uca_title_34.txt

Utah Code Annotated - Title 34 - Labor in General
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Utah Code Annotated - Title 34 - Chapter 19 - Labor Disputes
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Utah Code Annotated § 34-19-1 Declaration of policy.
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In the interpretation and application of this chapter, the public policy of this state is declared as follows:Utah Code Annotated § 34-19-1(1): It is not unlawful for employees to organize themselves into or carry on labor unions for the purpose of lessening hours of labor, increasing wages, bettering the conditions of members, or carrying out the legitimate purposes of such organizations as freely as they could do if acting singly.
Utah Code Annotated § 34-19-1(2): The labor of a human being is not a commodity or article of commerce.  Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purpose of mutual help and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate object thereof; nor shall such organizations or membership in them be held to be illegal combinations or conspiracies in restraint of trade under the antitrust laws.
Utah Code Annotated § 34-19-1(3): Negotiations of terms and conditions of labor should result from voluntary agreement between employer and employee.  Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control.  In dealing with such employers the individual unorganized worker is helpless to exercise actual liberty of contract and to protect the individual unorganized worker's freedom of labor and thereby to obtain acceptable terms and conditions of employment.  Therefore, it is necessary that the individual employee have full freedom of association, self-organization, and designation of representatives of the individual employee's own choosing to negotiate the terms and conditions of the individual employee's employment, and that the individual employee shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or their mutual aid or protection.


Utah Code Annotated § 34-19-2 Injunctive relief prohibited in certain cases.
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No court, nor any judge or judges of it, shall have jurisdiction to issue any restraining order or temporary or permanent injunction which in specific or general terms prohibits any person or persons from doing, whether singly or in concert, any of the following acts:Utah Code Annotated § 34-19-2(1): ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement to do such work or to remain in such employment;
Utah Code Annotated § 34-19-2(2): 34-19-3 becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in Section
Utah Code Annotated § 34-19-2(3): paying or giving to or withholding from any person any strike or unemployment benefits or insurance or other money or things of value;
Utah Code Annotated § 34-19-2(4): by all lawful means aiding any person who is being proceeded against in or is prosecuting any action or suit in any court of the United States or of any state;
Utah Code Annotated § 34-19-2(5): giving publicity to and obtaining or communicating information regarding the existence of or the facts involved in any dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat of same;
Utah Code Annotated § 34-19-2(6): ceasing to patronize or to employ any person or persons;
Utah Code Annotated § 34-19-2(7): assembling peaceably to do or to organize to do any of the acts heretofore specified or to promote lawful interests;
Utah Code Annotated § 34-19-2(8): advising or notifying any person or persons of an intention to do any of the acts heretofore specified;
Utah Code Annotated § 34-19-2(9): agreeing with other persons to do or not to do any of the acts heretofore specified;
Utah Code Annotated § 34-19-2(10): 34-19-3 advising, urging, or inducing without fraud, violence, or threat of same, others to do the acts heretofore specified, regardless of any such undertaking or promise as is described in Section
Utah Code Annotated § 34-19-2(11): doing any act or thing which might lawfully be done in the absence of labor dispute by any party thereto; or
Utah Code Annotated § 34-19-2(12): doing in concert any or all of the acts heretofore specified on the ground that the persons engaged therein constitute an unlawful combination or conspiracy.


Utah Code Annotated § 34-19-3 Liability of organizations or their members for unlawful acts of individuals.
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No officer or member of any association or organization or no association or organization participating or interested in a labor dispute shall be held responsible or liable in any civil action at law or suit in equity, or in any criminal prosecution, for the unlawful acts of individual officers, members, or agents, except upon proof by the weight of evidence and without the aid of any presumptions of law or fact, both of:Utah Code Annotated § 34-19-3(1): the doing of such acts by persons who are officers, members or agents of any such association or organization; and
Utah Code Annotated § 34-19-3(2): actual participation in, or actual authorization of, such acts, or ratification of such acts after actual knowledge thereof by such association or organization.


Utah Code Annotated § 34-19-4 Injunctive relief -- Reasons for prohibiting.
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Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that:Utah Code Annotated § 34-19-4(1): The status quo cannot be maintained but is necessarily altered by the injunction;
Utah Code Annotated § 34-19-4(2): Determination of issues of veracity and/or probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error;
Utah Code Annotated § 34-19-4(3): Error in issuing the injunctive relief is usually irreparable to the opposing party; and
Utah Code Annotated § 34-19-4(4): Delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.


Utah Code Annotated § 34-19-5 Injunctive relief -- When available -- Necessary findings -- Procedure.
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Utah Code Annotated § 34-19-5(1): 34-19-11; (2) No court, nor any judge or judges of a court, shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in Section
Utah Code Annotated § 34-19-5(2): (1); 34-19-2 The findings required by Subsection
Utah Code Annotated § 34-19-5(2)(a): that unlawful acts have been threatened or committed and will be executed or continued unless restrained;
Utah Code Annotated § 34-19-5(2)(b): that substantial and irreparable injury to property or property rights of the complainant will follow unless the relief requested is granted;
Utah Code Annotated § 34-19-5(2)(c): that as to each item of relief granted greater injury will be inflicted upon complainant by the denial of it than will be inflicted upon defendants by the granting of it;
Utah Code Annotated § 34-19-5(2)(d): 34-19-2 that no item of relief granted is relief that a court or judge of it has no jurisdiction to restrain or enjoin under Section
Utah Code Annotated § 34-19-5(2)(e): that the complainant has no adequate remedy at law; and
Utah Code Annotated § 34-19-5(2)(f): that the public officers charged with the duty to protect complainant's property have failed or are unable to furnish adequate protection.
Utah Code Annotated § 34-19-5(3): (4); (1) Subject to Subsection
Utah Code Annotated § 34-19-5(4): 
Utah Code Annotated § 34-19-5(4)(a): If a complainant shall also allege that unless a temporary restraining order shall be issued before a hearing may be had, a substantial and irreparable injury to complainant's property will be unavoidable, a temporary restraining order may be granted upon the expiration of such reasonable notice of application for the restraining order as the court may direct by order to show cause, but in no less than 48 hours.  This order to show cause shall be served upon such party or parties as are sought to be restrained and as shall be specified in the order, and the restraining order shall issue only upon testimony, or in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as provided for in this section.
Utah Code Annotated § 34-19-5(4)(b): Such a temporary restraining order shall be effective for no longer than five days, and at the expiration of said five days shall become void and not subject to renewal or extension, except that if the hearing for a temporary injunction shall have been begun before the expiration of the five days, the restraining order may in the court's discretion be continued until a decision is reached upon the issuance of the temporary injunction.
Utah Code Annotated § 34-19-5(5): (5) No temporary restraining order or temporary injunction shall be issued except on condition that the complainant shall first file an undertaking with adequate security sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with reasonable attorney fees, and expense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.  This undertaking shall be understood to signify an agreement entered into by the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against such complainant and surety, the complainant and the surety submitting themselves to the jurisdiction of the court for that purpose, except that nothing in this Subsection


Utah Code Annotated § 34-19-6 Injunctive relief -- Compliance with law necessary.
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No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute either by negotiation or with the aid of any available machinery of governmental mediation or voluntary arbitration, but nothing herein contained shall be deemed to require the court to await the action of any such tribunal if irreparable injury is threatened.

Utah Code Annotated § 34-19-7 Injunctive relief -- Findings of fact -- Limited application.
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No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of finding of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction. Every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the complaint or petition filed in such case and expressly included in the finding of fact made and filed by the court as provided herein and shall be binding only upon the parties to the suit, their agents, servants, employees and attorneys, or those in active concert and participation with them, and who shall by personal service or otherwise have received actual notice of the same.

Utah Code Annotated § 34-19-8 Injunctive relief -- Appeals.
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Whenever any court, or judge or judges of it, shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on the party's filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of such record in the appropriate appellate court the appeal shall be heard with the greatest possible expedition, giving the proceeding precedence over all other matters except older matters of the same character.

Utah Code Annotated § 34-19-9 Injunctive relief -- Contempt -- Rights of accused.
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In all cases where a person shall be charged with indirect criminal contempt for violation of a restraining order or injunction issued by a court, or judge or judges of it, the accused shall enjoy:Utah Code Annotated § 34-19-9(1): the rights as to admission to bail that are accorded to persons accused of crime;
Utah Code Annotated § 34-19-9(2): the right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view of or in the presence of the court;
Utah Code Annotated § 34-19-9(3): upon demand, the right to a speedy and public trial by an impartial jury of the judicial district in which the contempt shall have been committed.  This requirement may not be construed to apply to contempts committed in the presence of the court or so near to it as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders or process of the court; and
Utah Code Annotated § 34-19-9(4): the right to file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred otherwise than in open court.  Upon the filing of any such demand the judge shall proceed no further, but another judge shall be designated by the presiding judge of the court.  The demand shall be filed prior to the hearing in the contempt proceeding.


Utah Code Annotated § 34-19-10 Injunctive relief -- Contempt -- Penalty.
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Punishment for a contempt, specified in Section

Utah Code Annotated § 34-19-11 "Labor dispute" defined.
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Utah Code Annotated § 34-19-11(1): The words "labor dispute" as used in this chapter include any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
Utah Code Annotated § 34-19-11(2): A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or association and if the person or association is engaged in the industry, trade, craft, or occupation in which such dispute occurs, or is a member, officer, or agent of any association of employers or employees engaged in such industry, trade, craft, or occupation.
Utah Code Annotated § 34-19-11(3): A case shall be held to involve or grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employees of one employer; or who are members of the same or an affiliated organization of employers or employees whether such dispute is:
Utah Code Annotated § 34-19-11(3)(a): between one or more employers or associations of employers and one or more employees or associations of employees;
Utah Code Annotated § 34-19-11(3)(b): between one or more employers or associations of employers and one or more employers or associations of employers; or
Utah Code Annotated § 34-19-11(3)(c): between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a labor dispute of persons participating or interested in it.


Utah Code Annotated § 34-19-12 Deputizing of employees prohibited.
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Utah Code Annotated § 34-19-12(1): No employee of any employer whose employees are on strike or lockout for any reason shall be deputized for any purpose arising from or in connection with such strike by any sheriff, chief of police, town marshal, officer of the highway patrol, or any other peace officer during the time such strike or lockout exists.
Utah Code Annotated § 34-19-12(2): Any person who violates the provisions of this section is guilty of a class B misdemeanor.


Utah Code Annotated § 34-19-13 Agreements against public policy.
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Each of the following undertakings or promises hereafter made, whether written or oral, express or implied, between any employee or prospective employee and the employee's or prospective employee's employer, prospective employer, or any other individual, firm, company, association, or corporation, is contrary to public policy and may not be a basis for the granting of legal or equitable relief by any court against a party to the undertaking or promise, or against any other person who may advise, urge, or induce, without fraud, violence or threat of violence, either party to act in disregard of the undertaking or promise:Utah Code Annotated § 34-19-13(1): an undertaking or promise by either party to join or to remain a member of some specific labor organization or organizations or to join or remain a member of some specific employer organization or any employer organization or organizations;
Utah Code Annotated § 34-19-13(2): an undertaking or promise by either party to not join or not remain a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations; or
Utah Code Annotated § 34-19-13(3): an undertaking or promise by either party to withdraw from an employment relation in the event that the party joins or remains a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations.


Utah Code Annotated - Title 34 - Chapter 20 - Employment Relations and Collective Bargaining
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Utah Code Annotated § 34-20-1 Declaration of policy.
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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:Utah Code Annotated § 34-20-1(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.
Utah Code Annotated § 34-20-1(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.
Utah Code Annotated § 34-20-1(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 the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.
Utah Code Annotated § 34-20-1(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.


Utah Code Annotated § 34-20-2 Definitions.
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As used in this chapter:Utah Code Annotated § 34-20-2(1): "Affecting commerce" means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce within the state.
Utah Code Annotated § 34-20-2(2): "Commerce" means trade, traffic, commerce, transportation, or communication within the state.
Utah Code Annotated § 34-20-2(3): "Election" means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this chapter and includes elections conducted by the board or by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties.
Utah Code Annotated § 34-20-2(4): 
Utah Code Annotated § 34-20-2(4)(a): "Employee" includes any employee unless this chapter explicitly states otherwise, and includes an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment.
Utah Code Annotated § 34-20-2(4)(b): "Employee" does not include an individual employed as an agricultural laborer, or in the domestic service of a family or person at his home, or an individual employed by his parent or spouse.
Utah Code Annotated § 34-20-2(5): "Employer" includes a person acting in the interest of an employer, directly or indirectly, but does not include:
Utah Code Annotated § 34-20-2(5)(a): the United States;
Utah Code Annotated § 34-20-2(5)(b): a state or political subdivision of a state;
Utah Code Annotated § 34-20-2(5)(c): a person subject to the federal Railway Labor Act;
Utah Code Annotated § 34-20-2(5)(d): a labor organization, other than when acting as an employer;
Utah Code Annotated § 34-20-2(5)(e): a corporation or association operating a hospital if no part of the net earnings inures to the benefit of any private shareholder or individual; or
Utah Code Annotated § 34-20-2(5)(f): anyone acting in the capacity of officer or agent of a labor organization.
Utah Code Annotated § 34-20-2(6): "Federal executive agency" means an executive agency, as defined in 5 U.S.C.  Sec.105, of the federal government.
Utah Code Annotated § 34-20-2(7): "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-20-2(8): "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-20-2(9): "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-20-2(10): "Labor dispute" means any controversy between an employer and the majority of the employer's employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives.
Utah Code Annotated § 34-20-2(11): "Labor organization" means an organization of any kind or any agency or employee representation committee or plan in which employees participate that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
Utah Code Annotated § 34-20-2(12): "Person" includes an individual, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver.
Utah Code Annotated § 34-20-2(13): "Representative" includes an individual or labor organization.
Utah Code Annotated § 34-20-2(14): "Secondary boycott" includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:
Utah Code Annotated § 34-20-2(14)(a): withholding patronage, labor, or other beneficial business intercourse;
Utah Code Annotated § 34-20-2(14)(b): picketing;
Utah Code Annotated § 34-20-2(14)(c): refusing to handle, install, use, or work on particular materials, equipment, or supplies; or
Utah Code Annotated § 34-20-2(14)(d): by any other unlawful means, in order to bring him against his will into a concerted plan to coerce or inflict damage upon another.
Utah Code Annotated § 34-20-2(15): 34-20-8 "Unfair labor practice" means any unfair labor practice listed in Section


Utah Code Annotated § 34-20-7 Organization and collective bargaining -- Employees' rights.
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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.

Utah Code Annotated § 34-20-8 Unfair labor practices.
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Utah Code Annotated § 34-20-8(1): 34-20-7; 34-20-9 It shall be an unfair labor practice for an employer, individually or in concert with others:
Utah Code Annotated § 34-20-8(1)(a): 34-20-7 To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section
Utah Code Annotated § 34-20-8(1)(b): To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it, provided that an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.
Utah Code Annotated § 34-20-8(1)(c): 34-20-9 By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization; provided, that nothing in this act shall preclude an employer from making an agreement with a labor organization (not established, maintained or assisted by any action defined in this act as an unfair labor practice) to require as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Subsection
Utah Code Annotated § 34-20-8(1)(d): To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit.
Utah Code Annotated § 34-20-8(1)(e): To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit.
Utah Code Annotated § 34-20-8(1)(f): To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under this chapter.
Utah Code Annotated § 34-20-8(2): 34-20-7; 34-20-7 It shall be an unfair labor practice for an employee individually or in concert with others:
Utah Code Annotated § 34-20-8(2)(a): 34-20-7 To coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed in Section
Utah Code Annotated § 34-20-8(2)(b): 34-20-7 To coerce, intimidate or induce an employer to interfere with any of the employer's employees in the enjoyment of their legal rights, including those guaranteed in Section
Utah Code Annotated § 34-20-8(2)(c): To co-operate in engaging in, promoting, or inducing picketing (not constituting an exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike.
Utah Code Annotated § 34-20-8(2)(d): To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance.
Utah Code Annotated § 34-20-8(2)(e): To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation, force, coercion, or sabotage, the obtaining, use or disposition of materials, equipment, or services; or to combine or conspire to hinder or prevent the obtaining, use or disposition of materials, equipment or services, provided, however, that nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft.
Utah Code Annotated § 34-20-8(2)(f): To take unauthorized possession of property of the employer.
Utah Code Annotated § 34-20-8(3): It shall be an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by Subsections (1) and (2) of this section.


Utah Code Annotated § 34-20-9 Collective bargaining -- Representatives .
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Utah Code Annotated § 34-20-9(1): 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.
Utah Code Annotated § 34-20-9(2): Any individual employee or group of employees may present grievances to their employer at any time.


Utah Code Annotated § 34-20-13 Right to strike.
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This chapter does not interfere with, impede, or diminish in any way the right to strike.

Utah Code Annotated § 34-20-14 Determining joint employment status -- Franchisors excluded.
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Utah Code Annotated § 34-20-14(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.
Utah Code Annotated § 34-20-14(2): (2)
Utah Code Annotated § 34-20-14(2)(a): For purposes of this chapter, a franchisor is not considered to be an employer of:
Utah Code Annotated § 34-20-14(2)(a)(i): a franchisee; or
Utah Code Annotated § 34-20-14(2)(a)(ii): a franchisee's employee.
Utah Code Annotated § 34-20-14(2)(b): (2) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection


Utah Code Annotated - Title 34 - Chapter 20a - Utah Fire Fighters' Negotiations Act
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Utah Code Annotated § 34-20a-1 Title.
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This chapter is known as the "Utah Fire Fighters' Negotiations Act."

Utah Code Annotated § 34-20a-2 Definitions.
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As used in this chapter:Utah Code Annotated § 34-20a-2(1): "Fire fighters" means the full-time, salaried, members of any regularly constituted fire department in any city, town, or county.
Utah Code Annotated § 34-20a-2(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.


Utah Code Annotated § 34-20a-3 Fire fighters' right to bargain collectively.
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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.

Utah Code Annotated § 34-20a-4 Exclusive bargaining representative -- Selection -- Exclusions from negotiating team.
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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.

Utah Code Annotated § 34-20a-5 Corporate authority duty -- Collective bargaining agreement -- No-strike clause.
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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.

Utah Code Annotated § 34-20a-6 Notice of request for collective bargaining -- Time.
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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.

Utah Code Annotated § 34-20a-7 Arbitration.
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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.

Utah Code Annotated § 34-20a-8 Procedure for arbitration.
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If no agreement is reached within the period prescribed by Section

Utah Code Annotated § 34-20a-9 Board of arbitration -- Determination -- Final and binding -- Exception -- Expense.
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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.

Utah Code Annotated - Title 34 - Chapter 23 - Employment of Minors
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Utah Code Annotated § 34-23-101 Policy of state.
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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.

Utah Code Annotated § 34-23-102 Chapter to be liberally construed.
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When this chapter, or any part or section of it, is interpreted by a court, it shall be liberally construed by that court.

Utah Code Annotated § 34-23-103 Definitions.
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As used in this chapter:Utah Code Annotated § 34-23-103(1): "Calendar week" means a period of any seven consecutive calendar days.
Utah Code Annotated § 34-23-103(2): "Casual work" is employment on an incidental, occasional, or nonregular basis which is not considered full-time or routine.
Utah Code Annotated § 34-23-103(3): "Commission" means the Labor Commission.
Utah Code Annotated § 34-23-103(4): "Division" means the Division of Antidiscrimination and Labor in the commission.
Utah Code Annotated § 34-23-103(5): "Hazardous agricultural occupation" means any occupation defined as hazardous by the United States Department of Labor under 29 C.F.R. Sec. 570.71, subject to the exception described in 29 C.F.R. Sec. 570.70(b) and the exemptions described in 29 C.F.R. Sec. 570.72.
Utah Code Annotated § 34-23-103(6): "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.
Utah Code Annotated § 34-23-103(7): 63G-1-301 "Labor Day" means the legal holiday called Labor Day established in Section
Utah Code Annotated § 34-23-103(8): "Minor" means an individual under 18 years old.
Utah Code Annotated § 34-23-103(9): "Minor's school district" means the public school district in which a minor resides while the minor is employed.
Utah Code Annotated § 34-23-103(10): "School day" means any calendar day in which students are required to attend school, including a partial day, in a minor's school district.
Utah Code Annotated § 34-23-103(11): "School week" means any calendar week in which students are required to attend school, including a partial day, in a minor's school district.


Utah Code Annotated § 34-23-104 Duty of commission to establish hours and conditions -- Promulgation of rules.
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Utah Code Annotated § 34-23-104(1): The commission shall ascertain and establish the hours and the conditions of labor and employment for any occupation in which minors are employed.
Utah Code Annotated § 34-23-104(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The commission may promulgate rules consistent with this chapter in accordance with


Utah Code Annotated § 34-23-201 Employment of minors in hazardous occupations prohibited -- Exceptions.
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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.

Utah Code Annotated § 34-23-202 Employment of minors under 16 during school hours -- Hours of work limited.
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Utah Code Annotated § 34-23-202(1): A minor under 16 years old may not be employed or permitted to work during school hours except as authorized by the proper school authorities.
Utah Code Annotated § 34-23-202(2): Except as provided in the exemptions described in 29 U.S.C. Sec. 213 and the exceptions described in 29 C.F.R. Sec. 570.35:
Utah Code Annotated § 34-23-202(2)(a): a minor under 16 years old may not be permitted to work:
Utah Code Annotated § 34-23-202(2)(a)(i): more than three hours in one school day;
Utah Code Annotated § 34-23-202(2)(a)(ii): more than 18 hours in one school week;
Utah Code Annotated § 34-23-202(2)(a)(iii): more than eight hours in one calendar day;
Utah Code Annotated § 34-23-202(2)(a)(iv): more than 40 hours in one calendar week; or
Utah Code Annotated § 34-23-202(2)(a)(v): except as provided in Subsection (2)(b), before 7:00 a.m. or after 7:00 p.m.
Utah Code Annotated § 34-23-202(2)(b): beginning on June 1 and ending on Labor Day, a minor under 16 years old may work until, but not after, 9:00 p.m.


Utah Code Annotated § 34-23-203 Permitted occupations for minors 16 or older.
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Minors 16 years of age or older may work:Utah Code Annotated § 34-23-203(1): in all occupations not declared hazardous; and
Utah Code Annotated § 34-23-203(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.


Utah Code Annotated § 34-23-204 Permitted occupations for minors 14 or older.
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Utah Code Annotated § 34-23-204(1): Minors 14 years old or older may work in a wide variety of nonhazardous occupations including:
Utah Code Annotated § 34-23-204(1)(a): retail food services;
Utah Code Annotated § 34-23-204(1)(b): automobile service stations, except for the operation of motor vehicles and the use of hoists;
Utah Code Annotated § 34-23-204(1)(c): janitorial and custodial service;
Utah Code Annotated § 34-23-204(1)(d): lawn care;
Utah Code Annotated § 34-23-204(1)(e): the use of approved types of vacuum cleaners, floor polishers, lawn mowers, and sidewalk snow removal equipment; and
Utah Code Annotated § 34-23-204(1)(f): other similar work as approved by the division.
Utah Code Annotated § 34-23-204(2): Minors 14 years old or older may also work in nonhazardous areas in manufacturing, warehousing and storage, construction, and other such areas not determined harmful by the division.


