Utah Labor Commission's Frequently Asked Questions
Employment of Minors
Employment Discrimination
Housing Discrimination
Workers' Compensation
Self-Insurance (Workers' Compensation)
Workers' Compensation Claims Resolution Conferences
Utah OSHA (UOSH)
Boiler & Elevator Inspection
Street Address: 160 East 300 South, 3rd Floor,
Salt Lake City, UT 84111
801-530-6800
Deductions, Uniforms
Is an employer allowed to make a deduction from an employee's wages for till shortages, cash advances, items purchased from the employer, etc?
Who is responsible to pay the cost of uniforms required by an employer?
Hours Worked
Are there any rules governing being on-call or required non-paid training?
Does an employer have to pay for drive time to and from a job?
When are Wages Due?
How soon must an employer pay wages to an employee after terminating the employment of an employee? How soon if an employee resigns?
What can an employee do if an employer does not pay wages to the employee?
Other Questions
I was fired unfairly. What can I do about it?
Do I have to follow the State or the Federal guidelines?
Minimum Wage and Overtime
What is the current Utah minimum wage?
What are the laws governing overtime?
Breaks, Vacations, Sick Leave and Severance
Is an employer required to provide paid vacation, holiday pay, sick leave or severance pay?
Are employers required to provide rest breaks and meal periods?
The Utah minimum wage is $7.25 per hour. Minor employees (under 18 years of age) may be paid $4.25 per hour, as a training wage, for the first 90 days of employment. Employees receiving tips of at least $30.00 per month may be paid a cash wage of $2.13 per hour, if the total of the cash wage and the tips total at least $7.25 per hour.
If the employee is separated by the employer, all wages are due immediately and payable within 24 hours of separation. If the employee does not have a written contract for a definite period and resigns, the wages become due and payable on the next regular payday. These provisions may not apply to the earnings of a sales agent earning commissions.
In general, Utah labor law does not require an employer to provide benefits to its employees. If an employer does establish a policy or practice of providing benefits they are expected to abide by the policy or practice in a non-discriminatory manner.
Overtime is a provision of the Fair Labor Standards Act. Information on this Federal Law may be obtained from The U.S. Dept. of Labor, Wage and Hour Division, 150 E. Social Hall Avenue, Suite 695, Salt Lake City, Salt Lake City, Utah 84111. Telephone (801) 524-5706 or visit their website: www.wagehour.dol.gov
The Utah Labor Rules address these issues and provide the criteria under which certain deductions may be made from an employee's wages. In most cases an employee's signature is required. Rule R610-3-18.
The employee may file a wage claim against the employer with the Labor Commission. Other options available to the employee include filing an action in small claims court or contacting an attorney. Click here to download a wage claim form.
If an employer requires a specific uniform to be worn as a condition of employment, the employer must furnish the uniform free of charge, but they can require a refundable deposit on the uniform.
Minors, under the age of 18, are entitled to a meal period of at least 30 minutes not later than five hours from the beginning of their shift. A rest break is required for minors of at least 10 minutes for every three hour period or part thereof that is worked. There are no state or federal laws that require an employer to provide lunch breaks or rest periods for adult workers. Most employers in the interest of efficiency and good employee relations will establish a policy governing leave and break periods.
Under Utah Rules, an employer is required to pay an employee for required attendance at training. If an individual employee is required to attend training and is not paid for that time they have the right to file for the unpaid wages as they would any other unpaid wage. On call status is not normally considered work time. However, the FLSA deals with work required while on call and all hours of required travel and work performance are normally subject to overtime pay provisions of the Fair Labor Standards Act. The Wage and Hour Division of the U.S. Department of Labor has references to published position papers on these issues at www.dol.gov
An employee is responsible for getting himself/herself from home to a designated work location and home at night. If an employer sends an employee to a remote work location to perform a job function they are responsible for paying wages for the travel time. An employer is within his right to establish differing rates of pay for drive time as opposed to skilled work time; but it must establish a policy that is understood by employees to avoid claims of unpaid wages. The federal website has discussions regarding drive time rulings that have been made under the FLSA. www.dol.gov
Consult an attorney about a wrongful discharge. The issue of discharge is not addressed in the Utah Labor Code, except that unpaid wages are due within 24 hours. The area of employment discrimination does address illegal and discriminatory discharge; therefore, if you think you have been illegally discriminated against, you may want to contact the Anti-Discrimination Division of the Utah Labor Commission.
Employers must comply with both laws if both laws apply. An employer should examine the guidelines under both State and Federal law and comply with the standard which is the strictest.
