reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 2 - Definitions.

Effective 5/10/2016
34-38-2.
Definitions.
For purposes of this chapter:
(1) "Alcohol" means ethyl alcohol or ethanol.
(2) "Drugs" means a substance recognized as a drug in the United States Pharmacopoeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, or supplement to any of those compendia.
(3) "Employee" means an individual in the service of an employer for compensation.
(4)
(a) "Employer" means a person, including a public utility or transit district, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(b) "Employer" does not include the federal or state government, or other local political subdivisions.
(5) "Failed test" means a confirmed drug or alcohol test that indicates that the sample tested is:
(a) positive;
(b) adulterated; or
(c) substituted.
(6) "Inaccurate test result" means a test result that is treated as a positive test result, when the sample should not have resulted in a positive test result.
(7) "Licensed physician" means an individual who is licensed:
(a) as a doctor of medicine under Title 58, Chapter 67, Utah Medical Practice Act, or similar law of another state; or
(b) as an osteopathic physician or surgeon under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or similar law of another state.
(8) "Prospective employee" means an individual who applies to an employer, either in writing or orally, to become the employer's employee.
(9) "Sample" means urine, blood, breath, saliva, or hair.
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 3 - Testing for drugs or alcohol.

34-38-3.
Testing for drugs or alcohol.
(1) If an employer tests an employee or prospective employee for the presence of drugs or alcohol as a condition of hiring or continued employment, the employer is protected from liability as provided in this chapter if the employer complies with this chapter. However, employers and management in general shall submit to the testing themselves on a periodic basis.
(2)
(a) An organization that operates a storage facility or transfer facility or that is engaged in the transportation of high-level nuclear waste or greater than class C radioactive waste within the exterior boundaries of the state shall establish a mandatory drug testing program regarding drugs and alcohol for prospective and existing employees as a condition of hiring any employee or the continued employment of any employee. As a part of the program, employers and management in general shall submit to the testing themselves on a periodic basis. The program shall implement testing standards and procedures established under Subsection (2)(b).
(b) The executive director of the Department of Environmental Quality, in consultation with the Labor Commission under Section 34A-1-103, shall by rule establish standards for timing of testing and dosage for impairment for the drug and alcohol testing program under this Subsection (2). The standards shall address the protection of the safety, health, and welfare of the public.
Amended by Chapter 284, 2010 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 4 - Samples -- Identification and collection.

34-38-4.
Samples -- Identification and collection.
In order to test reliably for the presence of drugs or alcohol, an employer may require samples from his employees and prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample shall be in conformance with the requirements of Section 34-38-6. The employer may designate the type of sample to be used for testing.
Enacted by Chapter 234, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 5 - Time of testing -- Cost of testing and transportation.

34-38-5.
Time of testing -- Cost of testing and transportation.
(1) Any drug or alcohol testing by an employer shall occur during or immediately after the regular work period of current employees and shall be deemed work time for purposes of compensation and benefits for current employees.
(2) An employer shall pay all costs of testing for drugs or alcohol required by the employer, including the cost of transportation if the testing of a current employee is conducted at a place other than the workplace.
Enacted by Chapter 234, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 6 - Requirements for collection and testing.

34-38-6.
Requirements for collection and testing.
(1) The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter.
(2) The collection of a sample shall be performed under reasonable and sanitary conditions.
(3) A sample shall be collected and tested:
(a) with due regard to the privacy of the individual being tested; and
(b) in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of a reliable sample.
(4) The sample collection shall be documented. The documentation procedures required by this Subsection (4) include:
(a) labeling of a sample so as reasonably to preclude the probability of erroneous identification of test results; and
(b) an opportunity for the employee or prospective employee to provide notification of any information that the employee or prospective employee considers relevant to the test, including:
(i) identification of currently or recently used prescription or nonprescription drugs; or
(ii) other relevant medical information.
(5) Sample collection, storage, and transportation to the place of testing shall be performed so as reasonably to preclude the probability of sample contamination or adulteration.
(6)
(a) Testing of a sample shall conform to scientifically accepted analytical methods and procedures.
(b) Before a test of a sample may be considered a failed test and used as a basis for an action by an employer under Section 34-38-8, testing of the sample shall include a confirmation test:
(i) by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method; and
(ii) if the sample used for a test is a urine sample, by a laboratory that is certified by the United States Department of Health and Human Services under the National Laboratory Certification Program.
Amended by Chapter 284, 2010 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 7 - Employer's written testing policy -- Purposes and requirements for collection and testing -- Employer's use of test results.

