Table of contents
Wage and Hour Laws
Minimum Wage
Utah minimum wage is $7.25 an hour (the same as the federal minimum wage).Â
Some employees are exempt from Utahâs minimum wage, including:
- Employees covered by the federal Fair Labor Standards Act (FLSA) minimum wage.
- Outside salespersons.
- Employees who work for their immediate family members.
- Casual and domestic employees.Â
- Certain agricultural workers.Â
Employers can pay sub-minimum wages to some employees. These include minors during their first 90 days of employment ($4.25 an hour) and individuals with disabilities (any lower minimum wage must relate to the individualâs productivity).
Tipped Minimum Wage
The tipped minimum wage in Utah is $2.13 an hour. Employers can pay workers $2.13 an hour if their wages and tips add up to at least $7.25 an hour.Â
Overtime Laws
Utah doesnât have any overtime laws for employees in the private sector. However, many employees are covered by the overtime provisions of the federal FLSA, which requires employers to pay covered employees 1.5 times their regular pay rate for any hours worked over 40 in a week.
đĄ Pro Tip:
Struggling with overtime calculations under the federal Fair Labor Standards Act (FLSA)? Connecteamâs time clock automatically calculates hours and overtime, helping you stay compliant with ease.
Meal and Rest Breaks
Utah doesnât require employers to provide employees aged 18+ with meal or rest breaks.
Recordkeeping
For workers employed hourly or daily, employers must keep records of the hours they work and the wages they receive for at least 1 year.
For the unemployment insurance purposes, employers must keep records of the following for each employee:
- Name and Social Security number.Â
- Date of hire.Â
- Place of employment.Â
- Date of departure and reason for leaving.Â
- Start and end dates of each pay period and when wages were paid.Â
- Total wages paid in each pay period, separate from other payments like tips.Â
- Time records.Â
- Other payments, including bonuses and gifts.Â
- Value of other benefits provided, such as meals or accommodation.Â
đ§ Did You Know?
Keeping accurate and comprehensive records, as required by Utah labor laws, can be streamlined with Connecteam’s built-in time tracking and recordkeeping features. Avoid compliance risks with digital tools that ensure you’re always audit-ready.
Employee Scheduling Laws
Utah doesnât have any predictive scheduling laws.Â
Employee Compensation and Benefits
Reporting Time Pay
Utah doesnât require employers to pay employees reporting time when employees are sent home at the start of a shift or early. Employees must be paid for any time worked.
Payday Frequency and Method
Utah employers must pay employees at least semimonthly on regular paydays. A payday must occur within 10 days of a pay period ending. If a payday is a weekend or holiday, employers must pay employees the day before it.
Employees who receive yearly salaries can be paid monthly on or before the 7th of the month following the one in which the employeesâ services were rendered.
Employees can be paid in cash, by check, or by electronic transfer. Employees can refuseâin writingâto receive their wages by electronic transfer. However, they canât do this if their employerâs federal employment taxes for the previous year were $250,000 or more and at least two-thirds of the employerâs workforce is paid by electronic transfer.
Employers must notify employees about their paydays, pay rates, and payment methods. They can do this when hiring them or by posting this information somewhere in the workplace where employees can see it when they come and go from work.
đĄ Pro Tip:
Utah employers must notify employees about their pay rates, paydays, and payment methods. Simplify this process with Connecteamâs communication hub, which allows you to send out announcements and policies to employees with instant confirmation tracking.
Paystub Requirements
Employers licensed under the Utah Construction Trades Licensing Act must provide employees with a statement each payday that includes:
- The employeeâs name and base pay rate.
- Start and end dates of the pay period.Â
- Number of hours worked (if paid hourly).
- Details of any amounts withheld by the employerâfor example, for state and federal income taxes.Â
- The employeeâs total amount of pay. Â
Employers must keep a copy of these pay statements for at least 3 years.
All employers must provide employees with a statement of any deductions for each pay period.
