🇺🇸 Utah EMPLOYMENT LAW — 2026 UPDATE

Utah Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 15, 2026
Last Reviewed: January 15, 2026
Applicable Period: 2026
Jurisdiction: State of Utah, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Utah Labor Law 2026

Table of Contents

Introduction

Utah employment law establishes the legal framework governing workplace relationships between employers and employees throughout the state. This comprehensive guide covers employment rights, employer obligations, anti-discrimination protections, wage requirements, and complaint procedures under both Utah state law and applicable federal regulations.

Utah’s employment law framework combines state statutes administered by the Utah Labor Commission with federal protections enforced by agencies including the U.S. Department of Labor and the Equal Employment Opportunity Commission. The state’s approach emphasizes workplace flexibility while maintaining core protections for employees across industries.

What This Guide Covers

This guide provides detailed information on:

  • At-will employment doctrine and exceptions in Utah
  • State and federal minimum wage and overtime requirements
  • Anti-discrimination laws and protected classes under Utah law
  • Reasonable accommodation obligations for disabilities, pregnancy, and religion
  • Employer compliance requirements and workplace posting obligations
  • Procedures for filing wage claims and discrimination complaints
  • Remote work considerations under Utah employment law
  • 2026 legislative updates affecting Utah workplaces

Dual Audience: Employees and Employers

This guide serves both employees seeking to understand their workplace rights and employers working to maintain legal compliance. Information is presented factually to help both parties understand their respective rights and obligations under Utah law.

Official Sources

All information in this guide is compiled from official government sources, including:

  • Utah Code Annotated (Title 34 and Title 34A)
  • Utah Administrative Code (Rules R610, R614)
  • Utah Labor Commission official guidance and publications
  • Federal statutes including the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA)
  • U.S. Department of Labor and Equal Employment Opportunity Commission guidance

2026 Updates

This guide reflects Utah employment law as of January 2026. Utah’s minimum wage remains aligned with the federal minimum wage of $7.25 per hour. The Utah Antidiscrimination Act continues to prohibit employment discrimination based on race, color, sex, pregnancy, age (40 or over), national origin, disability, religion, sexual orientation, and gender identity.

Employment Law Framework in Utah

2.1 At-Will Employment Doctrine

Utah follows the at-will employment doctrine, which governs the default relationship between employers and employees in the state. Understanding this doctrine is fundamental to understanding employment relationships in Utah.

What is At-Will Employment?

At-will employment means that either the employer or employee may terminate the employment relationship at any time, for any reason, or for no reason at all, with or without notice, unless a specific exception applies.

Statutory Basis:

Utah law does not codify the at-will employment doctrine in a single comprehensive statute. Instead, the doctrine is recognized through Utah common law and the absence of statutory requirements for cause-based termination for most private sector employees.

According to Utah Code § 34-34-2, Utah’s public policy declares:

“It is hereby declared to be the public policy of the state that the right of persons to work, whether in private employment or for the state, its counties, cities, school districts, or other political subdivisions, may not be denied or abridged on account of membership or nonmembership in any labor union, labor organization or any other type of association; and further, that the right to live includes the right to work. The exercise of the right to work shall be protected and maintained free from undue restraints and coercion.”

Source: Utah Code § 34-34-2
Citation: Utah Right to Work Law
Official text: https://le.utah.gov/xcode/Title34/Chapter34/34-34-S2.html
Last amended: 2011

What At-Will Employment Means for Employees

Under at-will employment, employees have the right to:

  • Resign from their position at any time without providing advance notice (unless contractually obligated)
  • Leave employment for any reason or no reason
  • Seek other employment opportunities without restriction (unless bound by a valid non-compete agreement)

However, at-will employment also means:

  • Employers may terminate employment without advance notice (subject to exceptions)
  • No guarantee of continued employment exists without a contract
  • Employment may end for any lawful reason or no reason at all

What At-Will Employment Means for Employers

Employers in Utah generally have the right to:

  • Terminate employees without cause (subject to exceptions)
  • Set terms and conditions of employment
  • Modify workplace policies and procedures
  • Restructure positions or eliminate jobs

However, employers’ at-will rights are limited by statutory exceptions and cannot be used to violate employee rights.

Major Exceptions to At-Will Employment

While Utah recognizes at-will employment as the default rule, several important exceptions limit employers’ ability to terminate employees:

1. Statutory Exceptions

Utah and federal law prohibit termination for specific protected reasons:

Discrimination Protections:

According to Utah Code § 34A-5-106(1)(a)(i), employers may not terminate employees based on protected characteristics:

“An employer may not refuse to hire, promote, discharge, demote, or terminate a person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified, because of: (A) race; (B) color; (C) sex; (D) pregnancy, childbirth, or pregnancy-related conditions; (E) age, if the individual is 40 years of age or older; (F) religion; (G) national origin; (H) disability; (I) sexual orientation; or (J) gender identity.”

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-106(1)(a)(i)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html
Last amended: 2021

Retaliation Protections:

Utah law prohibits retaliation against employees for:

  • Filing wage claims with the Utah Labor Commission
  • Reporting workplace safety violations
  • Participating in discrimination investigations
  • Exercising rights under workers’ compensation laws

According to the Utah Labor Commission regarding wage claims:

“The law also makes it illegal for an employer to retaliate against an employee for filing a complaint with UALD.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026

Whistleblower Protections for Public Employees:

Utah Code Title 67, Chapter 21 (Utah Protection of Public Employees Act) protects public sector employees who report violations of law, rule, or regulation.

Source: Utah Code § 67-21-3
Official text: https://le.utah.gov/xcode/Title67/Chapter21/67-21-S3.html

2. Contractual Exceptions

Employment contracts may modify the at-will relationship. Written employment agreements, collective bargaining agreements, or employee handbooks may establish:

  • Specific termination procedures
  • Good cause requirements for termination
  • Notice periods before termination
  • Progressive discipline processes

When such contracts exist, employers must follow the agreed-upon terms.

3. Implied Contract Exception

Utah courts have recognized that employer policies, handbooks, or oral representations may create an implied contract that modifies at-will employment. However, Utah law allows employers to preserve at-will status through clear written disclaimers.

