reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 1 - Declaration of policy.

34-20-1.
Declaration of policy.
The public policy of the state as to employment relations and collective bargaining in the furtherance of which this chapter is enacted, is declared to be as follows:
(1) It recognizes that there are three major interests involved, namely: that of the public, the employee, and the employer. These three interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.
(2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers and farmer cooperatives, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted in the conduct of their controversy to intrude directly into the primary rights of third parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.
(3) Negotiation of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if he desires, to associate with others in organizing and bargaining collectively through representatives of his own choosing, without intimidation or coercion from any source.
(4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious and impartial tribunal by which these interests may have their respective rights and obligations adjudicated.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 3 - Labor relations board.

Effective 1/1/2021
34-20-3.
Labor relations board.
(1)
(a) There is created the Labor Relations Board consisting of the following:
(i) the commissioner of the Labor Commission;
(ii) two members who shall be, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appointed by the governor with the advice and consent of the Senate consisting of:
(A) a representative of employers, in the appointment of whom the governor shall consider nominations from employer organizations; and
(B) a representative of employees, in the appointment of whom the governor shall consider nominations from employee organizations.
(b)
(i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed under Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed member to a four-year term.
(ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every two years.
(c) The commissioner shall serve as chair of the board.
(d) A vacancy occurring on the board for any cause of the members appointed under Subsection (1)(a)(ii) shall be filled by the governor with the advice and consent of the Senate pursuant to this section for the unexpired term of the vacating member.
(e) The governor may at any time remove a member appointed under Subsection (1)(a)(ii) but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
(f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any other office in the government of the United States, this state or any other state, or of any county government or municipal corporation within a state.
(g) A member appointed under Subsection (1)(a)(ii) may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(2) A meeting of the board may be called:
(a) by the chair; or
(b) jointly by the members appointed under Subsection (1)(a)(ii).
(3) The chair may provide staff and administrative support as necessary from the Labor Commission.
(4) A vacancy in the board does not impair the right of the remaining members to exercise all the powers of the board, and two members of the board shall at all times constitute a quorum.
(5) The board shall have an official seal which shall be judicially noticed.
(6) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 4 - Labor relations board -- Employees -- Agencies -- Expenses.

34-20-4.
Labor relations board -- Employees -- Agencies -- Expenses.
(1) The board may employ an executive secretary, attorneys, examiners, and may employ such other employees with regard to existing laws applicable to the employment and compensation of officers and employees of the state as it may from time to time find necessary for the proper performance of its duties. The board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys employed under this section may, at the direction of the board, appear for and represent the board in any case in court. Nothing in this act shall be construed to authorize the board to employ individuals for the purpose of conciliation or mediation (or for statistical work) where and if such service may be obtained from the Labor Commission.
(2) All of the expenses of the board, including the necessary traveling expenses, incurred by the members or employees of the board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the board or by any individual it designates for the purpose.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 5 - Labor relations board -- Offices -- Jurisdiction -- Member's participation in case.

34-20-5.
Labor relations board -- Offices -- Jurisdiction -- Member's participation in case.
The principal office of the board shall be at the state capitol, but it may meet and exercise any or all of its powers at any other place. The board may, by one or more of its members or by the agents or agencies it may designate, prosecute any inquiry necessary to its functions in any part of the state. A member who participates in the inquiry may not be disqualified from subsequently participating in a decision of the board in the same case.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 6 - Labor relations board -- Rules and regulations.

34-20-6.
Labor relations board -- Rules and regulations.
The board shall have authority from time to time to make, amend and rescind such rules and regulations as may be necessary to carry out the provisions of this act. Such rules and regulations shall be effective upon publication in the manner in which the board shall prescribe.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 7 - Organization and collective bargaining -- Employees' rights.

34-20-7.
Organization and collective bargaining -- Employees' rights.
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; and such employees shall also have the right to refrain from any or all of such activities.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 9 - Collective bargaining -- Representatives -- Powers of board.