Are employers required to provide rest breaks and meal periods?
At what ages are minors allowed to do certain jobs?
Does the State of Utah require work permits for minors?
Minors under the age of 18 are entitled to a meal period of at least 30 minutes not later than five hours from the beginning of their shift. A rest break is required for minors of at least 10 minutes for every three hour period or part thereof that is worked.
Minors can work in retail trade, in the restaurant industry, do office work and do other types of non-hazardous work beginning at age 14. Certain other types of work such as newspaper delivery, lawn care, babysitting, etc. can be performed at younger ages. There are hour restrictions that apply to minors under the age of 16. Child Labor Laws prohibit minors under 18 from working in 17 different occupations determined to be hazardous. For a list of hazardous occupations click here.
Employers in Utah are free to hire a minor without a work permit. The expectation is that employers in employing minors will be complying with the standards concerning age-appropriate jobs, lunches and breaks, and hourly restrictions for minors under age 16. There is a process in the statute where in limited, special circumstances, a request for a work authorization can be made to the Commission if the employment of the minor, such as in the case of a child actor, is going to involve odd work hours or other variances from the normal standards set forth in the statute or rules.
NOTE: There are many areas of agreement between State and Federal child labor law. However, there are some Federal standards that are stricter than Utah law and if the Federal law applies the employer must comply with the stricter requirement. For example, under Federal law 14 and 15 year old minors may not work more than 3 hours on a school day and may not work past 7:00 p.m. from Labor Day to June 1 and past 9:00 p.m. from June 1 to Labor Day. Under Utah state law minors under the age of 16 may work 4 hours on a school day, until 9:30 p.m. year around and after 9:30 p.m. if the next day is not a school day. In this example, employers must comply with the Federal standards. Please visit the U.S. Department of Labor’s website to compare standards at www.dol.gov
What is Utah's Law on disability, FMLA, time-off, discrimination and where can I obtain a copy?
I believe I was fired unfairly. What can I do about it?
Utah has no independent statute on disability determination, FMLA, or paid and/or unpaid time-off. The U.S. Department of Labor website has comprehensive information on these subjects. Utah has a statute on discrimination and it is set out at Utah Code Annotated Section 34A-5-101 et seq. Like Title VII of the Civil Rights Act of 1964, Utah law prohibits discrimination on the basis of race, color, religion, sex, national origin, age or disability. Anyone who believes they have been subject to discrimination on a job has a right to file a charge with the UALD of the Utah Labor Commission.
Consult an attorney about a wrongful discharge private action. The issue of discharge is not addressed in the Utah Labor Code, except that unpaid wages are due within 24 hours. The area of employment discrimination does address illegal and discriminatory discharge; therefore, if you think you have been illegally discriminated against you may want to contact the Anti-Discrimination Division of the Utah Labor Commission.
Occupancy Limits and Children
Are occupancy limits legal?
Are policies that restrict children enforceable?
Can a property owner/manager set a higher deposit for families with children based upon wear and tear that may occur to the apartment?
Can a property owner/manager restrict families with children from renting second and third level apartments?
Housing for Older Tenants
Is there a pre-certification process for meeting the Housing for Older Persons exemption?
Can you advertise an apartment as “mature couple preferred?”
Disabled Tenants
Can a property owner/manager restrict persons with disabilities from renting second and third level apartments?
I am a qualified person with a disability. Can my future landlord ask for a security deposit for my companion animal?
Credit History and Felony Records
Can a property owner/manager ask a potential renter for credit history?
Can a property owner/manager ask whether or not a potential renter has a past felony record?
Other
How can I keep people from filing charges against/suing me?
The Utah Fair Housing Act does not limit the maximum number of occupants permitted to occupy a dwelling. When setting an occupancy policy, landlords should define the occupancy limit in terms of the number of occupants. Limitations on the number of children are in violation of the Fair Housing Act. Current federal fair housing regulations presume that an occupancy standard is no more restrictive than two persons per bedroom to be acceptable. When assessing the “reasonable” standard elements that need to be considered are the size of the room, fire and health codes and any other applicable city regulations. For questions and clarification, contact the Fair Housing Division at the Utah Antidiscrimination and Labor Division.
No. Any rules which limit the rights of families with children violate the Utah Fair Housing Act and are not enforceable. Due to the Fair Housing Act and its amendments, it is no longer lawful to enforce any rules which discriminate on the basis of familial status. This applies to individuals undergoing adoption procedures, foster families and single parents with children.
Neither HUD nor the Division pre-certify housing as exempt under the Housing for Older Persons exemption. New construction projects may elect this designation and must fulfill the occupancy requirements. Existing complexes must meet all of the standards before they can be so designated.