4. Public Policy Exception

Utah recognizes a public policy exception to at-will employment. Employers cannot terminate employees for reasons that violate clear public policy, such as:

  • Refusing to commit an illegal act
  • Performing a legal duty
  • Exercising a legal right

Workers’ Compensation Exclusive Remedy

Utah’s Workers’ Compensation system provides the exclusive remedy for workplace injuries, which affects at-will employment rights.

According to Utah Code § 34A-2-105:

“The right to recover compensation pursuant to this chapter for injuries sustained by an employee, whether resulting in death or not, is the exclusive remedy against the employer and is in place of any and all other civil liability whatsoever, at common law or otherwise, to the employee or to the employee’s spouse, widow, children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other person whomsoever, on account of any accident or injury or death, in any way contracted, sustained, aggravated, or incurred by the employee in the course of or because of or arising out of the employee’s employment, and an action at law may not be maintained against an employer or against any officer, agent, or employee of the employer based upon any accident, injury, or death of an employee.”

Source: Utah Workers’ Compensation Act
Citation: Utah Code § 34A-2-105
Official text: https://le.utah.gov/xcode/Title34A/Chapter2/34A-2-S105.html


2.2 Labor Law vs Employment Law

Understanding the distinction between labor law and employment law is essential for navigating workplace rights and obligations in Utah.

Employment Law: The Broader Framework

Employment law encompasses the comprehensive legal framework governing the relationship between employers and individual employees. Employment law covers:

  • Wage and hour requirements
  • Workplace safety regulations
  • Anti-discrimination protections
  • Reasonable accommodation obligations
  • Leave and benefits regulations
  • Hiring and termination standards
  • Workplace privacy rights

Institutional Framework:

Utah employment law is primarily administered by:

  • Utah Labor Commission – State agency enforcing employment statutes
  • Utah Antidiscrimination and Labor Division (UALD) – Handles discrimination complaints and wage claims
  • Federal agencies – U.S. Department of Labor, EEOC, OSHA

Primary Utah Statutes:

Employment law in Utah is codified primarily in:

  • Utah Code Title 34 – Labor in General (Chapters 19-46)
  • Utah Code Title 34A – Utah Labor Code (Chapters 1-11)

According to official Utah legislative documentation:

“UCA Title 34, chapters 19 through 46 are devoted to general labor laws as they apply to employers and employees. These provisions cover such things as employment relations, payment of wages and minimum wages. UCA Title 34A, chapters 1 through 11 cover regulatory authorizations of the Labor Commission and include the Labor Commission Act, Workers’ Compensation Act, Utah Occupational Disease Act, Hospital and Medical Service for Disabled Miners, Utah Antidiscrimination Act, Utah Occupational Safety and Health Act, Safety, and the Utah Injured Worker Reemployment Act.”

Source: Utah Legislature COBI 2015 – Labor Commission
Available at: https://le.utah.gov/lfa/reports/cobiTest/agcy_660.htm

Labor Law: The Subset Focused on Collective Rights

Labor law is a subset of employment law that specifically addresses:

  • Union organizing and collective bargaining
  • Labor-management relations
  • Collective bargaining agreements
  • Union representation rights
  • Strikes and work stoppages
  • Unfair labor practices

Primary Utah Statute:

Utah Code Title 34, Chapter 19 governs labor disputes and collective bargaining relationships.

According to Utah Code § 34-19-2, Utah’s public policy regarding labor relations states:

“In the interpretation and application of this chapter, the public policy of this state is declared as follows: Industrial peace and stability can best be achieved through the determination by individual employees of the question whether or not they desire representation for purposes of collective bargaining and, if so, the selection by them of the organization which is to be their collective bargaining representative.”

Source: Utah Code Title 34, Chapter 19
Citation: Labor Disputes Act
Official text: https://le.utah.gov/xcode/Title34/Chapter19/

When Each Applies

Employment Law applies to:

  • All Utah employers and employees (subject to coverage thresholds)
  • Minimum wage and overtime disputes
  • Discrimination and harassment complaints
  • Workplace safety violations
  • Wage payment disputes
  • Accommodation requests

Labor Law applies to:

  • Workplaces with union representation
  • Union organizing campaigns
  • Collective bargaining negotiations
  • Labor disputes and strikes
  • Unfair labor practice charges

Many Utah workplaces are governed primarily by employment law rather than labor law, as union representation is less common in Utah compared to some other states.

2.3 Right-to-Work Status

Utah is a right-to-work state, which significantly affects labor relations and union membership requirements.

What Right-to-Work Means

Right-to-work laws prohibit agreements between employers and labor unions that make union membership or payment of union dues a condition of employment.

Statutory Authority:

Utah Code Title 34, Chapter 34 is known as the “Utah Right to Work Law.”

According to Utah Code § 34-34-1:

“This chapter shall be known and may be cited as the ‘Utah Right to Work Law.'”

Source: Utah Code § 34-34-1
Official text: https://le.utah.gov/xcode/Title34/Chapter34/34-34-S1.html
Enacted: 1969

Public Policy Declaration

According to Utah Code § 34-34-2:

“It is hereby declared to be the public policy of the state that the right of persons to work, whether in private employment or for the state, its counties, cities, school districts, or other political subdivisions, may not be denied or abridged on account of membership or nonmembership in any labor union, labor organization or any other type of association; and further, that the right to live includes the right to work. The exercise of the right to work shall be protected and maintained free from undue restraints and coercion.”

Source: Utah Code § 34-34-2
Official text: https://le.utah.gov/xcode/Title34/Chapter34/34-34-S2.html
Last amended: 2011

What is Prohibited Under Utah’s Right-to-Work Law

Utah Code § 34-34-4 prohibits:

  1. Denying employment based on union membership or non-membership
  2. Requiring union membership as a condition of employment
  3. Requiring payment of union dues as a condition of employment
  4. Agreements that compel employees to join or not join unions

Any agreement, contract, understanding, or practice that requires union membership or dues payment as a condition of employment is declared illegal and contrary to public policy in Utah.

Source: Utah Code § 34-34-4
Official text: https://le.utah.gov/xcode/Title34/Chapter34/34-34-S4.html

Rights Protected

Under Utah’s Right-to-Work Law, employees have the right to:

  • Seek and maintain employment without joining a union
  • Choose whether or not to join a union
  • Refuse to pay union dues or fees
  • Work in unionized workplaces without union membership

Employers have the obligation to:

  • Not discriminate based on union membership status
  • Not require union membership as a condition of employment
  • Not deduct union dues without employee consent

Enforcement and Remedies

According to Utah Code § 34-34-6:

“Any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association injured as a result of any violation or threatened violation of any provision of this chapter, or threatened with any such violation shall be entitled to injunctive relief against any and all violators or persons threatening violation and also to recover from such violator or violators, or person or persons, any and all damages of any character cognizable at common law resulting from such violations or threatened violations.”

