reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 14 - Actions by division as assignee -- Costs need not be advanced.

34-28-14.
Actions by division as assignee -- Costs need not be advanced.
(1) In all actions brought by the division as assignee under Section 34-28-13, no court costs of any nature shall be required to be advanced nor shall any bond or other security be required from the division in connection with the same.
(2) Any sheriff, constable, or other officer requested by the division to serve summons, writs, complaints, orders, including any garnishment papers, and all necessary and legal papers within his jurisdiction shall do so without requiring the division to advance the fees or furnish any security or bond.
(3) Whenever the division shall require the sheriff, constable, or other officer whose duty it is to seize property or levy thereon in any attachment proceedings to satisfy any wage claim judgment to perform any such duty, this officer shall do so without requiring the division to furnish any security or bond in the action.
(4) The officer in carrying out the provisions of this Subsection (4) is not responsible in damages for any wrongful seizure made in good faith.
(5) Whenever anyone other than the defendant claims the right of possession or ownership to such seized property, then in such case the officer may permit such claimant to have the custody of such property pending a determination of the court as to who has right of possession or ownership of such property.
(6) Any garnishee defendant shall be required to appear and make answer in any such action, as required by law, without having paid to the garnishee defendant in advance witness fees, but such witness fees shall be included as part of the taxable costs of such action. Out of any recovery on a judgment in such a suit, there shall be paid the following: first, the witness fees to the garnishee defendant; second, the wage claims involved; third, the sheriff's or constable's fees; and fourth, the court costs.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 19 - Retaliation prohibited -- Administrative process -- Enforcement -- Rulemaking.

Effective 5/13/2014
34-28-19.
Retaliation prohibited -- Administrative process -- Enforcement -- Rulemaking.
(1)
(a) An employer violates this chapter if the employer takes an action described in Subsection (1)(b) against an employee because:
(i) the employee files a complaint or testifies in a proceeding relative to the enforcement of this chapter;
(ii) the employee is going to file a complaint or testify in a proceeding relative to the enforcement of this chapter; or
(iii) the employer believes that the employee may file a complaint or testify in any proceeding relative to the enforcement of this chapter.
(b) Subsection (1)(a) applies to the following actions of an employer:
(i) the discharge of an employee;
(ii) the demotion of an employee; or
(iii) any other form of retaliation against an employee in the terms, privileges, or conditions of employment.
(2)
(a) An employee claiming to be aggrieved by an action of the employer in violation of Subsection (1) may file with the division a request for agency action.
(b) On receipt of a request for agency action under Subsection (2)(a), the division:
(i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act; and
(ii) may attempt to reach a settlement between the parties through a settlement conference.
(3) If the division determines that a violation has occurred, the division may require the employer to:
(a) cease and desist any retaliatory action;
(b) compensate the employee, which compensation may not exceed reimbursement for, and payment of, lost wages and benefits to the employee; or
(c) do both Subsections (3)(a) and (b).
(4) The division may enforce this section in accordance with Subsections 34-28-9(4) and (5).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall adopt rules, as required, to implement this section.
Amended by Chapter 188, 2014 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 1 - License required -- Agencies for teachers excepted.

Effective 5/8/2018
34-29-1.
License required -- Agencies for teachers excepted.
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.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 2 - License -- Duty of cities, towns and counties to issue and regulate.

34-29-2.
License -- Duty of cities, towns and counties to issue and regulate.
Every city, town and county shall by ordinance provide for the issuing of licenses as contemplated by this chapter and shall establish such rules and regulations as are not herein provided for the carrying on of the business or occupation for which such license may be issued.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 3 - License -- Application.

34-29-3.
License -- Application.
Any person applying for a license under the provisions of this chapter shall make application to the board of city commissioners, city council or board of town trustees, or the county executive for the same and shall deposit with the city, town or county treasurer in advance the annual fee for such license, to be evidenced by the receipt of the city, town or county treasurer endorsed on the application. If the board of city commissioners, city council, board of town trustees, or the county executive refuses to order the issuance of such license to the party applying for the same, the sum so deposited with the city, town or county treasurer shall be refunded to the applicant for license without any further action of the governing body.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 4 - License -- Bond -- Transfer.

