The employee-employer relationship in business is designed to be harmonious; both parties are working to benefit one another. Since work provides not only financial stability but also emotional stability to both the employee and the employer when problems arise, they can cause very negative consequences. If a problem does occur, our lawyers at Hepworth Legal are here to help.

Employment law does have strict time limits, and if you feel you are being discriminated against, were wrongfully terminated, or aren’t treated fairly, please contact us today. We will work to defend your rights as an employee or employer. Continue reading to learn more about the employment law in Utah.

Discrimination and Harassment

• The Utah Anti-discrimination Act prohibits discrimination in employment practices because of race, color, religion, sex, sexual orientation, gender identity, and national origin.
• Age Discrimination: It prohibits discrimination by age if the person is 40 years or older.
• Disability Discrimination: It also prohibits discrimination by disability. If the person is able to perform the job
• Wage Discrimination: If employees maintain similar work experience and training, the Utah Anti-discrimination Act prohibits dissimilar pay.
• Job Application Requirements: Job Applications in the state of Utah should not include questions about: sex, sexual orientation, race, skin color, religion, gender identity, age, disability, pregnancy, national origin, or genetic information.
• Job Applicant Rights: An employer can not ask for an applicant’s date of birth, driver’s license, or social security number before offering them a job.

Eligibility to Work

• Employers in the state of Utah are required to establish identity with all employees verifying their eligibility to work. It is illegal for an employer to hire and employ unauthorized aliens knowingly.

Employment at Will

• An employment relationship for an indefinite term in the state of Utah is presumed to be employed at will. In an employment-at-will relationship, it can be terminated by either party at any time unless a contract with a finite time span is written up and signed by both parties.

Require Notices

• Workers’ compensation poster
• Occupational Safety and health poster
• Unemployment insurance notice

Non-compete Agreements & Non-solicitation Agreements

• The Utah Supreme Court has indicated that employee non-solicitation agreements are enforceable if they are to protect a company’s legitimate interest, are reasonably limited in time and geographic area, and are negotiated in good faith. Non-compete agreements entered into between an employer and an employee on or after May 10, 2016, must be limited to one year.

Minimum Wage & Tips

• Per the Utah Minimum Wage Act, the minimum wage in Utah is $7.25 per hour. If an employee is receiving tips of at least $30 per month, they may be paid $2.13 per hour.

Meal and Rest Breaks

• In Utah, employers aren’t required to provide meal or rest breaks to adult employees. If the employer chooses to provide a meal period to employees 18 or older, and the employee is completely relieved of duty, and the mealtime is 30 minutes or longer, it will not be considered paid time. Short rest breaks, usually less than 30 minutes if provided, are considered paid time. Employees under 18 years of age are entitled to a 10-minute break every 4-hour period.

Overtime

• The overtime law comes from the federal Fair Labor Standards Act. It requires that employers pay employees overtime pay at one and a half times the regular rate for all hours worked beyond the standard 40 hours per seven days in a workweek.

Notice of Wages

• The Utah Payment and Wages Act requires that every employer at the time of hiring a new employee communicates how and when they are getting paid each month and their rate of pay.

Final Pay

• When an employee quits or resigns, all wages must be paid by the next pay period. If an employee is terminated by the employer, they should be paid immediately within 24 hours of termination.

All safety laws should follow the federal OSHA Standards and are administered by the Utah Occupational Safety and Health Division. Work-related fatalities, serious injuries, and imminent danger situations can be reported to UOSH 24/7 by calling (801) 530-6901.

As an employer, you are required to:

• Keep records of work-related injuries and illnesses.
• Do routine check-ups to ensure that all employees are using tools safely, and the equipment is maintained correctly.
• Establish operating & safety procedures and communicate them to employees.
• Use labels, posters, or color codes to warn employees of potential hazards.
• Adopt an injury and illness prevention program. Though not required, it is encouraged by OSHA.