Source: Utah Code § 34-34-6
Official text: https://le.utah.gov/xcode/Title34/Chapter34/34-34-S6.html

Interaction with Federal Law

Utah’s Right-to-Work Law operates within the framework of federal labor law, specifically Section 14(b) of the National Labor Relations Act, which allows states to enact right-to-work legislation prohibiting union security agreements.

Right-to-work status does not eliminate:

  • The right to form or join unions
  • Collective bargaining rights under the NLRA
  • Union representation in workplaces where employees vote for representation
  • Federal labor law protections

Employee Rights in Utah

3.1 Minimum Wage Requirements

Utah’s minimum wage law establishes the minimum hourly wage that employers must pay to covered employees.

Current Utah Minimum Wage (2026)

Utah minimum wage: $7.25 per hour

Utah’s minimum wage is equal to the federal minimum wage. Utah law ties the state minimum wage to the federal minimum wage established under the Fair Labor Standards Act.

Statutory Authority:

According to Utah Code § 34-40-103(1):

“Effective July 1, 2007, and subject to Subsection (3), the minimum wage for all private and public employees within the state shall be the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq.”

Subsection (3) provides:

“(a) The commission may review the minimum wage at any time. (b) The commission shall review the minimum wage whenever the federal minimum wage is changed.”

Source: Utah Minimum Wage Act
Citation: Utah Code § 34-40-103
Official text: https://le.utah.gov/xcode/Title34/Chapter40/34-40-S103.html
Last amended: 2007

Federal Minimum Wage:

The current federal minimum wage is $7.25 per hour, established under the Fair Labor Standards Act, 29 U.S.C. § 206.

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 206(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
Last increased: July 24, 2009

According to the Utah Labor Commission:

“The minimum wage in Utah is $7.25 per hour.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026

Coverage

The Utah Minimum Wage Act applies to employers and employees throughout Utah, subject to specific exemptions outlined in Utah Code § 34-40-104.

According to Utah Code § 34-40-102:

“Subject to Subsection (3), this chapter and the terms used in this chapter, including the computation of wages, shall be interpreted consistently with the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., as amended, to the extent that act relates to the payment of a minimum wage.”

Source: Utah Code § 34-40-102
Official text: https://le.utah.gov/xcode/Title34/Chapter40/34-40-S102.html

Tipped Employees

Utah allows employers to pay tipped employees a reduced cash wage, with tips counted toward meeting the minimum wage requirement.

Cash wage obligation: $2.13 per hour

According to the Utah Labor Commission:

“Tipped employees (adults and minors) may be paid $2.13 per hour, but only so long as the tips they earn, in addition to the base wage paid, combined are equal to or exceed the minimum wage.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026

Regulatory Authority:

The Utah Labor Commission establishes the cash wage obligation through administrative rules.

Source: Utah Administrative Code R610-1
Subject: Minimum Wage, Clarify Tip Credit, and Enforcement

Training Wage for Minors

Utah allows employers to pay a reduced training wage to employees under 18 years of age during their first 90 days of employment.

Training wage: $4.25 per hour for first 90 days

According to the Utah Labor Commission:

“Minors under the age of 18 must be paid minimum wage; however, an employer may pay a minor $4.25 per hour during the first 90 days of their employment.”

After 90 days, employers must pay at least the full minimum wage of $7.25 per hour.

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026

Regulatory Authority:

According to the Utah Labor Commission document on minimum wage:

“Wages – Employers may pay a training wage of $4.25 per hour during the first 90 days of employment, after which they must pay at least the minimum wage of $7.25 per hour.”

Source: Utah Department of Workforce Services
Document: Overtime Pay and Minimum Wage Information
Available at: https://jobs.utah.gov/employer/business/resource/minwage.pdf

Exemptions from Minimum Wage

Utah Code § 34-40-104 identifies specific categories of employees exempt from the minimum wage requirement.

According to Utah Code § 34-40-104(1), the minimum wage established in the Utah Minimum Wage Act does not apply to:

  • Outside sales persons
  • Employees who are members of the employer’s immediate family
  • Companionship services for persons who, because of age or infirmity, are unable to care for themselves
  • Seasonal employees of nonprofit camping programs, religious or recreation programs, and nonprofit educational and charitable organizations
  • Certain agricultural employees meeting specific criteria
  • Certain seasonal amusement establishment employees

Source: Utah Code § 34-40-104
Official text: https://le.utah.gov/xcode/Title34/Chapter40/34-40-S104.html

Federal Exemptions:

Employees entitled to minimum wage under the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) are covered by federal law rather than the Utah Minimum Wage Act.

Local Minimum Wage Restrictions

Utah law prohibits cities, towns, and counties from establishing minimum wages that exceed the state minimum wage.

According to Utah Code § 34-40-106(1):

“A city, town, or county may not establish, mandate, or require a minimum wage that exceeds the federal minimum wage as provided in 29 U.S.C. 201 et seq., Fair Labor Standards Act of 1938, as amended, or the minimum wage described in Section 34-40-103.”

Source: Utah Code § 34-40-106
Official text: https://le.utah.gov/xcode/Title34/Chapter40/34-40-S106.html

This prohibition means no city or county in Utah can enact a local minimum wage ordinance higher than $7.25 per hour.


3.2 Overtime Pay

Utah does not have a state-specific overtime law. Overtime pay requirements for Utah employees are governed exclusively by federal law under the Fair Labor Standards Act (FLSA).

No State Overtime Law

According to the Utah Labor Commission:

“The State of Utah has no overtime law. You should contact the U.S. Department of Labor at (801) 524-5706 about filing an overtime claim.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026

Federal Overtime Requirements Apply

Utah employees covered by the Fair Labor Standards Act are entitled to overtime pay under federal law.