34-29-4.
License -- Bond -- Transfer.
Any person licensed under the provisions of this chapter shall pay an annual license fee in such amount as may be determined by the board of city commissioners, city council, board of town trustees, or the county legislative body, and before such license shall be issued shall deposit with the city, town or county treasurer a bond in the penal sum of $1,000, with two or more sureties to be approved by the officers designated by ordinance. The bond shall be made payable to the city, town or county where such business is to be carried on and shall be conditioned that the person applying for the license will comply with this chapter and will pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit of any person, or by any other violation of this chapter, in carrying on the business for which a license is granted. If at any time in the opinion of the officers designated by ordinance to approve such bond, the sureties or any of them shall become irresponsible, the person holding such license shall, upon notice from the city, town or county treasurer, give a new bond, to be approved as hereinafter provided. Failure to give a new bond within 10 days after such notice shall operate as a revocation of such license, and the license certificate shall be immediately returned to the city, town or county treasurer, who shall destroy the same. Licenses granted under this chapter may be transferred by order of the board of city commissioners, city council, board of town trustees, or the county executive, but before such transfer shall be authorized, the applicant for the same shall deposit with the city, town or county treasurer the sum of $5, which shall be endorsed upon the application, and the person to whom such license is transferred shall also deposit such a bond as is required by the applicant for an original license as hereinbefore prescribed, to be approved in the same manner.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 5 - License -- Posting.

34-29-5.
License -- Posting.
Upon the granting of a license by the board of city commissioners, city council, board of town trustees, or the county executive under this chapter, the city, town, or county treasurer shall within one week after payment of the license fee issue to the applicant entitled to the same a certificate setting forth the fact that such license has been granted. It shall be the duty of all persons who may obtain such license to keep the same publicly exposed to view in a conspicuous place in their offices or places of business.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 6 - Referring employment to unlawful places -- Penalty.

Effective 5/8/2018
34-29-6.
Referring employment to unlawful places -- Penalty.
Any employment agent who knowingly refers employment to any place of bad repute, house of ill fame, assignation house, or to any house or place of amusement kept for immoral purposes, is guilty of a class B misdemeanor. In addition to any other penalty, the agent's license shall be revoked.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 7 - Referrals on bona fide orders only.

34-29-7.
Referrals on bona fide orders only.
Any employment agent who sends out any help without having previously obtained a bona fide order therefor shall, for each and every offense, be subject to the penalties provided in Section 34-29-15.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 8 - Taking commission in advance unlawful -- Penalty.

34-29-8.
Taking commission in advance unlawful -- Penalty.
(1) It is unlawful for any employment agent to receive, directly or indirectly, any money or other valuable consideration from any person seeking employment for any information or assistance furnished or to be furnished by the agent to such person, enabling or tending to enable that person to secure employment, before the time the information or assistance is actually furnished.
(2) An employment agent who violates Subsection (1) is liable to the person from whom the money or other valuable consideration is received for an amount equal to twice the amount of money or other valuable consideration paid to the employment agent.
Amended by Chapter 149, 2005 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 9 - Commission to be returned if employment not secured.

34-29-9.
Commission to be returned if employment not secured.
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 his 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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 10 - Schedule of fees -- Fee limitations.

34-29-10.
Schedule of fees -- Fee limitations.
(1)
(a) A private employment agency shall maintain a schedule of fees to be charged and collected in the conduct of its business.
(b) A private employment agency shall post the schedule described in Subsection (1)(a) in a conspicuous place in the private employment agency.
(c) A private employment agency may change the schedule described in Subsection (1)(a), but a change is not effective until the amended schedule is posted in accordance with Subsection (1)(b).
(2) A private employment agency may not charge or collect a fee that is greater than:
(a) the fee on the schedule of fees in effect at the time the contract for employment is issued; or
(b) 25% of the amount actually earned in the employment during the first 30 days, if the employment ends during the 30-day period.
Amended by Chapter 240, 2008 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 11 - Register of employers to be kept.