34-38-7.
Employer's written testing policy -- Purposes and requirements for collection and testing -- Employer's use of test results.
(1) Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has been distributed to employees and is available for review by prospective employees.
(2) Within the terms of his written policy, an employer may require the collection and testing of samples for the following purposes:
(a) investigation of possible individual employee impairment;
(b) investigation of accidents in the workplace or incidents of workplace theft;
(c) maintenance of safety for employees or the general public; or
(d) maintenance of productivity, quality of products or services, or security of property or information.
(3) The collection and testing of samples shall be conducted in accordance with Sections 34-38-4, 34-38-5, and 34-38-6, and need not be limited to circumstances where there are indications of individual, job-related impairment of an employee or prospective employee.
(4) The employer's use and disposition of all drug or alcohol test results are subject to the limitations of Sections 34-38-8 and 34-38-13.
Enacted by Chapter 234, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 8 - Employer's disciplinary or rehabilitative actions.

34-38-8.
Employer's disciplinary or rehabilitative actions.
(1) An employer may take an action described in Subsection (2) if:
(a) the employer receives a test result that:
(i) indicates a failed test;
(ii) is confirmed as required by Subsection 34-38-6(6); and
(iii) indicates a violation of the employer's written policy; or
(b) an employee or prospective employee refuses to provide a sample.
(2) An employer may use a test result or a refusal described in Subsection (1) as the basis for disciplinary or rehabilitative actions, which may include the following:
(a) a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
(b) suspension of the employee with or without pay for a period of time;
(c) termination of employment;
(d) refusal to hire a prospective employee; or
(e) other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.
Amended by Chapter 284, 2010 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 9 - No cause of action for failure to test or detect substance or problem, or for termination of testing program.

34-38-9.
No cause of action for failure to test or detect substance or problem, or for termination of testing program.
No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following:
(1) failure to test for drugs or alcohol, or failure to test for a specific drug or other substance;
(2) failure to test for, or if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or alcohol testing program or policy.
Enacted by Chapter 234, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 10 - A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.

34-38-10.
A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.
(1) A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol testing in accordance with this chapter, and who takes an action under Section 34-38-8, unless the employer takes the action on the basis of an inaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that an employer's action is based on an inaccurate test result:
(a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and
(b) the employer is not liable for monetary damages if the employer's reliance on an inaccurate test result is reasonable and in good faith.
(3)
(a) There is a rebuttable presumption that the employer complies with Section 34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who is trained in the interpretation of drug and alcohol test results:
(i) provides medical assessment of a result that indicates a failed test;
(ii) requests re-analysis of a test result if necessary; and
(iii) makes a determination whether or not alcohol or other drug use has occurred.
(b) A court may find that an employer complies with Section 34-38-6 notwithstanding that the employer's drug and alcohol testing program does not include an action described in Subsection (3)(a).
Amended by Chapter 284, 2010 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 11 - Bases for cause of action for defamation, libel, slander, or damage to reputation.

34-38-11.
Bases for cause of action for defamation, libel, slander, or damage to reputation.
No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, the tested employee, or the tested prospective employee;
(2) the information disclosed is based on an inaccurate test result;
(3) an inaccurate test result is disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.
Amended by Chapter 284, 2010 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 12 - No cause of action for failure of employer to establish testing program.

34-38-12.
No cause of action for failure of employer to establish testing program.
No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug or alcohol testing.
Enacted by Chapter 234, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 13 - Confidentiality of test-related information.

Effective 5/4/2022
34-38-13.
Confidentiality of test-related information.
(1) For purposes of this section, "test-related information" means the following received by the employer through the employer's drug or alcohol testing program:
(a) information;
(b) interviews;
(c) reports;
(d) statements;
(e) memoranda; or
(f) test results.
(2) Except as provided in Subsections (3) and (6), test-related information is a confidential communication and may not be:
(a) used or received in evidence;
(b) obtained in discovery; or
(c) disclosed in any public or private proceeding.
(3) Test-related information:
(a) shall be disclosed to the Division of Professional Licensing:
(i) in the manner provided in Subsection 58-13-5(3); and
(ii) only to the extent required under Subsection 58-13-5(3); and
(b) may only be used in a proceeding related to:
(i) an action taken by the Division of Professional Licensing under Section 58-1-401 when the Division of Professional Licensing is taking action in whole or in part on the basis of test-related information disclosed under Subsection (3)(a);
(ii) an action taken by an employer under Section 34-38-8; or
(iii) an action under Section 34-38-11.
(4) Test-related information shall be the property of the employer.
(5) An employer is entitled to use a drug or alcohol test result as a basis for action under Section 34-38-8.
(6) An employer may not be examined as a witness with regard to test-related information, except:
(a) in a proceeding related to an action taken by the employer under Section 34-38-8;
(b) in an action under Section 34-38-11; or
(c) in an action described in Subsection (3)(b)(i).
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 14 - Employee not a person with a disability.