Federal overtime requirement:

According to the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Key Federal Overtime Provisions:

  • Overtime rate: 1.5 times the employee’s regular rate of pay
  • Overtime threshold: Hours worked beyond 40 in a workweek
  • Workweek definition: A fixed and regularly recurring period of 168 hours (seven consecutive 24-hour periods)

FLSA Coverage

The FLSA covers:

  • Employees of enterprises with annual gross volume of sales or business of at least $500,000
  • Employees engaged in interstate commerce or production of goods for interstate commerce
  • Employees of hospitals, institutions caring for the sick, aged, or mentally ill
  • Employees of schools (preschool through college)
  • Employees of public agencies

Exempt Employees

Certain employees are exempt from FLSA overtime requirements, including:

  • Executive, administrative, and professional employees (meeting specific salary and duties tests)
  • Outside sales employees
  • Certain computer employees
  • Certain highly compensated employees

Current federal salary threshold for exemption: $684 per week ($35,568 annually)

Source: U.S. Department of Labor
Regulation: 29 C.F.R. § 541
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Enforcement

Overtime violations in Utah are enforced through:

Federal enforcement:

  • U.S. Department of Labor, Wage and Hour Division
  • File complaints online or contact local office

U.S. Department of Labor, Salt Lake City Office:

Source: U.S. Department of Labor
Office locator: https://www.dol.gov/agencies/whd/contact/local-offices


3.3 Meal and Rest Breaks

Utah does not require employers to provide meal breaks or rest breaks to adult employees.

No State Law Requirement

Search conducted:

  • Utah Legislature website: https://le.utah.gov/
  • Utah Labor Commission website: https://laborcommission.utah.gov/
  • Search terms: “meal break”, “rest break”, “employee breaks”, “lunch break”
  • Date: January 16, 2026
  • Result: No Utah statute requires meal or rest breaks for adult employees

According to the Utah Labor Commission wage claim information:

“Hours employed includes all time during which an employee is required to be working, to be on the employer’s premises ready to work, to be on duty, to be at a prescribed work place, to attend a meeting or training, and for time used during established rest or break periods excluding meal periods of 30 minutes or more where the employee is relieved of all responsibilities.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Citation: Utah Administrative Code R610-3-2(H)
Verified: January 16, 2026

This definition clarifies that if employers provide breaks, certain breaks are compensable work time, but does not mandate break provision.

Federal Law

Federal law also does not require meal or rest breaks for adult employees.

According to the U.S. Department of Labor:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Verified: January 16, 2026

Compensability of Breaks if Provided

While Utah does not require breaks, if employers choose to provide breaks:

Short breaks (typically 5-20 minutes):

  • Generally must be paid as working time under federal law
  • Included in hours worked for overtime calculations

Meal periods (typically 30 minutes or more):

  • May be unpaid if the employee is completely relieved of duties
  • Employee must be free to leave the work area

On-call time:

  • Compensable if employee must remain on employer’s premises ready to work

Special Rules for Minors

Utah’s Employment of Minors Act may contain specific provisions for minors, but does not establish meal break requirements for adult employees.

Source: Utah Code § 34-23-101 et seq.
Official text: https://le.utah.gov/xcode/Title34/Chapter23/

Employer Policies

In the absence of state or federal requirements, meal and rest break policies are determined by:

  • Employer policy as stated in employee handbooks
  • Employment contracts
  • Collective bargaining agreements (if applicable)
  • Industry standards and practices

Employers who establish break policies must apply them consistently and in a non-discriminatory manner.


3.4 Payment of Wages

Utah’s Payment of Wages Act establishes requirements for how and when employers must pay wages to employees.

Statutory Framework

Primary statute: Utah Code Title 34, Chapter 28 – Payment of Wages Act

According to the Utah Labor Commission:

“The Utah Payment of Wages Act outlines the requirements employers must follow with respect to paying wages to employees. The Utah Payment of Wages Act also specifies an employer’s responsibilities regarding paydays, final paychecks, electronic payroll deposits, lawful deductions, wage disputes, and payroll records.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Statutory citation: Utah Code § 34-28-1 et seq.
Official text: https://le.utah.gov/xcode/Title34/Chapter28/

What Constitutes Wages

Utah law defines compensable work time broadly. According to Utah Administrative Code R610-3-2(H):

“Hours employed includes all time during which an employee is required to be working, to be on the employer’s premises ready to work, to be on duty, to be at a prescribed work place, to attend a meeting or training, and for time used during established rest or break periods excluding meal periods of 30 minutes or more where the employee is relieved of all responsibilities.”

Wages are owed for all hours employed.

Source: Utah Labor Commission
Citation: Utah Administrative Code R610-3-2(H)
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/

Regular Payday Requirements

Utah law requires employers to establish regular paydays and pay employees at least semi-monthly.

According to Utah Code § 34-28-2:

Employers must pay wages to employees:

  • At least twice per month on designated paydays
  • No later than 10 days following the close of the pay period

Source: Utah Code § 34-28-2
Official text: https://le.utah.gov/xcode/Title34/Chapter28/34-28-S2.html

Payment Method

Employers may pay wages by:

  • Cash
  • Check or draft
  • Electronic funds transfer (with employee consent)

Electronic payment requirements:

If paying by electronic transfer:

  • Employer must obtain employee’s written or electronic consent
  • At least two-thirds of the employer’s employees must have wages deposited by electronic transfer
  • Employer may not designate a particular depository institution for exclusive payment

Source: Utah Code § 34-28-2.1
Official text: https://le.utah.gov/xcode/Title34/Chapter28/34-28-S2_1.html

Wage Statement Requirements

According to Utah Code § 34-28-2.2, employers must provide employees with a written or electronic pay statement on each regular payday that states:

  • Name of employee
  • Pay period dates
  • Number of hours worked (if applicable)
  • Rate of pay
  • Gross wages
  • Itemized deductions
  • Net wages

If deductions are made from wages, the employer must furnish the employee with a statement showing the total amount of each deduction.

Source: Utah Code § 34-28-2.2
Official text: https://le.utah.gov/xcode/Title34/Chapter28/34-28-S2_2.html

Lawful Deductions

Utah law specifies which deductions employers may make from employee wages.

According to Utah Administrative Code R610-3-18, employers may make deductions for:

  • Legally required deductions (taxes, court orders, etc.)
  • Deductions authorized in writing by the employee
  • Deductions for benefit programs (insurance, retirement, etc.) with employee consent

Source: Utah Labor Commission
Citation: Utah Administrative Code R610-3-18
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/

According to the Utah Labor Commission:

“Is an employer allowed to make a deduction from an employee’s wages for till shortages, cash advances, items purchased from the employer, etc.? 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.”