34-29-11.
Register of employers to be kept.
Each employment agent licensed under this chapter shall enter upon a register, to be kept for that purpose and to be known as an "employers' register," every order received from any corporation, company or individual desiring the service of any persons seeking work or employment, the name and address of the corporation, company or individual from whom such order was received, the number of persons wanted, the nature of the work or employment, the town or city (street and number, if any) where such work or employment is to be furnished and the wages to be paid.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 12 - Register of applicants to be kept -- Open for inspection.

34-29-12.
Register of applicants to be kept -- Open for inspection.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 13 - Statements to be furnished applicants.

34-29-13.
Statements to be furnished applicants.
Every person securing information or intelligence from an employment agent relative to hiring or engagement to work for others as provided in Section 34-29-1 shall be furnished a written copy, in duplicate, of the terms of such hiring or engagement, by the employment agent, showing the amount of commissions or fees paid to such employment agent, the kind of service to be performed, the rate of wages or compensation, the length of time, if definite, and if indefinite, so stated, of such service, with full name and address of the person authorizing the hiring of such person. One of these copies shall be delivered to the person for whom the labor is to be performed and the other shall be retained by the person furnished with the information or intelligence; and the agent issuing the written copy of the conditions of service or employment shall make and keep in a book provided for the purpose a third copy of the same. Any person engaged in the business of keeping an employment office who fails to observe the provisions of this section shall be subject to the penalties provided in Section 34-29-15.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 14 - Dividing of fees prohibited.

34-29-14.
Dividing of fees prohibited.
Any employment agent sending out help to contractors or other employers of help and dividing the fees allowed under this chapter with subcontractors and employers of help, or their foremen or anyone in their employ, shall be subject to the penalties provided in Section 34-29-15.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 15 - False statements -- Failure to keep registers -- Other violations -- Penalty.

34-29-15.
False statements -- Failure to keep registers -- Other violations -- Penalty.
(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.
Amended by Chapter 149, 2005 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 16 - Action on bond -- Brought in name of injured party.

34-29-16.
Action on bond -- Brought in name of injured party.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 17 - Religious or charitable associations excepted from chapter.

34-29-17.
Religious or charitable associations excepted from chapter.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 18 - Copies of laws to be posted.

34-29-18.
Copies of laws to be posted.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 19 - Deceptive or duplicate orders for employees -- Liability to applicants.

34-29-19.
Deceptive or duplicate orders for employees -- Liability to applicants.
Any person who places with an employment agent an order for more employees than he 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 he 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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 29 - Employment Agencies › Section 20 - False orders for employees -- Misdemeanor.

Effective 5/8/2018
34-29-20.
False orders for employees -- Misdemeanor.
Any person who gives to an employment agent any false or unauthorized order for employees, or who causes to be published in any newspaper or otherwise any false or unauthorized notice or statement that employees are wanted by any person, is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 30 - Employment on Public Works › Section 1 - Citizens to be given preference -- Provision to be included in contracts.

34-30-1.
Citizens to be given preference -- Provision to be included in contracts.
In employing workmen in the construction of public works by the state or any county or municipality, or by persons contracting with the state or any county or municipality, preference shall be given citizens of the United States, or those having declared their intention of becoming citizens. In each contract for the construction of public works a provision shall be inserted to the effect that, if the provisions of this section are not complied with, the contract shall be void.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 30 - Employment on Public Works › Section 8 - Forty-hour work week -- Overtime at one and one-half regular rate.

34-30-8.
Forty-hour work week -- Overtime at one and one-half regular rate.
Forty hours shall constitute a working week on all works and undertakings carried on by the state, county, or municipal governments, or by any officer of the state or of any county or municipal government. Any persons, corporation, firm, contractor, agent, manager, or foreman, who shall require or contract with any person to work upon such works or undertakings longer than 40 hours in one week shall pay such employees at a rate not less than one and one-half times the regular rate at which he is employed.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 30 - Employment on Public Works › Section 9 - Violation of chapter -- Failure to keep or produce records -- Misdemeanor.