34-38-14.
Employee not a person with a disability.
An employee or prospective employee whose drug or alcohol test result is confirmed as positive in accordance with this chapter may not, because of those results alone, be defined as a person with a disability for purposes of Title 34A, Chapter 5, Utah Antidiscrimination Act.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 38 - Drug and Alcohol Testing › Section 15 - No physician-patient relationship created.

34-38-15.
No physician-patient relationship created.
A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing the test, solely by the establishment of a drug or alcohol testing program in the workplace.
Enacted by Chapter 234, 1987 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 39 - Employment Inventions Act › Section 2 - Definitions.

34-39-2.
Definitions.
As used in this chapter:
(1) "Employment invention" means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:
(a) conceived, developed, reduced to practice, or created by the employee:
(i) within the scope of his employment;
(ii) on his employer's time; or
(iii) with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property;
(b) the result of any work, services, or duties performed by an employee for his employer;
(c) related to the industry or trade of the employer; or
(d) related to the current or demonstrably anticipated business, research, or development of the employer.
(2) "Intellectual property" means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them.
Enacted by Chapter 217, 1989 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 39 - Employment Inventions Act › Section 3 - Scope of act -- When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions -- Exceptions.

34-39-3.
Scope of act -- When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions -- Exceptions.
(1) An employment agreement between an employee and his employer is not enforceable against the employee to the extent that the agreement requires the employee to assign or license, or to offer to assign or license, to the employer any right or intellectual property in or to an invention that is:
(a) created by the employee entirely on his own time; and
(b) not an employment invention.
(2) An agreement between an employee and his employer may require the employee to assign or license, or to offer to assign or license, to his employer any or all of his rights and intellectual property in or to an employment invention.
(3) Subsection (1) does not apply to:
(a) any right, intellectual property or invention that is required by law or by contract between the employer and the United States government or a state or local government to be assigned or licensed to the United States; or
(b) an agreement between an employee and his employer which is not an employment agreement.
(4) Notwithstanding Subsection (1), an agreement is enforceable under Subsection (1) if the employee's employment or continuation of employment is not conditioned on the employee's acceptance of such agreement and the employee receives a consideration under such agreement which is not compensation for employment.
(5) Employment of the employee or the continuation of his employment is sufficient consideration to support the enforceability of an agreement under Subsection (2) whether or not the agreement recites such consideration.
(6) An employer may require his employees to agree to an agreement within the scope of Subsection (2) as a condition of employment or the continuation of employment.
(7) An employer may not require his employees to agree to anything unenforceable under Subsection (1) as a condition of employment or the continuation of employment.
(8) Nothing in this chapter invalidates or renders unenforceable any employment agreement or provisions of an employment agreement unrelated to employment inventions.
Enacted by Chapter 217, 1989 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 1 - Title - Definitions - Minimum Wage - Exemptions › Section 102 - Definitions -- Joint employees -- Franchisors.

Effective 5/10/2016
34-40-102.
Definitions -- Joint employees -- Franchisors.
(1) Subject to Subsection (3), this chapter and the terms used in it, including the computation of wages, shall be interpreted consistently with the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., as amended, to the extent that act relates to the payment of a minimum wage.
(2) As used in this chapter:
(a) "Cash wage obligation" means an hourly wage that an employer pays a tipped employee regardless of the tips or gratuities a tipped employee receives.
(b) "Commission" means the Labor Commission.
(c) "Division" means the Division of Antidiscrimination and Labor in the commission.
(d) "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
(e) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(f) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(g) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(h) "Minimum wage" means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise.
(i) "Tipped employee" means an employee who customarily and regularly receives tips or gratuities.
(3) Notwithstanding Subsection (1), for purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(4)
(a) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee; or
(ii) a franchisee's employee.
(b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (4) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Amended by Chapter 370, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 1 - Title - Definitions - Minimum Wage - Exemptions › Section 103 - Minimum wage -- Commission to review and modify minimum wage.

