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Utah’s labor laws are meant to govern the relationship between employers and employees in different workplaces. These laws are important, especially since they clarify employers’ obligations to their employees.
This article will cover a wide range of topics regarding Utah labor laws, including meal and break regulations, minimum wage requirements, overtime compensation, prevailing wages, workplace safety rules, and protections against discrimination in the workplace. Consider it a starting point in terms of resources, if you’re looking to become informed and compliant with labor laws within the Beehive State.
Meals and Breaks in Utah
Utah has no state-specific laws requiring employers to provide employees with meal breaks or rest periods during work hours.
However, if an employer provides these breaks as part of its stated company benefits, it must adhere to certain regulations. For example, meal breaks and rest periods of up to 20 minutes must be included in employee work hour calculations and paid in full.
On the other hand, rest periods and meal breaks longer than 20 minutes don’t necessarily need to be paid, provided employees are free to do as they please during these breaks, like leaving the company premises.
Generally, the only exception to Utah meal and break laws applies to minors. All employers in Utah must give employees under 18 meal breaks of at least 30 minutes after they work five consecutive hours in any given workday. These laws stipulate employees under 18 should not work more than three consecutive hours without a 10-minute rest break.
Breastfeeding Breaks
Under Utah labor laws, employers are not required to give nursing mothers breaks to express breast milk during their workday. However, under the federal Fair Labor Standards Act (FLSA), certain employers must provide nursing mothers with reasonable breaks to breastfeed their babies.
FLSA also stipulates employers are responsible for providing employees with private spaces, other than bathrooms and/or toilet stalls, to express breast milk. Under FLSA, an employee’s right to a nursing mother’s break lasts up to a year after childbirth.
Meal and Break Laws in Utah
Meal Breaks for Adults
No requirements – if an employer chooses to offer meal or rest breaks of up to 20 minutes, they should pay for it.
Meal Breaks for Minors
Minors under 18 must receive rest breaks of no less than 30 minutes after working for five consecutive hours.
Lactation Breaks
No requirements.
Leave and Paid Time Off (PTO) in Utah
Utah has both required and non-required types of leaves of absence.
Required Leave in Utah
Family and Medical Leave
Utah employers with more than 50 employees must adhere to the federal Family and Medical Leave Act (FMLA). Under FMLA, some Utah employees may be eligible for up to 12 weeks of unpaid leave to attend to certain family or medical situations.
Some events that can create eligibility for family and medical leave under FMLA include:
- Childbirth or caring for a newborn
- Recovery from a serious medical condition or injury preventing the employee from working
- Caring for a family member suffering from a serious illness or injury
- Adoption or fostering a child
For a Utah employee to qualify for this leave, they must have:
- Worked for the same employer for at least 12 months before requesting leave
- Worked at least 1,250 hours in the 12 months before the leave request
During family and medical leave, all eligible employees are allowed to continue paying into and receiving health insurance at the same rate they paid while working.
Jury Duty Leave
Utah employers must provide unpaid time off for employees to respond to jury summons. Employees cannot be punished, threatened, or discharged for missing work to attend jury duty. Employers can also not ask employees to use their available vacation leave or sick days to respond to a jury summons.
Witness Leave
Utah employers cannot prevent their employees from attending court cases or depositions they’ve been subpoenaed to. Employees in the Beehive State are entitled to a witness leave, which allows them to miss work for a court hearing and still receive their regular pay for that workday.
Military Leave
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees who are members of the United States Uniformed Services are eligible for unpaid military leave.
Per USERRA, all eligible employees can leave their jobs for deployment and be reinstated to their previous positions upon returning.
To qualify, eligible employees must meet the following requirements:
- They must notify their employer in good time about their deployment.
- Total time spent in active military service must not exceed five years.
- Any military discharge must not be dishonorable or disqualifying.
- Their return to work must be timely.
If employees meet these conditions, they can regain all benefits and seniority they held in their workplace before deployment.
Voting Leave
Employers in Utah must provide employees with up to two hours of paid voting time during the designated poll hours. However, this law does not apply to employees with at least three hours of non-working time available for voting.
Bereavement Leave (for State Employees)
State employees in Utah are entitled to up to three days of paid bereavement upon the passing of an immediate family member.
To qualify for this paid leave, the employee must notify their supervisor in writing of their request for bereavement leave. The written note should indicate the deceased family member’s name and the employee’s relationship with them.
Sick Leave (for State Employees)
Those who work for the Utah state government are entitled to four hours of sick leave per pay period, regardless of how long they’ve been on the job. Eligible employees can use this leave for various purposes, including health checkups, maternity or paternity duties, and caring for sick or injured family members.
Annual and Holiday Leave (for State Employees)
All full-time state employees in Utah are entitled to accrued annual leave.
An employee’s accrued annual leave rate usually depends on the years they’ve worked:
- Up to 5 years: Four hours' annual leave accrual per pay period
- 5-10 years: Five hours' annual leave accrual per pay period
- 10-20 years: Six hours' annual leave accrual per pay period
- 20+ years: Seven hours’ annual leave accrual per pay period
Eligible employees can also accrue holiday leave based on the number of hours they’ve worked in every pay period.