Source: Utah Labor Commission, Wage Claim Division
Citation: Utah Administrative Code R610-3-18
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/

Travel Time Compensation

According to the Utah Labor Commission:

Commute time:

“An employee is responsible for getting himself/herself from home to a designated work location and home at night.”

Commute time between home and regular workplace is generally not compensable.

Travel during work:

“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.”

Travel time during the workday to perform job duties is compensable.

“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.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026


3.5 Final Paycheck Requirements

Utah law establishes specific timeframes for payment of final wages when employment ends.

Timing Requirements

According to Utah Code § 34-28-5:

For voluntary resignation: Employers must pay all wages due within 24 hours of the time the employee demands payment.

For termination/discharge: Employers must pay all wages due immediately upon termination, unless terminated on a day the employer’s office is not open, in which case payment is due the next day the office is open.

Source: Utah Code § 34-28-5
Official text: https://le.utah.gov/xcode/Title34/Chapter28/34-28-S5.html

Practical application:

  • If an employee quits and demands payment immediately, the employer has 24 hours to pay
  • If an employee is terminated, wages are due immediately or the next business day
  • “Immediately” means before the employee leaves the premises or by the end of the business day

What Must Be Included

Final paychecks must include:

  • All wages earned through the last day worked
  • Accrued vacation pay (if company policy provides for payout)
  • Commission or bonuses earned (according to applicable agreement or policy)

Unused Vacation and PTO

Utah does not have a statute requiring payout of unused vacation time. Whether unused vacation or PTO must be paid upon termination depends on:

  • Company policy as stated in employee handbook
  • Employment contract terms
  • Past practice consistently applied

If an employer’s written policy provides for vacation payout, the employer must comply with that policy. If the policy states vacation is forfeited upon termination, generally the employer need not pay it out.

Penalties for Late Payment

Employees who do not receive their final paycheck within the required timeframe may file a wage claim with the Utah Labor Commission.

According to Utah Code § 34-28-10, if an employer willfully fails to pay wages when due, the employer may be subject to:

  • Payment of unpaid wages
  • Civil penalties
  • Potential criminal penalties for intentional violations

Source: Utah Code § 34-28-10
Official text: https://le.utah.gov/xcode/Title34/Chapter28/34-28-S10.html

How Employees Can Obtain Unpaid Wages

According to the Utah Labor Commission:

“What can an employee do if an employer does not pay wages to the employee? 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.”

To file a wage claim:

“To file a wage claim, you must obtain and complete a Wage Claim Assignment Form. You may download a form from our website. If you prefer, you can contact the Division by phone or in person to obtain the Form, or if you need help completing the form.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Wage Claim Form: Available on Utah Labor Commission website
Verified: January 16, 2026

Discrimination Laws in Utah

4.1 Overview of Anti-Discrimination Framework

Utah’s anti-discrimination framework combines state protections under the Utah Antidiscrimination Act with federal civil rights laws to prohibit employment discrimination based on protected characteristics.

Primary State Law: Utah Antidiscrimination Act

The Utah Antidiscrimination Act, codified in Utah Code Title 34A, Chapter 5, establishes comprehensive protections against employment discrimination in Utah.

According to Utah Code § 34A-5-101:

“This chapter is known as the ‘Utah Antidiscrimination Act.'”

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-101
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S101.html

Enforcement Agency

The Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commission administers and enforces the Utah Antidiscrimination Act.

According to the Utah Labor Commission:

“The Utah Antidiscrimination and Labor Division’s (UALD) employment discrimination focus is to administer and enforce the Utah Antidiscrimination Act, Utah Code Ann. §34A-5-101 et seq.”

Mission statement:

“Investigate and resolve employment and housing discrimination complaints and enforce Utah’s minimum wage, wage payment requirements and laws which protect youth in employment.”

Source: Utah Labor Commission, UALD Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/
Verified: January 16, 2026

Federal Law Coordination

Utah law operates alongside federal anti-discrimination statutes, including:

  • Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) – Prohibits discrimination based on race, color, religion, sex, and national origin
  • Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 621 et seq.) – Prohibits age discrimination against individuals 40 and older
  • Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.) – Prohibits disability discrimination
  • Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. § 2000ff et seq.) – Prohibits genetic information discrimination
  • Pregnancy Discrimination Act – Amendment to Title VII prohibiting pregnancy discrimination

Employees may file charges with both the Utah Antidiscrimination and Labor Division and the federal Equal Employment Opportunity Commission (EEOC). The agencies have work-sharing agreements to avoid duplicate investigations.

Scope of Protection

The Utah Antidiscrimination Act prohibits discrimination in all aspects of employment, including:

  • Hiring and recruitment
  • Promotion and advancement
  • Compensation and benefits
  • Training opportunities
  • Job assignments
  • Discipline
  • Termination
  • Terms, conditions, and privileges of employment

4.2 Protected Classes Under Utah Law

Utah law prohibits employment discrimination based on specific protected characteristics. Utah’s protected classes include both state-specific protections and alignment with federal law.

Complete List of Protected Classes in Utah

According to Utah Code § 34A-5-106(1)(a)(i), employers may not discriminate in employment based on:

  1. Race
  2. Color
  3. Sex
  4. Pregnancy, childbirth, or pregnancy-related conditions
  5. Age (if the individual is 40 years of age or older)
  6. Religion
  7. National origin
  8. Disability
  9. Sexual orientation
  10. Gender identity

Statutory text:

“An employer may not refuse to hire, promote, discharge, demote, or terminate a person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified, because of: (A) race; (B) color; (C) sex; (D) pregnancy, childbirth, or pregnancy-related conditions; (E) age, if the individual is 40 years of age or older; (F) religion; (G) national origin; (H) disability; (I) sexual orientation; or (J) gender identity.”

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-106(1)(a)(i)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html
Last amended: 2021

Utah Labor Commission Summary

According to the Utah Labor Commission:

“The Utah Antidiscrimination Act prohibits employment discrimination on the basis of race, color, religion, sex, age (40 or over), national origin, disability, sexual orientation, gender identity, pregnancy, childbirth or pregnancy-related conditions.”

Source: Utah Labor Commission, Employment Discrimination
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/employment-discrimination/
Verified: January 16, 2026

Detailed Explanation of Protected Classes

Race: Discrimination based on race includes discrimination because of an individual’s race, as well as characteristics associated with race such as hair texture, skin color, or facial features.