34-40-103.
Minimum wage -- Commission to review and modify minimum wage.
(1)
(a) The minimum wage for all private and public employees within the state shall be $3.35 per hour.
(b) Effective April 1, 1990, the minimum wage shall be $3.80 per hour.
(2)
(a) After July 1, 1990, the commission may by rule establish the minimum wage or wages as provided in this chapter that may be paid to employees in public and private employment within the state.
(b) The minimum wage, as established by the commission, may not exceed the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of 1938, as amended, in effect at the time of implementation of this section.
(c) The commission:
(i) may review the minimum wage at any time;
(ii) shall review the minimum wage at least every three years; and
(iii) shall review the minimum wage whenever the federal minimum wage is changed.
(3) The commission may provide for separate minimum hourly wages for minors.
Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 1 - Title - Definitions - Minimum Wage - Exemptions › Section 105 - Grant of rulemaking authority.

34-40-105.
Grant of rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may issue rules that are consistent with this chapter.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 1 - Title - Definitions - Minimum Wage - Exemptions › Section 106 - Limitations on minimum wage imposed by cities, towns, or counties.

34-40-106.
Limitations on minimum wage imposed by cities, towns, or counties.
(1) A city, town, or county may not establish, mandate, or require a minimum wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
(2)
(a) A city, town, or county may not require that a person who contracts with the city, town, or county pay that person's employees a wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
(b) Subsection (2)(a) does not apply when federal law requires the payment of a specified wage to persons working on projects funded in whole or in part by federal funds.
(c) Subsection (2)(a) applies to contracts executed on or after April 30, 2001.
(3)
(a) If a city, town, or county contracts with a person for the direct purchase of goods or services, in awarding or otherwise executing that contract, the city, town, or county may not give any preferential treatment to a person on the basis that the person pays that person's employees a wage that exceeds the minimum wage as provided in 29 U.S.C. 201 et seq., Fair Labor Standards Act of 1938.
(b) This Subsection (3) does not apply when federal law requires the consideration of whether a person pays the person's employees a specified wage to persons working on projects funded in whole or in part by federal funds.
(c) This Subsection (3) applies to contracts executed on or after May 2, 2005.
(4)
(a) The restrictions of this section on a city, town, or county apply to any entity created by the city, town, or county.
(b) This Subsection (4) applies to contracts executed on or after May 2, 2005.
Amended by Chapter 287, 2005 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 2 - Enforcement - Penalties › Section 201 - Recordkeeping.

34-40-201.
Recordkeeping.
Employers shall keep payroll records of employees covered by this chapter showing names, addresses, and dates of birth. Such records shall also show hours worked and wages paid to all covered employees. Records shall be maintained for three years.
Enacted by Chapter 8, 1990 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 2 - Enforcement - Penalties › Section 202 - Enforcement.

34-40-202.
Enforcement.
The division shall enforce this chapter and investigate complaints under this chapter. The division may commence administrative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and may impose a penalty of up to $500 per violation of this chapter.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 2 - Enforcement - Penalties › Section 203 - Investigation authority.

34-40-203.
Investigation authority.
(1) The division shall have access to all payroll records of any place of business or establishment, required by this chapter to pay its employees a minimum wage, to investigate for compliance with this chapter.
(2) The division shall have access to business records kept at the place of business or establishment which may aid in the enforcement of this chapter.
Amended by Chapter 240, 1996 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 2 - Enforcement - Penalties › Section 204 - Criminal penalty -- Enforcement.

Effective 5/14/2019
34-40-204.
Criminal penalty -- Enforcement.
(1) As used in this section, "violation" includes separate violations as to individual employees arising out of the same investigation or enforcement action.
(2)
(a) A violation of this chapter is an infraction.
(b) A second violation of this chapter is a class C misdemeanor.
(c) A third or subsequent violation of this chapter is a class B misdemeanor.
(3) Upon an employer's violation of this section, the commission may prosecute a criminal action in the name of the state.
(4) The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.
Amended by Chapter 189, 2019 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 40 - Utah Minimum Wage Act › Part 2 - Enforcement - Penalties › Section 205 - Civil action allowed.

