Utah Labor Laws and Lawyers

Utah’s state government has created laws to protect employees from being taken advantage of by their employers. The laws protect employees against unsafe workplaces, improperly low wages, and illegal discrimination. Violations of the law can lead to significant legal disputes, which may require a claim in court to resolve the issues.

What Constitutes Part- or Full-Time Employment in Utah?

Utah does not have any laws governing what constitutes full-time work and what constitutes part-time work. This leaves the question up to company policy. Check with your Human Resources department to verify how the company treats you. This information might also be in your employment contract or an employee handbook.

What Is Utah’s Minimum Wage?

Utah doesn’t set a minimum wage but uses federal minimum wage law. That rate is $7.25 per hour. For employees who are under 20 years old and still within the 90-day training period, the rate is $4.25 per hour. Tipped employees must make at least $2.13 per hour.

Failure to pay employees the proper amount or failure to pay them on time can lead to a wage and hour claim. These are claims that are filed to resolve disputes over payment amounts, wage rates, and other aspects. This is where the court will examine the employer’s pay rates and compare them with federal and state laws to determine if there has been a violation (such as withholding overtime pay from an employee who has qualified for the rate).

If many workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.

A class action suit can be very helpful if the amount of money that you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your lawsuit. By uniting your claims with those of your co-workers, you will share all of the costs of bringing a lawsuit with the members of the group.

Are There Any Legal Restrictions Against Firing, Suspending or Disciplining Employees?

Employers may legally terminate an employee at any time for any reason or for no reason without incurring legal liability. However, an employer may not discriminate against any employee based on the employee’s race, sex, age, religion, color, national origin, or disability. Likewise, an employee is free to leave a job at any time for any reason, with no adverse legal consequences.

Does Utah Have Overtime?

Utah does not have its own laws on overtime; instead,, it follows the federal Fair Labor Standards Act (FLSA). This federal law requires that any hours worked over 40 per week be paid at 1½ times the usual hourly pay rate. Utah also does not have any limits on mandatory overtime. Since there are no limits on overtime, an employer can require an employee to work as many hours as they request.

What Are the Required Health Benefits for Employees in Utah?

Under the United States Affordable Care Act (ACA), all employers with more than 50 employees must provide health insurance. Companies with fewer than 50 employees are not required to provide insurance, but If a company has 25 or fewer employees, the company can get a tax break.

The ACA has essential health benefits that must be offered, such as access to ambulances, prescription drug coverage, and ER services. Utah also has mandatorily required benefits for insurance. Those include coverage for mental health benefits, diabetes coverage, and mastectomy coverage, to name a few.

Does Utah Offer Employment Discrimination Protection?

According to federal laws, an employer cannot discriminate against an employee based on race, color, religion, sex, citizenship status, age, national origin, disability, or genetic information. In Utah, age discrimination only applies to those over 40. Utah also makes it illegal to discriminate based on sexuality, gender identity, AIDS/HIV status, or political and personal beliefs outside of work.

If your employer illegally discriminates against you, then you can file a complaint with the federal agency responsible for preventing discrimination, the Equal Employment Opportunity Commission (EEOC). Otherwise, you can file a complaint with Utah’s anti-discrimination agency, the Utah Antidiscrimination and Labor Division. Both agencies have their own time limits so you should check with a lawyer to ensure you meet all the correct deadlines.

Your employer cannot fire or punish you for starting a discrimination complaint against them. For instance, if you file a complaint with the EEOC, your employer cannot withhold a promotion from you, deny you benefits, demote you, fire you, or take other actions solely in response to you filing the discrimination claim.

If you end up unable to reach a satisfactory conclusion by filing a complaint with an agency, then you have the right to sue your employer. If you go to federal court, your damages are limited by the size of your company. However, if you sue in Utah state court, then your damages are not limited.

An award in Utah state court may include reinstatement into your old job, back pay and benefits, costs, punitive damages, and attorney’s fees. If you win punitive damages worth more than $20,000 (punitive damages are intended to punish your employer for wrongful behavior), half of the punitive damages must go into a state fund.

Does Utah Offer Paid Time Off?

Utah does not require employers to offer paid time off.

There are some requirements concerning unpaid leave, however. If you are a military member, then under federal and Utah law, you can leave your job for active duty or training, and the employer must hold your job open for you. You cannot lose any benefits or seniority for leaving.

Outside of that, Utah employers with more than 50 full-time employees must follow the federal Family and Medical Leave Act (FMLA), but only if they engage in interstate commerce. With FMLA, you can take unpaid leave for up to 12 weeks for illness, pregnancy, childbirth, adoption, or taking care of a sick family member. While you are gone, your company cannot cut off your medical benefits. When you return, your company has to give you back your position.

Where Can I Find a Utah Lawyer to Help Me?

Enforcing your rights as an employee is important, as it can also benefit your co-workers who may have been suffering from the same violations by your employer.

If you think your employer is denying you the basic rights and protections that are guaranteed by federal and state labor laws, contact a Utah labor lawyer today. Your attorney can provide guidance and assistance to fight for your rights.