Color: Discrimination based on color refers to discrimination based on skin color or complexion, which may occur within the same racial group.

Sex: Sex discrimination includes discrimination based on biological sex (male or female), gender, and sex-based stereotypes. This protection also encompasses sexual harassment.

Pregnancy, childbirth, or pregnancy-related conditions: Utah law specifically identifies pregnancy discrimination as a separate protected category. This includes discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.

Age (40 or over): Age discrimination protections apply to individuals who are 40 years of age or older. Younger workers are not protected under age discrimination laws.

Religion: Religious discrimination includes discrimination based on religious beliefs, practices, and observance. Employers must provide reasonable accommodation for religious practices unless doing so would cause undue hardship.

National origin: National origin discrimination includes discrimination based on an individual’s place of birth, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

Disability: Disability discrimination protections cover individuals with physical or mental impairments that substantially limit one or more major life activities, individuals with a record of such impairment, or individuals regarded as having such impairment.

Sexual orientation: According to Utah Code § 34A-5-102(23), sexual orientation is defined as:

“Sexual orientation” means an individual’s actual or perceived orientation as heterosexual, homosexual, or bisexual.”

Utah added sexual orientation as a protected class in 2015.

Source: Utah Code § 34A-5-102(23)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S102.html
Added: 2015

Gender identity: According to Utah Code § 34A-5-102(10), gender identity is defined as:

“Gender identity” means an individual’s actual or perceived gender identity, including a person’s gender-related appearance, expression, or behavior, whether or not that appearance, expression, or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.”

Utah added gender identity as a protected class in 2015.

Source: Utah Code § 34A-5-102(10)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S102.html
Added: 2015 (amended 2021)

Federal Protected Classes

Federal law provides additional protections that apply to Utah employers:

Under Title VII of the Civil Rights Act (42 U.S.C. § 2000e-2):

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, and gender identity per EEOC interpretation)
  • National origin

Under Age Discrimination in Employment Act (29 U.S.C. § 623):

  • Age (40 and over)

Under Americans with Disabilities Act (42 U.S.C. § 12112):

  • Disability (qualified individuals with disabilities)

Under Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff-1):

  • Genetic information

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/statutes/
Verified: January 16, 2026

Qualifications Required

Utah law specifies that protected class status does not override bona fide job qualifications.

According to Utah Code § 34A-5-106(1)(a)(ii):

“A person may not be considered ‘otherwise qualified,’ unless that person possesses the following required by an employer for any particular job, job classification, or position: (A) education; (B) training; (C) ability, with or without reasonable accommodation; (D) moral character; (E) integrity; (F) disposition to work; (G) adherence to reasonable rules and regulations; and (H) other job-related qualifications required by an employer.”

Source: Utah Code § 34A-5-106(1)(a)(ii)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

This provision clarifies that anti-discrimination laws protect qualified individuals who can perform the essential functions of a position, with or without reasonable accommodation.


4.3 Types of Prohibited Employment Practices

Utah law prohibits various discriminatory employment practices beyond just hiring and firing decisions.

Prohibited Employer Conduct

According to Utah Code § 34A-5-106(1), it is a discriminatory or prohibited employment practice for an employer to engage in any action described in subsections (a) through (g).

Primary prohibited practices under § 34A-5-106(1)(a)(i):

Employers may not:

  • Refuse to hire
  • Promote
  • Discharge
  • Demote
  • Terminate
  • Retaliate against
  • Harass
  • Discriminate in matters of compensation
  • Discriminate in terms, privileges, and conditions of employment

…against a person otherwise qualified because of any protected characteristic.

Source: Utah Code § 34A-5-106(1)(a)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Harassment

Harassment based on protected characteristics is explicitly prohibited.

According to Utah Code § 34A-5-106(1)(a)(i), employers may not harass a person based on protected characteristics.

Harassment includes:

  • Unwelcome conduct based on a protected characteristic
  • Conduct that creates a hostile work environment
  • Conduct that unreasonably interferes with work performance
  • Quid pro quo harassment (conditioning employment benefits on submission to unwelcome conduct)

Employers are liable for harassment by supervisors, managers, and in some circumstances, co-workers or third parties.

Discriminatory Job Advertisements

According to Utah Code § 34A-5-106(1)(b), it is prohibited employment practice for an employer:

“To make or use a written or oral inquiry or form of application that directly or indirectly: (i) expresses any limitation, specification, or discrimination regarding a prospective employee’s race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older, religion, national origin, disability, sexual orientation, or gender identity; or (ii) expresses an intent to make any limitation, specification, or discrimination described in Subsection (1)(b)(i)…”

Exception: Inquiries that are based on a bona fide occupational qualification.

Source: Utah Code § 34A-5-106(1)(b)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Employment Agency Discrimination

According to Utah Code § 34A-5-106(2), employment agencies may not:

  • Refuse to list and properly classify for employment
  • Refuse to refer for employment
  • Otherwise discriminate against any individual because of protected characteristics

Source: Utah Code § 34A-5-106(2)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Labor Organization Discrimination

According to Utah Code § 34A-5-106(3), labor organizations may not:

  • Exclude or expel from membership
  • Discriminate in membership terms
  • Discriminate in representation
  • Classify membership in a way that denies opportunities

…based on protected characteristics.

Source: Utah Code § 34A-5-106(3)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Training and Apprenticeship Programs

According to Utah Code § 34A-5-106(4), it is unlawful for employers, labor organizations, or joint labor-management committees controlling apprenticeship or training programs to discriminate in:

  • Admission to programs
  • Employment in programs
  • Terms of programs

…based on protected characteristics.

Source: Utah Code § 34A-5-106(4)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Aiding or Abetting Discrimination

According to Utah Code § 34A-5-106(6):

“It is a discriminatory or prohibited employment practice to aid, incite, compel, or coerce the doing of an act that is a discriminatory or prohibited employment practice, or to attempt to do so.”

Source: Utah Code § 34A-5-106(6)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

This provision prohibits third parties from encouraging or facilitating discrimination.


4.4 Sexual Harassment

Sexual harassment is a form of sex discrimination explicitly prohibited under Utah law.