Utah Code Annotated § 34-23-205 Permitted occupations for minors 12 or older.
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Minors 12 years old or older may work in occupations such as:Utah Code Annotated § 34-23-205(1): delivery of newspapers to consumers;
Utah Code Annotated § 34-23-205(2): baby-sitting;
Utah Code Annotated § 34-23-205(3): agricultural occupations that are not hazardous agricultural occupations; and
Utah Code Annotated § 34-23-205(4): any other occupation not determined harmful by the division.


Utah Code Annotated § 34-23-206 Permitted occupations for minors 10 or older.
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Minors 10 years old or older may work in occupations such as:Utah Code Annotated § 34-23-206(1): delivery of newspapers to consumers;
Utah Code Annotated § 34-23-206(2): caddying; and
Utah Code Annotated § 34-23-206(3): any occupation not determined harmful by the division.


Utah Code Annotated § 34-23-207 Permitted occupations with no specific age limitations or restrictions.
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With consent of the minor's parent, guardian, or custodian, no specific age limitations or restrictions are imposed and the restrictions described in SectionUtah Code Annotated § 34-23-207(1): home chores and other work done for parent or guardian;
Utah Code Annotated § 34-23-207(2): any casual work not determined harmful by the division;
Utah Code Annotated § 34-23-207(3): an agricultural occupation that is not a hazardous agricultural occupation;
Utah Code Annotated § 34-23-207(4): acting or performing in:
Utah Code Annotated § 34-23-207(4)(a): a motion picture;
Utah Code Annotated § 34-23-207(4)(b): a theatrical production;
Utah Code Annotated § 34-23-207(4)(c): a performing arts production;
Utah Code Annotated § 34-23-207(4)(d): a radio broadcast; or
Utah Code Annotated § 34-23-207(4)(e): a television production; or
Utah Code Annotated § 34-23-207(5): work for which a specific, written authorization has been made by the division.


Utah Code Annotated § 34-23-208 Exceptions.
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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:Utah Code Annotated § 34-23-208(1): has received a high school diploma;
Utah Code Annotated § 34-23-208(2): has received a school release certificate;
Utah Code Annotated § 34-23-208(3): is legally married; or
Utah Code Annotated § 34-23-208(4): is head of a household.


Utah Code Annotated § 34-23-209 Age certificates issued by schools -- Responsibility of employers.
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Utah Code Annotated § 34-23-209(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.
Utah Code Annotated § 34-23-209(2): Such age certificates do not relieve employers of full responsibility for complying with all laws and rules pertaining to the employment of minors.


Utah Code Annotated § 34-23-301 Minimum hourly wages.
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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.

Utah Code Annotated § 34-23-302 Criminal penalty -- Enforcement.
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Utah Code Annotated § 34-23-302(1): 34-23-301
Utah Code Annotated § 34-23-302(1)(a): 34-23-301 Repeated violation of Section
Utah Code Annotated § 34-23-302(1)(b): "Repeated violation" does not include separate violations as to individual employees arising out of the same investigation or enforcement action.
Utah Code Annotated § 34-23-302(2): 34-23-301 Upon the third violation of Section
Utah Code Annotated § 34-23-302(3): The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.


Utah Code Annotated § 34-23-303 Civil action allowed.
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Utah Code Annotated § 34-23-303(1): 34-23-401; 34-23-302; 34-23-402; 34-23-301 In addition to the administrative action authorized by Section
Utah Code Annotated § 34-23-303(2): 
Utah Code Annotated § 34-23-303(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.
Utah Code Annotated § 34-23-303(2)(b): The court may award court costs and attorney fees to the prevailing party.
Utah Code Annotated § 34-23-303(3): An action brought under this section shall be brought within two years of the alleged violation.


Utah Code Annotated § 34-23-401 Investigation by division -- Administrative penalty.
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Utah Code Annotated § 34-23-401(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.
Utah Code Annotated § 34-23-401(2): Title 63G, Chapter 4, Administrative Procedures Act 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


Utah Code Annotated § 34-23-402 Violation -- Criminal penalty.
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Utah Code Annotated § 34-23-402(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.
Utah Code Annotated § 34-23-402(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:
Utah Code Annotated § 34-23-402(2)(a): knowingly employ a minor or permit a minor to work in a repeated violation of this chapter;
Utah Code Annotated § 34-23-402(2)(b): refuse or knowingly neglect to furnish to the commission, any information requested by the commission under this chapter;
Utah Code Annotated § 34-23-402(2)(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;
Utah Code Annotated § 34-23-402(2)(d): hinder the commission or its authorized representative in the securing of any information authorized by this section;
Utah Code Annotated § 34-23-402(2)(e): refuse or knowingly omit or neglect to keep any of the records required by this chapter;
Utah Code Annotated § 34-23-402(2)(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;
Utah Code Annotated § 34-23-402(2)(g): discharge an employee or threaten to or retaliate against an employee because:
Utah Code Annotated § 34-23-402(2)(g)(i): the employee has testified;
Utah Code Annotated § 34-23-402(2)(g)(ii): is about to testify; or
Utah Code Annotated § 34-23-402(2)(g)(iii): the employer believes that the employee may testify in any investigation or proceedings relative to the enforcement of this chapter; and
Utah Code Annotated § 34-23-402(2)(h): willfully violate any order issued under this chapter.
Utah Code Annotated § 34-23-402(3): 34-23-301 This section does not apply to violations of Section


Utah Code Annotated - Title 34 - Chapter 25 - Fellow Servants
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Utah Code Annotated § 34-25-1 "Vice-principal" defined.
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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.

Utah Code Annotated § 34-25-2 "Fellow servant" defined.
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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.

Utah Code Annotated - Title 34 - Chapter 26 - Wages A Preferred Debt
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Utah Code Annotated § 34-26-1 Extent and condition of preference.
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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.

Utah Code Annotated § 34-26-2 Claim -- Notice.
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Any such employee, laborer or servant desiring to enforce a 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

Utah Code Annotated § 34-26-3 Claim -- Exceptions -- Contest.
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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 the claimant's 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.

Utah Code Annotated § 34-26-4 "Wages" defined.
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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.

Utah Code Annotated - Title 34 - Chapter 27 - Attorneys' Fees in Suits for Wages
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Utah Code Annotated § 34-27-1 Reasonable amount -- Taxed as costs.
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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 that individual's employment and shall establish by the decision of the court that the amount for which the plaintiff 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.

Utah Code Annotated - Title 34 - Chapter 28 - Payment of Wages
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Utah Code Annotated § 34-28-1 Public and certain other employments excepted.
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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

Utah Code Annotated § 34-28-2 Definitions -- Unincorporated entities -- Joint employers -- Franchisors.
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Utah Code Annotated § 34-28-2(1): As used in this chapter:
Utah Code Annotated § 34-28-2(1)(a): "Commission" means the Labor Commission.
Utah Code Annotated § 34-28-2(1)(b): "Division" means the Division of Antidiscrimination and Labor.
Utah Code Annotated § 34-28-2(1)(c): 
Utah Code Annotated § 34-28-2(1)(c)(i): "Employer" means the same as that term is defined in 29 U.S.C. Sec. 203.
Utah Code Annotated § 34-28-2(1)(c)(ii): "Employer" does not include an individual who is not:
Utah Code Annotated § 34-28-2(1)(c)(ii)(A): an officer;
Utah Code Annotated § 34-28-2(1)(c)(ii)(B): a manager of a manager-managed limited liability company;
Utah Code Annotated § 34-28-2(1)(c)(ii)(C): a member of a member-managed limited liability company;
Utah Code Annotated § 34-28-2(1)(c)(ii)(D): a general partner of a limited partnership; or
Utah Code Annotated § 34-28-2(1)(c)(ii)(E): a partner of a partnership.
Utah Code Annotated § 34-28-2(1)(d): "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
Utah Code Annotated § 34-28-2(1)(e): "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-28-2(1)(f): "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-28-2(1)(g): "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-28-2(1)(h): "Unincorporated entity" means an entity organized or doing business in the state that is not:
Utah Code Annotated § 34-28-2(1)(h)(i): an individual;
Utah Code Annotated § 34-28-2(1)(h)(ii): a corporation; or
Utah Code Annotated § 34-28-2(1)(h)(iii): publicly traded.
Utah Code Annotated § 34-28-2(1)(i): "Wages" means the 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.
Utah Code Annotated § 34-28-2(2): Title 58, Chapter 55, Utah Construction Trades Licensing Act; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(a); (2)(b); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34-28-7
Utah Code Annotated § 34-28-2(2)(a): Title 58, Chapter 55, Utah Construction Trades Licensing Act For purposes of this chapter, an unincorporated entity that is required to be licensed under
Utah Code Annotated § 34-28-2(2)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(a) Pursuant to rules made by the commission in accordance with
Utah Code Annotated § 34-28-2(2)(b)(i): is an active manager of the unincorporated entity;
Utah Code Annotated § 34-28-2(2)(b)(ii): directly or indirectly holds at least an 8% ownership interest in the unincorporated entity; or
Utah Code Annotated § 34-28-2(2)(b)(iii): is not subject to supervision or control in the performance of work by:
Utah Code Annotated § 34-28-2(2)(b)(iii)(A): the unincorporated entity; or
Utah Code Annotated § 34-28-2(2)(b)(iii)(B): a person with whom the unincorporated entity contracts.
Utah Code Annotated § 34-28-2(2)(c): (2)(b) As part of the rules made under Subsection
Utah Code Annotated § 34-28-2(2)(c)(i): "active manager";
Utah Code Annotated § 34-28-2(2)(c)(ii): "directly or indirectly holds at least an 8% ownership interest"; and
Utah Code Annotated § 34-28-2(2)(c)(iii): "subject to supervision or control in the performance of work."
Utah Code Annotated § 34-28-2(2)(d): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34-28-7 The commission by rule made in accordance with
Utah Code Annotated § 34-28-2(3): 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.
Utah Code Annotated § 34-28-2(4): (4)
Utah Code Annotated § 34-28-2(4)(a): For purposes of this chapter, a franchisor is not considered to be an employer of:
Utah Code Annotated § 34-28-2(4)(a)(i): a franchisee; or
Utah Code Annotated § 34-28-2(4)(a)(ii): a franchisee's employee.
Utah Code Annotated § 34-28-2(4)(b): (4) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection


Utah Code Annotated § 34-28-3 Regular paydays -- Currency or negotiable checks required -- Deposit in financial institution -- Statement of total deductions -- Unlawful withholding or diversion of wages.
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Utah Code Annotated § 34-28-3(1): 7-1-103
Utah Code Annotated § 34-28-3(1)(a): An employer shall pay the wages earned by an employee at regular intervals, but in periods no longer than semimonthly on days to be designated in advance by the employer as the regular payday.
Utah Code Annotated § 34-28-3(1)(b): An employer shall pay for services rendered during a pay period within 10 days after the close of that pay period.
Utah Code Annotated § 34-28-3(1)(c): If a payday falls on a Saturday, Sunday, or legal holiday, an employer shall pay wages earned during the pay period on the day preceding the Saturday, Sunday, or legal holiday.
Utah Code Annotated § 34-28-3(1)(d): If an employer hires an employee on a yearly salary basis, the employer may pay the employee on a monthly basis by paying on or before the seventh of the month following the month for which services are rendered.
Utah Code Annotated § 34-28-3(1)(e): 7-1-103 Wages shall be paid in full to an employee:
Utah Code Annotated § 34-28-3(1)(e)(i): in lawful money of the United States;
Utah Code Annotated § 34-28-3(1)(e)(ii): 7-1-103 by a check or draft on a depository institution, as defined in Section
Utah Code Annotated § 34-28-3(1)(e)(iii): by electronic transfer to the depository institution designated by the employee.
Utah Code Annotated § 34-28-3(2): An employer may not issue in payment of wages due or as an advance on wages to be earned for services performed or to be performed within this state an order, check, or draft unless:
Utah Code Annotated § 34-28-3(2)(a): it is negotiable and payable in cash, on demand, without discount, at a depository institution; and
Utah Code Annotated § 34-28-3(2)(b): the name and address of the depository institution appears on the instrument.
Utah Code Annotated § 34-28-3(3): (3)(b); (1)(e)(iii); (3)(a)
Utah Code Annotated § 34-28-3(3)(a): (3)(b); (1)(e)(iii) Except as provided in Subsection
Utah Code Annotated § 34-28-3(3)(b): (3)(a) An employee may not refuse to have the employee's wages deposited by electronic transfer under Subsection
Utah Code Annotated § 34-28-3(3)(b)(i): for the calendar year preceding the pay period for which the employee is being paid, the employer's federal employment tax deposits are equal to or in excess of $250,000; and
Utah Code Annotated § 34-28-3(3)(b)(ii): at least two-thirds of the employees of the employer have their wages deposited by electronic transfer.
Utah Code Annotated § 34-28-3(3)(c): An employer may not designate a particular depository institution for the exclusive payment or deposit of a check or draft for wages.
Utah Code Annotated § 34-28-3(4): If a deduction is made from the wages paid, the employer shall, on each regular payday, furnish the employee with a statement showing the total amount of each deduction.
Utah Code Annotated § 34-28-3(5): Title 58, Chapter 55, Utah Construction Trades Licensing Act; (5)(a) An employer licensed under
Utah Code Annotated § 34-28-3(5)(a): on the day on which the employer pays an employee, give the employee a written or electronic pay statement that states:
Utah Code Annotated § 34-28-3(5)(a)(i): the employee's name;
Utah Code Annotated § 34-28-3(5)(a)(ii): the employee's base rate of pay;
Utah Code Annotated § 34-28-3(5)(a)(iii): the dates of the pay period for which the individual is being paid;
Utah Code Annotated § 34-28-3(5)(a)(iv): if paid hourly, the number of hours the employee worked during the pay period;
Utah Code Annotated § 34-28-3(5)(a)(v): the amount of and reason for any money withheld in accordance with state or federal law, including:
Utah Code Annotated § 34-28-3(5)(a)(v)(A): state and federal income tax;
Utah Code Annotated § 34-28-3(5)(a)(v)(B): Social Security tax;
Utah Code Annotated § 34-28-3(5)(a)(v)(C): Medicare tax; and
Utah Code Annotated § 34-28-3(5)(a)(v)(D): court-ordered withholdings; and
Utah Code Annotated § 34-28-3(5)(a)(vi): the total amount paid to the employee for that pay period; and
Utah Code Annotated § 34-28-3(5)(b): (5)(a) comply with the requirements described in Subsection
Utah Code Annotated § 34-28-3(6): (8); (6)(d)(i) An employer may not withhold or divert part of an employee's wages unless:
Utah Code Annotated § 34-28-3(6)(a): the employer is required to withhold or divert the wages by:
Utah Code Annotated § 34-28-3(6)(a)(i): court order; or
Utah Code Annotated § 34-28-3(6)(a)(ii): state or federal law;
Utah Code Annotated § 34-28-3(6)(b): the employee expressly authorizes the deduction in writing;
Utah Code Annotated § 34-28-3(6)(c): the employer presents evidence that in the opinion of a hearing officer or an administrative law judge would warrant an offset; or
Utah Code Annotated § 34-28-3(6)(d): (8); (6)(d)(i) subject to Subsection
Utah Code Annotated § 34-28-3(6)(d)(i): as a contribution of the employee under a contract or plan that is:
Utah Code Annotated § 34-28-3(6)(d)(i)(A): described in Section 401(k), 403(b), 408, 408A, or 457, Internal Revenue Code; and
Utah Code Annotated § 34-28-3(6)(d)(i)(B): established by the employer; and
Utah Code Annotated § 34-28-3(6)(d)(ii): (6)(d)(i) the contract or plan described in Subsection
Utah Code Annotated § 34-28-3(6)(d)(ii)(A): under the contract or plan; and
Utah Code Annotated § 34-28-3(6)(d)(ii)(B): that is made for the employee unless the employee affirmatively elects:
Utah Code Annotated § 34-28-3(6)(d)(ii)(B)(I): to not have a reduction made as a contribution by the employee under the contract or plan; or
Utah Code Annotated § 34-28-3(6)(d)(ii)(B)(II): to have a different amount be contributed by the employee under the contract or plan.
Utah Code Annotated § 34-28-3(7): (6) An employer may not require an employee to rebate, refund, offset, or return a part of the wage, salary, or compensation to be paid to the employee except as provided in Subsection
Utah Code Annotated § 34-28-3(8): (6)(d); (6)(d); (6)(d); (8)(b)
Utah Code Annotated § 34-28-3(8)(a): (6)(d) An employer shall notify an employee in writing of the right to make an election under Subsection
Utah Code Annotated § 34-28-3(8)(b): (6)(d) An employee may make an election described in Subsection
Utah Code Annotated § 34-28-3(8)(c): (6)(d); (8)(b) An employer shall modify or terminate the withholding or diversion described in Subsection
Utah Code Annotated § 34-28-3(9): An employer is not prohibited from pursuing legitimate claims of damages, offsets, or recoupments in a civil action against an employee.


Utah Code Annotated § 34-28-4 Notice of paydays -- Failure to notify a misdemeanor.
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Utah Code Annotated § 34-28-4(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.
Utah Code Annotated § 34-28-4(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.


Utah Code Annotated § 34-28-5 Separation from payroll -- Resignation -- Cessation because of industrial dispute.
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Utah Code Annotated § 34-28-5(1): (1)(a); (1)(c)
Utah Code Annotated § 34-28-5(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.
Utah Code Annotated § 34-28-5(1)(b): (1)(a) An employer satisfies the 24-hour time requirement described in Subsection
Utah Code Annotated § 34-28-5(1)(b)(i): 
Utah Code Annotated § 34-28-5(1)(b)(i)(A): the employer mails the wages to the employee; and
Utah Code Annotated § 34-28-5(1)(b)(i)(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
Utah Code Annotated § 34-28-5(1)(b)(ii): within 24 hours after the employer separates the employee from the employer's payroll, the employer:
Utah Code Annotated § 34-28-5(1)(b)(ii)(A): initiates a direct deposit of the wages into the employee's account; or
Utah Code Annotated § 34-28-5(1)(b)(ii)(B): hand delivers the wages to the employee.
Utah Code Annotated § 34-28-5(1)(c): (1)(c)
Utah Code Annotated § 34-28-5(1)(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.
Utah Code Annotated § 34-28-5(1)(c)(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.
Utah Code Annotated § 34-28-5(1)(c)(iii): (1)(c) An employee who has not made a written demand for payment is not entitled to any penalty under this Subsection
Utah Code Annotated § 34-28-5(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.
Utah Code Annotated § 34-28-5(3): 34-28-3 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
Utah Code Annotated § 34-28-5(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.


Utah Code Annotated § 34-28-6 Dispute over wages -- Notice and payment.
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Utah Code Annotated § 34-28-6(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.
Utah Code Annotated § 34-28-6(2): (1) Acceptance by an employee of a payment described in Subsection


Utah Code Annotated § 34-28-7 Payment at more frequent intervals permitted -- Agreements to contravene chapter prohibited unless approved by division.
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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.

Utah Code Annotated § 34-28-9 Enforcement of chapter -- Rulemaking authority.
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Utah Code Annotated § 34-28-9(1): 
Utah Code Annotated § 34-28-9(1)(a): The division shall:
Utah Code Annotated § 34-28-9(1)(a)(i): ensure compliance with this chapter;
Utah Code Annotated § 34-28-9(1)(a)(ii): investigate any alleged violations of this chapter; and
Utah Code Annotated § 34-28-9(1)(a)(iii): determine the validity of a claim for any violation of this chapter that is filed with the division by an employee.
Utah Code Annotated § 34-28-9(1)(b): The commission may make rules consistent with this chapter governing wage claims and payment of wages.
Utah Code Annotated § 34-28-9(1)(c): The minimum wage claim that the division may accept is $50.
Utah Code Annotated § 34-28-9(1)(d): The maximum wage claim that the division may accept is $10,000.
Utah Code Annotated § 34-28-9(1)(e): A wage claim shall be filed within one year after the day on which the wages were earned.
Utah Code Annotated § 34-28-9(2): (2)(a); (2)(b)(i); (2)(b)(i); (2)(a); (b); 34-28-3(5)
Utah Code Annotated § 34-28-9(2)(a): The division may assess against an employer who fails to pay an employee in accordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee which shall be assessed daily until paid for a period not to exceed 20 days.
Utah Code Annotated § 34-28-9(2)(b): (2)(a); (2)(b)(i); (2)(b)(i) The division shall:
Utah Code Annotated § 34-28-9(2)(b)(i): (2)(a) retain 50% of the money received from a penalty payment under Subsection
Utah Code Annotated § 34-28-9(2)(b)(ii): (2)(b)(i) pay all the sums retained under Subsection
Utah Code Annotated § 34-28-9(2)(b)(iii): (2)(b)(i) pay the 50% not retained under Subsection
Utah Code Annotated § 34-28-9(2)(c): (2)(a); (b); 34-28-3(5) Subsections
Utah Code Annotated § 34-28-9(3): 34-28-3(5); (3)(a)
Utah Code Annotated § 34-28-9(3)(a): 34-28-3(5) A person who violates Subsection
Utah Code Annotated § 34-28-9(3)(a)(i): $50 for the first violation within a one-year period;
Utah Code Annotated § 34-28-9(3)(a)(ii): $100 for the second violation within a one-year period;
Utah Code Annotated § 34-28-9(3)(a)(iii): $100 for the third violation within a one-year period; and
Utah Code Annotated § 34-28-9(3)(a)(iv): $500 for the fourth violation and each subsequent violation within a one-year period.
Utah Code Annotated § 34-28-9(3)(b): (3)(a) The division shall deposit the money that the division receives under Subsection
Utah Code Annotated § 34-28-9(4): 
Utah Code Annotated § 34-28-9(4)(a): An abstract of any final award under this section may be filed in the office of the clerk of the district court of any county in the state.  If so filed, the abstract shall be docketed in the judgment docket of that district court.
Utah Code Annotated § 34-28-9(4)(b): The time of the receipt of the abstract shall be noted by the clerk and entered in the judgment docket.
Utah Code Annotated § 34-28-9(4)(c): Unless the award was previously satisfied, if an abstract is filed and docketed, the award constitutes a lien upon the employer's real property that is situated in the county in which the abstract is filed for a period of eight years after the day on which the award is granted.
Utah Code Annotated § 34-28-9(4)(d): The district court may issue an execution or a renewal on the order within the same time and in the same manner and with the same effect as if the order were a judgment issued by the district court.
Utah Code Annotated § 34-28-9(5): 
Utah Code Annotated § 34-28-9(5)(a): The commission may employ counsel, appoint a representative, or request the attorney general, or the county attorney for the county in which the final award is filed and docketed, to represent the commission on all appeals and to enforce judgments.
Utah Code Annotated § 34-28-9(5)(b): The counsel employed by the commission, the attorney general, or the county representing the commission, shall be awarded:
Utah Code Annotated § 34-28-9(5)(b)(i): reasonable attorney fees, as specified by the commission; and
Utah Code Annotated § 34-28-9(5)(b)(ii): costs for:
Utah Code Annotated § 34-28-9(5)(b)(ii)(A): appeals when the plaintiff prevails; and
Utah Code Annotated § 34-28-9(5)(b)(ii)(B): judgment enforcement proceedings.
Utah Code Annotated § 34-28-9(6): (6)(a)
Utah Code Annotated § 34-28-9(6)(a): The commission may enter into reciprocal agreements with the labor department or a corresponding agency of any other state or with the person, board, officer, or commission authorized to act on behalf of that department or agency, for the collection in any other state of claims or judgments for wages and other demands based upon claims previously assigned to the commission.
Utah Code Annotated § 34-28-9(6)(b): (6)(a) The commission may, to the extent provided by any reciprocal agreement entered into under Subsection
Utah Code Annotated § 34-28-9(6)(c): The commission may maintain actions in the courts of this state upon assigned claims for wages, judgments, and demands arising in any other state in the same manner and to the same extent that the actions by the commission are authorized when arising in this state if:
Utah Code Annotated § 34-28-9(6)(c)(i): the labor department or a corresponding agency of any other state or of any person, board, officer, or commission of that state authorized to act on behalf of the labor department or corresponding agency requests in writing that the commission commence and maintain the action; and
Utah Code Annotated § 34-28-9(6)(c)(ii): the other state by legislation or reciprocal agreement extends the same comity to this state.