34-40-205.
Civil action allowed.
(1) In addition to the administrative and criminal actions authorized by this chapter, an employee may bring a civil action to enforce his rights under this chapter.
(2)
(a) An aggrieved employee is entitled to injunctive relief and may recover the difference between the wage paid and the minimum wage, plus interest.
(b) The court may award court costs and attorney fees to the prevailing party.
(3) An action brought under this section shall be brought within two years of the alleged violation.
Enacted by Chapter 8, 1990 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies › Section 101 - Definitions.

Effective 2/27/2023
34-41-101.
Definitions.
As used in this chapter:
(1) "Drug" means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia.
(2) "Drug testing" means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter.
(3) "Local governmental employee" means any person or officer in the service of a local governmental entity or state institution of higher education for compensation.
(4)
(a) "Local governmental entity" means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities.
(b) "Local governmental entity" does not mean Utah state government or its administrative subdivisions provided for in Sections 63A-17-1001 through 63A-17-1006.
(5) "Periodic testing" means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule.
(6) "Prospective employee" means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education.
(7) "Random testing" means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category.
(8) "Reasonable suspicion for drug testing" means an articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that a local government employee or volunteer is in violation of the drug-free workplace policy.
(9) "Rehabilitation testing" means unannounced but preselected drug testing done as part of a program of counseling, education, and treatment of an employee or volunteer in conjunction with the drug-free workplace policy.
(10) "Safety sensitive position" means any local governmental or state institution of higher education position involving duties which directly affects the safety of governmental employees, the general public, or positions where there is access to controlled substances, as defined in Title 58, Chapter 37, Utah Controlled Substances Act, during the course of performing job duties.
(11) "Sample" means urine, blood, breath, saliva, or hair.
(12) "State institution of higher education" means the institution as defined in Section 53B-3-102.
(13) "Volunteer" means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies › Section 102 - Governmental drug-free workplace policies.

Effective 5/10/2016
34-41-102.
Governmental drug-free workplace policies.
(1) Any local governmental entity or state institution of higher education may establish workplace policies and procedures designed to:
(a) educate, counsel, and increase awareness of the dangers of drugs; and
(b) prohibit and discourage the detrimental use of drugs among its various classes of employees and volunteers.
(2) A local governmental entity or state institution of higher education may test employees, volunteers, prospective employees, and prospective volunteers for the presence of drugs or their metabolites, in accordance with the provisions of this chapter, as a condition of hiring, continued employment, and voluntary services.
(3) A drug-free workplace policy may include, but does not require, drug testing under the following circumstances:
(a) preemployment hiring or volunteer selection procedures;
(b) postaccident investigations;
(c) reasonable suspicion situations;
(d) preannounced periodic testing;
(e) rehabilitation programs;
(f) random testing in safety sensitive positions; or
(g) to comply with the federal Drug Free Workplace Act of 1988, 41 U.S.C. Sec. 8101 et seq., or other federally required drug policies.
(4) This section may not be construed to prohibit local governmental entities or state institutions of higher education from establishing policies regarding other hazardous or intoxicating substances.
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies › Section 103 - Policy requirements.

34-41-103.
Policy requirements.
(1)
(a) Before testing or retesting for the presence of drugs, a local governmental entity or state institution of higher education shall:
(i) adopt a written policy or ordinance;
(ii) distribute it to employees and volunteers; and
(iii) make it available for review by prospective employees and prospective volunteers.
(b) The local governmental entity or state institution of higher education may only test or retest for the presence of drugs by following the procedures and requirements of that ordinance or policy.
(2) The collection and testing of samples shall be conducted in accordance with Section 34-41-104 and not necessarily limited to circumstances where there are indications of individual, job-related impairment of an employee or volunteer.
(3) The use and disposition of all drug test results are subject to the limitations of Title 63G, Chapter 2, Government Records Access and Management Act, and Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.
(4) An employee, prospective employee, volunteer, or prospective volunteer shall submit a split urine sample for testing or retesting.
(5) A split urine sample shall consist of at least 45 ml of urine. The urine shall be divided into two specimen bottles, with at least 30 ml of urine in one bottle and at least 15 ml of urine in the other. If the test results of the 30 ml urine sample indicate the presence of drugs, the donor of the test shall have 72 hours from the time the donor is so notified to request, at the donor's option that the 15 ml urine sample be tested for the indicated drugs, the expense of which shall be divided equally between the donor and employer. In addition to the test results of the 30 ml urine sample, the test results of the 15 ml urine sample shall be considered at any subsequent disciplinary hearing if the requirements of this section and Section 34-41-104 have been complied with in the collection, handling, and testing of these samples.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies › Section 105 - Rehabilitative and disciplinary actions.