Wage Deductions and Garnishments
Utah employers can withhold or deduct employeesâ pay only in limited circumstances. These include situations where:
- Doing so is required by state or federal law or a court order.Â
- The employee agrees to it in writing.Â
- It relates to the employeeâs contributions to a retirement plan, such as a 401(k) plan.Â
If an employee is subject to a garnishment writ from a court, employers can garnish either up to 25% of the employeeâs disposable earnings or the amount by which the employeeâs disposable earnings exceed 30 times the federal minimum wage (whichever amount is less).
If the writ relates to an education loan, garnishments are capped at 15%.
Employers are banned from terminating employees because they have a garnishment writ against them.
Final Paycheck Laws
When an employer terminates an employee, they must pay their final wages within 24 hours. This means that an employer must:
- Post the employeeâs wages,
- Make a direct deposit, OR
- Deliver the wages in person to the employee.Â
The final payday for employees without a written employment contract specifying a definite period is the next regular payday.
If an employer fails to pay a worker their final wages, the worker can send the employer a written demand. As a penalty, the employer must pay the employeeâs daily wages for each day the payment is delayed between their written demand and the day the employer pays them (up to a maximum of 60 days). In this situation, employees have 60 days to file a civil action for unpaid wages from the day they finish work.
Workersâ Compensation
Workersâ compensation in Utah provides benefits to employees who are injured or become ill due to their work. Itâs a no-fault system, meaning itâs the only remedy for workplace injuries or illnesses (employees canât also sue employers).
It covers:
- Medical benefits, including doctor visits and medications.Â
- Indemnity benefits to cover some of the employeeâs lost wages.Â
- Death benefits for an employeeâs dependents.Â
Even though Utah has a no-fault workersâ compensation system, the compensation an employee receives may be denied if there were drugs or alcohol involved in the incidentâor reduced if the employee wilfully failed to follow safety requirements.
Most Utah employers must take out workersâ compensation for their employees, either via an authorized insurer or by way of self-insurance. Employers who donât have workersâ compensation when required can face penalties of at least $1,000 and may be forced to stop operating.
Employer premiums for workersâ compensation insurance vary depending on the industry the employer is in and their history of work-related illnesses and injuries.
Employers must post workersâ compensation notices in conspicuous places in the workplace.
đĄ Pro Tip:
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Employees must notify their employer immediately when they suffer workplace injuries or illnesses. An employee who doesn’t report an injury or illness within 180 days may be unable to claim workersâ compensation.
After an employee notifies their employer of an injury or illness, the employer then must send an âEmployerâs First Report of Injury or Illnessâ to the insurance company within 7 days. They should also give a copy of this form to the employee.
After receiving the employerâs first report, the insurer has 14 days to notify the Industrial Accidents Division of the injury. The insurer must provide the employee with a copy of this document and the âInjured Workersâ Rights and Responsibilitiesâ document.
The doctor who first sees the employee must also file a âPhysicianâs Initial Report of Injury or Illnessâ to the Industrial Accidents Division. They have 7 days to do this.
If an insurer denies an employeeâs claim, the employee can seek help from the Intake Claims Department in the Industrial Accidents Division. If the Intake Claims Department canât help resolve the matter, the employee can apply for a hearing with the Adjudication Division of the Labor Commissioner.
Employees may choose to first go to a Claims Resolution Conference to try and resolve the matter without a hearing.
Unemployment Insurance
The Utah Employment Security Act creates an unemployment benefits scheme to support workers who become unemployed.
Unemployment contributions from employers fund these benefits. Most businesses are required to pay unemployment taxes. The tax rate they pay varies depending on the amount of wages they pay and their contribution rate. Employers must file quarterly wage reports to calculate and pay their unemployment taxes.
To be eligible for unemployment insurance, an individual must be unemployed through no fault of their own and have:
- The right to work in the US.
- Earned enough during their base period (a base period is the first 4 of the last 5 calendar quarters). Â
- Received wages in at least 2 quarters of their base period.Â
- Earned at least $5,100 in wages during the base period, and total base period earnings must be at least 1.5 times the highest quarterâs earnings (there are alternative criteria for individuals who donât meet this).Â
Individuals can use the Workforce Services Departmentâs preliminary monetary determination tool to confirm eligibility.