Utah Code Annotated § 34-28-9.5 Private cause of action.
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Utah Code Annotated § 34-28-9.5(1): 34-28-9; 34-28-9; Title 78A, Judiciary and Judicial Administration 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
Utah Code Annotated § 34-28-9.5(2): 34-28-9; 34-28-9 An employee may file an action for a wage claim in a court without exhausting the administrative remedies described in Section
Utah Code Annotated § 34-28-9.5(2)(a): the employee's wage claim is over $10,000;
Utah Code Annotated § 34-28-9.5(2)(b): 
Utah Code Annotated § 34-28-9.5(2)(b)(i): the employee's wage claim is less than or equal to $10,000;
Utah Code Annotated § 34-28-9.5(2)(b)(ii): the employee asserts one or more additional claims against the same employer; and
Utah Code Annotated § 34-28-9.5(2)(b)(iii): the aggregate amount of damages resulting from the claims described in this Subsection (2)(b) is greater than $10,000; or
Utah Code Annotated § 34-28-9.5(2)(c): 
Utah Code Annotated § 34-28-9.5(2)(c)(i): in the same civil action, more than one employee files a wage claim against an employer; and
Utah Code Annotated § 34-28-9.5(2)(c)(ii): the aggregate amount of the employees' combined wage claim is greater than $10,000.
Utah Code Annotated § 34-28-9.5(3): 34-28-5 In an action under this section, the court may award an employee:
Utah Code Annotated § 34-28-9.5(3)(a): actual damages;
Utah Code Annotated § 34-28-9.5(3)(b): an amount equal to 2.5% of the unpaid wages owed to the employee, assessed daily for the lesser of:
Utah Code Annotated § 34-28-9.5(3)(b)(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
Utah Code Annotated § 34-28-9.5(3)(b)(ii): 20 days after the day on which the court issues a final order; and
Utah Code Annotated § 34-28-9.5(3)(c): 34-28-5 a penalty described in Subsection


Utah Code Annotated § 34-28-10 Employers' records -- Inspection by division.
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Utah Code Annotated § 34-28-10(1): 
Utah Code Annotated § 34-28-10(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.
Utah Code Annotated § 34-28-10(1)(b): The employer shall keep the records on file for at least one year after the entry of the record.
Utah Code Annotated § 34-28-10(2): Title 58, Chapter 55, Utah Construction Trades Licensing Act; 34-28-3(5) An employer licensed under
Utah Code Annotated § 34-28-10(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.
Utah Code Annotated § 34-28-10(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.


Utah Code Annotated § 34-28-12 Violations -- Misdemeanor.
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Utah Code Annotated § 34-28-12(1): Any employer who violates or fails to comply with any of the provisions of this chapter is guilty of a class B misdemeanor.
Utah Code Annotated § 34-28-12(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.


Utah Code Annotated § 34-28-13 Assignment of wage claims -- Powers of division.
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Utah Code Annotated § 34-28-13(1): 34-28-5 The division may take assignments of wage claims, rights of actions for penalties under Section
Utah Code Annotated § 34-28-13(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.


Utah Code Annotated § 34-28-14 Actions by division as assignee -- Costs need not be advanced.
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Utah Code Annotated § 34-28-14(1): 34-28-13 In all actions brought by the division as assignee under Section
Utah Code Annotated § 34-28-14(2): Any sheriff, constable, or other officer requested by the division to serve summons, writs, complaints, orders, including any garnishment papers, and all necessary and legal papers within his jurisdiction shall do so without requiring the division to advance the fees or furnish any security or bond.
Utah Code Annotated § 34-28-14(3): Whenever the division shall require the sheriff, constable, or other officer whose duty it is to seize property or levy thereon in any attachment proceedings to satisfy any wage claim judgment to perform any such duty, this officer shall do so without requiring the division to furnish any security or bond in the action.
Utah Code Annotated § 34-28-14(4): (4) The officer in carrying out the provisions of this Subsection
Utah Code Annotated § 34-28-14(5): Whenever anyone other than the defendant claims the right of possession or ownership to such seized property, then in such case the officer may permit such claimant to have the custody of such property pending a determination of the court as to who has right of possession or ownership of such property.
Utah Code Annotated § 34-28-14(6): Any garnishee defendant shall be required to appear and make answer in any such action, as required by law, without having paid to the garnishee defendant in advance witness fees, but such witness fees shall be included as part of the taxable costs of such action.  Out of any recovery on a judgment in such a suit, there shall be paid the following: first, the witness fees to the garnishee defendant; second, the wage claims involved; third, the sheriff's or constable's fees; and fourth, the court costs.


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


Utah Code Annotated - Title 34 - Chapter 29 - Employment Agencies
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Utah Code Annotated § 34-29-1 License required -- Agencies for teachers excepted.
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It is unlawful for any person to open and establish in any city or town, or elsewhere within the limits of this state, any intelligence or employment office for the purpose of procuring or obtaining for money or other valuable consideration, either directly or indirectly, any work or employment for persons seeking the same, or to otherwise engage in such business, or in any way to act as a broker or go-between between employers and persons seeking work, without first having obtained a license so to do from the city, town, or, if not within any city or town, from the county where such intelligence or employment office is to be opened or such business is to be carried on.  Any person performing any of these services shall be deemed to be an employment agent within the meaning of this chapter, but the provisions of Section

Utah Code Annotated § 34-29-2 License -- Duty of cities, towns and counties to issue and regulate.
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Every city, town and county shall by ordinance provide for the issuing of licenses as contemplated by this chapter and shall establish such rules and regulations as are not herein provided for the carrying on of the business or occupation for which such license may be issued.

Utah Code Annotated § 34-29-3 License -- Application.
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Any person applying for a license under the provisions of this chapter shall make application to the board of city commissioners, city council or board of town trustees, or the county executive for the same and shall deposit with the city, town or county treasurer in advance the annual fee for such license, to be evidenced by the receipt of the city, town or county treasurer endorsed on the application. If the board of city commissioners, city council, board of town trustees, or the county executive refuses to order the issuance of such license to the party applying for the same, the sum so deposited with the city, town or county treasurer shall be refunded to the applicant for license without any further action of the governing body.

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

Utah Code Annotated § 34-29-5 License -- Posting.
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Upon the granting of a license by the board of city commissioners, city council, board of town trustees, or the county executive under this chapter, the city, town, or county treasurer shall within one week after payment of the license fee issue to the applicant entitled to the same a certificate setting forth the fact that such license has been granted. It shall be the duty of all persons who may obtain such license to keep the same publicly exposed to view in a conspicuous place in their offices or places of business.

Utah Code Annotated § 34-29-6 Referring employment to unlawful places -- Penalty.
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Any employment agent who knowingly refers employment to any place of bad repute, house of ill fame, assignation house, or to any house or place of amusement kept for immoral purposes, is guilty of a class B misdemeanor.  In addition to any other penalty, the agent's license shall be revoked.

Utah Code Annotated § 34-29-7 Referrals on bona fide orders only.
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Any employment agent who sends out any help without having previously obtained a bona fide order therefor shall, for each and every offense, be subject to the penalties provided in Section

Utah Code Annotated § 34-29-8 Taking commission in advance unlawful -- Penalty.
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Utah Code Annotated § 34-29-8(1): It is unlawful for any employment agent to receive, directly or indirectly, any money or other valuable consideration from any person seeking employment for any information or assistance furnished or to be furnished by the agent to such person, enabling or tending to enable that person to secure employment, before the time the information or assistance is actually furnished.
Utah Code Annotated § 34-29-8(2): (1) An employment agent who violates Subsection


Utah Code Annotated § 34-29-9 Commission to be returned if employment not secured.
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It shall be unlawful for an employment agent to retain, directly or indirectly, any money or other valuable consideration received for any information or assistance described in Section

Utah Code Annotated § 34-29-10 Schedule of fees -- Fee limitations.
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Utah Code Annotated § 34-29-10(1): (1)(a); (1)(a); (1)(b)
Utah Code Annotated § 34-29-10(1)(a): A private employment agency shall maintain a schedule of fees to be charged and collected in the conduct of its business.
Utah Code Annotated § 34-29-10(1)(b): (1)(a) A private employment agency shall post the schedule described in Subsection
Utah Code Annotated § 34-29-10(1)(c): (1)(a); (1)(b) A private employment agency may change the schedule described in Subsection
Utah Code Annotated § 34-29-10(2): A private employment agency may not charge or collect a fee that is greater than:
Utah Code Annotated § 34-29-10(2)(a): the fee on the schedule of fees in effect at the time the contract for employment is issued; or
Utah Code Annotated § 34-29-10(2)(b): 25% of the amount actually earned in the employment during the first 30 days, if the employment ends during the 30-day period.


Utah Code Annotated § 34-29-11 Register of employers to be kept.
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Each employment agent licensed under this chapter shall enter upon a register, to be kept for that purpose and to be known as an "employers' register," every order received from any corporation, company or individual desiring the service of any persons seeking work or employment, the name and address of the corporation, company or individual from whom such order was received, the number of persons wanted, the nature of the work or employment, the town or city (street and number, if any) where such work or employment is to be furnished and the wages to be paid.

Utah Code Annotated § 34-29-12 Register of applicants to be kept -- Open for inspection.
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Each employment agent shall keep a register, to be known as "labor applicants' register," which shall show the name of each person seeking work or employment to whom information or assistance is furnished and the amount of the commission received in each such case therefor; the name of each person who, having received and paid for any information or assistance described in Section

Utah Code Annotated § 34-29-13 Statements to be furnished applicants.
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Every person securing information or intelligence from an employment agent relative to hiring or engagement to work for others as provided in Section

Utah Code Annotated § 34-29-14 Dividing of fees prohibited.
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Any employment agent sending out help to contractors or other employers of help and dividing the fees allowed under this chapter with subcontractors and employers of help, or their foremen or anyone in their employ, shall be subject to the penalties provided in Section

Utah Code Annotated § 34-29-15 False statements -- Failure to keep registers -- Other violations -- Penalty.
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Utah Code Annotated § 34-29-15(1): (2); 34-29-11; 34-29-12; 34-29-11; 34-29-12 If a person engaged in the business of employment or intelligence agent or broker licensed under this chapter does the following, that person is liable under Subsection
Utah Code Annotated § 34-29-15(1)(a): gives any false information or makes any misstatement or any false promises concerning any work, employment, or occupation;
Utah Code Annotated § 34-29-15(1)(b): 34-29-11; 34-29-12 fails to keep the registers as prescribed in Sections
Utah Code Annotated § 34-29-15(1)(c): 34-29-11; 34-29-12 willfully makes any false entries in a register under Section
Utah Code Annotated § 34-29-15(1)(d): violates any other provision of this chapter.
Utah Code Annotated § 34-29-15(2): (1) If a person violates Subsection


Utah Code Annotated § 34-29-16 Action on bond -- Brought in name of injured party.
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Any action brought in any court against any employment or intelligence agent upon the bond deposited with the city, town or county treasurer by this employment or intelligence agent as provided in Section

Utah Code Annotated § 34-29-17 Religious or charitable associations excepted from chapter.
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Nothing contained in this chapter shall be construed so as to require any religious or charitable association which may assist in procuring situations or employment for persons seeking the same to obtain a license therefor.

Utah Code Annotated § 34-29-18 Copies of laws to be posted.
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The keeper of an employment or intelligence office shall cause two copies of Sections

Utah Code Annotated § 34-29-19 Deceptive or duplicate orders for employees -- Liability to applicants.
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Any person who places with an employment agent an order for more employees than the person placing the order actually desires, or who places with employment agents duplicate orders for employees, or who permits a standing order for employees to remain uncanceled at a time when the person placing the order does not need such employees, shall be liable to persons who, in good faith, accept and act upon information furnished in good faith by employment agents under such excess, duplicate or standing order for the amount actually expended in traveling from the location of such employment agency to the place of such proposed employment and return.

Utah Code Annotated § 34-29-20 False orders for employees -- Misdemeanor.
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Any person who gives to an employment agent any false or unauthorized order for employees, or who causes to be published in any newspaper or otherwise any false or unauthorized notice or statement that employees are wanted by any person, is guilty of a class B misdemeanor.

Utah Code Annotated - Title 34 - Chapter 30 - Employment on Public Works
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Utah Code Annotated § 34-30-1 Citizens to be given preference -- Provision to be included in contracts.
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In employing workmen in the construction of public works by the state or any county or municipality, or by persons contracting with the state or any county or municipality, preference shall be given citizens of the United States, or those having declared their intention of becoming citizens. In each contract for the construction of public works a provision shall be inserted to the effect that, if the provisions of this section are not complied with, the contract shall be void.

Utah Code Annotated § 34-30-8 Forty-hour work week -- Overtime at one and one-half regular rate.
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Forty hours shall constitute a working week on all works and undertakings carried on by the state, county, or municipal governments, or by any officer of the state or of any county or municipal government. Any persons, corporation, firm, contractor, agent, manager, or foreman, who shall require or contract with any person to work upon such works or undertakings longer than 40 hours in one week shall pay such employees at a rate not less than one and one-half times the regular rate at which the employee is employed.

Utah Code Annotated § 34-30-9 Violation of chapter -- Failure to keep or produce records -- Misdemeanor.
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Any officer, agent or representative of the state, or of any political subdivision, district or municipality of it who shall violate, or omit to comply with any of the provisions of this chapter, and any contractor or subcontractor, or agent or representative thereof, doing such public work, who shall neglect to keep, or cause to be kept, an accurate record of the names, occupation and actual wages paid to each laborer, workman and mechanic employed by him or her, in connection with this public work or who shall refuse to allow access to same at any reasonable hour to any person authorized to inspect same under this chapter is guilty of a class B misdemeanor.

Utah Code Annotated § 34-30-13 Compliance with federal requirements.
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Notwithstanding any other provision in this chapter to the contrary, the governor of the state of Utah may, in the governor's discretion, elect to suspend the provisions of this chapter in whole or in part if it becomes necessary to do so in order to comply with requirements imposed by the government of the United States, in order for the state of Utah to remain eligible for participation in programs which are financed in whole or in part by the United States government.

Utah Code Annotated § 34-30-14 Public works -- Wages.
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Utah Code Annotated § 34-30-14(1): For purposes of this section:
Utah Code Annotated § 34-30-14(1)(a): "Political subdivision" means a county, city, town, school district, special district, special service district, public corporation, institution of higher education of the state, public agency of any political subdivision, or other entity that expends public funds for construction, maintenance, repair or improvement of public works.
Utah Code Annotated § 34-30-14(1)(b): "Public works" or "public works project" means a building, road, street, sewer, storm drain, water system, irrigation system, reclamation project, or other facility owned or to be contracted for by the state or a political subdivision, and that is to be paid for in whole or in part with tax revenue paid by residents of the state.
Utah Code Annotated § 34-30-14(2): (2)(b); (2)(a)
Utah Code Annotated § 34-30-14(2)(a): (2)(b) Except as provided in Subsection
Utah Code Annotated § 34-30-14(2)(a)(i): a predetermined amount of wages or wage rate; or
Utah Code Annotated § 34-30-14(2)(a)(ii): a type, amount, or rate of employee benefits.
Utah Code Annotated § 34-30-14(2)(b): (2)(a) Subsection
Utah Code Annotated § 34-30-14(3): The state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works execute or otherwise become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or any other agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded, or performing work on a public works project.
Utah Code Annotated § 34-30-14(4): This section applies to any contract executed after May 1, 1995.


Utah Code Annotated - Title 34 - Chapter 32 - Deductions for the Benefit of Labor Organizations
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Utah Code Annotated § 34-32-1 Assignments to labor unions -- Effect.
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Utah Code Annotated § 34-32-1(1): (1)(c)(iii) As used in this section:
Utah Code Annotated § 34-32-1(1)(a): "Employee" means a person employed by any person, partnership, public, private, or municipal corporation, school district, the state, or any political subdivision of the state.
Utah Code Annotated § 34-32-1(1)(b): "Employer" means the person or entity employing an employee.
Utah Code Annotated § 34-32-1(1)(c): (1)(c)(iii)
Utah Code Annotated § 34-32-1(1)(c)(i): "Labor organization" means a lawful organization of any kind that is composed, in whole or in part, of employees, and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.
Utah Code Annotated § 34-32-1(1)(c)(ii): (1)(c)(iii) Except as provided in Subsection
Utah Code Annotated § 34-32-1(1)(c)(iii): "Labor organization" does not include organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
Utah Code Annotated § 34-32-1(1)(d): "Union dues" means dues, fees, money, or other assessments required as a condition of membership or participation in a labor organization.
Utah Code Annotated § 34-32-1(2): An employee may direct an employer, in writing, to deduct from the employee's wages a specified sum for union dues, not to exceed 3% per month, to be paid to a labor organization designated by the employee.
Utah Code Annotated § 34-32-1(3): An employer shall promptly commence or cease making deductions for union dues from the wages of an employee for the benefit of a labor organization when the employer receives a written communication from the employee directing the employer to commence or cease making deductions.
Utah Code Annotated § 34-32-1(4): An employee's request that an employer cease making deductions may not be conditioned upon a labor organization's:
Utah Code Annotated § 34-32-1(4)(a): receipt of advance notice of the request; or
Utah Code Annotated § 34-32-1(4)(b): prior consent to cessation of the deductions.
Utah Code Annotated § 34-32-1(5): A labor organization is not liable for any claim, service, or benefit that is:
Utah Code Annotated § 34-32-1(5)(a): available only to a member of the labor organization; and
Utah Code Annotated § 34-32-1(5)(b): terminated as a result of an employee's request that the employer cease making deductions for union dues.
Utah Code Annotated § 34-32-1(6): An employee may join a labor organization or terminate membership at any time.  A person may not place a restriction on the time that an employee may join, or terminate membership with, a labor organization.
Utah Code Annotated § 34-32-1(7): An employee may not waive a provision of this section.


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


Utah Code Annotated § 34-32-2 Assignments to farm organizations -- Effect.
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Whenever any producer of farm products within the state executes and delivers to a dealer or processor of farm products, either as a clause in a sales agreement or other instrument in writing, whereby such processor or dealer is directed to deduct a sum or a rate not exceeding 3% of the price to be paid for any such produce, such processor or dealer shall deduct from the price to be paid for any farm product being sold by any such producer to any such processor or dealer, the amount so authorized and the producer or dealer shall pay the same to a farm organization as assignee.

Utah Code Annotated § 34-32-3 Failure to comply -- Penalty.
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Any employer, dealer or processor who willfully fails to comply with the duties imposed by this chapter is guilty of a class B misdemeanor.

Utah Code Annotated § 34-32-4 Exceptions from chapter.
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Utah Code Annotated § 34-32-4(1): The provisions of this chapter do not apply to carriers as that term is defined in the Railway Labor Act passed by the Congress of the United States, June 21, 1934. 48 Stat. 1189, U.S. Code, Title 45, Section 151.
Utah Code Annotated § 34-32-4(2): Nothing in this chapter is intended to, or may be construed to, preempt any requirement of federal law.


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

Utah Code Annotated § 34-33-2 Violation a misdemeanor.
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Any person, firm, corporation or partnership violating the provisions of this chapter is guilty of a class B misdemeanor.

Utah Code Annotated - Title 34 - Chapter 34 - Utah Right to Work Law
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Utah Code Annotated § 34-34-1 Short title.
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This chapter shall be known and may be cited as the "Utah Right to Work Law."

Utah Code Annotated § 34-34-2 Public policy.
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It is hereby declared to be the public policy of the state that the right of persons to work, whether in private employment or for the state, its counties, cities, school districts, or other political subdivisions, may not be denied or abridged on account of membership or nonmembership in any labor union, labor organization or any other type of association; and further, that the right to live includes the right to work.  The exercise of the right to work shall be protected and maintained free from undue restraints and coercion.

Utah Code Annotated § 34-34-3 "Employer" defined.
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The word "employer" as used in this chapter includes all persons, firms, associations, corporations, the state, its counties, cities, school districts and other political subdivisions.

Utah Code Annotated § 34-34-4 Agreement, understanding or practice denying right to work declared illegal.
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Any express or implied agreement, understanding or practice between any employer and any labor union, labor organization or any other type of association, whereby any person not a member of such union, organization or any other type of association shall be denied the right to work for an employer, or whereby membership in such labor union, labor organization or any other type of association is made a condition of employment or continuation of employment by such employer, or whereby any such union, organization or any other type of association acquires an employment monopoly in any enterprise or industry, is hereby declared to be an illegal combination or conspiracy and against public policy.

Utah Code Annotated § 34-34-5 Any agreement, understanding or practice designed to violate chapter declared illegal.
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Any express or implied agreement, understanding or practice which is designed to cause or require, or has the effect of causing or requiring, any employer or labor union, labor organization or any other type of association, whether or not a party thereto, to violate any provision of this chapter is hereby declared an illegal agreement, understanding, or practice and contrary to public policy.

Utah Code Annotated § 34-34-6 Conduct forcing violation of act illegal -- Peaceful and orderly solicitation excepted.
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Any person, firm, association, corporation, labor union, labor organization or any other type of association engaging in lockouts, layoffs, boycotts, picketing, work stoppages, or other conduct, a purpose of which is to compel or force any other person, firm, association, corporation, labor union, labor organization or any other type of association to violate any provision of this chapter shall be guilty of illegal conduct contrary to public policy; but nothing herein contained shall be construed to prevent or make illegal the peaceful and orderly solicitation and persuasion by members of a labor union, labor organization or any other type of association of others to join a labor union, labor organization or any other type of association, unaccompanied by any intimidation, use of force, threat of use of force, reprisal, or threat of reprisal.