Non-Required Leave in Utah
Some types of leaves are not mandated by Utah labor laws unless indicated on employment contracts or other similar agreements between employer and employee. These types of leaves – specifically employees of private entities – include:
- Vacation and holiday leave
- Sick leave
- Bereavement leave
Overtime Regulations in Utah
Utah does not have any state-specific laws governing overtime pay. Instead, the state follows guidelines provided by FLSA for calculating overtime for all non-exempt employees.
According to FLSA, non-exempt employees are entitled to overtime pay for working more than 40 hours in a given workweek. Under this law, the standard overtime pay rate is 1.5 times an employee’s regular hourly rate.
Some employees in Utah are not entitled to overtime pay. Some workers exempt from overtime pay provisions in the state include:
- Administrative, professional, and executive employees earning more than $684 per week
- Taxi drivers
- Seasonal employees
- Farmworkers
- Railroad employees
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Wages and Benefits in Utah
Utah sets its minimum wage regulations following FLSA to ensure the state’s standard minimum wage rate is on par with the federal rate. Only employees covered by FLSA are entitled to receive this pay rate, which is currently, set (in Utah and nationally) at $7.25 per hour.
The current minimum wage rate for tipped employees is $2.13 per hour. Utah employers are only allowed to pay tipped employees this rate if the tips they receive, plus their direct wages, add up to at least the state/federal minimum wage of $7.25 per hour. If this is not the case, employers must cover the difference.
In Utah, some certified employers can provide subminimum wages to disabled employees and employees under the age of 20.
The subminimum wage is a wage rate lower than the federal, state, or local minimum wage, often paid to employees with disabilities. It’s usually determined by a government agency and should always reflect the amount of output an individual is capable of compared to the standard workload.
Additionally, there is another type of subminimum wage in Utah known as a trainee wage. Per FLSA, employers can pay this wage rate to employees under 20 for their first 90 days of employment. The current trainee wage rate in Utah is $4.25 per hour.
Lastly, Utah employers are allowed to pay full-time student employees 85% of the current minimum wage under the Student-Learner program. As a result, the minimum wage rate for full-time student employees in Utah stands at $6.16.
Exceptions to Minimum Wage Rate in Utah
According to FLSA, the following occupations are exempt from federal minimum wage requirements:
- Seasonal amusement park employees
- Newspaper deliverers
- On-site babysitters
- Agricultural workers
- Seasonal farm workers
- Executive, professional, and administrative employees earning more than $684 per week
Laws Related to Pay Frequency, Pay Stubs, and Final Paychecks in Utah
Employers in Utah must establish consistent paydays and notify their employees in advance in case of any changes to the payment schedule.
All non-salaried employees in the state must be paid at least twice a month, and paydays must be within 10 days after completing the previous pay period. Salaried employees in Utah can be paid once a month, provided they receive their wages by the 7th of the month following the one in which they provided their services.
All employers must provide their employees with detailed pay stubs indicating all deductions from their wages. Deductions in Utah are legal when:
- Authorized or required by the federal/state law
- Authorized by the employee in writing
- Ordered by an administrative law judge
- Contributed towards an employee benefits contract or plan as established by the employer
In Utah, an employee who has been terminated by the employer must receive their final paycheck within 24 hours of termination.
If a terminated employee does not receive their final paycheck within 24 hours, they’ll continue earning wages until the employer pays, them or for 60 days, whichever comes first. An employee who quits or resigns from their job without a written advance notice will receive their final paycheck on the next scheduled payday.
Mandatory and Optional Benefits Employers May Offer to Employees in Utah
Under Utah labor laws, employers can offer their employees various benefits. Some of these benefits are mandatory, while many are optional.
Mandatory Benefits in Utah
- Workers' compensation
- Family and medical leave
- Unemployment insurance
- Jury leave
- Voting leave
Optional Benefits in Utah
- Short-term disability insurance
- Life insurance
- Vision insurance
- Dental insurance
- Retirement plans
- Health insurance
- Long-term disability insurance
- Wellness programs
Prevailing Wages in Utah
Utah has no laws for prevailing wage rates on government construction projects or service contracts. However, under certain circumstances, employers in the state are still required to pay employees prevailing wages as established by federal labor laws.
Prevailing wage rates in Utah often differ from the federal/state minimum wage of \$7.25 per hour. In most cases, employees are eligible for prevailing wage rates if they refer to federal or state government-funded construction projects or perform various government services.
For more information about the current prevailing wage rates in Utah, check out the following resources:
Hiring Practices in Utah
Utah’s Regulations Regarding Job Postings, Interviews, and Hiring Decisions
- JOB POSTINGS: Utah labor laws stipulate all job postings should accurately reflect the job duties, qualifications, and salary range of the given position. These laws prohibit the use of discriminatory language in all job postings.
- INTERVIEWS: Utah labor laws dictate all interviews must be job-related and conducted in a manner that gives all applicants a fair and equal opportunity to showcase their skills.