34-20-9.
Collective bargaining -- Representatives -- Powers of board.
(1)
(a) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for those purposes shall be the exclusive representatives of all the employees in that unit for the purposes of collective bargaining in respect to rate of pay, wages, hours of employment, and of other conditions of employment.
(b) Any individual employee or group of employees may present grievances to their employer at any time.
(2) The board shall decide in each case whether, in order to ensure to employees the full benefit of their right to self-organization and to collective bargaining, and otherwise to effectuate the policies of this act, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision of same.
(3) Whenever a question affecting intrastate commerce or the orderly operation of industry arises concerning the representation of employees, the board may investigate such controversy and certify to the parties in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the board shall provide for an appropriate hearing upon due notice, either in conjunction with a proceeding under Section 34-20-10, or otherwise, and may take a secret ballot of employees, or utilize any other suitable method to ascertain such representatives.
(4)
(a) Whenever an order of the board made according to Section 34-20-10 is based in whole or in part upon facts certified following an investigation under Subsection (3), and there is a petition for the enforcement or review of such order, the certification and the record of the investigation shall be included in the transcript of the entire record required to be filed under Section 34-20-10.
(b) The decree of the court enforcing, modifying, or setting aside in whole or in part the order of the board shall be made and entered upon the pleadings, testimony, and proceedings set forth in the transcript.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 12 - Willful interference -- Penalty.

34-20-12.
Willful interference -- Penalty.
Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents or agencies, in the performance of duties pursuant to this act shall be punished by a fine of not more than $5,000, or by imprisonment for not more than one year, or both.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20 - Employment Relations and Collective Bargaining › Section 14 - Determining joint employment status -- Franchisors excluded.

Effective 5/10/2016
34-20-14.
Determining joint employment status -- Franchisors excluded.
(1) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(2)
(a) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee; or
(ii) a franchisee's employee.
(b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (2) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Enacted by Chapter 370, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 2 - Definitions.

34-20a-2.
Definitions.
As used in this chapter:
(1) "Fire fighters" means the full-time, salaried, members of any regularly constituted fire department in any city, town, or county.
(2) "Corporate authorities" means the council, commission, or other governing body of any city, town, or county which fixes hours, wages, salaries, and other conditions of employment.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 3 - Fire fighters' right to bargain collectively.

34-20a-3.
Fire fighters' right to bargain collectively.
Fire fighters have the right to bargain collectively about wages, hours, and other conditions of employment with corporate authorities and to be represented in such negotiations by a bargaining representative chosen by such fire fighters.
Enacted by Chapter 102, 1975 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 4 - Exclusive bargaining representative -- Selection -- Exclusions from negotiating team.

34-20a-4.
Exclusive bargaining representative -- Selection -- Exclusions from negotiating team.
The organization selected by a majority of fire fighters in an appropriate bargaining unit shall act as the exclusive bargaining representative for all members of the department until recognition of such bargaining representative is withdrawn by a vote of a majority of the fire fighters in the department. No negotiating team of the established bargaining unit is appropriate which includes any fire chief, assistant chief, battalion or deputy chief, captain or lieutenant.
Enacted by Chapter 102, 1975 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 5 - Corporate authority duty -- Collective bargaining agreement -- No-strike clause.

34-20a-5.
Corporate authority duty -- Collective bargaining agreement -- No-strike clause.
It is the duty of any corporate authority to meet and collectively bargain in good faith with the bargaining representative within 10 days after receipt of written notice from such representative that it represents a majority of the employees in the bargaining unit. No collective bargaining agreement shall be executed for a period of more than two years. Each bargaining agreement shall contain a no-strike clause.
Enacted by Chapter 102, 1975 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 6 - Notice of request for collective bargaining -- Time.

34-20a-6.
Notice of request for collective bargaining -- Time.
Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city, town, or county are included as a matter of collective bargaining conducted under this chapter, it is the obligation of the bargaining representative to serve written notice of request for collective bargaining on the corporate authorities at least 120 days before the last day on which funds can be appropriated to cover the contract period which is the subject of collective bargaining.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 7 - Arbitration.

34-20a-7.
Arbitration.
If the bargaining representative and the corporate authorities are unable to reach an agreement within 30 days after negotiations, all unresolved issues shall be submitted to arbitration.
Enacted by Chapter 102, 1975 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 8 - Procedure for arbitration.