Utah Code Annotated § 34-34-7 Compelling person to join or not join labor union unlawful.
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It shall be unlawful for any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association, officer or agent of such, or member of same, to compel or force, or to attempt to compel or force, any person to join or refrain from joining any labor union, labor organization or any other type of association.

Utah Code Annotated § 34-34-8 Employer not to require union membership.
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No employer shall require any person to become or remain a member of any labor union, labor organization or any other type of association as a condition of employment or continuation of employment by such employer.

Utah Code Annotated § 34-34-9 Employer not to require person to abstain from union membership.
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No employer shall require any person to abstain or refrain from membership in any labor union, labor organization or any other type of association as a condition of employment or continuation of employment.

Utah Code Annotated § 34-34-10 Employer not to require payment of dues, fees, or other charges to union.
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No employer shall require any person to pay any dues, fees, or other charges of any kind to any labor union, labor organization or any other type of association as a condition of employment or continuation of employment.

Utah Code Annotated § 34-34-11 Injunctive relief -- Damages.
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Any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association injured as a result of any violation or threatened violation of any provision of this chapter, or threatened with any such violation shall be entitled to injunctive relief against any and all violators or persons threatening violation and also to recover from such violator or violators, or person or persons, any and all damages of any character cognizable at common law resulting from such violations or threatened violations. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.

Utah Code Annotated § 34-34-12 Injunction against violating chapter.
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In addition to the penal provisions of this chapter, any person, firm, corporation, association, or any labor union, labor organization or any other type of association, or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and things prohibited by this chapter.

Utah Code Annotated § 34-34-13 Damages for denial or deprivation of continuation of employment.
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Any person who may be denied employment or be deprived of continuation of employment in violation of this chapter shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with the employer by appropriate action in the courts of this state such damages as the person may have sustained by reason of such denial or deprivation of employment.

Utah Code Annotated § 34-34-15 Existing contracts -- Chapter applicable upon renewal or extension.
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The provisions of this chapter do not apply to any lawful contract in force on the effective date of this act, but they shall apply in all respects to contracts entered into after such date and to any renewal or extension of any existing contract.

Utah Code Annotated § 34-34-16 Right to bargain collectively not denied.
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Nothing in this chapter shall be construed to deny the right of employees to bargain collectively with their employer by and through labor unions, labor organizations or any other type of associations.

Utah Code Annotated § 34-34-17 Violation of act a misdemeanor.
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A violation of this act is a class B misdemeanor, and each day such unlawful conduct, as defined in this chapter, is in effect or continued is a separate offense and is punishable as such, as provided in this chapter.

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

Utah Code Annotated § 34-36-2 Motor vehicles of employers -- Rules.
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Utah Code Annotated § 34-36-2(1): The Labor Commission shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment.  These rules shall be embodied in a safety code and shall establish minimum standards.
Utah Code Annotated § 34-36-2(2): 54-2-1; (2)(a)
Utah Code Annotated § 34-36-2(2)(a): 54-2-1 A person who is an employee of an electrical corporation, a gas corporation, or a telephone corporation, as these corporations are defined in Section
Utah Code Annotated § 34-36-2(2)(b): (2)(a) As used in Subsection


Utah Code Annotated § 34-36-3 Carriers and vehicles of United States exempt.
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This chapter does not apply to motor carriers or to motor vehicles owned and operated by the United States.

Utah Code Annotated § 34-36-4 Agricultural workers exempt.
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The provisions of this chapter do not apply to agricultural workers.

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


Utah Code Annotated § 34-38-2 Definitions.
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For purposes of this chapter:Utah Code Annotated § 34-38-2(1): "Alcohol" means ethyl alcohol or ethanol.
Utah Code Annotated § 34-38-2(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.
Utah Code Annotated § 34-38-2(3): "Employee" means an individual in the service of an employer for compensation.
Utah Code Annotated § 34-38-2(4): 
Utah Code Annotated § 34-38-2(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.
Utah Code Annotated § 34-38-2(4)(b): "Employer" does not include the federal or state government, or other local political subdivisions.
Utah Code Annotated § 34-38-2(5): "Failed test" means a confirmed drug or alcohol test that indicates that the sample tested is:
Utah Code Annotated § 34-38-2(5)(a): positive;
Utah Code Annotated § 34-38-2(5)(b): adulterated; or
Utah Code Annotated § 34-38-2(5)(c): substituted.
Utah Code Annotated § 34-38-2(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.
Utah Code Annotated § 34-38-2(7): Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act "Licensed physician" means an individual who is licensed:
Utah Code Annotated § 34-38-2(7)(a): Title 58, Chapter 67, Utah Medical Practice Act as a doctor of medicine under
Utah Code Annotated § 34-38-2(7)(b): Title 58, Chapter 68, Utah Osteopathic Medical Practice Act as an osteopathic physician or surgeon under
Utah Code Annotated § 34-38-2(8): "Prospective employee" means an individual who applies to an employer, either in writing or orally, to become the employer's employee.
Utah Code Annotated § 34-38-2(9): "Sample" means urine, blood, breath, saliva, or hair.


Utah Code Annotated § 34-38-3 Testing for drugs or alcohol.
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Utah Code Annotated § 34-38-3(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.
Utah Code Annotated § 34-38-3(2): (2)(b); 34A-1-103; (2)
Utah Code Annotated § 34-38-3(2)(a): (2)(b) 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
Utah Code Annotated § 34-38-3(2)(b): 34A-1-103; (2) The executive director of the Department of Environmental Quality, in consultation with the Labor Commission under Section


Utah Code Annotated § 34-38-4 Samples -- Identification and collection.
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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

Utah Code Annotated § 34-38-5 Time of testing -- Cost of testing and transportation.
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Utah Code Annotated § 34-38-5(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.
Utah Code Annotated § 34-38-5(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.


Utah Code Annotated § 34-38-6 Requirements for collection and testing.
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Utah Code Annotated § 34-38-6(1): The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter.
Utah Code Annotated § 34-38-6(2): The collection of a sample shall be performed under reasonable and sanitary conditions.
Utah Code Annotated § 34-38-6(3): A sample shall be collected and tested:
Utah Code Annotated § 34-38-6(3)(a): with due regard to the privacy of the individual being tested; and
Utah Code Annotated § 34-38-6(3)(b): in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of a reliable sample.
Utah Code Annotated § 34-38-6(4): (4) The sample collection shall be documented.  The documentation procedures required by this Subsection
Utah Code Annotated § 34-38-6(4)(a): labeling of a sample so as reasonably to preclude the probability of erroneous identification of test results; and
Utah Code Annotated § 34-38-6(4)(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:
Utah Code Annotated § 34-38-6(4)(b)(i): identification of currently or recently used prescription or nonprescription drugs; or
Utah Code Annotated § 34-38-6(4)(b)(ii): other relevant medical information.
Utah Code Annotated § 34-38-6(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.
Utah Code Annotated § 34-38-6(6): 34-38-8
Utah Code Annotated § 34-38-6(6)(a): Testing of a sample shall conform to scientifically accepted analytical methods and procedures.
Utah Code Annotated § 34-38-6(6)(b): 34-38-8 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
Utah Code Annotated § 34-38-6(6)(b)(i): by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method; and
Utah Code Annotated § 34-38-6(6)(b)(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.


Utah Code Annotated § 34-38-7 Employer's written testing policy -- Purposes and requirements for collection and testing -- Employer's use of test results.
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Utah Code Annotated § 34-38-7(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.
Utah Code Annotated § 34-38-7(2): Within the terms of his written policy, an employer may require the collection and testing of samples for the following purposes:
Utah Code Annotated § 34-38-7(2)(a): investigation of possible individual employee impairment;
Utah Code Annotated § 34-38-7(2)(b): investigation of accidents in the workplace or incidents of workplace theft;
Utah Code Annotated § 34-38-7(2)(c): maintenance of safety for employees or the general public; or
Utah Code Annotated § 34-38-7(2)(d): maintenance of productivity, quality of products or services, or security of property or information.
Utah Code Annotated § 34-38-7(3): 34-38-4; 34-38-5; 34-38-6 The collection and testing of samples shall be conducted in accordance with Sections
Utah Code Annotated § 34-38-7(4): 34-38-8; 34-38-13 The employer's use and disposition of all drug or alcohol test results are subject to the limitations of Sections


Utah Code Annotated § 34-38-8 Employer's disciplinary or rehabilitative actions.
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Utah Code Annotated § 34-38-8(1): (2); 34-38-6(6) An employer may take an action described in Subsection
Utah Code Annotated § 34-38-8(1)(a): 34-38-6(6) the employer receives a test result that:
Utah Code Annotated § 34-38-8(1)(a)(i): indicates a failed test;
Utah Code Annotated § 34-38-8(1)(a)(ii): 34-38-6(6) is confirmed as required by Subsection
Utah Code Annotated § 34-38-8(1)(a)(iii): indicates a violation of the employer's written policy; or
Utah Code Annotated § 34-38-8(1)(b): an employee or prospective employee refuses to provide a sample.
Utah Code Annotated § 34-38-8(2): (1) An employer may use a test result or a refusal described in Subsection
Utah Code Annotated § 34-38-8(2)(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;
Utah Code Annotated § 34-38-8(2)(b): suspension of the employee with or without pay for a period of time;
Utah Code Annotated § 34-38-8(2)(c): termination of employment;
Utah Code Annotated § 34-38-8(2)(d): refusal to hire a prospective employee; or
Utah Code Annotated § 34-38-8(2)(e): other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.


Utah Code Annotated § 34-38-9 No cause of action for failure to test or detect substance or problem, or for termination of testing program.
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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:Utah Code Annotated § 34-38-9(1): failure to test for drugs or alcohol, or failure to test for a specific drug or other substance;
Utah Code Annotated § 34-38-9(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
Utah Code Annotated § 34-38-9(3): termination or suspension of any drug or alcohol testing program or policy.


Utah Code Annotated § 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.
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Utah Code Annotated § 34-38-10(1): 34-38-8 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
Utah Code Annotated § 34-38-10(2): 34-38-11; 34-38-6 If a person bringing a claim, including a claim under Section
Utah Code Annotated § 34-38-10(2)(a): 34-38-6 there is a rebuttable presumption that the test result is valid if the employer complies with Section
Utah Code Annotated § 34-38-10(2)(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.
Utah Code Annotated § 34-38-10(3): 34-38-6; 34-38-6; (3)(a)
Utah Code Annotated § 34-38-10(3)(a): 34-38-6 There is a rebuttable presumption that the employer complies with Section
Utah Code Annotated § 34-38-10(3)(a)(i): provides medical assessment of a result that indicates a failed test;
Utah Code Annotated § 34-38-10(3)(a)(ii): requests re-analysis of a test result if necessary; and
Utah Code Annotated § 34-38-10(3)(a)(iii): makes a determination whether or not alcohol or other drug use has occurred.
Utah Code Annotated § 34-38-10(3)(b): 34-38-6; (3)(a) A court may find that an employer complies with Section


Utah Code Annotated § 34-38-11 Bases for cause of action for defamation, libel, slander, or damage to reputation.
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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:Utah Code Annotated § 34-38-11(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;
Utah Code Annotated § 34-38-11(2): the information disclosed is based on an inaccurate test result;
Utah Code Annotated § 34-38-11(3): an inaccurate test result is disclosed with malice; and
Utah Code Annotated § 34-38-11(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.


Utah Code Annotated § 34-38-12 No cause of action for failure of employer to establish testing program.
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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.

Utah Code Annotated § 34-38-13 Confidentiality of test-related information.
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Utah Code Annotated § 34-38-13(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:
Utah Code Annotated § 34-38-13(1)(a): information;
Utah Code Annotated § 34-38-13(1)(b): interviews;
Utah Code Annotated § 34-38-13(1)(c): reports;
Utah Code Annotated § 34-38-13(1)(d): statements;
Utah Code Annotated § 34-38-13(1)(e): memoranda; or
Utah Code Annotated § 34-38-13(1)(f): test results.
Utah Code Annotated § 34-38-13(2): (3); (6) Except as provided in Subsections
Utah Code Annotated § 34-38-13(2)(a): used or received in evidence;
Utah Code Annotated § 34-38-13(2)(b): obtained in discovery; or
Utah Code Annotated § 34-38-13(2)(c): disclosed in any public or private proceeding.
Utah Code Annotated § 34-38-13(3): 58-13-5(3); 58-13-5(3); 58-1-401; (3)(a); 34-38-8; 34-38-11 Test-related information:
Utah Code Annotated § 34-38-13(3)(a): 58-13-5(3); 58-13-5(3) shall be disclosed to the Division of Professional Licensing:
Utah Code Annotated § 34-38-13(3)(a)(i): 58-13-5(3) in the manner provided in Subsection
Utah Code Annotated § 34-38-13(3)(a)(ii): 58-13-5(3) only to the extent required under Subsection
Utah Code Annotated § 34-38-13(3)(b): 58-1-401; (3)(a); 34-38-8; 34-38-11 may only be used in a proceeding related to:
Utah Code Annotated § 34-38-13(3)(b)(i): 58-1-401; (3)(a) an action taken by the Division of Professional Licensing under Section
Utah Code Annotated § 34-38-13(3)(b)(ii): 34-38-8 an action taken by an employer under Section
Utah Code Annotated § 34-38-13(3)(b)(iii): 34-38-11 an action under Section
Utah Code Annotated § 34-38-13(4): Test-related information shall be the property of the employer.
Utah Code Annotated § 34-38-13(5): 34-38-8 An employer is entitled to use a drug or alcohol test result as a basis for action under Section
Utah Code Annotated § 34-38-13(6): 34-38-8; 34-38-11; (3)(b)(i) An employer may not be examined as a witness with regard to test-related information, except:
Utah Code Annotated § 34-38-13(6)(a): 34-38-8 in a proceeding related to an action taken by the employer under Section
Utah Code Annotated § 34-38-13(6)(b): 34-38-11 in an action under Section
Utah Code Annotated § 34-38-13(6)(c): (3)(b)(i) in an action described in Subsection


Utah Code Annotated § 34-38-14 Employee not a person with a disability.
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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

Utah Code Annotated § 34-38-15 No physician-patient relationship created.
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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.

Utah Code Annotated - Title 34 - Chapter 39 - Employment Inventions Act
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Utah Code Annotated § 34-39-1 Citation of act.
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This act is known as the "Employment Inventions Act."

Utah Code Annotated § 34-39-2 Definitions.
------------------------------------------
As used in this chapter:Utah Code Annotated § 34-39-2(1): "Employment invention" means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:
Utah Code Annotated § 34-39-2(1)(a): conceived, developed, reduced to practice, or created by the employee:
Utah Code Annotated § 34-39-2(1)(a)(i): within the scope of his employment;
Utah Code Annotated § 34-39-2(1)(a)(ii): on his employer's time; or
Utah Code Annotated § 34-39-2(1)(a)(iii): with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property;
Utah Code Annotated § 34-39-2(1)(b): the result of any work, services, or duties performed by an employee for his employer;
Utah Code Annotated § 34-39-2(1)(c): related to the industry or trade of the employer; or
Utah Code Annotated § 34-39-2(1)(d): related to the current or demonstrably anticipated business, research, or development of the employer.
Utah Code Annotated § 34-39-2(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.


Utah Code Annotated § 34-39-3 Scope of act -- When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions -- Exceptions.
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Utah Code Annotated § 34-39-3(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:
Utah Code Annotated § 34-39-3(1)(a): created by the employee entirely on his own time; and
Utah Code Annotated § 34-39-3(1)(b): not an employment invention.
Utah Code Annotated § 34-39-3(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.
Utah Code Annotated § 34-39-3(3): (1) Subsection
Utah Code Annotated § 34-39-3(3)(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
Utah Code Annotated § 34-39-3(3)(b): an agreement between an employee and his employer which is not an employment agreement.
Utah Code Annotated § 34-39-3(4): (1); (1) Notwithstanding Subsection
Utah Code Annotated § 34-39-3(5): (2) Employment of the employee or the continuation of his employment is sufficient consideration to support the enforceability of an agreement under Subsection
Utah Code Annotated § 34-39-3(6): (2) An employer may require his employees to agree to an agreement within the scope of Subsection
Utah Code Annotated § 34-39-3(7): (1) An employer may not require his employees to agree to anything unenforceable under Subsection
Utah Code Annotated § 34-39-3(8): Nothing in this chapter invalidates or renders unenforceable any employment agreement or provisions of an employment agreement unrelated to employment inventions.


Utah Code Annotated - Title 34 - Chapter 40 - Utah Minimum Wage Act
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Utah Code Annotated § 34-40-101 Short title.
--------------------------------------------
This chapter is known as the "Utah Minimum Wage Act."

Utah Code Annotated § 34-40-102 Definitions -- Joint employees -- Franchisors.
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Utah Code Annotated § 34-40-102(1): (3) Subject to Subsection
Utah Code Annotated § 34-40-102(2): As used in this chapter:
Utah Code Annotated § 34-40-102(2)(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.
Utah Code Annotated § 34-40-102(2)(b): "Commission" means the Labor Commission.
Utah Code Annotated § 34-40-102(2)(c): "Division" means the Division of Antidiscrimination and Labor in the commission.
Utah Code Annotated § 34-40-102(2)(d): "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
Utah Code Annotated § 34-40-102(2)(e): "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-40-102(2)(f): "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-40-102(2)(g): "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34-40-102(2)(h): "Minimum wage" means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise.
Utah Code Annotated § 34-40-102(2)(i): "Tipped employee" means an employee who customarily and regularly receives tips or gratuities.
Utah Code Annotated § 34-40-102(3): (1) Notwithstanding Subsection
Utah Code Annotated § 34-40-102(4): (4)
Utah Code Annotated § 34-40-102(4)(a): For purposes of this chapter, a franchisor is not considered to be an employer of:
Utah Code Annotated § 34-40-102(4)(a)(i): a franchisee; or
Utah Code Annotated § 34-40-102(4)(a)(ii): a franchisee's employee.
Utah Code Annotated § 34-40-102(4)(b): (4) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection


Utah Code Annotated § 34-40-103 Minimum wage -- Commission to review and modify minimum wage.
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Utah Code Annotated § 34-40-103(1): 
Utah Code Annotated § 34-40-103(1)(a): The minimum wage for all private and public employees within the state shall be $3.35 per hour.
Utah Code Annotated § 34-40-103(1)(b): Effective April 1, 1990, the minimum wage shall be $3.80 per hour.
Utah Code Annotated § 34-40-103(2): 
Utah Code Annotated § 34-40-103(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.
Utah Code Annotated § 34-40-103(2)(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.
Utah Code Annotated § 34-40-103(2)(c): The commission:
Utah Code Annotated § 34-40-103(2)(c)(i): may review the minimum wage at any time;
Utah Code Annotated § 34-40-103(2)(c)(ii): shall review the minimum wage at least every three years; and
Utah Code Annotated § 34-40-103(2)(c)(iii): shall review the minimum wage whenever the federal minimum wage is changed.
Utah Code Annotated § 34-40-103(3): The commission may provide for separate minimum hourly wages for minors.


Utah Code Annotated § 34-40-104 Exemptions.
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Utah Code Annotated § 34-40-104(1): Title 13, Chapter 22, Charitable Solicitations Act The minimum wage established in this chapter does not apply to:
Utah Code Annotated § 34-40-104(1)(a): an employee who is entitled to a minimum wage as provided in the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq.;
Utah Code Annotated § 34-40-104(1)(b): an outside sales person;
Utah Code Annotated § 34-40-104(1)(c): an employee who is a member of the employer's immediate family;
Utah Code Annotated § 34-40-104(1)(d): companionship service for an individual who, because of age or infirmity, is unable to care for the individual's self;
Utah Code Annotated § 34-40-104(1)(e): casual and domestic employees as defined by the commission;
Utah Code Annotated § 34-40-104(1)(f): Title 13, Chapter 22, Charitable Solicitations Act a seasonal employee of a nonprofit camping program, religious or recreation program, or nonprofit educational or charitable organization registered under
Utah Code Annotated § 34-40-104(1)(g): an individual employed by the United States of America;
Utah Code Annotated § 34-40-104(1)(h): a prisoner employed through the penal system;
Utah Code Annotated § 34-40-104(1)(i): an employee employed in agriculture if the employee:
Utah Code Annotated § 34-40-104(1)(i)(i): is principally engaged in the range production of livestock;
Utah Code Annotated § 34-40-104(1)(i)(ii): is employed as a harvest laborer and is paid on a piece rate basis in an operation that has been and is generally recognized by custom as having been paid on a piece rate basis in the region of employment;
Utah Code Annotated § 34-40-104(1)(i)(iii): was employed in agriculture less than 13 weeks during the preceding calendar year; or
Utah Code Annotated § 34-40-104(1)(i)(iv): is a retired or semiretired individual performing part-time or incidental work as a condition of the employee's residence on a farm or ranch;
Utah Code Annotated § 34-40-104(1)(j): a registered apprentice or student employed by the educational institution in which the apprentice or student is enrolled; or
Utah Code Annotated § 34-40-104(1)(k): a seasonal hourly employee employed by a seasonal amusement establishment with permanent structures and facilities if the other direct monetary compensation from tips, incentives, commissions, end-of-season bonus, or other forms of pay is sufficient to cause the average hourly rate of total compensation for the season of seasonal hourly employees who continue to work to the end of the operating season to equal the applicable minimum wage if:
Utah Code Annotated § 34-40-104(1)(k)(i): the seasonal amusement establishment does not operate for more than seven months in any calendar year; or
Utah Code Annotated § 34-40-104(1)(k)(ii): during the preceding calendar year the seasonal amusement establishment's average receipts for any six months of that year were not more than 33-1/3% of the seasonal amusement establishment's average receipts for the other six months of that year.
Utah Code Annotated § 34-40-104(2): 
Utah Code Annotated § 34-40-104(2)(a): An individual with a disability whose earnings or productive capacities are impaired by age, physical or mental deficiency, or injury may be employed at wages that are lower than the minimum wage, provided the wage is related to the individual's productivity.
Utah Code Annotated § 34-40-104(2)(b): The commission may establish and regulate the wages paid or wage scales for an individual with a disability.
Utah Code Annotated § 34-40-104(3): The commission may establish or set a lesser minimum wage for learners not to exceed the first 160 hours of employment.
Utah Code Annotated § 34-40-104(4): (4); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34-40-103
Utah Code Annotated § 34-40-104(4)(a): An employer of a tipped employee shall pay the tipped employee at least the minimum wage established by this chapter.
Utah Code Annotated § 34-40-104(4)(b): (4) In computing a tipped employee's wage under this Subsection
Utah Code Annotated § 34-40-104(4)(b)(i): shall pay the tipped employee at least the cash wage obligation as an hourly wage; and
Utah Code Annotated § 34-40-104(4)(b)(ii): may compute the remainder of the tipped employee's wage using the tips or gratuities the tipped employee actually receives.
Utah Code Annotated § 34-40-104(4)(c): A tipped employee shall retain all tips and gratuities except to the extent that the employee participates in a bona fide tip pooling or sharing arrangement with other tipped employees.
Utah Code Annotated § 34-40-104(4)(d): An employer may allow an employee who is not a tipped employee to participate in a bona fide tip pooling or sharing arrangement with another employee who is not a tipped employee in accordance with the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., and 29 C.F.R. Sec. 531.50 through 531.60.
Utah Code Annotated § 34-40-104(4)(e): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34-40-103 In accordance with


Utah Code Annotated § 34-40-105 Grant of rulemaking authority.
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In accordance with

Utah Code Annotated § 34-40-106 Limitations on minimum wage imposed by cities, towns, or counties.
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Utah Code Annotated § 34-40-106(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.
Utah Code Annotated § 34-40-106(2): (2)(a); (2)(a)
Utah Code Annotated § 34-40-106(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.
Utah Code Annotated § 34-40-106(2)(b): (2)(a) Subsection
Utah Code Annotated § 34-40-106(2)(c): (2)(a) Subsection
Utah Code Annotated § 34-40-106(3): (3); (3)
Utah Code Annotated § 34-40-106(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.
Utah Code Annotated § 34-40-106(3)(b): (3) This Subsection
Utah Code Annotated § 34-40-106(3)(c): (3) This Subsection
Utah Code Annotated § 34-40-106(4): (4)
Utah Code Annotated § 34-40-106(4)(a): The restrictions of this section on a city, town, or county apply to any entity created by the city, town, or county.
Utah Code Annotated § 34-40-106(4)(b): (4) This Subsection


Utah Code Annotated § 34-40-201 Recordkeeping.
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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.