34-41-105.
Rehabilitative and disciplinary actions.
(1) If a verified or confirmed positive drug test result indicates a violation of the local governmental entity's or state institution of higher education's written drug-free workplace policy, if an employee, volunteer, prospective employee, or prospective volunteer refuses to provide a sample in accordance with the written policy, or otherwise violates the written policy, an employer may use that test result, refusal, or violation as the basis for imposing any rehabilitative and disciplinary actions authorized by this section.
(2) If the conditions required by Subsection (1) are met, the employer may:
(a) require the employee to enroll in a rehabilitation, treatment, or counseling and educational program, approved by the local governmental entity or state institution of higher education as a condition of continued employment or volunteer service;
(b) suspend the employee with or without pay for a period of time;
(c) terminate the employment or voluntary services;
(d) refuse to hire a prospective employee or use the services of a volunteer; and
(e) impose disciplinary measures in conformance with the usual procedures, including employment contracts of the local governmental entity or state institution of higher education.
Enacted by Chapter 18, 1994 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies › Section 106 - Employee not a person with a disability.

34-41-106.
Employee not a person with a disability.
An employee, volunteer, prospective employee, or prospective volunteer whose drug test results are verified or confirmed as positive in accordance with the provisions of this chapter may not, by virtue of those results alone, be defined as a person with a disability for purposes of:
(1)Title 34A, Chapter 5, Utah Antidiscrimination Act; or
(2) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 through 12213.
Amended by Chapter 297, 2011 General Session
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies › Section 107 - No physician-patient relationship created.

34-41-107.
No physician-patient relationship created.
A physician-patient relationship is not created between an employee, volunteer, prospective employee, or prospective volunteer, and the local governmental entity, state institution of higher education, or any person performing the test, solely by the establishment of a drug testing program in the workplace.
Enacted by Chapter 18, 1994 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 42 - Employer Reference Immunity › Section 1 - Employer references -- Civil liability -- Rebuttable presumption -- Common law.

34-42-1.
Employer references -- Civil liability -- Rebuttable presumption -- Common law.
(1) An employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, may not be held civilly liable for the disclosure or the consequences of providing the information.
(2) There is a rebuttable presumption that an employer is acting in good faith when the employer provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee.
(3) The presumption of good faith is rebuttable only upon showing by clear and convincing evidence that the employer disclosed the information with actual malice or with intent to mislead.
(4) For purposes of this section "actual malice" means knowledge that the information was false or reckless disregard of whether the information was false.
(5) This section does not alter any privileges that exist under common law.
Enacted by Chapter 346, 1995 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 43 - Disaster Service Volunteer Leave Act › Section 102 - Definitions.

34-43-102.
Definitions.
As used in this chapter:
(1) "Certified disaster service volunteer" means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross.
(2) "Disaster" means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures.
(3) "State agency" means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government.
Enacted by Chapter 186, 1998 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 43 - Disaster Service Volunteer Leave Act › Section 103 - Leave of absence -- Request for leave -- Approval by agency.

Effective 5/8/2018
34-43-103.
Leave of absence -- Request for leave -- Approval by agency.
(1) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay for an aggregate of up to 15 work days, consecutively or nonconsecutively, in any 12-month period to participate in disaster relief services for a disaster relief organization in connection with any disaster, upon the disaster relief organization's request for the employee's services.
(2) An employee of a state agency requesting leave under this chapter shall file a written request with the employing state agency which includes:
(a) the anticipated duration of the leave of absence;
(b) the type of service the employee is to provide on behalf of the disaster relief organization described in Subsection (1);
(c) the nature and location of the disaster where the employee's services will be provided; and
(d) a copy of the written request for the employee's services from an official of the disaster relief organization.
(3) Nothing contained in this chapter shall be construed to require any state agency to grant a public employee's request for voluntary disaster service leave if the employing state agency determines that the grant of leave would pose a hardship on the employing state agency.
Amended by Chapter 34, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 44 - Sales Representative Commission Payment Act › Part 1 - General Provisions › Section 103 - Jurisdiction in courts.

