Employment and labor laws in Utah [Updated 2024]

Published

Dec 1, 2023

Employment and labor laws are essential for protecting both employees and employers. Each state has unique guidelines that govern employment, making it especially challenging for employers hiring in multiple states. 

In Utah, employers are responsible for adhering to both federal and state regulations, though Utah has more flexible laws than many states. For example, Utah’s minimum wage law mirrors the federal one, but Utah has additional provisions requiring rest periods at work. 

Rippling's Professional Employer Organization (PEO) service can handle your tax registration and management in Utah, allowing you to focus on scaling your business.

Employment vs. labor law: What’s the difference?

While the terms "employment law" and "labor law" are frequently used interchangeably, they aren't synonymous from a legal standpoint. What distinguishes them are the parties involved. Employment law focuses on the relationship between an individual employee and their employer, whereas labor law has to do with the collective—like unions and their members.

Here’s a closer look:

  • Employment law covers areas such as wage standards, work hours, overtime regulations, hiring processes, addressing workplace discrimination, and managing complaints against retaliation.
  • Labor law delves into union affiliation, management of union dues, and the negotiation of collective bargaining agreements.

Wages and hours in Utah

Understanding wages and hours in Utah is essential for both employers and employees. 

Minimum wage in Utah

The Utah state minimum wage is currently $7.25 per hour, the same as the federal minimum wage. The Utah minimum wage for tipped employees is $2.13 per hour, but if tipped employees don’t earn at least $7.25 per hour in wages plus tips, their employer must make up the difference.

When you're setting hourly wage rates, Rippling automatically identifies minimum wage violations based on where your employees live. This feature is incredibly valuable, especially if you operate in multiple states with different minimum wage laws.

Overtime pay in Utah

In Utah, non-exempt employees are entitled to overtime pay at a rate of 1.5 times their standard rate of pay for every hour worked beyond 40 in a single workweek.

Exemptions to overtime pay exist for administrative, professional, and executive workers.

Rippling’s payroll software can help you comply with overtime laws in Utah and across the US—it automatically applies the correct pay rates when an employee’s hours trigger overtime pay requirements.

Pay transparency in Utah

Pay transparency laws are becoming more common across the US, requiring employers to disclose salary information to job candidates and current employees, making workplaces more transparent and equitable.

Utah doesn’t have a statewide pay transparency law, but in Salt Lake City, city agencies can’t ask job applicants for their salary histories.

Rippling’s Headcount and Compensation Bands tool enforces compensation bands during the onboarding process, notifying you about out-of-band adjustments so you can green-light special salary cases and restrict others as needed.

Breaks and rest periods in Utah

Employees who work more than 30 hours a week are entitled to a paid 10-minute rest period for every four hours of work and an unpaid 30-minute meal break after five hours of work.

Under the Fair Labor Standards Act (FLSA), breastfeeding mothers have the right to express breast milk for a nursing child during the workday, especially during the school day if they're educators.

Utah’s child labor laws state that minor employees under 16 years old can’t work during school hours and can’t work for more than four hours before and after school. They also can’t work more than eight hours in any 24-hour period. Employees over 16 but under 18 years of age must receive a 30-minute meal break if they work more than five consecutive hours, and they must be given a 10-minute break every four hours. 

Leaves of absence in Utah

Life happens. And when it does, it's comforting to know that there are protective laws in place to ensure employees can take necessary time off without jeopardizing their job security. 

Utah employers with 50 or more employees must adhere to the federal Family and Medical Leave Act, which entitles employees to up to 12 weeks of unpaid leave each year that they can take to recover from an illness or injury, care for a family member, welcome a child, or for other personal reasons.

Vacation leave

Private employers in Utah aren’t required to provide paid or unpaid vacation time. However, if they choose to offer it as a benefit, they must abide by their own policies and employment contracts.

Holiday leave

Employees in Utah aren’t entitled to days off on holidays or any extra pay for working on public holidays.

Jury duty leave

It’s illegal for employers to terminate or otherwise threaten an employee’s job because they miss work to serve on a jury; however, jury duty leave doesn’t need to be paid.

Military leave

Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), Utah employees who leave work to serve in the armed forces must be reinstated to their jobs upon returning without losing seniority or benefits.

Pregnancy disability leave in Utah

Utah doesn’t have a state-specific pregnancy disability leave law. However, employers covered by the FMLA must provide eligible pregnant employees with up to 12 weeks of unpaid leave for conditions related to pregnancy and childbirth.

Paid sick leave in Utah

Utah doesn’t have a state-wide mandate for paid sick leave. However, many employers provide PSL voluntarily as a part of the benefits package.

Rippling allows you to automate and customize your leave policy, giving you full visibility into how employees are utilizing it.

Workplace safety in Utah

The safety of employees is paramount in any workplace. The Utah Occupational Safety and Health Act of 1973 mandates that employers in Utah must ensure their work environment is free from recognized hazards that could cause physical harm. The Utah Labor Commission oversees the occupational safety standards in the state.