If approved for unemployment benefits, individuals must:
- File weekly online claims with the Workforce Services Department.Â
- Be able and available for full-time work.Â
- Actively look for full-time work.Â
- Live in the US.Â
Individuals can file for unemployment benefits online. They must provide various pieces of information, including their:
- Social Security number.
- Employment history.
- Driverâs license or identification card.
The current maximum weekly benefit amount is $746. Individuals can receive benefits for between 10 and 26 weeks.
If the Department of Workforce Services refuses an application for unemployment benefits, the individual can file an appeal online with the Appeals Unit for a hearing before an administrative law judge (ALJ). Appeals of an ALJâs decision go to the Workforce Appeals Board and then the Utah Court of Appeals.
Workplace Rights and Protections
Discrimination and Harassment
Under the Utah Antidiscrimination Act, employers with 15 or more employees canât discriminate against candidates and employees based on the following:
- Race.
- Color.
- Sex.
- Pregnancy, childbirth, or pregnancy-related conditions.Â
- Age (40 +).
- Religion.
- National origin.
- Disability.Â
- Sexual orientation.Â
- Gender identity.Â
There are some limited situations where employers can take these characteristics into account when making employment decisions, including where:
- Membership in a particular group is a bona fide occupational qualification required to perform the role.Â
- The employer is a specific religious institution that owns a school and hires employees of that particular religion.Â
The Utah Anti-Discrimination Act also prohibits employers from forcing employees to engage in âreligiously objectionable expressionâ that goes against their religious, moral, or personal beliefs unless accommodating the employee would create an undue burden on the employer.
Under the Act, employers can have reasonable dress and grooming policies as long as these donât discriminate or violate any other laws. They must also provide reasonable accommodations for employeesâ gender identities. Similarly, employers can have reasonable rules for sex-specific facilities if they provide reasonable accommodations based on employeesâ gender identities.
Employers must provide reasonable accommodations for pregnancy, childbirth, breastfeeding, or other related conditions unless doing so would create undue hardship for the employer. Employers must provide written notice of these rights to employeesâfor example, by including them in their employee handbooks or posting notices in their workplaces.
Refusing someone’s employment or otherwise discriminating against them based on their vaccination status is also prohibited, with some limited exceptions. This rule applies to any employer with at least 1 employee.
An employee who believes theyâve been discriminated against can file a complaint with the Utah Antidiscrimination and Labor Division (UALD). They have 180 days after the last alleged act of discrimination to do so. Complaints outside this time and under 300 days can be filed with the federal Equal Employment Opportunity Commission (EEOC).
Employers are prohibited from retaliating against employees who file complaints with UALD or the EEOC or participate in any discrimination investigations.
An individual must submit an intake questionnaire with UALD online to file a complaint. UALD decides whether the complaint meets its criteria and, if it does, sends the complainant a Charge of Discrimination. This must be signed by the complainant and witnessed by a notary public.
Parties can choose to mediate the matter to try and resolve it before a formal investigation. If a matter canât be mediated, UALD will investigate it and make a determination.
If either party disagrees with UALDâs decision, they can request a hearing before an ALJ of the Utah Labor Commission or a substantial weight review by the EEOC. The employee can also ask UALD for a Right to Sue Notice to start a civil lawsuit against the employer.