34-44-103.
Jurisdiction in courts.
An action under this chapter may be brought against a principal in a court of this state if:
(1) the principal enters into a business relationship in this state with a sales representative to solicit orders for a product or a service; or
(2)
(a) a product of the principal is:
(i) manufactured, distributed, sold, or received in this state; or
(ii) imported to or from this state; or
(b) a service of the principal is provided in this state.
Enacted by Chapter 65, 2007 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 44 - Sales Representative Commission Payment Act › Part 1 - General Provisions › Section 104 - Void provisions.

34-44-104.
Void provisions.
Any of the following provisions in an agreement between a sales representative and a principal is void:
(1) an express waiver of any right under this chapter;
(2) for a writing required by Section 34-44-201 that is entered into in this state, a provision that makes the sales representative subject to the laws of another state; or
(3) a requirement that the sales representative pursue a claim under this chapter in a court not located in the state.
Enacted by Chapter 65, 2007 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 44 - Sales Representative Commission Payment Act › Part 2 - Requirements and Prohibitions › Section 201 - Written business relationship.

34-44-201.
Written business relationship.
(1) The business relationship between a sales representative and a principal shall be in a writing signed by both the principal and the sales representative.
(2) The writing required by Subsection (1) shall set forth the method by which the sales representative's commission is:
(a) computed; and
(b) paid.
(3) The principal shall provide the sales representative with a copy of the signed writing required by Subsection (1).
Enacted by Chapter 65, 2007 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 44 - Sales Representative Commission Payment Act › Part 2 - Requirements and Prohibitions › Section 202 - Payment of commission -- Payment on termination -- Settlement.

34-44-202.
Payment of commission -- Payment on termination -- Settlement.
(1) The principal shall pay a sales representative all commissions due to the sales representative during the time the business relationship between the principal and sales representative is in effect in accordance with the writing required by Section 34-44-201.
(2) If a business relationship between a principal and sales representative terminates, the principal shall pay to the sales representative:
(a) within 30 days after the day on which the termination is effective, all commissions due on the day on which the termination is effective; and
(b) within 14 days after the day on which a commission becomes due if the commission is due after the day on which the termination is effective.
(3)
(a) Unless payment is made pursuant to a binding and final written settlement agreement and release, the acceptance by a sales representative of a partial commission paid by the principal under the business relationship does not constitute a release as to the balance of any commission that the sales representative claims is due because of the business relationship.
(b) A full release of all commission claims required by a principal as a condition to a partial commission payment is void.
Enacted by Chapter 65, 2007 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 44 - Sales Representative Commission Payment Act › Part 2 - Requirements and Prohibitions › Section 203 - Revocable offer of commission.

34-44-203.
Revocable offer of commission.
If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed upon under the business relationship if:
(1) the principal revokes the offer of commission;
(2) the sales representative establishes that the revocation is for a purpose of avoiding payment of the commission;
(3) the revocation occurs after the principal obtains an order for the principal's product or service through the efforts of the sales representative; and
(4) the principal's product or service that is the subject of the order is provided to and paid for by a customer.
Enacted by Chapter 65, 2007 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 44 - Sales Representative Commission Payment Act › Part 3 - Remedies › Section 301 - Failure to pay commission.

34-44-301.
Failure to pay commission.
(1) A sales representative may bring a civil action in a court of competent jurisdiction against a principal for failure by the principal to comply with:
(a) any provision of an agreement relating to the payment of commission; or
(b) Subsection 34-44-202(1) or (2).
(2) If a principal is found liable under Subsection (1), the principal is liable to the sales representative for:
(a) three times an amount calculated by:
(i) determining the sum of unpaid commission owed to the sales representative; and
(ii) subtracting from the amount determined under Subsection (2)(a)(i) money the sales representative owes the principal;
(b) reasonable attorney fees; and
(c) court costs.
Enacted by Chapter 65, 2007 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 44 - Sales Representative Commission Payment Act › Part 3 - Remedies › Section 302 - Other remedies.

34-44-302.
Other remedies.
This chapter does not:
(1) invalidate or restrict any alternative or additional right or remedy available to a sales representative; or
(2) preclude a sales representative from seeking to recover in an action on all claims against a principal.
Enacted by Chapter 65, 2007 General Session