Effective 5/8/2018
34-30-9.
Violation of chapter -- Failure to keep or produce records -- Misdemeanor.
Any officer, agent or representative of the state, or of any political subdivision, district or municipality of it who shall violate, or omit to comply with any of the provisions of this chapter, and any contractor or subcontractor, or agent or representative thereof, doing such public work, who shall neglect to keep, or cause to be kept, an accurate record of the names, occupation and actual wages paid to each laborer, workman and mechanic employed by him or her, in connection with this public work or who shall refuse to allow access to same at any reasonable hour to any person authorized to inspect same under this chapter is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 30 - Employment on Public Works › Section 13 - Compliance with federal requirements.

Effective 5/10/2016
34-30-13.
Compliance with federal requirements.
Notwithstanding any other provision in this chapter to the contrary, the governor of the state of Utah may, in the governor's discretion, elect to suspend the provisions of this chapter in whole or in part if it becomes necessary to do so in order to comply with requirements imposed by the government of the United States, in order for the state of Utah to remain eligible for participation in programs which are financed in whole or in part by the United States government.
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 30 - Employment on Public Works › Section 14 - Public works -- Wages.

Effective 2/27/2023
34-30-14.
Public works -- Wages.
(1) For purposes of this section:
(a) "Political subdivision" means a county, city, town, school district, special district, special service district, public corporation, institution of higher education of the state, public agency of any political subdivision, or other entity that expends public funds for construction, maintenance, repair or improvement of public works.
(b) "Public works" or "public works project" means a building, road, street, sewer, storm drain, water system, irrigation system, reclamation project, or other facility owned or to be contracted for by the state or a political subdivision, and that is to be paid for in whole or in part with tax revenue paid by residents of the state.
(2)
(a) Except as provided in Subsection (2)(b) or as required by federal or state law, the state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair, or improvement of public works pay its employees:
(i) a predetermined amount of wages or wage rate; or
(ii) a type, amount, or rate of employee benefits.
(b) Subsection (2)(a) does not apply when federal law requires the payment of prevailing or minimum wages to persons working on projects funded in whole or in part by federal funds.
(3) The state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works execute or otherwise become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded, or performing work on a public works project.
(4) This section applies to any contract executed after May 1, 1995.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 32 - Deductions for the Benefit of Labor Organizations › Section 1 - Assignments to labor unions -- Effect.

34-32-1.
Assignments to labor unions -- Effect.
(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.
Amended by Chapter 220, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 32 - Deductions for the Benefit of Labor Organizations › Section 1.1 - Prohibiting public employers from making payroll deductions for political purposes.

Effective 2/27/2023
34-32-1.1.
Prohibiting public employers from making payroll deductions for political purposes.
(1) As used in this section:
(a)
(i) "Labor organization" means a lawful organization of any kind that is composed, in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.
(ii) Except as provided in Subsection (1)(a)(iii), "labor organization" includes each employee association and union for public employees.
(iii) "Labor organization" does not include organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
(b) "Political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election.
(c) "Public employee" means a person employed by:
(i) the state of Utah or any administrative subunit of the state;
(ii) a state institution of higher education; or
(iii) a municipal corporation, a county, a municipality, a school district, a special district, a special service district, or any other political subdivision of the state.
(d) "Public employer" means an employer that is:
(i) the state of Utah or any administrative subunit of the state;
(ii) a state institution of higher education; or
(iii) a municipal corporation, a county, a municipality, a school district, a special district, a special service district, or any other political subdivision of the state.
(e) "Union dues" means dues, fees, assessments, or other money required as a condition of membership or participation in a labor organization.
(2) A public employer may not deduct from the wages of its employees any amounts to be paid to:
(a) a candidate as defined in Section 20A-11-101;
(b) a personal campaign committee as defined in Section 20A-11-101;
(c) a political action committee as defined in Section 20A-11-101;
(d) a political issues committee as defined in Section 20A-11-101;
(e) a registered political party as defined in Section 20A-11-101;
(f) a political fund as defined in Section 20A-11-1402; or
(g) any entity established by a labor organization to solicit, collect, or distribute money primarily for political purposes as defined in this chapter.
(3) The attorney general may bring an action to require a public employer to comply with the requirements of this section.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 32 - Deductions for the Benefit of Labor Organizations › Section 2 - Assignments to farm organizations -- Effect.