- HIRING DECISIONS: The hiring decisions of employers and HR professionals in Utah should be based solely on an applicant's qualifications, experience, and skills. Most importantly, recruiters should document the hiring process and justifications for their final decision.
Laws Related to Background Checks and Drug Testing in Utah
- BACKGROUND CHECKS: Employers in Utah are allowed to conduct background checks on both employees and job applicants. However, employers must obtain written consent from the person before carrying out the check. They must also comply with the Fair Credit Reporting Act guidelines when conducting these checks.
- DRUG TESTING: Utah employers are allowed to test employees and job applicants for alcohol or other drugs, provided they comply with the Utah Drug and Alcohol Testing Act (UDATA) regulations. Employers must also test managers supervising drug-tested employees to protect their companies from liability claims. All employers intending to test employees must make written drug or alcohol-testing policies accessible to everyone in the company.
- HIRING DECISIONS: The hiring decisions of employers and HR professionals in Utah should be based solely on an applicant's qualifications, experience, and skills. Most importantly, recruiters should document the hiring process and justifications for their final decision.
Anti-Discrimination Laws and Equal Employment Opportunities in Utah
The Utah Antidiscrimination Act prohibits discrimination against employees and job applicants based on protected characteristics. These protected characteristics include race, color, gender, sexual orientation, religion, national origin, age, and disability.
All employers in the state must provide sexual harassment training to employees within the first 90 days of hiring and then every two years thereafter. This training should cover all staff, including management and entry-level positions.
Health and Safety Standards in Utah
Utah takes the safety of employees in its workplaces seriously. Since 1973, the Utah Occupational Safety and Health Act has required all employers in the state to ensure their employees have work environments free of recognized hazards.
The Utah Labor Commission is responsible for implementing and administering occupational safety and health standards throughout the state.
Utah’s occupational safety standards align with federal guidelines set by the Occupational Safety and Health Administration (OSHA). Under the Utah Occupational Safety and Health (UOSH) Division, employees in the state have the following rights:
- The right to be educated and trained in a language they understand
- The right to request an inspection if they believe there are unsafe and unhealthy conditions in the workplace
- Easy access to their workplace illness and injury records
- Protection from retaliation by employers for reporting occupational safety violations
Employers and employees in Utah can report unsafe working conditions to the following institutions:
Employee Termination and Resignation in Utah
Utah is an at-will employment state. Any employer or employee can terminate an employment relationship without providing specific reasons.
Under Utah labor laws, employers are not required to provide employees with severance pay after termination of the employment relationship. However, if an employer chooses to provide their employee with severance benefits, they must do so in accordance with the company’s established policies or employment contract.
Utah also has a right-to-work law stating public and private employees in the state cannot be denied employment based on their membership or non-membership in a given labor union.
Unemployment Benefits in Utah
In Utah, employees who lose their jobs through no fault of their own may qualify for unemployment insurance benefits. The benefits are meant to partially offset the employee’s lost wages as they search for another job or wait for their employer to recall them to work.
To qualify for unemployment benefits in Utah, an applicant must meet the following requirements:
- Must be unemployed through no fault of their own
- Must be ready and available to work
- Must have earned at least the state minimum wage before losing their job
- Must be actively looking for a job
Here are some resources employers can use to understand their role in the unemployment benefits process in Utah:
Penalties for Noncompliance in Utah
Employers who fail to comply with Utah labor laws may face different types of penalties, depending on the specific violation. These may include administrative penalties, fines, private lawsuits, and even criminal penalties. In some cases, employers may suffer reputation damage or lose contracts with government agencies as a result of noncompliance with Utah labor laws.
Utah employees can easily report labor law violations by phone, online, or in person to the Utah Labor Commission or the U.S. Department of Labor (DOL). Employees may also consider hiring an employment lawyer to help them file a lawsuit against the employer if they believe their rights in the workplace have been violated.
Other Essential Information About Labor Laws in Utah
Other key Utah labor laws not covered in this article’s previous sections include:
WHISTLEBLOWER PROTECTION LAWS: These laws protect public employees who report violations of Utah labor laws. Under these laws, employers are prohibited from threatening or discharging employees for filing a whistleblower report in good faith.
RECORDKEEPING LAWS: These laws require all employers to maintain accurate and permanent employee records containing information, such as name, address, gross earnings for each period, date of hire, type of service the employee provides, and other payments made to the employee, excluding wages.
SMOKING LAWS: Under the Utah Indoor Clean Air Act (UICAA), smoking cigarettes and e-cigarettes in indoor places of public access is prohibited across the state.
The Bottom Line on Utah Labor Laws
We hope this guide has offered the detailed and up-to-date information about Utah labor laws you’ve been seeking, and has shone a light on key aspects of these laws such as breaks, wages, overtime, and occupational safety.
Staying current with the state’s laws is important for employers and employees in Utah, but no online guide can address every aspect of these complex regulations. You may want to consider retaining a good Utah employment lawyer if you’re attempting to navigate and comply with some of the state’s more complex labor laws.
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