Yes. A property owner/manager may legitimately ask an applicant for verification of credit history, so long as this criterion is applied to all applicants regardless of race, color, sex, national origin, disability, religion, familial status or source of income.
Yes, So long as the criteria is applied consistently to all applicants regardless of race, color, sex, national origin, disability, religion, familial status, or source of income.
No. A property owner/manager cannot set a higher deposit for families with children. Any required deposits must be consistent with what would be imposed if the apartment were rented to persons without children.
No. A property owner cannot restrict a family with children from renting apartments based upon the location of that unit. Individuals should be given an equal opportunity to choose available housing regardless of their race, color, sex, national origin, disability, religion, familial status, or source of income.
No. A property owner must give an individual an opportunity to rent an available unit regardless of that person’s disability. A person should be able to seek housing and choose where they want to live without restrictions based upon that individual’s race, color, sex, national origin, disability, religion, familial status, or source of income.
No. Under the Utah Fair Housing Act, a companion animal is not considered a pet and therefore is not covered by typical rules that allow landlords to ask for pet deposits. Additionally, even in situations where the apartment complex or condo unit does not normally allow tenants to have pets, a companion animal must be allowed to remain with the qualified person with a disability as a required accommodation.
No. Unless a complex has qualified as Housing for Older Persons, this statement would clearly indicate a preference for families without children. Statements that indicate a discriminatory limitation or preference based upon a person’s race, color, sex, national origin, disability, religion, familial status or source of income are in violation of the Utah Fair Housing Act. In addition to liability for the person who places the ad, the newspaper or other publication may also be held liable for placing the discriminatory advertisement.
Good business practices, including record keeping and consistency in application of qualification criteria, community rules, and regulations are a good start to keeping people from filing complaints. Education, awareness, and commitment to abiding by the law are also an essential element of prevention. The purpose of the Fair Housing Act is to provide everyone an equal opportunity to obtain housing. The Fair Housing Laws require that all persons have a right to seek housing based upon their qualifications without regard to their race, color, sex, national origin, disability, religion, familial status (the presence of children under 18), and in Utah, based upon an individual being a recipient of state, local, or federal governmental assistance (source of income.)
If I am hurt on the job, what should I do?
Where can I find answers to workers' compensation questions?
Who pays for workers' compensation insurance?
Report the accident to your employer immediately, no matter how slight. Ask your employer for the name of their workers' compensation insurance carrier and the telephone number.
The Industrial Accidents Division of Utah Labor Commission, has staff available that can assist you with your workers' compensation claim. You can reach our workers' compensation intake staff by calling (801)530-6800 or our toll-free number for those employees outside of the Salt Lake area is (800)530-5090. The Commission also has a written publication available that can help an injured employee through the workers' compensation process. This publication entitled, "Employee's Guide to Workers' Compensation" is free of charge and explains the basic rights and responsibilities of the injured employee. This publication is also available in Spanish.
Your employer pays for your workers' compensation insurance. Workers' compensation is a no-fault system and is the exclusive remedy for a worker who is injured on-the-job. To see if your employer has workers' compensation insurance by clicking here.
What are the requirements to become a self-insured employer for workers' compensation in the state of Utah?
What are the procedures to apply for workers' compensation self-insurance?
If denied self-insurance, can the decision be appealed?
Which employers are self-insured for workers' compensation in the state of Utah?
The employer must have been in business for a period not less than five years. An employer in business less than five years may be considered only if their liability is guaranteed by their parent corporation which has a business history of no less than five years.
If the employer is a subsidiary, then a fully executed "Agreement of Assumption and Guaranty" by the parent, agreeing to indemnify all workers' compensation liability incurred while the subsidiary is self-insured in the state of Utah must be submitted. A division may not be self-insured if the parent company is not.
The Commission may utilize services such as Dun & Bradstreet (D&B) credit ratings for the purpose of evaluating a company's financial ability to pay. The employer will not be considered if they do not fall within the top two D&B ratings on estimated financial strength (5A or 4A), which means the net worth must be $10,000,000 or more.
Call (801) 530-6841 for a self-insurance packet, or write to Self Insurance Coordinator, Utah Labor Commission, Industrial Accidents Division, P. O. Box 146610, Salt lake City, Utah 84114-6610.