As of now, Utah's workplace safety regulations are in line with the federal standards set by OSHA. Employee protections in Utah include:

  • The right to be trained in a language they understand
  • The right to request an inspection if they believe there are unsafe or unhealthy working conditions
  • Protection from retaliation for reporting safety concerns or violations
  • Access to their workplace injury and illness records

Every employer in Utah is encouraged to establish an Injury and Illness Prevention Program (IIPP). It’s a proactive way for businesses to identify and rectify hazards before they escalate into bigger problems.

Rippling PEO offers a convenient pay-as-you-go workers’ comp plan that doesn’t require you to pay upfront for the whole year. This means you can scale your business stress-free in Utah and anywhere else in the US.

Discrimination and harassment laws in Utah

The state of Utah, like many others, has legislation in place to combat workplace discrimination and harassment. Utah's anti-discrimination laws largely mirror federal laws, but the Utah Antidiscrimination Act goes further, ensuring that genetic information, among other characteristics, isn't used discriminatorily.

Protected characteristics in Utah include:

  • Race and color
  • Religion
  • Gender and gender identity
  • Age (40 and older)
  • Disability (physical or mental)
  • Pregnancy, childbirth, or related conditions
  • National origin
  • Sexual orientation

Harassment is an unwelcome behavior, often repetitive or persistent, based on any of the above protected characteristics. Examples include offensive jokes, slurs, name-calling, physical assaults, or threats. It’s vital for employers and employees to recognize what qualifies as harassment and act accordingly.

Utah employers are recommended to provide sexual harassment training to all staff within 90 days after they’re hired and then once every two years. This training should be inclusive, covering all staff from entry-level positions up to management.

Rippling’s Learning Management System is pre-loaded with core sexual harassment training courses. This ensures each employee meets the state requirements based on where they live.

Unions in Utah

A union is a group of workers who come together to advocate for better working conditions, wages, and benefits. One key method unions use to achieve these goals is "collective bargaining," which means that the union negotiates with the employer on behalf of all its members to determine terms of employment.

The rights of employees who belong to unions are established by federal laws. These include:

  • The right to join, form, or assist a labor union
  • The right to engage in collective bargaining through representatives of their own choosing
  • The right to participate in union activities
  • The right to refrain from participating in any such activities

It’s crucial to note that federal law prohibits employers from threatening employees’ jobs based on their choice to support or not support a union.

Utah is a "right-to-work" state, which means that it's illegal for employers and unions in Utah to require union membership or dues payment as a condition of employment.

FAQs about Utah labor and employment laws

Who enforces employment and labor laws in Utah?

Each state, including Utah, has a labor commission—in this case, it's the Utah Labor Commission—responsible for ensuring that both employers and employees have a clear understanding of their rights, obligations, and the standards expected within a work environment.

Are independent contractors covered under Utah employment laws?

No, independent contractors are typically not granted the same protections under Utah's employment laws as traditional employees. It's essential to classify workers correctly, as misclassification can lead to legal consequences.

Does at-will employment exist in Utah?

Yes, most employees in Utah operate under at-will employment. This means that both the employer and the employee can terminate the employment relationship at any time, for any reason, as long as the reason is not illegal or discriminatory.

What privacy rights do employees have in Utah?

Employees in Utah have the right to privacy concerning personal and off-duty conduct. Beyond the protection of genetic information, employers can’t invade an employee's personal privacy without a legitimate business reason. However, employers generally retain rights over workplace-related matters, such as monitoring work emails or workspaces.

Are background checks legal in Utah?

Yes, employers in Utah can conduct background checks on potential employees. However, employers must obtain written consent from the individual before conducting the check and must comply with federal laws, including the Fair Credit Reporting Act.

Are whistleblowers protected in Utah?

Yes, whistleblowers are protected in Utah. The state’s laws prohibit employers from retaliating against employees who report, in good faith, violations of state or federal laws by their employer.

Is workers’ compensation coverage required in Utah?

Yes, most employers in Utah are required to provide workers' compensation coverage. However, there are some exceptions to this rule:

  • Sole proprietors without any employees
  • Some agricultural workers
  • Direct family members of the business owner, provided they're the only employees
  • Certain professional freelance workers, depending on the nature and duration of their contract

Are there required healthcare benefits in Utah?

While the state doesn’t mandate Utah employers to provide healthcare benefits, employers with 50 or more full-time employees must offer health insurance under the federal Affordable Care Act.

Are Utah employers required to provide bereavement leave?

There is no state mandate in Utah requiring employers to offer bereavement leave. However, employers may choose to provide it as part of their benefits package.

What employee protections are available in Utah if layoffs occur?

In Utah, there's no specific state-mandated protection for mass layoffs. However, employers may still be bound by the federal Worker Adjustment and Retraining Notification Act (WARN Act) if they meet specific criteria and plan large-scale layoffs.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.

last edited: February 13, 2024

Author

Carissa Tham

A British Columbia-based tech content strategist and writer, Carissa has lived and worked in Singapore, Taiwan, and Canada. Carissa lends her unique global perspectives to growing Rippling’s brand in the Asia-Pacific region and beyond.