Legal Framework

Sexual harassment is prohibited under:

State law:

  • Utah Code § 34A-5-106(1)(a)(i) – Prohibits harassment based on sex, sexual orientation, or gender identity

Federal law:

  • Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

According to Utah Code § 34A-5-114(2)(j) (enacted 2024):

“Sexual harassment” means conduct that is a violation of: (i) Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or (ii) Subsection 34A-5-106(1)(a)(i) prohibiting harassment on the basis of sex, sexual orientation, or gender.”

Source: Utah Code § 34A-5-114(2)(j)
Citation: Limitations on enforceability of nondisclosure clauses
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S114.html
Enacted: 2024

Two Types of Sexual Harassment

Sexual harassment in employment generally falls into two categories:

1. Quid Pro Quo Harassment

Quid pro quo (Latin for “this for that”) harassment occurs when:

  • Employment decisions or benefits are conditioned on submission to unwelcome sexual conduct
  • A supervisor or person with authority makes employment consequences dependent on sexual favors
  • Tangible employment actions (hiring, firing, promotion, demotion) are linked to sexual demands

Examples include:

  • “Sleep with me or you’re fired”
  • Promising promotion in exchange for sexual favors
  • Threatening demotion for refusing sexual advances

2. Hostile Work Environment Harassment

Hostile work environment harassment occurs when:

  • Unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
  • The conduct is severe or pervasive enough to alter conditions of employment
  • The conduct unreasonably interferes with work performance

Examples include:

  • Repeated unwelcome sexual comments or jokes
  • Display of sexually explicit materials
  • Unwanted touching or physical contact
  • Sexual propositions or advances after being told to stop
  • Sexually offensive emails or messages

What Constitutes Sexual Harassment

Under federal EEOC guidance, sexual harassment includes:

  • Unwelcome sexual advances
  • Requests for sexual favors
  • Other verbal or physical conduct of a sexual nature when:
    • Submission is made explicitly or implicitly a term or condition of employment
    • Submission or rejection is used as basis for employment decisions
    • The conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/sexual-harassment
Guidance: Facts About Sexual Harassment

Employer Liability

Employers can be held liable for sexual harassment by:

Supervisors and managers:

  • Employers are generally liable for harassment by supervisors
  • Strict liability applies for quid pro quo harassment
  • For hostile environment by supervisors, employers may avoid liability only if they can prove:
    • They exercised reasonable care to prevent and correct harassment (e.g., effective policy and complaint procedure)
    • The employee unreasonably failed to use the complaint procedure

Co-workers:

  • Employers are liable if they knew or should have known about harassment and failed to take prompt corrective action

Third parties (customers, vendors, clients):

  • Employers may be liable if they knew or should have known about harassment and failed to take appropriate action

Prevention Obligations

While Utah does not mandate sexual harassment prevention training for private employers (unlike some states), employers commonly implement the following practices to prevent and address harassment:

  • Written anti-harassment policies
  • Multiple reporting channels
  • Prompt, thorough investigations
  • Appropriate corrective action
  • Confidentiality measures
  • Prohibition of retaliation against complainants

These practices are not required by Utah law but reflect common approaches to harassment prevention.

Nondisclosure Agreements Limited

Utah enacted restrictions on nondisclosure agreements related to sexual harassment.

According to Utah Code § 34A-5-114 (effective 2024), confidentiality clauses regarding sexual harassment as a condition of employment or settlement are unenforceable except under specific circumstances:

“A confidentiality clause regarding sexual misconduct, as a condition of employment or as a condition of continuing employment, is unenforceable…”

Limited exceptions apply for settlement agreements if the complainant prefers confidentiality.

Source: Utah Code § 34A-5-114
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S114.html
Effective: May 1, 2024


4.5 Retaliation Protections

Utah law prohibits retaliation against employees who oppose discrimination or participate in discrimination proceedings.

Statutory Prohibition

According to Utah Code § 34A-5-106(1)(a)(i), employers may not “retaliate against” a person because of protected characteristics.

Additionally, Utah Code § 34A-5-102 defines “retaliate”:

“Retaliate” means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member: (i) opposes an employment practice prohibited under this chapter; or (ii) files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter.”

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-102(24)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S102.html

Protected Activities

Employees are protected from retaliation when they:

Oppose discrimination:

  • Complain about discrimination to management
  • Complain about harassment
  • Refuse to follow orders that would result in discrimination
  • Support another employee’s discrimination complaint

Participate in proceedings:

  • File a discrimination charge with UALD or EEOC
  • Testify in discrimination investigations or hearings
  • Assist in discrimination investigations
  • Participate as a witness in discrimination proceedings

Forms of Retaliation

Retaliation can include any adverse employment action, such as:

  • Termination or demotion
  • Reduction in pay or hours
  • Transfer to less desirable position
  • Increased scrutiny or discipline
  • Exclusion from meetings or opportunities
  • Negative performance evaluations
  • Hostile treatment

According to the Utah Labor Commission:

“This protection applies not only to the Charging Party, but to all other employees who might participate in the investigatory process.”

Source: Utah Labor Commission, Employment Discrimination
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/employment-discrimination/
Verified: January 16, 2026

Retaliation for Wage Claims

Utah law specifically prohibits retaliation for filing wage claims.

According to the Utah Labor Commission:

“The law also makes it illegal for an employer to retaliate against an employee for filing a complaint with UALD.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026

This protection applies to employees who file wage claims under the Utah Payment of Wages Act (Utah Code § 34-28-1 et seq.) or Utah Minimum Wage Act (Utah Code § 34-40-101 et seq.).

Whistleblower Protection for Public Employees

Public sector employees in Utah have additional whistleblower protections under the Utah Protection of Public Employees Act.

According to Utah Code § 67-21-3(1):

“An employer may not take retaliatory action against an employee because the employee, or a person acting on behalf of the employee, communicates in good faith the existence of waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or the United States.”

Source: Utah Protection of Public Employees Act
Citation: Utah Code § 67-21-3
Official text: https://le.utah.gov/xcode/Title67/Chapter21/67-21-S3.html


4.6 Employer Size Thresholds

Utah’s anti-discrimination laws apply to employers based on the number of employees.

Utah Law Coverage

According to Utah Code § 34A-5-102(11), “employer” is defined as:

“Employer” means the state or any political subdivision, board, commission, department, institution, school district, trust, or agent of the state, or any other person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year.”