The packet includes an application, forms, self-insurance rules and a letter explaining what is required to submit which includes:
$1200.00 application fee (Nonrefundable)
Fully completed application
Most recent certified financial statement
Dun & Bradstreet rating
Profit and loss history
Organizational structure and management background
Compensation loss history
Source and reliability of financial information
Proposed excess insurance coverage
Guarantee by parent company
Proposed surety bond Claims administration
Bankruptcy and Insolvency Endorsement
An annual assessment is imposed on workers' compensation insurance premiums. For self-insured employers, the assessment for workers' compensation purposes is based upon an amount equivalent to premiums, which would be paid by the employer as if insured with the Workers' Compensation Fund of Utah. This assessment is verified and collected by the Utah State Tax Commission. You may reach the Tax Commission at (801) 297-7568.
After considering the application and all supportive data, the Commission will either grant approval or advise the employer in writing of the requirements that must be complied with before an approval can be granted, or reason for denial of the self-insurance. Upon meeting the requirements, an employer will receive a certificate approving their status as a self-insured employer.
A Renewal Application (in PDF format) (in WORD format) must be submitted at least 60 days prior to the expiration date of the certificate to self-insure, along with an annual renewal fee of $650.00. This should also be accompanied by a certified audit report.
Yes, by submitting a petition for hearing with the Adjudication Division of the Utah Labor Commission.
The Labor Commission is not allowed to release information on self-insured employers other than the self-insured employer's name. List of Self-Insured Employers as of March 2010
What is the Claims Resolution Program?
Why Participate in a Claims Resolution Conference?
How does a Claims Resolution Conference Work?
Will the Claimant Be Informed of His/Her Rights?
What are the Claimant's Legal Rights?
What are the Benefits of Claims Resolution Conferences for the Claimant?
How can the Claims Resolution Program Benefit the Employer and Insurance Carrier?
The Claims Resolution Conference program assists in returning injured workers to work and in resolving workers' compensation claims quickly and simply.
Currently, workers' compensation claims issues are resolved at formal hearings before an administrative law judge at the Labor Commission. Under the best of circumstances, these hearings take several months.
The Claims Resolution Program can expedite the resolution of workers' compensation claims to less than four weeks from the time both parties agree to a conference.
The Claims Resolution Conference brings both parties together. Then, with the help of a neutral facilitator, the parties develop solutions for resolving their workers' compensation disputes to the mutual benefit of both parties.
A Conference involves the claimant, employer and insurance carrier. A neutral facilitator trained in mediation assists the parties to evaluate issues of the claim. The facilitator helps the parties communicate their concerns, generate solutions and reach agreement. The facilitator does not impose a decision, but helps the parties move toward a mutually acceptable resolution of their disputes. When a resolution is reached, the neutral facilitator will prepare an agreement for the parties to sign. If no resolution is reached, the claim will proceed to a formal hearing.
Yes. Prior to a Claims Resolution Conference, a workers' compensation Ombudsperson will provide the claimant with pertinent information relating to his/her claim. The purpose of the ombudsperson is to ensure the claimant is informed about his/her rights under the law.
A claimant is entitled to defined benefits under Utah law if an injury or disease is work related. A claimant, by law, has the right to settle or compromise any or all portion of benefits.
Voluntary
Informal
Speedy resolution
Less expensive
Fair and equitable
Informal
Reduces formal hearing backlogs
Cuts administrative costs
Allows settlement flexibility
Can result in lump sum settlements
Reduces actuarial uncertainties
Fair and equitable
Where can I obtain a copy of UOSH rules and regulations, as well as a federal equivalent?
Are there any training programs available for UOSH or OSHA rules and regulations?
If I feel there are hazards in my workplace, what can I do about it?
The Utah Occupational Safety and Health Rules can be located here.
Federal Occupational Safety and Health Standards adopted by Utah can be located here.
Printed copies of the Occupational Safety and Health Code of Federal Regulations (CFR) can be purchased from the Government Printing Office by calling (202) 512-1800 or through the GPO website at http://bookstore.gpo.gov.
Click HERE for Training information.
You can file a complaint with Utah OSHA at:
160 East 300 South
P.O. Box 146650
Salt Lake City, Ut 84114
or call 801-530-6901 or click here to file a complaint on-line.
How do I obtain a State of Utah, Boiler/Pressure Vessel or Elevator Compliance Manual?
What codes are currently being enforced by the Division of Boiler and Elevator Safety?
How can I obtain a list of all the boilers/pressure vessel or elevators currently in-service in the State of Utah?
Who can I talk to about my boiler/elevator installation?
Please visit our Inspector Areas link and locate by County or Zip Code the name of your inspector. Once you have done that you can either click on the inspectors name to send him an email or use the Division Telephone Numbers page to obtain a cell phone or office phone number.