34-32-2.
Assignments to farm organizations -- Effect.
Whenever any producer of farm products within the state executes and delivers to a dealer or processor of farm products, either as a clause in a sales agreement or other instrument in writing, whereby such processor or dealer is directed to deduct a sum or a rate not exceeding 3% of the price to be paid for any such produce, such processor or dealer shall deduct from the price to be paid for any farm product being sold by any such producer to any such processor or dealer, the amount so authorized and the producer or dealer shall pay the same to a farm organization as assignee.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 32 - Deductions for the Benefit of Labor Organizations › Section 3 - Failure to comply -- Penalty.

Effective 5/8/2018
34-32-3.
Failure to comply -- Penalty.
Any employer, dealer or processor who willfully fails to comply with the duties imposed by this chapter is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 32 - Deductions for the Benefit of Labor Organizations › Section 4 - Exceptions from chapter.

34-32-4.
Exceptions from chapter.
(1) The provisions of this chapter do not apply to carriers as that term is defined in the Railway Labor Act passed by the Congress of the United States, June 21, 1934. 48 Stat. 1189, U.S. Code, Title 45, Section 151.
(2) Nothing in this chapter is intended to, or may be construed to, preempt any requirement of federal law.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 33 - Medical Fees for Examinations › Section 1 - Unlawful for employer to charge employee medical examination fee.

34-33-1.
Unlawful for employer to charge employee medical examination fee.
It shall be unlawful for any person, firm, corporation or partnership to charge any person a medical fee for the physical examination of any applicant for employment with such person, firm, corporation or partnership, or to deduct the cost of such physical examination from the money earned by such employee or to make any charge for or to deduct from the earnings of such employee any medical fee for any physical examination upon the re-employment of any employee who may have discontinued such employment, or have been discharged or his employment otherwise terminated; nor shall any employer, as a condition of pre-employment, employment, or continued employment, require any employee or person applying for employment to submit to or obtain a physical examination, unless such employer shall pay all costs of such physical examination.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 33 - Medical Fees for Examinations › Section 2 - Violation a misdemeanor.

Effective 5/8/2018
34-33-2.
Violation a misdemeanor.
Any person, firm, corporation or partnership violating the provisions of this chapter is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 2 - Public policy.

34-34-2.
Public policy.
It is hereby declared to be the public policy of the state that the right of persons to work, whether in private employment or for the state, its counties, cities, school districts, or other political subdivisions, may not be denied or abridged on account of membership or nonmembership in any labor union, labor organization or any other type of association; and further, that the right to live includes the right to work. The exercise of the right to work shall be protected and maintained free from undue restraints and coercion.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 3 - "Employer" defined.

34-34-3.
"Employer" defined.
The word "employer" as used in this chapter includes all persons, firms, associations, corporations, the state, its counties, cities, school districts and other political subdivisions.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 4 - Agreement, understanding or practice denying right to work declared illegal.

34-34-4.
Agreement, understanding or practice denying right to work declared illegal.
Any express or implied agreement, understanding or practice between any employer and any labor union, labor organization or any other type of association, whereby any person not a member of such union, organization or any other type of association shall be denied the right to work for an employer, or whereby membership in such labor union, labor organization or any other type of association is made a condition of employment or continuation of employment by such employer, or whereby any such union, organization or any other type of association acquires an employment monopoly in any enterprise or industry, is hereby declared to be an illegal combination or conspiracy and against public policy.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 5 - Any agreement, understanding or practice designed to violate chapter declared illegal.

34-34-5.
Any agreement, understanding or practice designed to violate chapter declared illegal.
Any express or implied agreement, understanding or practice which is designed to cause or require, or has the effect of causing or requiring, any employer or labor union, labor organization or any other type of association, whether or not a party thereto, to violate any provision of this chapter is hereby declared an illegal agreement, understanding, or practice and contrary to public policy.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 6 - Conduct forcing violation of act illegal -- Peaceful and orderly solicitation excepted.

34-34-6.
Conduct forcing violation of act illegal -- Peaceful and orderly solicitation excepted.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 7 - Compelling person to join or not join labor union unlawful.

34-34-7.
Compelling person to join or not join labor union unlawful.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 8 - Employer not to require union membership.

34-34-8.
Employer not to require union membership.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 9 - Employer not to require person to abstain from union membership.