34-20a-8.
Procedure for arbitration.
If no agreement is reached within the period prescribed by Section 34-20a-7, each party within five days after the expiration of such period shall name one individual to serve as an arbitrator. Each party shall furnish written notification of the name and address of its arbitrator. The two arbitrators within 10 days after their selection shall make application to the Federal Mediation and Conciliation Service for a list of seven names from which they shall name the third arbitrator who shall serve as chairman of the arbitration panel. The third arbitrator shall be chosen within five days after receipt of the list of arbitrators from the Federal Mediation and Conciliation Service with each party alternately striking one name until six names are stricken. The remaining unstricken name shall serve as the third member of the arbitration panel. Formal arbitration shall commence within four days after selection of the third arbitrator.
Enacted by Chapter 102, 1975 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 20a - Utah Fire Fighters' Negotiations Act › Section 9 - Board of arbitration -- Determination -- Final and binding -- Exception -- Expense.

34-20a-9.
Board of arbitration -- Determination -- Final and binding -- Exception -- Expense.
The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute except in salary or wage matters which shall be considered advisory only. Each party shall pay one-half of the expense of arbitration.
Enacted by Chapter 102, 1975 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 1 - General Provisions › Section 101 - Policy of state.

34-23-101.
Policy of state.
It is a policy of the state of Utah to encourage the growth and development of minors through providing opportunities for work and for related work learning experience while at the same time adopting reasonable safeguards for their health, safety, and education.
Amended by Chapter 113, 1992 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 1 - General Provisions › Section 102 - Chapter to be liberally construed.

34-23-102.
Chapter to be liberally construed.
When this chapter, or any part or section of it, is interpreted by a court, it shall be liberally construed by that court.
Enacted by Chapter 8, 1990 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 1 - General Provisions › Section 103 - Definitions.

34-23-103.
Definitions.
As used in this chapter:
(1) "Casual work" is employment on an incidental, occasional, or nonregular basis which is not considered full-time or routine.
(2) "Commission" means the Labor Commission.
(3) "Division" means the Division of Antidiscrimination and Labor in the commission.
(4) "Hazardous occupation" is any occupation defined as hazardous by the United States Department of Labor under 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act.
(5) "Minor" is a person under the age of 18 years.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 1 - General Provisions › Section 104 - Duty of commission to establish hours and conditions -- Promulgation of rules.

34-23-104.
Duty of commission to establish hours and conditions -- Promulgation of rules.
(1) The commission shall ascertain and establish the hours and the conditions of labor and employment for any occupation in which minors are employed.
(2) The commission may promulgate rules consistent with this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 201 - Employment of minors in hazardous occupations prohibited -- Exceptions.

34-23-201.
Employment of minors in hazardous occupations prohibited -- Exceptions.
A minor may not be employed or permitted to work in any hazardous occupation except as authorized by the division in writing when the minor is under careful supervision in connection with or following completion of an apprentice program, vocational training, or rehabilitation program as approved by the division.
Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 202 - Employment of minors under 16 during school hours -- Hours of work limited.

34-23-202.
Employment of minors under 16 during school hours -- Hours of work limited.
(1) A minor under the age of 16 may not be employed or permitted to work during school hours except as authorized by the proper school authorities.
(2) A minor under the age of 16 may not be permitted to work:
(a) before or after school in excess of four hours a day;
(b) before 5:00 a.m. or after 9:30 p.m., unless the next day is not a school day;
(c) in excess of eight hours in any 24-hour period; or
(d) more than 40 hours in any week.
Renumbered and Amended by Chapter 8, 1990 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 203 - Permitted occupations for minors 16 or older.

34-23-203.
Permitted occupations for minors 16 or older.
Minors 16 years of age or older may work:
(1) in all occupations not declared hazardous; and
(2) in occupations which involve the use of motor vehicles if the minor is licensed to operate the motor vehicle for employment purposes under state law.
Renumbered and Amended by Chapter 8, 1990 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 204 - Permitted occupations for minors 14 or older.