Leave Laws
đ Family and Medical Leave | Thereâs no state family and medical leave law in Utah. Many employees, however, are covered by the federal Family and Medical Leave Act (FMLA). The FMLA applies to employers with at least 50 employees. Under the FMLA, an eligible employee can take up to 12 weeks of leave in relation to: âąÂ Their own serious health condition. âąÂ Caring for a spouse, parent, or child with a serious health condition. âąÂ The birth or adoption of their child. âąÂ The deployment of their spouse, child, or parent to active duty. This leave is unpaid and job-protectedAn employee can also take up to 26 weeks unpaid leave to care for a spouse, parent, child, or next of kin injured or ill due to their military service. Employees are eligible for FMLA leave only if they: âąÂ Have worked 1,250 hours in the previous 12 months. âąÂ Have worked with the employer for 12 months. âąÂ Work at a location where the employer has at least 50 employees within a 75-mile radius. |
đ Paid Sick Leave | Utah employers arenât required to provide employees with paid sick leave. Eligible employees may access unpaid federal FMLA leave for this purpose. |
đ Paid Family Leave | There isnât a paid family leave law in Utah. Eligible employees may be able to access unpaid federal FMLA leave for this purpose. |
đ Pregnancy and Parental Leave | No law requires private employers in Utah to provide pregnancy or parental leave. Eligible employees may be able to access federal FMLA leave for these purposes. |
đ Vacation and Personal Leave | Utah employers arenât required to provide paid vacation or personal leave. However, many choose to do so. Where employers provide it, they should comply with any relevant employment contracts or collective bargaining agreement terms. Employers can also apply a use or lose-it policy, where employees must use their accrued leave by the end of the year or risk losing it. |
Military, Jury Duty, and Other Mandatory Leave
There are several types of mandatory leave in Utah.
Military Leave | Employees who are reserves in the US armed forces must be granted an unpaid leave of absence of up to 5 years if called to active duty or inactive duty training. Under state law, employees who are members of the Utah National Guard or State Defense Force and are called to active service have the same protections as those called to federal military service for up to 5 years. This leave is job-protected. Employees must be able to return to their previous employment and receive any benefits theyâd be entitled to had they not taken leave. |
Voting Leave | On election days, employees can have up to 2 paid hours off to voteâunless they have a 3-hour or longer period when they arenât scheduled to work while polls are open. Employees should apply for this leave before election day, and employers can choose the hours during which employees can take leave. If employees request leave at the starts or ends of their shifts, employers must grant them leave. |
Jury Duty Leave | Employers canât terminate or take other adverse action against employees who do jury duty. If employers provide vacation, annual, or sick leave, they canât require employees to use this accrued leave for jury service. |
Witness Leave | Employers also canât terminate or take other adverse action against employees who take leave to attend depositions or respond to subpoenas. |
Juvenile Court Leave | Parents of children appearing in court must be given leave to attend the proceedings. They should give their employer at least 7 days’ notice or notify them within 24 hours of receiving the hearing notice. |
Child Labor Laws
The minimum working age in Utah is generally 14. Some exceptions exist for children as young as 10 to work in specific jobs, like newspaper delivery and caddying.
Utahâs Employment of Minors Act applies to workers aged 17 or under. However, it doesnât apply to 16 and 17-year-olds who:
- Have graduated from high school.
- Have school release certificates.Â
- Are married.
- Are the heads of their households.Â
There are limits on when 14 and 15-year-olds can work. These minors:
- Canât work during school hours.
- Can work up to:
- 3 hours on a school day.
- 18 hours in a school week.
- 8 hours in 24 hours.
- 40 hours a week.
- Canât work before 7am or after 7pm (this changes to 9pm from June 1 to Labor Day).Â
There are no limits on the hours 16 and 17-year-olds can work.
Minors are prohibited from working in hazardous occupations, with limited exceptions.
Employers must give all minor employees:
- A 30-minute lunch break in the first 5 hours of their shift. If the employee isnât completely relieved of their work duties during this time, this break must be paid.Â
- A 10-minute break for every 4 hours they work (they canât work for more than 3 hours without a 10-minute break).Â
Utah employers donât need to apply for youth work permits unless they want to employ minors outside their allowed working hours or in otherwise prohibited roles.
Employers who violate child labor laws may face fines of up to $500 per violation and, in some instances, criminal prosecution.
đ§ Did You Know?
Employees in Utah working shifts longer than 5 hours are entitled to a 30-minute lunch break if they are minors. Use Connecteamâs employee scheduling tools to plan shifts and breaks, ensuring compliance with Utahâs labor laws.