34-34-9.
Employer not to require person to abstain from union membership.
No employer shall require any person to abstain or refrain from membership in any labor union, labor organization or any other type of association as a condition of employment or continuation of employment.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 10 - Employer not to require payment of dues, fees, or other charges to union.

34-34-10.
Employer not to require payment of dues, fees, or other charges to union.
No employer shall require any person to pay any dues, fees, or other charges of any kind to any labor union, labor organization or any other type of association as a condition of employment or continuation of employment.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 11 - Injunctive relief -- Damages.

34-34-11.
Injunctive relief -- Damages.
Any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association injured as a result of any violation or threatened violation of any provision of this chapter, or threatened with any such violation shall be entitled to injunctive relief against any and all violators or persons threatening violation and also to recover from such violator or violators, or person or persons, any and all damages of any character cognizable at common law resulting from such violations or threatened violations. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 12 - Injunction against violating chapter.

34-34-12.
Injunction against violating chapter.
In addition to the penal provisions of this chapter, any person, firm, corporation, association, or any labor union, labor organization or any other type of association, or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and things prohibited by this chapter.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 13 - Damages for denial or deprivation of continuation of employment.

34-34-13.
Damages for denial or deprivation of continuation of employment.
Any person who may be denied employment or be deprived of continuation of his 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 him by appropriate action in the courts of this state such damages as he may have sustained by reason of such denial or deprivation of employment.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 14 - Jurisdiction.

Repealed 7/1/2024
34-34-14.
Jurisdiction.
The jurisdiction of any action brought to enforce this chapter is hereby conferred upon and vested in the district court of the county in which any person, group of persons, firm, association, corporation, labor union, labor organization or any other type of association, or representatives thereof, who violates this chapter, or any part of it, resides or has a place of business, or may be found and served with process.
Repealed by Chapter 401, 2023 General Session
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 15 - Existing contracts -- Chapter applicable upon renewal or extension.

34-34-15.
Existing contracts -- Chapter applicable upon renewal or extension.
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.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 16 - Right to bargain collectively not denied.

34-34-16.
Right to bargain collectively not denied.
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.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 34 - Utah Right to Work Law › Section 17 - Violation of act a misdemeanor.

Effective 5/8/2018
34-34-17.
Violation of act a misdemeanor.
A violation of this act is a class B misdemeanor, and each day such unlawful conduct, as defined in this chapter, is in effect or continued is a separate offense and is punishable as such, as provided in this chapter.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 36 - Transportation of Workers › Section 1 - Motor vehicles of employers -- Safe maintenance and operation.

34-36-1.
Motor vehicles of employers -- Safe maintenance and operation.
Every motor vehicle furnished by an employer to be used to transport one or more workers to and from their places of employment shall be maintained in a safe condition and operated in a safe manner at all times, whether or not used on a public highway.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 36 - Transportation of Workers › Section 2 - Motor vehicles of employers -- Rules.

34-36-2.
Motor vehicles of employers -- Rules.
(1) The Labor Commission shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment. These rules shall be embodied in a safety code and shall establish minimum standards.
(2)
(a) A person who is an employee of an electrical corporation, a gas corporation, or a telephone corporation, as these corporations are defined in Section 54-2-1, is exempt from any hours of service rules and regulations for drivers while operating a public utility vehicle within the state during the emergency restoration of public utility service.
(b) As used in Subsection (2)(a), "emergency" means a condition that jeopardizes life or property, or that endangers public health and safety.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 1 - Legislative findings -- Purpose and intent of chapter.

34-38-1.
Legislative findings -- Purpose and intent of chapter.
(1) The Legislature finds that a healthy and productive work force, safe working conditions free from the effects of drugs and alcohol, and maintenance of the quality of products produced and services rendered in this state, are important to employers, employees, and the general public. The Legislature further finds that the abuse of drugs and alcohol creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased financial burden on health and benefit programs, increased workplace theft, decreased employee morale, decreased productivity, and a decline in the quality of products and services.
(2) The Legislature does not intend to prohibit an employee from seeking damages or job reinstatement, if action is taken by the employer on the basis of an inaccurate test result.
Amended by Chapter 284, 2010 General Session