34-23-204.
Permitted occupations for minors 14 or older.
(1) Minors 14 years of age or older may work in a wide variety of nonhazardous occupations including:
(a) retail food services;
(b) automobile service stations, except for the operation of motor vehicles and the use of hoists;
(c) public messenger service;
(d) janitorial and custodial service;
(e) lawn care;
(f) the use of approved types of vacuum cleaners, floor polishers, power lawn mowers, and sidewalk snow removal equipment; and
(g) other similar work as approved by the division.
(2) Minors 14 years of age or older may also work in nonhazardous areas in manufacturing, warehousing and storage, construction, and other such areas not determined harmful by the division.
Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 205 - Permitted occupations for minors 12 or older.

34-23-205.
Permitted occupations for minors 12 or older.
Minors 12 years of age or older may work in occupations such as:
(1) the sale and delivery of periodicals;
(2) door-to-door sale and delivery of merchandise;
(3) baby-sitting;
(4) nonhazardous agricultural work; and
(5) any other occupation not determined harmful by the division.
Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 206 - Permitted occupations for minors 10 or older.

34-23-206.
Permitted occupations for minors 10 or older.
Minors 10 years of age or older may work in occupations such as:
(1) delivery of handbills, newspapers, advertising, and advertising samples;
(2) shoe-shining;
(3) gardening and lawn care involving no power-driven lawn or snow removal equipment;
(4) caddying; and
(5) any occupation not determined harmful by the division.
Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 207 - Permitted occupations with no specific age limitations or restrictions.

34-23-207.
Permitted occupations with no specific age limitations or restrictions.
With consent of the minor's parent, guardian, or custodian, no specific age limitations or restrictions are imposed for:
(1) home chores and other work done for parent or guardian;
(2) any casual work not determined harmful by the division;
(3) agricultural work including the operation of power-driven farm machinery in the production of agricultural products; or
(4) work for which a specific, written authorization has been made by the division.
Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 208 - Exceptions.

34-23-208.
Exceptions.
The provisions of this chapter do not apply to a person who is 16 years of age or older and for whom employment would not endanger the person's health and safety if that person:
(1) has received a high school diploma;
(2) has received a school release certificate;
(3) is legally married; or
(4) is head of a household.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 2 - Occupations of Minors › Section 209 - Age certificates issued by schools -- Responsibility of employers.

34-23-209.
Age certificates issued by schools -- Responsibility of employers.
(1) All public and private schools and school districts within the state shall cooperate with employers or prospective employers by issuing age certificates or lists of students or recent students showing their dates of birth according to school records.
(2) Such age certificates do not relieve employers of full responsibility for complying with all laws and rules pertaining to the employment of minors.
Renumbered and Amended by Chapter 8, 1990 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 3 - Minimum Wages › Section 301 - Minimum hourly wages.

34-23-301.
Minimum hourly wages.
The commission may establish minimum hourly wages for minors. If there is an established minimum hourly wage for adults, the minimum hourly wages for minors may be established at a lesser amount.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 3 - Minimum Wages › Section 302 - Criminal penalty -- Enforcement.

34-23-302.
Criminal penalty -- Enforcement.
(1)
(a) Repeated violation of Section 34-23-301 is a class B misdemeanor.
(b) "Repeated violation" does not include separate violations as to individual employees arising out of the same investigation or enforcement action.
(2) Upon the third violation of Section 34-23-301 by the same employer within a three-year period, the commission may prosecute a criminal action in the name of the state.
(3) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 3 - Minimum Wages › Section 303 - Civil action allowed.

34-23-303.
Civil action allowed.
(1) In addition to the administrative action authorized by Section 34-23-401, and criminal actions authorized by Sections 34-23-302 and 34-23-402, a minor employee may bring a civil action to enforce his right to a minimum wage under Section 34-23-301.
(2)
(a) An aggrieved minor employee is entitled to injunctive relief and may recover the difference between the wage paid and the minimum wage, plus interest.
(b) The court may award court costs and attorney fees to the prevailing party.
(3) An action brought under this section shall be brought within two years of the alleged violation.
Enacted by Chapter 8, 1990 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 4 - Penalties › Section 401 - Investigation by division -- Administrative penalty.