Workplace Safety and Health
Utah maintains a state plan approved by the federal Occupational Safety and Health Administration (OSHA), which applies to most private employers and state and local governments. The Utah Occupational Safety and Health (UOSH) Division administers the stateâs Occupational Safety and Health Act.
Under Utahâs workplace safety and health laws, every employer must provide employees with a safe workplace free from known hazards that could cause them harm. Other responsibilities include:
- Reporting any workplace fatalities or disabling, significant, or serious injuries or illnesses to UOSH by phone within 8 hours.Â
- Allowing UOSH to enter their workplace for inspections or investigations.Â
- Not retaliating against employees who request UOSH inspections or file complaints.Â
There are also specific safety and health standards that apply to different industries.
Under the UOSH Act, an employee has the right to:
- Request a UOSH inspection of their workplace.Â
- File a complaint with UOSH.Â
- See any UOSH citations their employer has received.
- Access any records of their own workplace injuries or exposures the employer maintains.Â
Employees must also follow any workplace safety rules and policies set by their employers and tell their employers about any hazards.
Labor Union Regulations
Utah is a right-to-work state, meaning employers canât require employees to join unions or pay union fees as conditions of employment.
Employment Contracts and Severance
Employment Contract Laws
Employment contracts can be written, verbal, or implied. Most employers use written contracts to avoid uncertainty.
Employment in Utah is at will. This means that the employer or employee can terminate the relationship at any time, for any reason or no reason (as long as the reason isnât illegalâfor example, because of discrimination). A written employment contract or collective bargaining agreement can override the presumption of at-will employment.
Utah prohibits restrictive covenants (like non-compete and non-solicitation clauses) that last longer than 1 year after an employeeâs departure. There are further specific requirements for restrictive covenants used in the broadcasting industry.
Non-compete clauses also must meet other criteria to be valid. For instance, they must be:
- Negotiated in good faith.Â
- Supported by considerationâthis means the employee must receive something in exchange for the agreement, such as severance pay.Â
- Necessary to protect legitimate business interests.Â
- Reasonable in time and geographic scope. Â
Employers canât ask employees to sign non-disclosure or non-disparagement agreements that ban them from disclosing sexual assault or sexual harassment. They also canât require employees to sign over the rights to inventions created in their own time and unrelated to their employment.
Severance Pay
Utah doesnât have any laws requiring employers to offer severance pay.
Additional Laws That Might Apply to You
Workplace drug and alcohol testing | Utahâs Drug and Alcohol Test Act (UDATA) sets out the rules for employers to follow if they test employees for drugs or alcohol. For example, these employers must have written testing policies that have been given to employees. |
Mini-COBRA | The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) covers some employees for continued health insurance for 18 or 36 months in certain situationsâfor example, when they lose their jobs. However, COBRA applies to employers with 20 or more employees only. As a result, many states have mini-COBRA laws that cover smaller employers. Utahâs mini-COBRA law applies to employers with less than 20 employees, extending employeesâ health coverage for up to 12 months in certain situations. |
Internet Employment Privacy Act | Employers canât ask job applicants or employees for the usernames/passwords for their personal internet accounts. Theyâre also prohibited from taking adverse action against employees who refuse to provide this information. |
COVID-19 Related Laws and Regulations
Employers that request proof of COVID-19 vaccination from employees or candidates must exempt any individuals from this requirement who provide:
- A statement that the vaccine would negatively impact the individualâs health or conflicts with the individualâs sincerely held religious or personal beliefs.Â
- A doctorâs letter confirming a previous COVID-19 infection.
There are some limited exceptions to this.
Employers shouldnât keep records of employee proof of vaccinations unless required by law or an established business practice or industry standard.
Employers must pay for any COVID-19 tests they require employees to do. They can keep copies of employeesâ test results only if theyâre required by law to do so.
Navigating Legal Issues and Resources
Here are several free resources with more information about Utahâs labor laws:
- Workforce Service.
- Labor Commission.
- The American Bar Associationâs Free Legal Answers.
Disclaimer
The information presented on this website about labor laws in Utah is a summary for informational purposes only and is not intended as legal advice. Laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.