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[Utah Code Table of Contents]
[TITLE 34. Table of Contents]
34-28-1 Public and certain other employments excepted.
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
34-28-5
shall apply to employers or employees engaged
in farm, dairy, agricultural, viticultural, horticultural
or stock or poultry raising.
1973
34-28-2 Definitions.
As used in this chapter:
(1) "Commission" means the Labor Commission.
(2) "Division" means the Division of Antidiscrimination and Labor.
(3) "Employer" includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this state, and any agent or officer of any of the above-mentioned classes, employing any person in this state.
(4) "Wages" means 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.
1997
34-28-3 Regular paydays - Currency or negotiable checks required - Deposit in financial institution - Statement of total deductions - Unlawful withholding or diversion of wages.
(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.
(b) An employer shall pay for services rendered during each pay period within ten days after the close of that period.
(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.
(d) If an employer hires employees on a yearly salary basis, the employer may pay an employee on a monthly basis by paying on or before the seventh of the month following the month for which services were rendered.
(e) All wages shall be paid in full to the employee:
(i) in lawful money of the United States;
(ii) by checks or drafts on a depository institution, as defined in Section 7-1-103 , convertible into cash on demand at full face value; or
(iii) by electronic transfer to the depository institution designated by the employee.
(2) A person, firm, corporation, agent, or officer 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 any order, check, or draft unless:
(a) it is negotiable and payable in cash, on demand, without discount, at a depository institution; and
(b) the name and address of the depository institution appears on the instrument.
(3) (a) Except as provided in Subsection (3)(b), an employee may refuse to have the employee's wages deposited by electronic transfer under Subsection (1)(e)(iii) by filing a written request with the employer.
(b) An employee may not refuse to have the employee's wages deposited by electronic transfer under Subsection (3)(a) if:
(i) for the calendar year preceding the pay-period for which the employee is being paid, the employer's federal employment tax deposits were equal to or in excess of $250,000; and
(ii) at least two-thirds of the employees of the employer have their wages deposited by electronic transfer.
(c) An employer may not designate a particular depository institution for the exclusive payment or deposit of a check for wages.
(4) If any 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.
(5) It is unlawful for an employer to withhold or divert part of an employee's wages unless:
(a) the employer is required to withhold or divert the wages by:
(i) court order; or
(ii) state or federal law;
(b) the employee expressly authorizes the deduction in writing; or
(c) the employer presents evidence that in the opinion of the hearing officer or the administrative law judge would warrant an offset.
(6) It is unlawful for an employer to require an employee to rebate, refund, offset, or return any part of the wage, salary, or compensation to be paid to the employee except as provided in Subsection (5).
(7) An employer is not prohibited from pursuing legitimate
claims of damages, offsets, or recoupments in a civil action
against an employee.
1998
34-28-4 Notice of paydays - Failure to notify a misdemeanor.
(1) It shall be the duty of every employer to notify his 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 he comes or goes to his place of work.
(2) Failure to post and to keep posted any notice or failure
to give notice as prescribed in this section shall be deemed
a misdemeanor and punishable as such.
1969
34-28-5 Separation from payroll - Resignation - Cessation because of industrial dispute.
(1) (a) Whenever 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.
(b) (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.
(ii) The employee may recover the penalty thus accruing to the employee in a civil action. This action must be commenced within 60 days from the date of separation.
(iii) An employee who has not made a written demand for payment is not entitled to any penalty under Subsection (1)(b).
(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.
(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 34-28-3 , including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of the industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.
(4) This section does not apply to the earnings of a sales
agent employed on a commission basis who has custody of accounts,
money, or goods of the sales agent's principal if the net
amount due the agent is determined only after an audit or
verification of sales, accounts, funds, or stocks.
1995
34-28-6 Dispute over wages - Notice and payment.
In case of a dispute over wages, the employer shall give
written notice to the employee of the amount of wages which
he concedes to be due and shall pay such amount without condition
within the time set by this chapter; but acceptance by the
employee of any such payment made shall not constitute a
release as to the balance of his claim.
1969
34-28-7 Payment at more frequent intervals permitted - Agreements to contravene chapter prohibited unless approved by division.
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.
1996
34-28-9 Enforcement of chapter - Rulemaking authority.
(1) (a) The division shall:
(i) ensure compliance with this chapter;
(ii) investigate any alleged violations of this chapter; and
(iii) determine the validity of any claim for any violation of this chapter filed with it by an employee.
(b) The commission may make rules consistent with this chapter governing wage claims and payment of wages.
(c) The minimum wage claim that the division may accept is $50.
(d) The maximum wage claim that the division may accept is $10,000.
(e) The wage claim shall be filed within one year of the date the wages were earned.
(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.
