunged criminal or juvenile delinquency history.
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.
Amended by Chapter 115, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 52 - Reducing Barriers to Employment for Individuals with Criminal Records › Part 3 - Applicants for Private Employment › Section 302 - Private employer requirements when hiring a mental health professional.

Effective 5/3/2023
34-52-302.
Private employer requirements when hiring a mental health professional.
(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.
Enacted by Chapter 344, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 53 - Service Marketplace Platforms Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
34-53-102.
Definitions.
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) "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.
Enacted by Chapter 386, 2018 General Session