Utah Code Annotated § 34-40-202 Enforcement.
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The division shall enforce this chapter and investigate complaints under this chapter.  The  division may commence administrative proceedings in accordance with

Utah Code Annotated § 34-40-203 Investigation authority.
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Utah Code Annotated § 34-40-203(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.
Utah Code Annotated § 34-40-203(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.


Utah Code Annotated § 34-40-204 Criminal penalty -- Enforcement.
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Utah Code Annotated § 34-40-204(1): As used in this section, "violation" includes separate violations as to individual employees arising out of the same investigation or enforcement action.
Utah Code Annotated § 34-40-204(2): 
Utah Code Annotated § 34-40-204(2)(a): A violation of this chapter is an infraction.
Utah Code Annotated § 34-40-204(2)(b): A second violation of this chapter is a class C misdemeanor.
Utah Code Annotated § 34-40-204(2)(c): A third or subsequent violation of this chapter is a class B misdemeanor.
Utah Code Annotated § 34-40-204(3): Upon an employer's violation of this section, the commission may prosecute a criminal action in the name of the state.
Utah Code Annotated § 34-40-204(4): The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.


Utah Code Annotated § 34-40-205 Civil action allowed.
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Utah Code Annotated § 34-40-205(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.
Utah Code Annotated § 34-40-205(2): 
Utah Code Annotated § 34-40-205(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.
Utah Code Annotated § 34-40-205(2)(b): The court may award court costs and attorney fees to the prevailing party.
Utah Code Annotated § 34-40-205(3): An action brought under this section shall be brought within two years of the alleged violation.


Utah Code Annotated - Title 34 - Chapter 41 - Local Governmental Entity Drug-Free Workplace Policies
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Utah Code Annotated § 34-41-101 Definitions.
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As used in this chapter:Utah Code Annotated § 34-41-101(1): "Donor" means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or a state institution of higher education.
Utah Code Annotated § 34-41-101(2): "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.
Utah Code Annotated § 34-41-101(3): "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.
Utah Code Annotated § 34-41-101(4): "Local governmental employee" means any person or officer in the service of a local governmental entity or state institution of higher education for compensation.
Utah Code Annotated § 34-41-101(5): 63A-17-1001; 63A-17-1006
Utah Code Annotated § 34-41-101(5)(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.
Utah Code Annotated § 34-41-101(5)(b): 63A-17-1001; 63A-17-1006 "Local governmental entity" does not mean Utah state government or its administrative subdivisions provided for in Sections
Utah Code Annotated § 34-41-101(6): "Periodic testing" means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule.
Utah Code Annotated § 34-41-101(7): "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.
Utah Code Annotated § 34-41-101(8): "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.
Utah Code Annotated § 34-41-101(9): "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.
Utah Code Annotated § 34-41-101(10): "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.
Utah Code Annotated § 34-41-101(11): "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.
Utah Code Annotated § 34-41-101(12): "Sample" means urine, blood, breath, saliva, or hair.
Utah Code Annotated § 34-41-101(13): 53B-3-102 "State institution of higher education" means the institution as defined in Section
Utah Code Annotated § 34-41-101(14): "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.


Utah Code Annotated § 34-41-102 Governmental drug-free workplace policies.
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Utah Code Annotated § 34-41-102(1): Any local governmental entity or state institution of higher education may establish workplace policies and procedures designed to:
Utah Code Annotated § 34-41-102(1)(a): educate, counsel, and increase awareness of the dangers of drugs; and
Utah Code Annotated § 34-41-102(1)(b): prohibit and discourage the detrimental use of drugs among its various classes of employees and volunteers.
Utah Code Annotated § 34-41-102(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.
Utah Code Annotated § 34-41-102(3): A drug-free workplace policy may include, but does not require, drug testing under the following circumstances:
Utah Code Annotated § 34-41-102(3)(a): preemployment hiring or volunteer selection procedures;
Utah Code Annotated § 34-41-102(3)(b): postaccident investigations;
Utah Code Annotated § 34-41-102(3)(c): reasonable suspicion situations;
Utah Code Annotated § 34-41-102(3)(d): preannounced periodic testing;
Utah Code Annotated § 34-41-102(3)(e): rehabilitation programs;
Utah Code Annotated § 34-41-102(3)(f): random testing in safety sensitive positions; or
Utah Code Annotated § 34-41-102(3)(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.
Utah Code Annotated § 34-41-102(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.


Utah Code Annotated § 34-41-103 Policy requirements.
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Utah Code Annotated § 34-41-103(1): 
Utah Code Annotated § 34-41-103(1)(a): A local governmental entity or a state institution of higher education may not test a donor for the presence of drugs, unless the local government entity or state institution of higher education:
Utah Code Annotated § 34-41-103(1)(a)(i): adopts a written policy or ordinance for the testing;
Utah Code Annotated § 34-41-103(1)(a)(ii): distributes the policy or ordinance to employees and volunteers; and
Utah Code Annotated § 34-41-103(1)(a)(iii): makes the policy or ordinance available for review by prospective employees and prospective volunteers.
Utah Code Annotated § 34-41-103(1)(b): The local governmental entity or state institution of higher education may only test or retest for the presence of drugs in accordance with the policy or ordinance described in Subsection (1)(a).
Utah Code Annotated § 34-41-103(2): 34-41-104 The local government entity or state institution of higher education:
Utah Code Annotated § 34-41-103(2)(a): 34-41-104 shall collect and test samples in accordance with Section
Utah Code Annotated § 34-41-103(2)(b): if otherwise permitted by law, is not limited only to collecting or testing in circumstances where there are indications of job-related impairment of an employee or volunteer.
Utah Code Annotated § 34-41-103(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 the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.
Utah Code Annotated § 34-41-103(4): A donor who is subject to testing under a policy or ordinance described in Subsection (1)(a) shall:
Utah Code Annotated § 34-41-103(4)(a): submit an oral sample for testing; or
Utah Code Annotated § 34-41-103(4)(b): submit a split urine sample for testing or retesting.
Utah Code Annotated § 34-41-103(5): Unless the policy or ordinance described in Subsection (1)(a) provides otherwise, the local governmental entity or state institution of higher education may specify the type of sample, described in Subsection (4), that the donor is required to submit.
Utah Code Annotated § 34-41-103(6): A split urine sample shall consist of at least 45 milliliters of urine, divided into two specimen bottles with:
Utah Code Annotated § 34-41-103(6)(a): at least 30 milliliters of urine in one bottle, for the initial test; and
Utah Code Annotated § 34-41-103(6)(b): at least 15 milliliters of urine in the other bottle for retesting, if requested under Subsection (7).
Utah Code Annotated § 34-41-103(7): If the test results of a urine or oral test indicate the presence of drugs, the local governmental entity or state institution of higher education shall:
Utah Code Annotated § 34-41-103(7)(a): give notice to the donor:
Utah Code Annotated § 34-41-103(7)(a)(i): of the test results; and
Utah Code Annotated § 34-41-103(7)(a)(ii): for a urine test, that the donor may, within 72 hours after the local government entity or state institution of higher education provides the notice, request testing of the second sample; and
Utah Code Annotated § 34-41-103(7)(b): test the second sample if the donor timely requests testing of the second sample.
Utah Code Annotated § 34-41-103(8): The expense of testing the second urine sample will be equally divided between the donor and the local governmental entity or state institution of higher education.
Utah Code Annotated § 34-41-103(9): 34-41-104 The test results of the samples shall be considered at any subsequent disciplinary hearing if the requirements of this section and Section


Utah Code Annotated § 34-41-104 Requirements for identification, collection, and testing of samples.
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Utah Code Annotated § 34-41-104(1): The local governmental entity or state institution of higher education shall ensure that:
Utah Code Annotated § 34-41-104(1)(a): all sample collection under this chapter is performed by an entity independent of the local government or state institution of higher education;
Utah Code Annotated § 34-41-104(1)(b): all testing for drugs under this chapter is performed by an independent laboratory certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration or the College of American Pathology;
Utah Code Annotated § 34-41-104(1)(c): the instructions, chain of custody forms, and collection kits, including containers and seals, used for sample collection are prepared by an independent laboratory certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration or the College of American Pathology; and
Utah Code Annotated § 34-41-104(1)(d): sample collection and testing for drugs under this chapter is in accordance with the requirements of this section.
Utah Code Annotated § 34-41-104(2): 34-41-103 The local governmental entity or state institution of higher education may:
Utah Code Annotated § 34-41-104(2)(a): 34-41-103 in accordance with a policy or ordinance described in Subsection
Utah Code Annotated § 34-41-104(2)(b): require presentation of reliable identification to the person collecting the samples; and
Utah Code Annotated § 34-41-104(2)(c): in order to dependably test for the presence of drugs, designate the type of sample to be used for testing.
Utah Code Annotated § 34-41-104(3): The local governmental entity or state institution of higher education shall ensure that the local governmental entity's or state institution of higher education's ordinance or policy requires that:
Utah Code Annotated § 34-41-104(3)(a): the collection of samples is performed under reasonable and sanitary conditions;
Utah Code Annotated § 34-41-104(3)(b): samples are collected and tested:
Utah Code Annotated § 34-41-104(3)(b)(i): to ensure the privacy of the individual being tested; and
Utah Code Annotated § 34-41-104(3)(b)(ii): in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples;
Utah Code Annotated § 34-41-104(3)(c): sample collection is appropriately documented to ensure that:
Utah Code Annotated § 34-41-104(3)(c)(i): samples are labeled and sealed to reasonably  preclude the probability of erroneous identification of test results; and
Utah Code Annotated § 34-41-104(3)(c)(ii): a donor has the opportunity to provide notification of any information:
Utah Code Annotated § 34-41-104(3)(c)(ii)(A): that a donor considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information; and
Utah Code Annotated § 34-41-104(3)(c)(ii)(B): in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213;
Utah Code Annotated § 34-41-104(3)(d): sample collection, storage, and transportation to the place of testing are performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration; and
Utah Code Annotated § 34-41-104(3)(e): sample testing conforms to scientifically accepted analytical methods and procedures.
Utah Code Annotated § 34-41-104(4): 34-41-105; 34-41-103 Before the result of any test may be used as a basis for any action by a local governmental entity or state institution of higher education under Section
Utah Code Annotated § 34-41-104(4)(a): verify or confirm any positive initial screening test by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical methods; and
Utah Code Annotated § 34-41-104(4)(b): 34-41-103 provide the notice described in Subsection
Utah Code Annotated § 34-41-104(5): Any drug testing by a local governmental entity or state institution of higher education shall occur during or immediately after the regular work period of the employee or volunteer and shall be considered as work time for purposes of compensation and benefits.
Utah Code Annotated § 34-41-104(6): 34-41-103 The local governmental entity or state institution of higher education shall pay all costs of sample collection and initial testing for drugs required under the policy or ordinance described in Subsection


Utah Code Annotated § 34-41-105 Rehabilitative and disciplinary actions.
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Utah Code Annotated § 34-41-105(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.
Utah Code Annotated § 34-41-105(2): (1) If the conditions required by Subsection
Utah Code Annotated § 34-41-105(2)(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;
Utah Code Annotated § 34-41-105(2)(b): suspend the employee with or without pay for a period of time;
Utah Code Annotated § 34-41-105(2)(c): terminate the employment or voluntary services;
Utah Code Annotated § 34-41-105(2)(d): refuse to hire a prospective employee or use the services of a volunteer; and
Utah Code Annotated § 34-41-105(2)(e): impose disciplinary measures in conformance with the usual procedures, including employment contracts of the local governmental entity or state institution of higher education.


Utah Code Annotated § 34-41-106 Employee not a person with a disability.
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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:Utah Code Annotated § 34-41-106(1): Title 34A, Chapter 5, Utah Antidiscrimination Act
Utah Code Annotated § 34-41-106(2): the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 through 12213.


Utah Code Annotated § 34-41-107 No physician-patient relationship created.
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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.

Utah Code Annotated - Title 34 - Chapter 42 - Employer Reference Immunity
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Utah Code Annotated § 34-42-1 Employer references -- Civil liability -- Rebuttable presumption -- Common law.
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Utah Code Annotated § 34-42-1(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.
Utah Code Annotated § 34-42-1(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.
Utah Code Annotated § 34-42-1(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.
Utah Code Annotated § 34-42-1(4): For purposes of this section "actual malice" means knowledge that the information was false or reckless disregard of whether the information was false.
Utah Code Annotated § 34-42-1(5): This section does not alter any privileges that exist under common law.


Utah Code Annotated - Title 34 - Chapter 43 - Disaster Service Volunteer Leave Act
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Utah Code Annotated § 34-43-101 Title.
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This chapter is known as the "Disaster Service Volunteer Leave Act."

Utah Code Annotated § 34-43-102 Definitions.
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As used in this chapter:Utah Code Annotated § 34-43-102(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.
Utah Code Annotated § 34-43-102(2): "Disaster" means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures.
Utah Code Annotated § 34-43-102(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.


Utah Code Annotated § 34-43-103 Leave of absence -- Request for leave -- Approval by agency.
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Utah Code Annotated § 34-43-103(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.
Utah Code Annotated § 34-43-103(2): (1) An employee of a state agency requesting leave under this chapter shall file a written request with the employing state agency which includes:
Utah Code Annotated § 34-43-103(2)(a): the anticipated duration of the leave of absence;
Utah Code Annotated § 34-43-103(2)(b): (1) the type of service the employee is to provide on behalf of the disaster relief organization described in Subsection
Utah Code Annotated § 34-43-103(2)(c): the nature and location of the disaster where the employee's services will be provided; and
Utah Code Annotated § 34-43-103(2)(d): a copy of the written request for the employee's services from an official of the disaster relief organization.
Utah Code Annotated § 34-43-103(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.


Utah Code Annotated - Title 34 - Chapter 44 - Sales Representative Commission Payment Act
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Utah Code Annotated § 34-44-101 Title.
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This chapter is known as the "Sales Representative Commission Payment Act."

Utah Code Annotated § 34-44-102 Definitions.
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As used in this chapter:Utah Code Annotated § 34-44-102(1): "Business relationship" means an agreement that governs the relationship of principal and sales representative.
Utah Code Annotated § 34-44-102(2): "Commission" means:
Utah Code Annotated § 34-44-102(2)(a): compensation:
Utah Code Annotated § 34-44-102(2)(a)(i): that accrues to a sales representative;
Utah Code Annotated § 34-44-102(2)(a)(ii): for payment by a principal; and
Utah Code Annotated § 34-44-102(2)(a)(iii): at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
Utah Code Annotated § 34-44-102(2)(b): any other method of compensation agreed to between a sales representative and a principal including:
Utah Code Annotated § 34-44-102(2)(b)(i): fees for services; and
Utah Code Annotated § 34-44-102(2)(b)(ii): a retainer.
Utah Code Annotated § 34-44-102(3): (3)
Utah Code Annotated § 34-44-102(3)(a): "Direct sales company" means a person that:
Utah Code Annotated § 34-44-102(3)(a)(i): sells, distributes, or supplies for consideration a good or service through participants:
Utah Code Annotated § 34-44-102(3)(a)(i)(A): at different levels of distribution; or
Utah Code Annotated § 34-44-102(3)(a)(i)(B): in accordance with a formula for compensating participants in whole or in part based on:
Utah Code Annotated § 34-44-102(3)(a)(i)(B)(I): the sale of a good or service; and
Utah Code Annotated § 34-44-102(3)(a)(i)(B)(II): the recruitment of or the performance or action of another participant; and
Utah Code Annotated § 34-44-102(3)(a)(ii): 
Utah Code Annotated § 34-44-102(3)(a)(ii)(A): permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or
Utah Code Annotated § 34-44-102(3)(a)(ii)(B): provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:
Utah Code Annotated § 34-44-102(3)(a)(ii)(B)(I): the sale of a good or service; or
Utah Code Annotated § 34-44-102(3)(a)(ii)(B)(II): the recruitment of or the performance or action of another participant.
Utah Code Annotated § 34-44-102(3)(b): (3) As used in this Subsection
Utah Code Annotated § 34-44-102(4): (4)(a) "Principal" means a person who:
Utah Code Annotated § 34-44-102(4)(a): engages in any of the following activities with regard to a product or service:
Utah Code Annotated § 34-44-102(4)(a)(i): manufactures;
Utah Code Annotated § 34-44-102(4)(a)(ii): produces;
Utah Code Annotated § 34-44-102(4)(a)(iii): imports;
Utah Code Annotated § 34-44-102(4)(a)(iv): sells; or
Utah Code Annotated § 34-44-102(4)(a)(v): distributes;
Utah Code Annotated § 34-44-102(4)(b): (4)(a) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection
Utah Code Annotated § 34-44-102(4)(c): agrees to compensate a sales representative, in whole or in part, by commission.
Utah Code Annotated § 34-44-102(5): (5)(b); (4)(a); Title 31A, Insurance Code; Title 41, Chapter 3, Part 2, Licensing; Title 61, Chapter 2f, Real Estate Licensing and Practices Act
Utah Code Annotated § 34-44-102(5)(a): (5)(b); (4)(a) Except as provided in Subsection
Utah Code Annotated § 34-44-102(5)(a)(i): (4)(a) to solicit orders for a product or a service described in Subsection
Utah Code Annotated § 34-44-102(5)(a)(ii): under which the person is compensated, in whole or in part, by commission.
Utah Code Annotated § 34-44-102(5)(b): Title 31A, Insurance Code; Title 41, Chapter 3, Part 2, Licensing; Title 61, Chapter 2f, Real Estate Licensing and Practices Act "Sales representative" does not include:
Utah Code Annotated § 34-44-102(5)(b)(i): an employee of a principal;
Utah Code Annotated § 34-44-102(5)(b)(ii): Title 31A, Insurance Code a person licensed under
Utah Code Annotated § 34-44-102(5)(b)(iii): Title 41, Chapter 3, Part 2, Licensing a person licensed under
Utah Code Annotated § 34-44-102(5)(b)(iv): Title 61, Chapter 2f, Real Estate Licensing and Practices Act a person licensed under
Utah Code Annotated § 34-44-102(5)(b)(v): a person who provides a product or service under a business relationship with a principal that is incident to the purchase or sale of real property;
Utah Code Annotated § 34-44-102(5)(b)(vi): a person who places an order or purchases a product or service for that person's own account for resale; or
Utah Code Annotated § 34-44-102(5)(b)(vii): an independent agent, contractor, or distributor through whom a direct sales company supplies for consideration a good or service.
Utah Code Annotated § 34-44-102(6): "Terminates" or "termination" means the end of a business relationship between a sales representative and a principal, whether by:
Utah Code Annotated § 34-44-102(6)(a): agreement;
Utah Code Annotated § 34-44-102(6)(b): expiration of a time period; or
Utah Code Annotated § 34-44-102(6)(c): exercise of a right of termination by either the principal or the sales representative.


Utah Code Annotated § 34-44-103 Jurisdiction in courts.
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An action under this chapter may be brought against a principal in a court of this state if:Utah Code Annotated § 34-44-103(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
Utah Code Annotated § 34-44-103(2): 
Utah Code Annotated § 34-44-103(2)(a): a product of the principal is:
Utah Code Annotated § 34-44-103(2)(a)(i): manufactured, distributed, sold, or received in this state; or
Utah Code Annotated § 34-44-103(2)(a)(ii): imported to or from this state; or
Utah Code Annotated § 34-44-103(2)(b): a service of the principal is provided in this state.


Utah Code Annotated § 34-44-104 Void provisions.
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Any of the following provisions in an agreement between a sales representative and a principal is void:Utah Code Annotated § 34-44-104(1): an express waiver of any right under this chapter;
Utah Code Annotated § 34-44-104(2): 34-44-201 for a writing required by Section
Utah Code Annotated § 34-44-104(3): a requirement that the sales representative pursue a claim under this chapter in a court not located in the state.


Utah Code Annotated § 34-44-201 Written business relationship.
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Utah Code Annotated § 34-44-201(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.
Utah Code Annotated § 34-44-201(2): (1) The writing required by Subsection
Utah Code Annotated § 34-44-201(2)(a): computed; and
Utah Code Annotated § 34-44-201(2)(b): paid.
Utah Code Annotated § 34-44-201(3): (1) The principal shall provide the sales representative with a copy of the signed writing required by Subsection


Utah Code Annotated § 34-44-202 Payment of commission -- Payment on termination -- Settlement.
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Utah Code Annotated § 34-44-202(1): 34-44-201 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
Utah Code Annotated § 34-44-202(2): If a business relationship between a principal and sales representative terminates, the principal shall pay to the sales representative:
Utah Code Annotated § 34-44-202(2)(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
Utah Code Annotated § 34-44-202(2)(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.
Utah Code Annotated § 34-44-202(3): 
Utah Code Annotated § 34-44-202(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.
Utah Code Annotated § 34-44-202(3)(b): A full release of all commission claims required by a principal as a condition to a partial commission payment is void.


Utah Code Annotated § 34-44-203 Revocable offer of commission.
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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:Utah Code Annotated § 34-44-203(1): the principal revokes the offer of commission;
Utah Code Annotated § 34-44-203(2): the sales representative establishes that the revocation is for a purpose of avoiding payment of the commission;
Utah Code Annotated § 34-44-203(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
Utah Code Annotated § 34-44-203(4): the principal's product or service that is the subject of the order is provided to and paid for by a customer.


