FREQUENTLY ASKED QUESTIONS
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.
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: http://www.dol.gov/whd.
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. 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.
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.
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 at www.dol.gov.
If the employee is separated by the employer, all wages are due immediately and payable within 24 hours of separation. (An exemption exists for employees of the state of Utah.) 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.
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.
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.
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.