34-23-401.
Investigation by division -- Administrative penalty.
(1) The director of the division or the director's designee shall have authority to enter and inspect any place or establishment covered by this chapter and to have access to such records as may aid in the enforcement of this chapter.
(2) The division may investigate any complaint under this chapter and may commence an administrative proceeding with a penalty of up to $500 per violation. Administrative proceedings conducted under this section shall be consistent with Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 23 - Employment of Minors › Part 4 - Penalties › Section 402 - Violation -- Criminal penalty.

34-23-402.
Violation -- Criminal penalty.
(1) The commission may prosecute a misdemeanor criminal action in the name of the state. The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.
(2) It is a class B misdemeanor for a person, whether individually or as an officer, agent, or employee of any person, firm, or corporation to:
(a) knowingly employ a minor or permit a minor to work in a repeated violation of this chapter;
(b) refuse or knowingly neglect to furnish to the commission, any information requested by the commission under this chapter;
(c) refuse access to that person's place of business or employment to the commission or its authorized representative when access has been requested in conjunction with an investigation related to this section;
(d) hinder the commission or its authorized representative in the securing of any information authorized by this section;
(e) refuse or knowingly omit or neglect to keep any of the records required by this chapter;
(f) knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter;
(g) discharge an employee or threaten to or retaliate against an employee because:
(i) the employee has testified;
(ii) is about to testify; or
(iii) the employer believes that the employee may testify in any investigation or proceedings relative to the enforcement of this chapter; and
(h) willfully violate any order issued under this chapter.
(3) This section does not apply to violations of Section 34-23-301.
Amended by Chapter 347, 2009 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 25 - Fellow Servants › Section 1 - "Vice-principal" defined.

34-25-1.
"Vice-principal" defined.
All persons engaged in the service of any person and entrusted by such employer with authority of superintendence, control or command of other persons in the employ or service of such employer, or with authority to direct any other employee in the performance of any duties of such employee, are vice-principals of such employer, and are not fellow servants.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 25 - Fellow Servants › Section 2 - "Fellow servant" defined.

34-25-2.
"Fellow servant" defined.
All persons who are engaged in the service of any employer and who while so engaged are in the same grade of service and are working together at the same time and place and to a common purpose, neither of such persons being entrusted by such employer with any superintendence or control over the person's fellow employees, are fellow servants with each other; but nothing herein contained shall be so construed as to make the employees of such employer fellow servants with other employees engaged in any other department of service of such employer. Employees who do not come within the provisions of this section may not be considered fellow servants.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 26 - Wages A Preferred Debt › Section 1 - Extent and condition of preference.

34-26-1.
Extent and condition of preference.
If any property of any person is seized through any process of any court, or when his business is suspended by the act of creditors or is put into the hands of a receiver, assignee, or trustee, either by voluntary or involuntary action, the amount owing to workmen, clerks, traveling or city salesmen, or servants, for work or labor performed within five months next preceding the seizure or transfer of the property shall be considered and treated as preferred debts, and the workmen, clerks, traveling and city salesmen, and servants shall be preferred creditors, the first to be paid in full. If there are not sufficient proceeds to pay them in full, then the proceeds shall be paid to them pro rata, after paying costs. No officer, director, or general manager of a corporation employer or any member of an association employer or partner of a partnership employer is entitled to this preference.
Amended by Chapter 206, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 26 - Wages A Preferred Debt › Section 2 - Claim -- Notice.

34-26-2.
Claim -- Notice.
Any such employee, laborer or servant desiring to enforce his claim for wages under this chapter shall present a statement under oath to the officer, person or court charged with such property within 10 days after the seizure of it on any process, or within 30 days after the same may have been placed in the hands of any receiver, assignee or trustee, showing the amount due after allowing all just credits and setoffs, the kind of work for which such wages are due and when performed. Any person with whom any such claim shall have been filed shall give immediate notice thereof by mail to all persons interested, and, if the claim is not contested as provided in Section 34-26-3, it shall be the duty of the person or the court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 26 - Wages A Preferred Debt › Section 3 - Claim -- Exceptions -- Contest.