(b) The division shall:
(i) retain 50% of the money received from the penalty payments for the costs of administering this chapter;
(ii) pay all the sums retained under Subsection (2)(b)(i) to the state treasurer; and
(iii) pay the 50% not retained under Subsection (2)(b)(i) to the employee.
(3) (a) An abstract of any final award may be filed in the office of the clerk of the district court of any county in the state. If so filed, it shall be docketed in the judgment docket of that district court.
(b) The time of the receipt of the abstract shall be noted by the clerk and entered in the judgment docket.
(c) If filed and docketed, the award constitutes a lien from the time of the docketing upon the real property of the employer situated in the county for a period of eight years from the date of the award unless previously satisfied.
(d) Execution may be issued on the award within the same time and in the same manner and with the same effect as if the award were a judgment of the district court.
(4) (a) The commission may employ counsel, appoint a representative, or request the attorney general, or the county attorney for the county in which the plaintiff or the defendant resides, depending on the district in which the final award is docketed, to represent the commission on all appeals and to enforce judgments.
(b) The counsel employed by the commission, the attorney general, or the county representing the commission, shall be awarded:
(i) reasonable attorneys' fees, as specified by the commission; and
(ii) costs for:
(A) appeals when the plaintiff prevails; and
(B) judgment enforcement proceedings.
(5) (a) The commission may enter into reciprocal agreements with the labor department or 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.
(b) The commission may, to the extent provided by any reciprocal agreement entered into under Subsection (5)(a), or by the laws of any other state, maintain actions in the courts of the other states for the collection of any claims for wages, judgments, and other demands and may assign the claims, judgments, and demands to the labor department or agency of any other state for collection to the extent that may be permitted or provided by the laws of that state or by reciprocal agreement.
(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:
(i) the labor department or other 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
(ii) the other state by legislation or reciprocal agreement
extends the same comity to this state.
1997
34-28-10 Employers' records - Inspection by division.
(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.
(b) The employer shall keep the records on file for at least one year after the entry of the record.
(2) The director of the division or the director's designee may enter any place of employment during business hours to inspect the records and to ensure compliance with this section.
(3) 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.
1997
34-28-12 Violations - Misdemeanor.
(1) Any employer who shall violate, or fail to comply with any of the provisions of this chapter shall be guilty of a misdemeanor.
(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 himself 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, shall be guilty of a misdemeanor.
1969
34-28-13 Assignment of wage claims - Powers of division.
(1) The division may take assignments of wage claims, rights of actions for penalties under Section 34-28-5 , mechanics' and other liens of workers and rights of action against sureties, without being bound to any of the technical rules with reference to the validity of the assignments.
(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.
1996
34-28-14 Actions by division as assignee - Costs need not be advanced.
(1) In all actions brought by the division as assignee under Section 34-28-13 , no court costs of any nature shall be required to be advanced nor shall any bond or other security be required from the division in connection with the same.
(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.
(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.
(4) The officer in carrying out the provisions of this subsection shall not be responsible in damages for any wrongful seizure made in good faith.
(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.
(6) Any garnishee defendant shall be required to appear
and make answer in any such action, as required by law, without
having paid to him 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.
1996
34-28-19 Retaliation prohibited - Administrative process - Enforcement - Rulemaking.
(1) (a) An employer violates this chapter if the employer takes an action described in Subsection (1)(b) against an employee because:
(i) the employee files a complaint or testifies in a proceeding relative to the enforcement of this chapter;
(ii) the employee is going to file a complaint or testify in a proceeding relative to the enforcement of this chapter; or
(iii) the employer believes that the employee may file a complaint or testify in any proceeding relative to the enforcement of this chapter.
(b) Subsection (1)(a) applies to the following actions of an employer:
(i) the discharge of an employee;
(ii) the demotion of an employee; or
(iii) any other form of retaliation against an employee in the terms, privileges, or conditions of employment.
(2) (a) An employee claiming to be aggrieved by an action of the employer in violation of Subsection (1) may file with the division a request for agency action.
(b) On receipt of a request for agency action under Subsection (2)(a), the division:
(i) shall conduct an adjudicative proceeding pursuant to Title 63, Chapter 46b, Administrative Procedures Act; and
(ii) may attempt to reach a settlement between the parties through a settlement conference.
(3) If the division determines that a violation has occurred, the division may require the employer to:
(a) cease and desist any retaliatory action;
(b) compensate the employee, which compensation may not exceed reimbursement for, and payment of, lost wages and benefits to the employee; or
(c) do both (3)(a) and (b).
(4) The division may enforce this section in accordance with Subsections 34-28-9 (3) and (4).
(5) In accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, the commission shall adopt rules, as required,
to implement this section.
2003