Utah Code Annotated § 34-44-301 Failure to pay commission.
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Utah Code Annotated § 34-44-301(1): 34-44-202(1); (2) 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:
Utah Code Annotated § 34-44-301(1)(a): any provision of an agreement relating to the payment of commission; or
Utah Code Annotated § 34-44-301(1)(b): 34-44-202(1); (2) Subsection
Utah Code Annotated § 34-44-301(2): (1); (2)(a)(i) If a principal is found liable under Subsection
Utah Code Annotated § 34-44-301(2)(a): (2)(a)(i) three times an amount calculated by:
Utah Code Annotated § 34-44-301(2)(a)(i): determining the sum of unpaid commission owed to the sales representative; and
Utah Code Annotated § 34-44-301(2)(a)(ii): (2)(a)(i) subtracting from the amount determined under Subsection
Utah Code Annotated § 34-44-301(2)(b): reasonable attorney fees; and
Utah Code Annotated § 34-44-301(2)(c): court costs.


Utah Code Annotated § 34-44-302 Other remedies.
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This chapter does not:Utah Code Annotated § 34-44-302(1): invalidate or restrict any alternative or additional right or remedy available to a sales representative; or
Utah Code Annotated § 34-44-302(2): preclude a sales representative from seeking to recover in an action on all claims against a principal.


Utah Code Annotated - Title 34 - Chapter 45 - Protection of Activities in Private Vehicles
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Utah Code Annotated § 34-45-101 Title.
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This chapter is known as "Protection of Activities in Private Vehicles."

Utah Code Annotated § 34-45-102 Definitions.
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As used in this chapter:Utah Code Annotated § 34-45-102(1): 76-10-501 "Firearm" has the same meaning as provided in Section
Utah Code Annotated § 34-45-102(2): 41-1a-102 "Motor vehicle" has the same meaning as provided in Section
Utah Code Annotated § 34-45-102(3): "Person" means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity.


Utah Code Annotated § 34-45-103 Protection of certain activities -- Firearms -- Free exercise of religion.
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Utah Code Annotated § 34-45-103(1): (2) Except as provided in Subsection
Utah Code Annotated § 34-45-103(1)(a): prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
Utah Code Annotated § 34-45-103(1)(a)(i): the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
Utah Code Annotated § 34-45-103(1)(a)(ii): the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
Utah Code Annotated § 34-45-103(1)(a)(iii): the firearm is not in plain view from the outside of the motor vehicle; or
Utah Code Annotated § 34-45-103(1)(b): prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion.
Utah Code Annotated § 34-45-103(2): 34-45-107(5) A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:
Utah Code Annotated § 34-45-103(2)(a): the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:
Utah Code Annotated § 34-45-103(2)(a)(i): alternative parking for an individual who desires to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle that:
Utah Code Annotated § 34-45-103(2)(a)(i)(A): imposes no additional cost on the individual; and
Utah Code Annotated § 34-45-103(2)(a)(i)(B): is in a location that is legal and safe for parking; or
Utah Code Annotated § 34-45-103(2)(a)(ii): a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area; or
Utah Code Annotated § 34-45-103(2)(b): 34-45-107(5) the person complies with Subsection


Utah Code Annotated § 34-45-104 Protection from liability.
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A person that owns or controls a parking area that is subject to this chapter and that complies with the requirements of Section

Utah Code Annotated § 34-45-105 Cause of action for noncompliance -- Remedies.
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Utah Code Annotated § 34-45-105(1): 34-45-103; 34-45-103 An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by Section
Utah Code Annotated § 34-45-105(2): 34-45-103; 34-45-103; 34-45-103 Any individual who asserts a claim under this section is entitled to request:
Utah Code Annotated § 34-45-105(2)(a): declaratory relief;
Utah Code Annotated § 34-45-105(2)(b): temporary or permanent injunctive relief to prevent the threatened or continued violation;
Utah Code Annotated § 34-45-105(2)(c): recovery for actual damages sustained; and
Utah Code Annotated § 34-45-105(2)(d): 34-45-103; 34-45-103; 34-45-103 punitive damages, if:
Utah Code Annotated § 34-45-105(2)(d)(i): 34-45-103 serious bodily injury or death occurs as a result of the violation of Section
Utah Code Annotated § 34-45-105(2)(d)(ii): 34-45-103; 34-45-103 the person who violates Section
Utah Code Annotated § 34-45-105(3): The prevailing party in an action brought under this chapter may recover its court costs and reasonable attorney fees incurred.
Utah Code Annotated § 34-45-105(4): Title 34A, Chapter 2, Workers' Compensation Act Nothing in this chapter shall be construed or held to affect any rights or claims made in relation to


Utah Code Annotated § 34-45-106 Enforcement by attorney general.
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Utah Code Annotated § 34-45-106(1): 34-45-105 The attorney general may bring an action to enforce this chapter and may request any relief that is provided for under Section
Utah Code Annotated § 34-45-106(2): Upon entry of final judgment for a cause of action brought under this section, the court may award restitution, when appropriate, to any individual suffering loss because of a violation of this chapter if proof of loss is submitted to the satisfaction of the court.


Utah Code Annotated § 34-45-107 Exemptions -- Limitations on chapter -- School premises -- Government entities -- Religious organizations -- Single family detached residential units.
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Utah Code Annotated § 34-45-107(1): 76-3-203.2(1); 76-10-505.5
Utah Code Annotated § 34-45-107(1)(a): 76-3-203.2(1) School premises, as defined in Subsection
Utah Code Annotated § 34-45-107(1)(b): 76-10-505.5 Possession of a firearm on or about school premises is subject to the provisions of Section
Utah Code Annotated § 34-45-107(2): Title 53, Chapter 5a, Firearm Laws Government entities, including a local authority or state entity, are subject to the requirements of
Utah Code Annotated § 34-45-107(3): Religious organizations, including religious organizations acting as an employer, are exempt from, and are not subject to the provisions of this chapter.
Utah Code Annotated § 34-45-107(4): Owner-occupied single family detached residential units and tenant-occupied single family detached residential units are exempt from the provisions of this chapter.
Utah Code Annotated § 34-45-107(5): 34-45-103; 34-45-103(2)(a) A person who is subject to federal law that specifically forbids the presence of a firearm on property designated for motor vehicle parking, or a person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt from Section
Utah Code Annotated § 34-45-107(5)(a): 34-45-103(2)(a) providing alternative parking or a storage location under Subsection
Utah Code Annotated § 34-45-107(5)(b): the person files a statement with the attorney general citing the federal law that forbids the presence of a firearm and detailing the reasons why providing alternative parking or a storage location poses an undue burden.
Utah Code Annotated § 34-45-107(6): 34-45-103(2)(a); (6)(a); (b) A person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section is exempt from this chapter if:
Utah Code Annotated § 34-45-107(6)(a): 34-45-103(2)(a) the person has attempted to provide alternative parking or a storage location in accordance with Subsection
Utah Code Annotated § 34-45-107(6)(b): the secretary of the federal Department of Homeland Security notifies the person that the provision of alternative parking or a storage location causes the person to be out of compliance with Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section and the person may be subject to punitive measures; and
Utah Code Annotated § 34-45-107(6)(c): (6)(a); (b) the person files a detailed statement with the attorney general notifying the attorney general of the facts under Subsections


Utah Code Annotated - Title 34 - Chapter 46 - Employment Selection Procedures Act
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Utah Code Annotated § 34-46-101 Title.
--------------------------------------
This chapter is known as the "Employment Selection Procedures Act."

Utah Code Annotated § 34-46-102 Definitions.
--------------------------------------------
Utah Code Annotated § 34-46-102(1): "Applicant" means an individual that provides information to an employer for the purpose of obtaining employment.
Utah Code Annotated § 34-46-102(2): "Division" means the Labor Commission's Division of Antidiscrimination and Labor.
Utah Code Annotated § 34-46-102(3): "Employer" means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year.
Utah Code Annotated § 34-46-102(4): "Employment selection process" means the process by which an employer selects an individual to be an employee for the employer.
Utah Code Annotated § 34-46-102(5): "Initial selection process" means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying.
Utah Code Annotated § 34-46-102(6): "Record" means information that is:
Utah Code Annotated § 34-46-102(6)(a): inscribed on a tangible medium; or
Utah Code Annotated § 34-46-102(6)(b): 
Utah Code Annotated § 34-46-102(6)(b)(i): received or stored in an electronic or other medium; and
Utah Code Annotated § 34-46-102(6)(b)(ii): retrievable in perceivable form.


Utah Code Annotated § 34-46-201 Information collected.
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Utah Code Annotated § 34-46-201(1): (2) Except as provided in Subsection
Utah Code Annotated § 34-46-201(1)(a): Social Security number;
Utah Code Annotated § 34-46-201(1)(b): date of birth; or
Utah Code Annotated § 34-46-201(1)(c): driver license number.
Utah Code Annotated § 34-46-201(2): (1); 53-3-104; 53-3-420; (3); (2)(b) An employer may request the information listed in Subsection
Utah Code Annotated § 34-46-201(2)(a): the request for information is applicable to any applicant applying for the position for which the applicant is applying;
Utah Code Annotated § 34-46-201(2)(b): 53-3-104; 53-3-420; (3) the information is requested during the time in the employer's employment selection process when the employer:
Utah Code Annotated § 34-46-201(2)(b)(i): obtains a criminal background check;
Utah Code Annotated § 34-46-201(2)(b)(ii): obtains a credit history of an applicant for employment, subject to the requirements of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq.;
Utah Code Annotated § 34-46-201(2)(b)(iii): 53-3-104; 53-3-420 obtains a driving record of a driver from the Driver License Division in accordance with Section
Utah Code Annotated § 34-46-201(2)(b)(iv): (3) subject to Subsection
Utah Code Annotated § 34-46-201(2)(b)(iv)(A): the applicant was previously employed by the employer; or
Utah Code Annotated § 34-46-201(2)(b)(iv)(B): the applicant previously applied for employment with the employer; or
Utah Code Annotated § 34-46-201(2)(b)(v): collects the information to provide it to a government entity for the purpose of:
Utah Code Annotated § 34-46-201(2)(b)(v)(A): determining eligibility for a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; or
Utah Code Annotated § 34-46-201(2)(b)(v)(B): participating in a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; and
Utah Code Annotated § 34-46-201(2)(c): (2)(b) the applicant consents to the employer taking the action described in Subsection
Utah Code Annotated § 34-46-201(3): (1); (2)(b)(iv); (1) If the information listed in Subsection
Utah Code Annotated § 34-46-201(4): (2); (1); (2)(b) An employer violates this section if pursuant to Subsection


Utah Code Annotated § 34-46-202 Use of information collected in initial selection process.
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Utah Code Annotated § 34-46-202(1): (2); (1)
Utah Code Annotated § 34-46-202(1)(a): (2) An employer may not:
Utah Code Annotated § 34-46-202(1)(a)(i): use information about an applicant obtained through an initial selection process for a purpose other than to determine whether or not the employer will hire the applicant as an employee; or
Utah Code Annotated § 34-46-202(1)(a)(ii): (2) except as provided in Subsection
Utah Code Annotated § 34-46-202(1)(b): (1) A use prohibited under this Subsection
Utah Code Annotated § 34-46-202(1)(b)(i): marketing;
Utah Code Annotated § 34-46-202(1)(b)(ii): profiling;
Utah Code Annotated § 34-46-202(1)(b)(iii): reselling of the information; or
Utah Code Annotated § 34-46-202(1)(b)(iv): a similar use.
Utah Code Annotated § 34-46-202(2): Notwithstanding the other provisions of this section, an employer may provide information:
Utah Code Annotated § 34-46-202(2)(a): as required by law;
Utah Code Annotated § 34-46-202(2)(b): to a government entity for the purpose of:
Utah Code Annotated § 34-46-202(2)(b)(i): determining eligibility for a government service, benefit, or program; or
Utah Code Annotated § 34-46-202(2)(b)(ii): participating in a government service, benefit, or program;
Utah Code Annotated § 34-46-202(2)(c): if the applicant applies for another position with the employer; or
Utah Code Annotated § 34-46-202(2)(d): if the applicant becomes an employee and the information is used for one or more of the following, that is also applied to other employees in a similar position:
Utah Code Annotated § 34-46-202(2)(d)(i): a performance review; or
Utah Code Annotated § 34-46-202(2)(d)(ii): a promotion application.


Utah Code Annotated § 34-46-203 Retention of information collected during an initial selection process.
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Utah Code Annotated § 34-46-203(1): (2); (1)(a) Subject to Subsection
Utah Code Annotated § 34-46-203(1)(a): maintain a specific policy regarding the retention, disposition, access, and confidentiality of the information; and
Utah Code Annotated § 34-46-203(1)(b): (1)(a) if an applicant requests to see the policy described in Subsection
Utah Code Annotated § 34-46-203(2): (1) Except to the extent required by law, an employer may not retain the information described in Subsection


Utah Code Annotated § 34-46-301 Investigations -- Complaints -- Sanctions -- Rulemaking.
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Utah Code Annotated § 34-46-301(1): The division may investigate an alleged violation of this chapter.
Utah Code Annotated § 34-46-301(2): (2)(a); Title 63G, Chapter 4, Administrative Procedures Act
Utah Code Annotated § 34-46-301(2)(a): An individual claiming to be aggrieved by an action of an employer in violation of this chapter may file with the division a request for agency action.
Utah Code Annotated § 34-46-301(2)(b): (2)(a); Title 63G, Chapter 4, Administrative Procedures Act On receipt of a request for agency action under Subsection
Utah Code Annotated § 34-46-301(2)(b)(i): Title 63G, Chapter 4, Administrative Procedures Act shall conduct an adjudicative proceeding pursuant to
Utah Code Annotated § 34-46-301(2)(b)(ii): may attempt to reach a settlement between the parties through a settlement conference.
Utah Code Annotated § 34-46-301(3): (3)(a)(i); (ii)
Utah Code Annotated § 34-46-301(3)(a): (3)(a)(i); (ii) If the division determines that a violation has occurred, the division may order that the employer:
Utah Code Annotated § 34-46-301(3)(a)(i): cease and desist the action;
Utah Code Annotated § 34-46-301(3)(a)(ii): pay a fine to the division of up to $500 for a violation, regardless of the number of applicants affected by the violation; or
Utah Code Annotated § 34-46-301(3)(a)(iii): (3)(a)(i); (ii) comply with a combination of Subsections
Utah Code Annotated § 34-46-301(3)(b): Money received under this section shall be deposited as a dedicated credit to the division to pay for the costs of administering this chapter.
Utah Code Annotated § 34-46-301(4): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34-46-102 The commission may make rules in accordance with
Utah Code Annotated § 34-46-301(4)(a): the process to file a written complaint with the division; and
Utah Code Annotated § 34-46-301(4)(b): 34-46-102 the terms defined in Section


Utah Code Annotated § 34-46-302 Inspection of records by division.
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Utah Code Annotated § 34-46-302(1): 34-46-301 A representative of the division may enter a place of employment during business hours to inspect a record as part of an investigation described in Section
Utah Code Annotated § 34-46-302(2): 34-46-301 An effort of an employer to obstruct the division in the performance of its duties under this section is a violation of this chapter and subject to sanctions under Section


Utah Code Annotated - Title 34 - Chapter 47 - Worker Classification Coordinated Enforcement Act
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Utah Code Annotated § 34-47-101 Title.
--------------------------------------
This chapter is known as the "Worker Classification Coordinated Enforcement Act."

Utah Code Annotated § 34-47-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-47-102(1): "Commission" means the Labor Commission.
Utah Code Annotated § 34-47-102(2): "Commissioner" means the commissioner of the Labor Commission.
Utah Code Annotated § 34-47-102(3): 34-47-201 "Council" means the Worker Classification Coordinated Enforcement Council created in Section
Utah Code Annotated § 34-47-102(4): "Member agency" means an agency that is represented on the council.
Utah Code Annotated § 34-47-102(5): "Misclassification" means to classify an individual as something other than an employee, if under the relevant law the individual is required to be classified as an employee.


Utah Code Annotated § 34-47-201 Creation.
-----------------------------------------
Utah Code Annotated § 34-47-201(1): 
Utah Code Annotated § 34-47-201(1)(a): There is created within the commission the Worker Classification Coordinated Enforcement Council consisting of the following four members:
Utah Code Annotated § 34-47-201(1)(a)(i): the commissioner, or the commissioner's designee;
Utah Code Annotated § 34-47-201(1)(a)(ii): the executive director of the Department of Commerce, or the executive director's designee;
Utah Code Annotated § 34-47-201(1)(a)(iii): the executive director of the Department of Workforce Services, or the executive director's designee; and
Utah Code Annotated § 34-47-201(1)(a)(iv): the chair of the State Tax Commission, or the chair's designee.
Utah Code Annotated § 34-47-201(1)(b): The Office of the Attorney General shall work cooperatively with the council.
Utah Code Annotated § 34-47-201(2): The commissioner, or the commissioner's designee, is chair of the council.
Utah Code Annotated § 34-47-201(3): 34-47-202
Utah Code Annotated § 34-47-201(3)(a): A majority of the council members constitutes a quorum.
Utah Code Annotated § 34-47-201(3)(b): A vote of the majority of the council members present when a quorum is present is an action of the council.
Utah Code Annotated § 34-47-201(3)(c): 34-47-202 Subject to Section
Utah Code Annotated § 34-47-201(3)(d): The council may adopt additional procedures or requirements for:
Utah Code Annotated § 34-47-201(3)(d)(i): voting, when there is a tie of the council members;
Utah Code Annotated § 34-47-201(3)(d)(ii): how meetings are to be called; and
Utah Code Annotated § 34-47-201(3)(d)(iii): the frequency of meetings.


Utah Code Annotated § 34-47-202 Duties and powers of the council.
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Utah Code Annotated § 34-47-202(1): The council shall meet at least quarterly with the attorney general or a designee of the attorney general to coordinate regulatory and law enforcement efforts related to misclassification.
Utah Code Annotated § 34-47-202(2): 68-3-14; (2); (2)
Utah Code Annotated § 34-47-202(2)(a): 68-3-14 The council shall submit, in accordance with Section
Utah Code Annotated § 34-47-202(2)(a)(i): the governor; and
Utah Code Annotated § 34-47-202(2)(a)(ii): the Business and Labor Interim Committee.
Utah Code Annotated § 34-47-202(2)(b): (2) The report required by this Subsection
Utah Code Annotated § 34-47-202(2)(b)(i): the nature and extent of misclassification in this state;
Utah Code Annotated § 34-47-202(2)(b)(ii): the results of regulatory and law enforcement efforts related to the council;
Utah Code Annotated § 34-47-202(2)(b)(iii): the status of sharing information by member agencies; and
Utah Code Annotated § 34-47-202(2)(b)(iv): recommended legislative changes, if any.
Utah Code Annotated § 34-47-202(2)(c): (2) As part of the report required by this Subsection
Utah Code Annotated § 34-47-202(2)(c)(i): the attorney general; and
Utah Code Annotated § 34-47-202(2)(c)(ii): each member agency.
Utah Code Annotated § 34-47-202(3): The council may study:
Utah Code Annotated § 34-47-202(3)(a): how to reduce costs to the state resulting from misclassification;
Utah Code Annotated § 34-47-202(3)(b): how to extend outreach and education efforts regarding the nature and requirements of classifying an individual;
Utah Code Annotated § 34-47-202(3)(c): how to promote efficient and effective information sharing amongst the member agencies; and
Utah Code Annotated § 34-47-202(3)(d): the need, if any, to create by statute a database or other method to facilitate sharing of information related to misclassification.
Utah Code Annotated § 34-47-202(4): A member agency shall cooperate with the commission and council to provide information related to misclassification to the extent that:
Utah Code Annotated § 34-47-202(4)(a): the information is public information; or
Utah Code Annotated § 34-47-202(4)(b): providing the information is otherwise permitted by law other than this chapter.
Utah Code Annotated § 34-47-202(5): Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act; (5)(a)
Utah Code Annotated § 34-47-202(5)(a): Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act A record provided to the commission or council under this chapter is a protected record under
Utah Code Annotated § 34-47-202(5)(b): (5)(a) Notwithstanding Subsection
Utah Code Annotated § 34-47-202(5)(b)(i): necessary to take an administrative action by a member agency;
Utah Code Annotated § 34-47-202(5)(b)(ii): necessary to prosecute a criminal act; or
Utah Code Annotated § 34-47-202(5)(b)(iii): that the record is:
Utah Code Annotated § 34-47-202(5)(b)(iii)(A): obtainable from a source other than the member agency that provides the record to the commission or council; or
Utah Code Annotated § 34-47-202(5)(b)(iii)(B): public information or permitted to be disclosed by a law other than this chapter.


Utah Code Annotated - Title 34 - Chapter 48 - Internet Employment Privacy Act
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Utah Code Annotated § 34-48-101 Title.
--------------------------------------
This chapter is known as the "Internet Employment Privacy Act."

Utah Code Annotated § 34-48-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-48-102(1): "Adverse action" means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges.
Utah Code Annotated § 34-48-102(2): "Employer" means a person, including the state or a political subdivision of the state, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
Utah Code Annotated § 34-48-102(3): 53-1-102 "Law enforcement agency" is as defined in Section
Utah Code Annotated § 34-48-102(4): 
Utah Code Annotated § 34-48-102(4)(a): "Personal Internet account" means an online account that is used by an employee or applicant exclusively for personal communications unrelated to any business purpose of the employer.
Utah Code Annotated § 34-48-102(4)(b): "Personal Internet account" does not include an account created, maintained, used, or accessed by an employee or applicant for business related communications or for a business purpose of the employer.


Utah Code Annotated § 34-48-201 Employer may not request disclosure of information related to personal Internet account.
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An employer may not do any of the following:Utah Code Annotated § 34-48-201(1): request an employee or an applicant for employment to disclose a username and password, or a password that allows access to the employee's or applicant's personal Internet account; or
Utah Code Annotated § 34-48-201(2): (1) take adverse action, fail to hire, or otherwise penalize an employee or applicant for employment for failure to disclose information described in Subsection


Utah Code Annotated § 34-48-202 Permitted actions by an employer.
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Utah Code Annotated § 34-48-202(1): This chapter does not prohibit an employer from doing any of the following:
Utah Code Annotated § 34-48-202(1)(a): requesting or requiring an employee to disclose a username or password required only to gain access to the following:
Utah Code Annotated § 34-48-202(1)(a)(i): an electronic communications device supplied by or paid for in whole or in part by the employer; or
Utah Code Annotated § 34-48-202(1)(a)(ii): an account or service provided by the employer, obtained by virtue of the employee's employment relationship with the employer, and used for the employer's business purposes;
Utah Code Annotated § 34-48-202(1)(b): disciplining or discharging an employee for transferring the employer's proprietary or confidential information or financial data to an employee's personal Internet account without the employer's authorization;
Utah Code Annotated § 34-48-202(1)(c): conducting an investigation or requiring an employee to cooperate in an investigation in any of the following:
Utah Code Annotated § 34-48-202(1)(c)(i): if there is specific information about activity on the employee's personal Internet account, for the purpose of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or
Utah Code Annotated § 34-48-202(1)(c)(ii): if the employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's personal Internet account;
Utah Code Annotated § 34-48-202(1)(d): restricting or prohibiting an employee's access to certain websites while using an electronic communications device supplied by, or paid for in whole or in part by, the employer or while using an employer's network or resources, in accordance with state and federal law; or
Utah Code Annotated § 34-48-202(1)(e): monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device supplied by, or paid for in whole or in part by, the employer, or stored on an employer's network, in accordance with state and federal law.
Utah Code Annotated § 34-48-202(2): (1)(c) Conducting an investigation or requiring an employee to cooperate in an investigation as specified in Subsection
Utah Code Annotated § 34-48-202(3): This chapter does not prohibit or restrict an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications that is established under federal law, by a self-regulatory organization under the Securities and Exchange Act of 1934, 15 U.S.C. Sec. 78c(a)(26), or in the course of a law enforcement employment application or law enforcement officer conduct investigation performed by a law enforcement agency.
Utah Code Annotated § 34-48-202(4): 34-48-201(1) This chapter does not prohibit or restrict an employer from viewing, accessing, or using information about an employee or applicant that can be obtained without the information described in Subsection


Utah Code Annotated § 34-48-203 Chapter does not create duties.
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Utah Code Annotated § 34-48-203(1): This chapter does not create a duty for an employer to search or monitor the activity of a personal Internet account.
Utah Code Annotated § 34-48-203(2): An employer is not liable under this chapter for failure to request or require that an employee or applicant for employment grant access to, allow observation of, or disclose information that allows access to or observation of the employee's or applicant for employment's personal Internet account.