34-26-3.
Claim -- Exceptions -- Contest.
Any person interested may within 10 days after the notice of presentment of said statement contest such claims, or any part of them, by filing exceptions to them supported by affidavit with the officer or court having the custody of such property, and thereupon the claimant shall be required to reduce his claim to judgment in some court having jurisdiction before any part thereof shall be paid. The person contesting shall be made a party defendant in any such action and shall have the right to contest such claim, and the prevailing party shall recover proper costs.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 26 - Wages A Preferred Debt › Section 4 - "Wages" defined.

34-26-4.
"Wages" defined.
Whenever used in this chapter, "wages" shall mean all amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 27 - Attorneys' Fees in Suits for Wages › Section 1 - Reasonable amount -- Taxed as costs.

34-27-1.
Reasonable amount -- Taxed as costs.
Whenever a mechanic, artisan, miner, laborer, servant, or other employee shall have cause to bring suit for wages earned and due according to the terms of his employment and shall establish by the decision of the court that the amount for which he has brought suit is justly due, and that a demand has been made in writing at least 15 days before suit was brought for a sum not to exceed the amount so found due, then it shall be the duty of the court before which the case shall be tried to allow to the plaintiff a reasonable attorneys' fee in addition to the amount found due for wages, to be taxed as costs of suit.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 1 - Public and certain other employments excepted.

34-28-1.
Public and certain other employments excepted.
None of the provisions of this chapter shall apply to the state, or to any county, incorporated city or town, or other political subdivision, or to employers and employees engaged in farm, dairy, agricultural, viticultural or horticultural pursuits or to stock or poultry raising, or to household domestic service, or to any other employment where an agreement exists between employer and employee providing for different terms of payment, except the provisions of Section 34-28-5 shall apply to employers or employees engaged in farm, dairy, agricultural, viticultural, horticultural or stock or poultry raising.
Amended by Chapter 64, 1973 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 4 - Notice of paydays -- Failure to notify a misdemeanor.

Effective 5/8/2018
34-28-4.
Notice of paydays -- Failure to notify a misdemeanor.
(1) It shall be the duty of every employer to notify the employer's employees at the time of hiring of the day and place of payment, of the rate of pay, and of any change with respect to any of these items prior to the time of the change. Alternatively, however, every employer shall have the option of giving such notification by posting these facts and keeping them posted conspicuously at or near the place of work where such posted notice can be seen by each employee as the employee comes or goes to the employee's place of work.
(2) Failure to post and to keep posted any notice or failure to give notice as prescribed in this section is a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 5 - Separation from payroll -- Resignation -- Cessation because of industrial dispute.

Effective 5/8/2018
34-28-5.
Separation from payroll -- Resignation -- Cessation because of industrial dispute.
(1)
(a) When an employer separates an employee from the employer's payroll the unpaid wages of the employee become due immediately, and the employer shall pay the wages to the employee within 24 hours of the time of separation at the specified place of payment.
(b) An employer satisfies the 24-hour time requirement described in Subsection (1)(a) if:
(i)
(A) the employer mails the wages to the employee; and
(B) the envelope that contains the wages is postmarked with a date that is no more than one day after the day on which the employer separates the employee from the employer's payroll; or
(ii) within 24 hours after the employer separates the employee from the employer's payroll, the employer:
(A) initiates a direct deposit of the wages into the employee's account; or
(B) hand delivers the wages to the employee.
(c)
(i) In case of failure to pay wages due an employee within 24 hours of written demand, the wages of the employee shall continue from the date of demand until paid, but in no event to exceed 60 days, at the same rate that the employee received at the time of separation.
(ii) The employee may recover the penalty thus accruing to the employee in a civil action. This action shall be commenced within 60 days from the date of separation.
(iii) An employee who has not made a written demand for payment is not entitled to any penalty under this Subsection (1)(c).
(2) If an employee does not have a written contract for a definite period and resigns the employee's employment, the wages earned and unpaid together with any deposit held by the employer and properly belonging to the resigned employee for the performance of the employee's employment duties become due and payable on the next regular payday.
(3) If work ceases as the result of an industrial dispute, the wages earned and unpaid at the time of this cessation become due and payable at the next regular payday, as provided in Section 34-28-3, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of the industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.
(4) For a sales agent employed in whole or in part on a commission basis who has custody of accounts, money, or goods of the sales agent's principal, this section does not apply to the commission-based portion of the sales agent's earnings if the net amount due the agent is determined only after an audit or verification of sales, accounts, funds, or stocks.
Amended by Chapter 307, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 6 - Dispute over wages -- Notice and payment.

34-28-6.
Dispute over wages -- Notice and payment.
(1) In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages that the employer concedes to be due and shall pay such amount without condition within the time set by this chapter.
(2) Acceptance by an employee of a payment described in Subsection (1) does not constitute a release as to the balance of the employee's claim.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 7 - Payment at more frequent intervals permitted -- Agreements to contravene chapter prohibited unless approved by division.

34-28-7.
Payment at more frequent intervals permitted -- Agreements to contravene chapter prohibited unless approved by division.
Nothing contained in this chapter shall in any way limit or prohibit the payment of wages or compensation at more frequent intervals, or in greater amounts or in full when or before due, but no provisions of this chapter can in any way be contravened or set aside by a mutual agreement unless the agreement is approved by the division.
Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 9.5 - Private cause of action.

Effective 5/9/2017
34-28-9.5.
Private cause of action.
(1) Except as provided in Subsection (2), for a wage claim that is less than or equal to $10,000, the employee shall exhaust the employee's administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 before the employee may file an action in district court.
(2) An employee may file an action for a wage claim in district court without exhausting the administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 if:
(a) the employee's wage claim is over $10,000;
(b)
(i) the employee's wage claim is less than or equal to $10,000;
(ii) the employee asserts one or more additional claims against the same employer; and
(iii) the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or
(c)
(i) in the same civil action, more than one employee files a wage claim against an employer; and
(ii) the aggregate amount of the employees' combined wage claim is greater than $10,000.
(3) In an action under this section, the court may award an employee:
(a) actual damages;
(b) an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:
(i) the period beginning the day on which the court issues a final order and ending the day on which the employer pays the unpaid wages owed to the employee; or
(ii) 20 days after the day on which the court issues a final order; and
(c) a penalty described in Subsection 34-28-5(1)(c), if applicable.
Enacted by Chapter 85, 2017 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 10 - Employers' records -- Inspection by division.

Effective 5/13/2014
34-28-10.
Employers' records -- Inspection by division.
(1)
(a) Every employer shall keep a true and accurate record of time worked and wages paid each pay period to each employee who is employed on an hourly or a daily basis in the form required by the commission rules.
(b) The employer shall keep the records on file for at least one year after the entry of the record.
(2) An employer licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, shall retain a copy of each pay statement described in Subsection 34-28-3(5) for at least three years after the day on which the employer gives a copy of the pay statement to the employee.
(3) The director of the division or the director's designee may enter any place of employment during business hours to inspect the records described in this section and to ensure compliance with this section.
(4) Any effort of any employer to obstruct the commission in the performance of its duties is considered to be a violation of this chapter and may be punished as any other violation of this chapter.
Amended by Chapter 188, 2014 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 12 - Violations -- Misdemeanor.

Effective 5/8/2018
34-28-12.
Violations -- Misdemeanor.
(1) Any employer who violates or fails to comply with any of the provisions of this chapter is guilty of a class B misdemeanor.
(2) Any employer who shall refuse to pay the wages due and payable when demanded as in this chapter provided, or who shall falsely deny the amount thereof, or that the same is due, with intent to secure for the employer or any other person any discount upon such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due, or who hires additional employees without advising each of them of every wage claim due and unpaid and of every judgment that the employer has failed to satisfy, is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 28 - Payment of Wages › Section 13 - Assignment of wage claims -- Powers of division.

34-28-13.
Assignment of wage claims -- Powers of division.
(1) The division may take assignments of wage claims, rights of actions for penalties under Section 34-28-5, mechanics' and other liens of workers and rights of action against sureties, without being bound to any of the technical rules with reference to the validity of the assignments.
(2) The division may prosecute actions for the collection of claims which are valid and enforceable in the courts. The division may join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.
Amended by Chapter 240, 1996 General Session