Utah Code Annotated § 34-48-301 Private right of action.
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Utah Code Annotated § 34-48-301(1): A person aggrieved by a violation of this chapter may bring a civil cause of action against an employer in a court of competent jurisdiction.
Utah Code Annotated § 34-48-301(2): (1) In an action brought under Subsection


Utah Code Annotated - Title 34 - Chapter 49 - Nursing Mothers in the Workplace
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Utah Code Annotated § 34-49-101 Title.
--------------------------------------
Utah Code Annotated § 34-49-101(1): This chapter is known as "Nursing Mothers in the Workplace."
Utah Code Annotated § 34-49-101(2): This part is known as "General Provisions."


Utah Code Annotated § 34-49-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-49-102(1): "Public employee" means a person:
Utah Code Annotated § 34-49-102(1)(a): employed by a public employer; and
Utah Code Annotated § 34-49-102(1)(b): who is breastfeeding.
Utah Code Annotated § 34-49-102(2): 53B-2-101 "Public employer" means the following entities:
Utah Code Annotated § 34-49-102(2)(a): a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government;
Utah Code Annotated § 34-49-102(2)(b): a municipality;
Utah Code Annotated § 34-49-102(2)(c): a county;
Utah Code Annotated § 34-49-102(2)(d): a school district; or
Utah Code Annotated § 34-49-102(2)(e): 53B-2-101 an institution of higher education as described in Section


Utah Code Annotated § 34-49-201 Title.
--------------------------------------
This part is known as "Breastfeeding in the Workplace."

Utah Code Annotated § 34-49-202 Reasonable breaks and private room required.
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Utah Code Annotated § 34-49-202(1): (1)(a)
Utah Code Annotated § 34-49-202(1)(a): A public employer shall:
Utah Code Annotated § 34-49-202(1)(a)(i): provide for at least one year after the birth of a public employee's child reasonable breaks for each time the public employee needs to breast feed or express milk; and
Utah Code Annotated § 34-49-202(1)(a)(ii): consult with the public employee to determine the frequency and duration of the breaks.
Utah Code Annotated § 34-49-202(1)(b): (1)(a) A break required under Subsection
Utah Code Annotated § 34-49-202(2): (2)(a); (1)(a)(ii); (2)(a); (2)(a); (b); (2)(c)(i)
Utah Code Annotated § 34-49-202(2)(a): A public employer shall provide for a public employee a room or other location in close proximity to the public employee's work area.
Utah Code Annotated § 34-49-202(2)(b): (2)(a); (1)(a)(ii) The room described in Subsection
Utah Code Annotated § 34-49-202(2)(b)(i): may not be a bathroom or toilet stall; and
Utah Code Annotated § 34-49-202(2)(b)(ii): (1)(a)(ii) shall:
Utah Code Annotated § 34-49-202(2)(b)(ii)(A): be maintained in a clean and sanitary condition;
Utah Code Annotated § 34-49-202(2)(b)(ii)(B): provide privacy shielded from the view of and intrusion from coworkers or the public;
Utah Code Annotated § 34-49-202(2)(b)(ii)(C): (1)(a)(ii) be available at the times and for a duration required by the public employee as determined in consultation with the public employee under Subsection
Utah Code Annotated § 34-49-202(2)(b)(ii)(D): have an electrical outlet.
Utah Code Annotated § 34-49-202(2)(c): (2)(a); (2)(a); (b); (2)(c)(i)
Utah Code Annotated § 34-49-202(2)(c)(i): (2)(a); (2)(a); (b) Notwithstanding Subsection
Utah Code Annotated § 34-49-202(2)(c)(ii): (2)(c)(i) For purposes of Subsection
Utah Code Annotated § 34-49-202(3): (3)(a)
Utah Code Annotated § 34-49-202(3)(a): A public employer shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of the public employee's breast milk.
Utah Code Annotated § 34-49-202(3)(b): (3)(a) Notwithstanding Subsection


Utah Code Annotated § 34-49-203 Policies.
-----------------------------------------
A public employer shall adopt written policies that:Utah Code Annotated § 34-49-203(1): support breastfeeding; and
Utah Code Annotated § 34-49-203(2): 34-49-202 identify the means by which the public employer will comply with Section


Utah Code Annotated § 34-49-204 Discrimination prohibited.
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A public employer may not refuse to hire, promote, discharge, demote, or terminate a person, or may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified because the person breastfeeds or expresses milk in the workplace.

Utah Code Annotated - Title 34 - Chapter 50 - Veterans Preference in Private Employment Act
*******************************************************************************************

Utah Code Annotated § 34-50-101 Title.
--------------------------------------
This chapter is known as the "Veterans Preference in Private Employment Act."

Utah Code Annotated § 34-50-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-50-102(1): 71A-1-201 "Department" means the Department of Veterans and Military Affairs, created in Section
Utah Code Annotated § 34-50-102(2): "Discharge document" means a document received by a service member upon separation from military service, including:
Utah Code Annotated § 34-50-102(2)(a): a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;
Utah Code Annotated § 34-50-102(2)(b): a DD 256, United States Department of Defense Honorable Discharge Certificate;
Utah Code Annotated § 34-50-102(2)(c): a DD 257, United States General Discharge Certificate; or
Utah Code Annotated § 34-50-102(2)(d): an NGB 22, Utah National Guard Certificate of Release or Discharge.
Utah Code Annotated § 34-50-102(3): 71A-2-101 "Preference eligible" means the same as that term is defined in Section
Utah Code Annotated § 34-50-102(4): 63G-12-102 "Private employer" means the same as that term is defined in Section
Utah Code Annotated § 34-50-102(5): "Service member" means a currently serving member of the armed forces.
Utah Code Annotated § 34-50-102(6): 68-3-12.5 "Veteran" means the same as that term is defined in Section


Utah Code Annotated § 34-50-103 Voluntary veterans preference employment policy -- Private employment -- Antidiscrimination requirements.
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Utah Code Annotated § 34-50-103(1): A private sector employer may create a veterans employment preference policy.
Utah Code Annotated § 34-50-103(2): A veterans employment preference policy shall be:
Utah Code Annotated § 34-50-103(2)(a): in writing; and
Utah Code Annotated § 34-50-103(2)(b): applied uniformly to employment decisions regarding hiring, promotion, or retention including during a reduction in force.
Utah Code Annotated § 34-50-103(3): A private employer may require a preference eligible individual to submit a discharge document form or proof of current service in the armed forces to be eligible for the preference. If the applicant is the spouse of a veteran or service member, the employer may require that the spouse submit the veteran's discharge document or proof of current service in the armed forces.
Utah Code Annotated § 34-50-103(4): A private employer's veterans employment preference policy shall be publicly posted by the employer at the place of employment or on the Internet if the employer has a website or uses the Internet to advertise employment opportunities.


Utah Code Annotated § 34-50-104 Antidiscrimination act.
-------------------------------------------------------
The granting of a veterans preference by a private employer in accordance with this chapter is not a violation of:Utah Code Annotated § 34-50-104(1): Title 34A, Chapter 5, Utah Antidiscrimination Act
Utah Code Annotated § 34-50-104(2): any other state or local equal employment opportunity law.


Utah Code Annotated § 34-50-105 Verification of eligibility.
------------------------------------------------------------
The department and the Department of Workforce Services may assist, as permitted under state and federal laws governing privacy, a private employer in verifying if an applicant is:Utah Code Annotated § 34-50-105(1): a veteran or currently serving member of the armed forces; or
Utah Code Annotated § 34-50-105(2): a spouse of a veteran or currently serving member of the armed forces.


Utah Code Annotated - Title 34 - Chapter 51 - Post-employment Restrictions Act
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Utah Code Annotated § 34-51-101 Title.
--------------------------------------
This chapter is known as the "Post-Employment Restrictions Act."

Utah Code Annotated § 34-51-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-51-102(1): "Broadcasting employee" means an employee of a broadcasting company.
Utah Code Annotated § 34-51-102(2): (2)(a) "Broadcasting company" means a person engaged in the business of:
Utah Code Annotated § 34-51-102(2)(a): distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following:
Utah Code Annotated § 34-51-102(2)(a)(i): television;
Utah Code Annotated § 34-51-102(2)(a)(ii): cable; or
Utah Code Annotated § 34-51-102(2)(a)(iii): radio; or
Utah Code Annotated § 34-51-102(2)(b): (2)(a) preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection
Utah Code Annotated § 34-51-102(3): "Exempt broadcasting employee" means a broadcasting employee who is compensated on a salary basis, as defined in 29 C.F.R. Sec. 541.602, at a rate equal to or greater than the greater of:
Utah Code Annotated § 34-51-102(3)(a): $913 per week, or an equivalent amount if calculated for a period longer than one week; or
Utah Code Annotated § 34-51-102(3)(b): the rate at which an employee qualifies as exempt under the Fair Labor Standards Act, 29 U.S.C. Sec. 213(a) on a salary basis as defined in 29 C.F.R. Part 541.
Utah Code Annotated § 34-51-102(4): 
Utah Code Annotated § 34-51-102(4)(a): "Post-employment restrictive covenant," also known as a "covenant not to compete" or "noncompete agreement," means an agreement, written or oral, between an employer and employee under which the employee agrees that the employee, either alone or as an employee of another person, will not compete with the employer in providing products, processes, or services that are similar to the employer's products, processes, or services.
Utah Code Annotated § 34-51-102(4)(b): "Post-employment restrictive covenant" does not include nonsolicitation agreements or nondisclosure or confidentiality agreements.
Utah Code Annotated § 34-51-102(5): "Sale of a business" means a transfer of the ownership by sale, acquisition, merger, or other method of the tangible or intangible assets of a business entity, or a division or segment of the business entity.


Utah Code Annotated § 34-51-201 Post-employment restrictive covenants.
----------------------------------------------------------------------
Utah Code Annotated § 34-51-201(1): (2) Except as provided in Subsection
Utah Code Annotated § 34-51-201(2): (2)(b); (2)(a)
Utah Code Annotated § 34-51-201(2)(a): (2)(b) Subject to Subsection
Utah Code Annotated § 34-51-201(2)(a)(i): the broadcasting employee is an exempt broadcasting employee;
Utah Code Annotated § 34-51-201(2)(a)(ii): the post-employment restrictive covenant is part of a written employment contract of reasonable duration, based on industry standards, the position, the broadcasting employee's experience, geography, and the parties' unique circumstances; and
Utah Code Annotated § 34-51-201(2)(a)(iii): 
Utah Code Annotated § 34-51-201(2)(a)(iii)(A): the broadcasting company terminates the broadcasting employee for cause; or
Utah Code Annotated § 34-51-201(2)(a)(iii)(B): the broadcasting employee breaches the employment contract in a manner that results in the broadcasting employee no longer being employed by the broadcasting company.
Utah Code Annotated § 34-51-201(2)(b): (2)(a) A post-employment restrictive covenant described in Subsection
Utah Code Annotated § 34-51-201(2)(b)(i): one year after the day on which the broadcasting employee is no longer employed by the broadcasting company; or
Utah Code Annotated § 34-51-201(2)(b)(ii): the day on which the original term of the employment contract containing the post-employment restrictive covenant ends.
Utah Code Annotated § 34-51-201(2)(c): A post-employment restrictive covenant between a broadcasting company and a broadcasting employee that does not comply with this subsection is void.


Utah Code Annotated § 34-51-202 Exceptions.
-------------------------------------------
Utah Code Annotated § 34-51-202(1): This chapter does not prohibit a reasonable severance agreement mutually and freely agreed upon in good faith at or after the time of termination that includes a post-employment restrictive covenant. A severance agreement remains subject to any requirements imposed under common law.
Utah Code Annotated § 34-51-202(2): This chapter does not prohibit a post-employment restrictive covenant related to or arising out of the sale of a business, if the individual subject to the restrictive covenant receives value related to the sale of the business.


Utah Code Annotated § 34-51-301 Award of arbitration costs, attorney fees and court costs, and damages.
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If an employer seeks to enforce a post-employment restrictive covenant through arbitration or by filing a civil action and it is determined that the post-employment restrictive covenant is unenforceable, the employer is liable for the employee's:Utah Code Annotated § 34-51-301(1): costs associated with arbitration;
Utah Code Annotated § 34-51-301(2): attorney fees and court costs; and
Utah Code Annotated § 34-51-301(3): actual damages.


Utah Code Annotated - Title 34 - Chapter 52 - Reducing Barriers to Employment for Individuals with Criminal Records
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Utah Code Annotated § 34-52-101 Title.
--------------------------------------
This chapter is known as "Reducing Barriers to Employment for Individuals with Criminal Records."

Utah Code Annotated § 34-52-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-52-102(1): "Applicant" means an individual who provides information to a public employer or private employer for the purpose of obtaining employment.
Utah Code Annotated § 34-52-102(2): 
Utah Code Annotated § 34-52-102(2)(a): "Criminal conviction" means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge.
Utah Code Annotated § 34-52-102(2)(b): "Criminal conviction" does not include an expunged criminal conviction.
Utah Code Annotated § 34-52-102(3): 80-6-306 "Juvenile adjudication" means:
Utah Code Annotated § 34-52-102(3)(a): a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or
Utah Code Annotated § 34-52-102(3)(b): 80-6-306 an admission or plea of no contest under Section
Utah Code Annotated § 34-52-102(4): Title 58, Chapter 60, Mental Health Professional Practice Act; Title 58, Chapter 60, Mental Health Professional Practice Act "Mental health professional applicant" means an individual who:
Utah Code Annotated § 34-52-102(4)(a): Title 58, Chapter 60, Mental Health Professional Practice Act is licensed under
Utah Code Annotated § 34-52-102(4)(b): Title 58, Chapter 60, Mental Health Professional Practice Act provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under
Utah Code Annotated § 34-52-102(5): 
Utah Code Annotated § 34-52-102(5)(a): "Private employer" means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
Utah Code Annotated § 34-52-102(5)(b): "Private employer" does not include a public employer.
Utah Code Annotated § 34-52-102(6): "Public employer" means an employer that is:
Utah Code Annotated § 34-52-102(6)(a): the state or any administrative subunit of the state, including a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government;
Utah Code Annotated § 34-52-102(6)(b): a state institution of higher education; or
Utah Code Annotated § 34-52-102(6)(c): a municipal corporation, county, municipality, school district, special district, special service district, or other political subdivision of the state.


Utah Code Annotated § 34-52-201 Public employer requirements.
-------------------------------------------------------------
Utah Code Annotated § 34-52-201(1): (3); (6) Except as provided in Subsections
Utah Code Annotated § 34-52-201(1)(a): exclude an applicant from an initial interview because of:
Utah Code Annotated § 34-52-201(1)(a)(i): a past criminal conviction or juvenile adjudication; or
Utah Code Annotated § 34-52-201(1)(a)(ii): if the applicant is a mental health professional applicant, an arrest for an offense that occurred before the applicant was 18 years old;
Utah Code Annotated § 34-52-201(1)(b): make an inquiry related to an applicant's expunged criminal or juvenile delinquency history;
Utah Code Annotated § 34-52-201(1)(c): when making a hiring decision regarding a mental health professional applicant, consider:
Utah Code Annotated § 34-52-201(1)(c)(i): an arrest for an offense that occurred before the mental health professional applicant was 18 years old;
Utah Code Annotated § 34-52-201(1)(c)(ii): an arrest not followed by a criminal conviction or juvenile adjudication;
Utah Code Annotated § 34-52-201(1)(c)(iii): a juvenile adjudication; or
Utah Code Annotated § 34-52-201(1)(c)(iv): a past criminal conviction if:
Utah Code Annotated § 34-52-201(1)(c)(iv)(A): the sentence for the criminal conviction is terminated; and
Utah Code Annotated § 34-52-201(1)(c)(iv)(B): the mental health professional applicant was not incarcerated for the past criminal conviction or the mental health professional applicant's incarceration for the past criminal conviction ended at least three years before the day on which the mental health professional applicant applied for employment; or
Utah Code Annotated § 34-52-201(1)(d): deny a mental health professional applicant employment based on a past criminal conviction that does not bear a direct relationship to the mental health professional applicant's ability to safely or competently perform the duties of employment.
Utah Code Annotated § 34-52-201(2): (1) A public employer excludes an applicant from an initial interview under Subsection
Utah Code Annotated § 34-52-201(2)(a): requires an applicant to disclose a criminal conviction or juvenile adjudication:
Utah Code Annotated § 34-52-201(2)(a)(i): on an employment application;
Utah Code Annotated § 34-52-201(2)(a)(ii): before an initial interview; or
Utah Code Annotated § 34-52-201(2)(a)(iii): if no interview is conducted, before making a conditional offer of employment; or
Utah Code Annotated § 34-52-201(2)(b): requires an applicant who is a mental health professional applicant to disclose an arrest for an offense that occurred before the applicant was 18 years old:
Utah Code Annotated § 34-52-201(2)(b)(i): on an employment application;
Utah Code Annotated § 34-52-201(2)(b)(ii): before an initial interview; or
Utah Code Annotated § 34-52-201(2)(b)(iii): if no interview is conducted, before making a conditional offer of employment.
Utah Code Annotated § 34-52-201(3): A public employer may not deny a mental health professional applicant employment that requires the mental health professional applicant to provide substance use treatment based on:
Utah Code Annotated § 34-52-201(3)(a): the mental health professional applicant's participation in substance use treatment; or
Utah Code Annotated § 34-52-201(3)(b): a past criminal conviction for a nonviolent drug offense if:
Utah Code Annotated § 34-52-201(3)(b)(i): the sentence for the criminal conviction is terminated; and
Utah Code Annotated § 34-52-201(3)(b)(ii): 
Utah Code Annotated § 34-52-201(3)(b)(ii)(A): the mental health professional applicant was not incarcerated for the past criminal conviction; or
Utah Code Annotated § 34-52-201(3)(b)(ii)(B): the mental health professional applicant's incarceration for the past criminal conviction ended at least three years before the day on which the mental health professional applicant applied for employment.
Utah Code Annotated § 34-52-201(4): An applicant seeking employment from a public employer may answer a question related to an expunged criminal or juvenile delinquency record as though the action underlying the expunged criminal or juvenile delinquency record never occurred.
Utah Code Annotated § 34-52-201(5): (1); (3) Except as provided in Subsections
Utah Code Annotated § 34-52-201(5)(a): asking an applicant for information about an applicant's criminal conviction or juvenile delinquency history during an initial interview or after an initial interview; or
Utah Code Annotated § 34-52-201(5)(b): considering an applicant's criminal conviction or juvenile delinquency history when making a hiring decision.
Utah Code Annotated § 34-52-201(6): (1); (4); 32B-2-203; 17B-2a-825; (1)(c)(iv); (1)(d); 76-3-203.5; Title 76, Chapter 5, Part 4, Sexual Offenses; Title 76, Chapter 5b, Sexual Exploitation Act; (1)(a)(ii); (1)(c); (1)(d); (3)
Utah Code Annotated § 34-52-201(6)(a): (1); (4); 32B-2-203; 17B-2a-825 Subsections
Utah Code Annotated § 34-52-201(6)(a)(i): if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction or juvenile delinquency history;
Utah Code Annotated § 34-52-201(6)(a)(ii): to a public employer that is a law enforcement agency;
Utah Code Annotated § 34-52-201(6)(a)(iii): to a public employer that is part of the criminal or juvenile justice system;
Utah Code Annotated § 34-52-201(6)(a)(iv): to a public employer seeking a nonemployee volunteer;
Utah Code Annotated § 34-52-201(6)(a)(v): to a public employer that works with children or vulnerable adults;
Utah Code Annotated § 34-52-201(6)(a)(vi): 32B-2-203 to the Department of Alcoholic Beverage Services created in Section
Utah Code Annotated § 34-52-201(6)(a)(vii): to the State Tax Commission;
Utah Code Annotated § 34-52-201(6)(a)(viii): to a public employer whose primary purpose is performing financial or fiduciary functions; or
Utah Code Annotated § 34-52-201(6)(a)(ix): 17B-2a-825 to a public transit district hiring or promoting an individual for a safety sensitive position described in Section
Utah Code Annotated § 34-52-201(6)(b): (1)(c)(iv); (1)(d); 76-3-203.5; Title 76, Chapter 5, Part 4, Sexual Offenses; Title 76, Chapter 5b, Sexual Exploitation Act Subsections
Utah Code Annotated § 34-52-201(6)(b)(i): 76-3-203.5 a violent felony as defined in Section
Utah Code Annotated § 34-52-201(6)(b)(ii): Title 76, Chapter 5, Part 4, Sexual Offenses; Title 76, Chapter 5b, Sexual Exploitation Act a felony related to a criminal sexual act under
Utah Code Annotated § 34-52-201(6)(c): (1)(a)(ii); (1)(c); (1)(d); (3) Subsections


Utah Code Annotated § 34-52-301 Permitted applicant response regarding expunged criminal or juvenile delinquency history.
-------------------------------------------------------------------------------------------------------------------------
An applicant seeking employment from a private employer may answer a question related to an expunged criminal or juvenile delinquency record as though the action underlying the expunged criminal or juvenile delinquency record never occurred.

Utah Code Annotated § 34-52-302 Private employer requirements when hiring a mental health professional.
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Utah Code Annotated § 34-52-302(1): (4) Except as provided in Subsection
Utah Code Annotated § 34-52-302(1)(a): an arrest for an offense that occurred before the mental health professional applicant was 18 years old;
Utah Code Annotated § 34-52-302(1)(b): a juvenile adjudication; or
Utah Code Annotated § 34-52-302(1)(c): an expunged criminal offense.
Utah Code Annotated § 34-52-302(2): (1) A private employer excludes a mental health professional applicant from an initial interview under Subsection
Utah Code Annotated § 34-52-302(2)(a): on an employment application;
Utah Code Annotated § 34-52-302(2)(b): before an initial interview; or
Utah Code Annotated § 34-52-302(2)(c): if no interview is conducted, before making a conditional offer of employment.
Utah Code Annotated § 34-52-302(3): (1); (2) Except as provided in Subsections
Utah Code Annotated § 34-52-302(3)(a): asking a mental health professional applicant for information about the mental health professional applicant's criminal conviction history during an initial interview or after an initial interview; or
Utah Code Annotated § 34-52-302(3)(b): considering a mental health professional applicant's criminal conviction history when making a hiring decision.
Utah Code Annotated § 34-52-302(4): (1); (2) Subsections
Utah Code Annotated § 34-52-302(4)(a): if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction history;
Utah Code Annotated § 34-52-302(4)(b): to a private employer that is part of the criminal or juvenile justice system;
Utah Code Annotated § 34-52-302(4)(c): to a private employer seeking a nonemployee volunteer;
Utah Code Annotated § 34-52-302(4)(d): to a private employer that works with children or vulnerable adults; or
Utah Code Annotated § 34-52-302(4)(e): to a private employer whose primary purpose is performing financial or fiduciary functions.


Utah Code Annotated - Title 34 - Chapter 53 - Service Marketplace Platforms Act
*******************************************************************************

Utah Code Annotated § 34-53-101 Title.
--------------------------------------
This chapter is known as "Service Marketplace Platforms Act."

Utah Code Annotated § 34-53-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-53-102(1): (1)(a); (d) "Building service" means any of the following services, if the charge for the service is $3,000 or less:
Utah Code Annotated § 34-53-102(1)(a): cleaning or janitorial;
Utah Code Annotated § 34-53-102(1)(b): furniture delivery, assembly, moving, or installation;
Utah Code Annotated § 34-53-102(1)(c): landscaping;
Utah Code Annotated § 34-53-102(1)(d): home repair; or
Utah Code Annotated § 34-53-102(1)(e): (1)(a); (d) any service similar to the services described in Subsections
Utah Code Annotated § 34-53-102(2): "Building service contractor" means a person who enters into an agreement with a service marketplace platform to use the service marketplace platform's software platform to connect with and receive requests from customers seeking a building service.
Utah Code Annotated § 34-53-102(3): "Service marketplace platform" means an entity that:
Utah Code Annotated § 34-53-102(3)(a): uses an Internet-connected software platform, including a mobile application:
Utah Code Annotated § 34-53-102(3)(a)(i): to connect building service contractors with customers seeking a building service; and
Utah Code Annotated § 34-53-102(3)(a)(ii): through which a customer may request a building service; and
Utah Code Annotated § 34-53-102(3)(b): charges the building service contractor a fee to use the software platform.


Utah Code Annotated § 34-53-201 Independent contractor presumption.
-------------------------------------------------------------------
Utah Code Annotated § 34-53-201(1): A building service contractor may affiliate with a service marketplace platform as an independent contractor or as an employee.
Utah Code Annotated § 34-53-201(2): (2)(a)
Utah Code Annotated § 34-53-201(2)(a): There is a presumption that a building service contractor who affiliates with a service marketplace platform is an independent contractor, unless there is clear and convincing evidence that the parties intended the building service contractor to be an employee.
Utah Code Annotated § 34-53-201(2)(b): (2)(a) The presumption described in Subsection


Utah Code Annotated - Title 34 - Chapter 53a - Remote Service Marketplace Platforms Act
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Utah Code Annotated § 34-53a-101 Title.
---------------------------------------
This chapter is known as "Remote Service Marketplace Platforms Act."

Utah Code Annotated § 34-53a-102 Definitions.
---------------------------------------------
As used in this chapter:Utah Code Annotated § 34-53a-102(1): "Digital application" means an Internet-connected software application that a person uses to obtain or provide a remote service.
Utah Code Annotated § 34-53a-102(2): "Marketplace company" means a person that:
Utah Code Annotated § 34-53a-102(2)(a): offers a digital application to the public; and
Utah Code Annotated § 34-53a-102(2)(b): accepts requests for remote services exclusively through the person's digital application.
Utah Code Annotated § 34-53a-102(3): 
Utah Code Annotated § 34-53a-102(3)(a): "Remote service" means a service that a person performs remotely through a digital application.
Utah Code Annotated § 34-53a-102(3)(b): "Remote service" includes tutoring, closed captioning, open captioning, subtitling, transcribing, translating, interpreting, and conducting a language assessment remotely through a digital application.
Utah Code Annotated § 34-53a-102(4): "Remote-service contractor" means a person who uses a marketplace company's digital application to provide a remote service to another person.


Utah Code Annotated § 34-53a-201 Conditions under which a remote-service contractor is not an employee of a marketplace company.
--------------------------------------------------------------------------------------------------------------------------------
Utah Code Annotated § 34-53a-201(1): A remote-service contractor is not an employee of a marketplace company, if under the agreement between the remote-service contractor and the marketplace company and in fact:
Utah Code Annotated § 34-53a-201(1)(a): all or substantially all of the work the remote-service contractor performs under the agreement:
Utah Code Annotated § 34-53a-201(1)(a)(i): is on a per-job or per-transaction basis; and
Utah Code Annotated § 34-53a-201(1)(a)(ii): the remote-service contractor receives payment for on an hourly, per-job, or per-transaction basis;
Utah Code Annotated § 34-53a-201(1)(b): the marketplace company does not:
Utah Code Annotated § 34-53a-201(1)(b)(i): prescribe specific hours during which the remote-service contractor must be available to accept a request for remote service;
Utah Code Annotated § 34-53a-201(1)(b)(ii): prescribe a specific location where the remote-service contractor must be available to perform a remote service; or
Utah Code Annotated § 34-53a-201(1)(b)(iii): restrict the remote-service contractor from engaging in another occupation or business; and
Utah Code Annotated § 34-53a-201(1)(c): except for the use of the marketplace company's digital application, the remote-service contractor is responsible for providing the necessary tools, materials, and equipment to perform a remote service a person requests through the marketplace company's digital application.
Utah Code Annotated § 34-53a-201(2): A marketplace company's act of screening or training a remote-service contractor does not affect the remote-service contractor's employment status under this chapter.


Utah Code Annotated - Title 34 - Chapter 54 - Promotion of Student Loan Forgiveness Programs Act
************************************************************************************************

Utah Code Annotated § 34-54-101 Title.
--------------------------------------
This chapter is known as "Promotion of Student Loan Forgiveness Programs Act."

Utah Code Annotated § 34-54-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 34-54-102(1): "Division" means the Division of Antidiscrimination and Labor in the commission.
Utah Code Annotated § 34-54-102(2): (2)(b)
Utah Code Annotated § 34-54-102(2)(a): (2)(b) "Employer" means, except as provided in Subsection
Utah Code Annotated § 34-54-102(2)(b): "Employer" does not include:
Utah Code Annotated § 34-54-102(2)(b)(i): a federal or tribal government organization, agency, or entity; or
Utah Code Annotated § 34-54-102(2)(b)(ii): a tribal college or university.
Utah Code Annotated § 34-54-102(3): "Employment certification form" means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program.
Utah Code Annotated § 34-54-102(4): "LEA" means a school district, a charter school, or the Utah Schools for the Deaf and the Blind.
Utah Code Annotated § 34-54-102(5): "Public Service Loan Forgiveness Program" means the Public Service Loan Forgiveness Program described in 34 C.F.R. 685.219.
Utah Code Annotated § 34-54-102(6): "Public service organization" means the same as that term is defined in 34 C.F.R. 685.219.
Utah Code Annotated § 34-54-102(7): "Student loan forgiveness program" means:
Utah Code Annotated § 34-54-102(7)(a): the Public Service Loan Forgiveness Program; or
Utah Code Annotated § 34-54-102(7)(b): the Teacher Loan Forgiveness Program.
Utah Code Annotated § 34-54-102(8): "Teacher" means the same as that term is defined in 34 C.F.R. 685.217.
Utah Code Annotated § 34-54-102(9): "Teacher Loan Forgiveness Program" means the Teacher Loan Forgiveness Program described in 34 C.F.R. 685.217.


Utah Code Annotated § 34-54-201 Division duties.
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Utah Code Annotated § 34-54-201(1): For each student loan forgiveness program, the division shall develop a set of informational materials designed to increase awareness of the program among eligible residents of the state.
Utah Code Annotated § 34-54-201(2): (1) In each set of informational materials described in Subsection
Utah Code Annotated § 34-54-201(2)(a): a one-page form letter for an employer to give to an employee who may be eligible for the loan forgiveness program that:
Utah Code Annotated § 34-54-201(2)(a)(i): briefly summarizes the loan forgiveness program;
Utah Code Annotated § 34-54-201(2)(a)(ii): describes each step the employee must take to participate in the loan forgiveness program; and
Utah Code Annotated § 34-54-201(2)(a)(iii): recommends the employee contact the employee's student loan servicer for additional information about the loan forgiveness program; and
Utah Code Annotated § 34-54-201(2)(b): a document that contains answers to frequently asked questions about the loan forgiveness program.
Utah Code Annotated § 34-54-201(3): (1); (2) The division may use information published by a federal agency to satisfy any requirement of Subsection
Utah Code Annotated § 34-54-201(4): The division shall:
Utah Code Annotated § 34-54-201(4)(a): make each set of informational materials described in this section available on the division's website; and
Utah Code Annotated § 34-54-201(4)(b): ensure that each set of informational materials described in this section contains current and accurate information.


Utah Code Annotated § 34-54-202 Employer obligations.
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Utah Code Annotated § 34-54-202(1): 34-54-201; (1)(a)
Utah Code Annotated § 34-54-202(1)(a): 34-54-201 At least once each calendar year, an employer shall give each of the employer's employees an electronic copy of the set of informational materials that the division develops in accordance with Section
Utah Code Annotated § 34-54-202(1)(b): (1)(a) An employer shall give each employee hired on or after July 1, 2019, an electronic copy of the materials described in Subsection
Utah Code Annotated § 34-54-202(2): Upon request from an employee, an employer shall complete the employer portions of an employment certification form and provide a copy of the employment certification form to the employee.


Utah Code Annotated § 34-54-203 Additional LEA obligations.
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Utah Code Annotated § 34-54-203(1): 34-54-201; (1)(a)
Utah Code Annotated § 34-54-203(1)(a): 34-54-201 At least once each calendar year, an LEA shall give each of the LEA's teachers an electronic copy of the set of informational materials that the division develops in accordance with Section
Utah Code Annotated § 34-54-203(1)(b): (1)(a) An LEA shall give each teacher hired on or after July 1, 2019, an electronic copy of the materials described in Subsection
Utah Code Annotated § 34-54-203(2): An LEA's obligations under this section are in addition to the other requirements of this chapter.


Utah Code Annotated - Title 34 - Chapter 55 - Emergency Services Volunteer Employment Protection Act
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Utah Code Annotated § 34-55-101 Title.
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This chapter is known as "Emergency Services Volunteer Employment Protection Act."

Utah Code Annotated § 34-55-102 Definitions.
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Utah Code Annotated § 34-55-102(1): "Emergency" means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster.
Utah Code Annotated § 34-55-102(2): 49-16-102; 53-2d-402 "Emergency services volunteer" means:
Utah Code Annotated § 34-55-102(2)(a): 49-16-102 a volunteer firefighter as defined in Section
Utah Code Annotated § 34-55-102(2)(b): 53-2d-402 an individual licensed under Section
Utah Code Annotated § 34-55-102(2)(c): an individual mobilized as part of a posse comitatus.
Utah Code Annotated § 34-55-102(3): "Employer" means a person, including the state or a political subdivision of the state, that has one or more workers employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
Utah Code Annotated § 34-55-102(4): "Public safety agency" means a governmental entity that provides fire protection, law enforcement, ambulance, medical, or other emergency services.


Utah Code Annotated § 34-55-201 Prohibition on termination -- Loss of compensation -- Permitted request for statement.
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Utah Code Annotated § 34-55-201(1): 
Utah Code Annotated § 34-55-201(1)(a): An employer may not terminate the employment of an employee solely for being an emergency services volunteer.
Utah Code Annotated § 34-55-201(1)(b): An employer may not terminate the employment of an employee who is an emergency services volunteer for being absent from or late to work, if at the time the employee is absent from or late to work the employee is responding to an emergency as an emergency services volunteer.
Utah Code Annotated § 34-55-201(2): An employer may reduce the regular pay of an employee who is an emergency services volunteer for time the employee misses work because the employee is responding to an emergency as an emergency services volunteer.
Utah Code Annotated § 34-55-201(3): An employer may request that an employee who is an emergency services volunteer and misses time from work to respond to an emergency provide the employer with a written statement that:
Utah Code Annotated § 34-55-201(3)(a): is from the supervisor or acting supervisor of the employee when the employee is in the course of performing duties as an emergency services volunteer;
Utah Code Annotated § 34-55-201(3)(b): states that the employee responded to an emergency; and
Utah Code Annotated § 34-55-201(3)(c): states the time and date of the employee's service as an emergency services volunteer.
Utah Code Annotated § 34-55-201(4): (4)(b)
Utah Code Annotated § 34-55-201(4)(a): (4)(b) Except as provided in Subsection
Utah Code Annotated § 34-55-201(4)(b): If an employee is an emergency services volunteer and is a full-time employee of a public safety agency, the employee shall, before responding to an emergency, obtain permission from the employee's public safety agency employer to respond to the emergency.


Utah Code Annotated § 34-55-202 Civil action for violation of chapter.
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Utah Code Annotated § 34-55-202(1): If an employer terminates an employee in violation of this chapter, the employee may bring a civil action against the employer within one year after the day on which the employer terminates the employee.
Utah Code Annotated § 34-55-202(2): (1) In a civil action described in Subsection
Utah Code Annotated § 34-55-202(2)(a): reinstate the employee in the employee's former position, including any fringe benefits or seniority rights; or
Utah Code Annotated § 34-55-202(2)(b): pay the employee back wages.


Utah Code Annotated - Title 34 - Chapter 56 - Workplace Covid-19 Provisions
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Utah Code Annotated § 34-56-101 Definitions.
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As used in this chapter:Utah Code Annotated § 34-56-101(1): 
Utah Code Annotated § 34-56-101(1)(a): "Adverse action" means:
Utah Code Annotated § 34-56-101(1)(a)(i): an action that results in:
Utah Code Annotated § 34-56-101(1)(a)(i)(A): the refusal to hire a potential employee; or
Utah Code Annotated § 34-56-101(1)(a)(i)(B): the termination of employment, demotion, or reduction of wages of an employee; or
Utah Code Annotated § 34-56-101(1)(a)(ii): a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee.
Utah Code Annotated § 34-56-101(1)(b): "Adverse action" does not include an employer's reassignment of an employee, if the employee's COVID-19 vaccination status is not the only reason for the reassignment.
Utah Code Annotated § 34-56-101(2): 78B-4-517 "COVID-19 vaccine" means a substance that is:
Utah Code Annotated § 34-56-101(2)(a): 
Utah Code Annotated § 34-56-101(2)(a)(i): approved for use by the United States Food and Drug Administration; or
Utah Code Annotated § 34-56-101(2)(a)(ii): authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
Utah Code Annotated § 34-56-101(2)(b): injected into or otherwise administered to an individual; and
Utah Code Annotated § 34-56-101(2)(c): 78B-4-517 intended to immunize an individual against COVID-19 as defined in Section
Utah Code Annotated § 34-56-101(3): "COVID-19 vaccination status" means the state of whether an individual has received a COVID-19 vaccine.
Utah Code Annotated § 34-56-101(4): "Employee" means an individual suffered or permitted to work by an employer.
Utah Code Annotated § 34-56-101(5): (5)(c); 34A-6-103; (5)(c); 78B-3-403
Utah Code Annotated § 34-56-101(5)(a): (5)(c); 34A-6-103 Except as provided in Subsection
Utah Code Annotated § 34-56-101(5)(b): (5)(c) Except as provided in Subsection
Utah Code Annotated § 34-56-101(5)(c): 78B-3-403 "Employer" does not include:
Utah Code Annotated § 34-56-101(5)(c)(i): a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, during the period that the regulation is in effect; or
Utah Code Annotated § 34-56-101(5)(c)(ii): 78B-3-403 a health care provider, as defined in Section
Utah Code Annotated § 34-56-101(6): 63A-16-102; 17B-1-102 "Governmental entity" means:
Utah Code Annotated § 34-56-101(6)(a): 63A-16-102 an executive branch agency as defined in Section
Utah Code Annotated § 34-56-101(6)(b): the legislative branch;
Utah Code Annotated § 34-56-101(6)(c): the judicial branch;
Utah Code Annotated § 34-56-101(6)(d): the State Board of Education;
Utah Code Annotated § 34-56-101(6)(e): the Utah Board of Higher Education;
Utah Code Annotated § 34-56-101(6)(f): an institution of higher education; and
Utah Code Annotated § 34-56-101(6)(g): 17B-1-102 a political subdivision of the state:
Utah Code Annotated § 34-56-101(6)(g)(i): 17B-1-102 as defined in Section
Utah Code Annotated § 34-56-101(6)(g)(ii): including a school district.
Utah Code Annotated § 34-56-101(7): Title 58, Chapter 31b, Nurse Practice Act "Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under
Utah Code Annotated § 34-56-101(8): Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act "Physician" means an individual licensed to practice as a physician or osteopath under
Utah Code Annotated § 34-56-101(9): Title 58, Chapter 70a, Utah Physician Assistant Act "Physician assistant" means an individual who is licensed to practice as a physician assistant under
Utah Code Annotated § 34-56-101(10): "Primary care provider" means a nurse practitioner, physician, or physician assistant.
Utah Code Annotated § 34-56-101(11): 34A-6-103 "Workplace" means the same as that term is defined in Section


Utah Code Annotated § 34-56-102 Scope.
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If a requirement imposed on an employer under this chapter substantially impairs the fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the requirement does not apply to the employer.

Utah Code Annotated § 34-56-201 Employee COVID-19 vaccination, recordkeeping, and testing provisions.
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Utah Code Annotated § 34-56-201(1): (1)(b); (1)(a); (1)(c)(i)
Utah Code Annotated § 34-56-201(1)(a): (1)(b) Except as provided in Subsection
Utah Code Annotated § 34-56-201(1)(a)(i): a statement that receiving a COVID-19 vaccine would:
Utah Code Annotated § 34-56-201(1)(a)(i)(A): be injurious to the health and well-being of the employee or prospective employee;
Utah Code Annotated § 34-56-201(1)(a)(i)(B): conflict with a sincerely held religious belief, practice, or observance of the employee or prospective employee; or
Utah Code Annotated § 34-56-201(1)(a)(i)(C): conflict with a sincerely held personal belief of the employee or prospective employee; or
Utah Code Annotated § 34-56-201(1)(a)(ii): a letter from the employee or prospective employee's primary care provider stating that the employee or prospective employee was previously infected by COVID-19.
Utah Code Annotated § 34-56-201(1)(b): (1)(a) An employer may require an employee or prospective employee to receive or show proof that the employee or prospective employee has received a COVID-19 vaccination without providing an exemption described in Subsection
Utah Code Annotated § 34-56-201(1)(b)(i): 
Utah Code Annotated § 34-56-201(1)(b)(i)(A): the employer establishes a nexus between the requirement and the employee's assigned duties and responsibilities; or
Utah Code Annotated § 34-56-201(1)(b)(i)(B): the employer identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee's duties and responsibilities; and
Utah Code Annotated § 34-56-201(1)(b)(ii): reassignment of the employee is not practical.
Utah Code Annotated § 34-56-201(1)(c): (1)(c)(i)
Utah Code Annotated § 34-56-201(1)(c)(i): An employer may not keep or maintain a record or copy of an employee's proof of vaccination, unless:
Utah Code Annotated § 34-56-201(1)(c)(i)(A): otherwise required by law; or
Utah Code Annotated § 34-56-201(1)(c)(i)(B): an established business practice or industry standard requires otherwise.
Utah Code Annotated § 34-56-201(1)(c)(ii): (1)(c)(i) Subsection
Utah Code Annotated § 34-56-201(2): 
Utah Code Annotated § 34-56-201(2)(a): An employer shall pay for all COVID-19 testing an employee receives in relation to or as a condition of the employee's presence at the workplace.
Utah Code Annotated § 34-56-201(2)(b): An employer may not keep or maintain a record or copy of an employee's COVID-19 test results, unless otherwise required by law.
Utah Code Annotated § 34-56-201(3): An employer may not take an adverse action against an employee because of an act the employee makes in accordance with this chapter.


Utah Code Annotated - Title 34 - Chapter 57 - Portable Benefit Plan
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Utah Code Annotated § 34-57-101 Definitions.
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As used in this chapter:Utah Code Annotated § 34-57-101(1): "Hiring party" means a person who hires or enters into a contract with an independent contractor.
Utah Code Annotated § 34-57-101(2): 34A-2-103 "Independent contractor" means the same as that term is defined in Section
Utah Code Annotated § 34-57-101(3): Title 31A, Insurance Code; Title 35A, Chapter 4, Employment Security Act "Portable benefit plan" means a group that:
Utah Code Annotated § 34-57-101(3)(a): Title 31A, Insurance Code; Title 35A, Chapter 4, Employment Security Act offers an insurance product regulated by:
Utah Code Annotated § 34-57-101(3)(a)(i): Title 31A, Insurance Code
Utah Code Annotated § 34-57-101(3)(a)(ii): Title 35A, Chapter 4, Employment Security Act
Utah Code Annotated § 34-57-101(3)(b): is assigned to an individual beneficiary and is not associated with a specific employer or hiring party.


Utah Code Annotated § 34-57-102 Administration -- Assignment of benefits -- Portability.
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Utah Code Annotated § 34-57-102(1): A governmental entity or private entity may offer a portable benefit plan.
Utah Code Annotated § 34-57-102(2): Contributions to a portable benefit plan:
Utah Code Annotated § 34-57-102(2)(a): shall be voluntary; and
Utah Code Annotated § 34-57-102(2)(b): may not be used as a criterion for determining a person's employment classification.
Utah Code Annotated § 34-57-102(3): Title 34A, Chapter 2, Workers' Compensation Act; Title 35A, Chapter 4, Employment Security Act If an Internet or application-based company contributes to a portable benefit plan for the benefit of an individual beneficiary:
Utah Code Annotated § 34-57-102(3)(a): the contribution is not evidence of employer liability; and
Utah Code Annotated § 34-57-102(3)(b): Title 34A, Chapter 2, Workers' Compensation Act; Title 35A, Chapter 4, Employment Security Act a court may not construe the contribution as an element of an employment relationship for purposes of:
Utah Code Annotated § 34-57-102(3)(b)(i): Title 34A, Chapter 2, Workers' Compensation Act
Utah Code Annotated § 34-57-102(3)(b)(ii): Title 35A, Chapter 4, Employment Security Act