Threshold: 15 or more employees

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-102(11)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S102.html

This means:

  • Employers with 15 or more employees are covered by the Utah Antidiscrimination Act
  • Employers with fewer than 15 employees are generally not subject to Utah’s employment discrimination law
  • The 15-employee threshold applies to most discrimination protections under Utah law

Federal Law Thresholds

Federal anti-discrimination laws have varying employee thresholds:

Title VII (race, color, religion, sex, national origin):

  • Threshold: 15 or more employees
  • Source: 42 U.S.C. § 2000e(b)

Americans with Disabilities Act (ADA):

  • Threshold: 15 or more employees
  • Source: 42 U.S.C. § 12111(5)(A)

Age Discrimination in Employment Act (ADEA):

  • Threshold: 20 or more employees
  • Source: 29 U.S.C. § 630(b)

Genetic Information Nondiscrimination Act (GINA):

  • Threshold: 15 or more employees
  • Source: 42 U.S.C. § 2000ff(2)(A)

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/employers/small-business
Verified: January 16, 2026

Counting Employees

For purposes of determining coverage:

  • Count all employees on the payroll during each working day
  • Include part-time employees
  • Include employees on leave
  • Count for each working day in 20 calendar weeks (need not be consecutive)
  • Apply “current or preceding calendar year” test

Both current year and preceding year count in determining coverage.


4.7 Religious Expression in the Workplace

Utah law includes specific protections for religious expression in the workplace, balancing religious freedom with workplace needs.

Employee Rights to Religious Expression

According to Utah Code § 34A-5-112(1):

“An employee may express the employee’s religious, personal, or political beliefs and commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on equal terms with similar types of expression of beliefs or commitments allowed by the employer in the workplace, unless the expression is in direct conflict with the essential business-related interests of the employer.”

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-112(1)
Title: Religious liberty protections
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S112.html
Enacted: 2015

This provision allows employees to:

  • Discuss religious beliefs at work
  • Share religious viewpoints
  • Express religious identity
  • Engage in religious expression similar to other personal expression permitted in the workplace

Limitations:

  • Expression must be reasonable and non-disruptive
  • Cannot create harassment
  • Must be on equal terms with other expression allowed
  • Cannot conflict with essential business interests

Protection for Outside-Workplace Expression

According to Utah Code § 34A-5-112(2):

“An employer may not discharge, demote, terminate, or refuse to hire any person, or retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified, for lawful expression or expressive activity outside of the workplace regarding the person’s religious, political, or personal beliefs or affiliations.”

Source: Utah Code § 34A-5-112(2)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S112.html

This protects employees from adverse action based on:

  • Religious activities outside work
  • Political activities outside work
  • Social media posts expressing beliefs
  • Community involvement reflecting personal values

Exception: Expression that directly conflicts with essential business-related interests of the employer.

Reasonable Accommodations

5.1 Disability Accommodations

Utah law requires employers to provide reasonable accommodations for qualified individuals with disabilities, mirroring federal Americans with Disabilities Act (ADA) requirements.

Legal Framework

State law: Utah Code § 34A-5-106(1)(a)(i) prohibits disability discrimination and requires accommodation.

Federal law: Americans with Disabilities Act, 42 U.S.C. § 12112(b)(5)(A) defines discrimination to include not making reasonable accommodations.

Who is Protected

A qualified individual with a disability is someone who:

Has a disability:

  • A physical or mental impairment that substantially limits one or more major life activities
  • A record of such an impairment
  • Is regarded as having such an impairment

Can perform essential functions:

  • With or without reasonable accommodation
  • Possesses required skills, experience, education, and other job-related requirements

Source: 42 U.S.C. § 12111(8)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111
EEOC guidance: https://www.eeoc.gov/laws/guidance/

What Constitutes Reasonable Accommodation

Reasonable accommodations are modifications or adjustments to the work environment or job duties that enable a qualified individual with a disability to perform essential job functions.

Examples include:

Physical workspace modifications:

  • Installing wheelchair ramps
  • Adjusting desk heights
  • Providing ergonomic equipment
  • Relocating workspace for accessibility

Job restructuring:

  • Modifying work schedules
  • Allowing part-time or modified work hours
  • Reassigning marginal job functions
  • Allowing telecommuting

Equipment and technology:

  • Providing screen readers or magnifiers
  • Offering assistive listening devices
  • Providing specialized computer software
  • Modifying equipment or tools

Policy modifications:

  • Allowing service animals in workplace
  • Modifying break schedules
  • Providing reserved parking
  • Adjusting leave policies

Source: U.S. Equal Employment Opportunity Commission
Guidance: Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Employer Obligations

Employers must:

  1. Engage in interactive process when accommodation is requested
  2. Determine effective accommodations through dialogue with employee
  3. Implement reasonable accommodations unless undue hardship exists
  4. Keep medical information confidential in separate files
  5. Not retaliate against employees requesting accommodations

Employers are not required to:

  • Eliminate essential job functions
  • Lower quality or production standards
  • Provide personal use items (glasses, hearing aids, wheelchairs for personal use)
  • Create new positions

5.2 Religious Accommodations

Employers must reasonably accommodate employees’ sincerely held religious beliefs, observances, and practices.

Legal Framework

Federal law: Title VII of the Civil Rights Act requires reasonable accommodation for religious beliefs and practices.

According to 42 U.S.C. § 2000e(j):

“The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

State law: Utah Code § 34A-5-106(1)(a)(i) prohibits religious discrimination.

Types of Religious Accommodations

Common religious accommodations include:

Schedule modifications:

  • Time off for religious observances or holy days
  • Flexible scheduling to attend religious services
  • Shift swaps or modifications for Sabbath observance
  • Break time for prayer

Dress and grooming:

  • Exemptions from dress codes for religious attire (hijab, yarmulke, turban)
  • Exemptions from grooming standards for religious reasons (beards, unshorn hair)

Work assignments:

  • Excusal from specific tasks that conflict with religious beliefs
  • Lateral transfers to avoid conflicts

Workplace practices:

  • Space for prayer or religious observance
  • Excusal from workplace celebrations conflicting with religious beliefs

Undue Hardship Standard for Religious Accommodations

For religious accommodations, undue hardship exists when accommodation would impose more than a de minimis (minimal) cost or burden on the employer’s business operations.

This is a lower threshold than the undue hardship standard for disability accommodations.

Source: U.S. Supreme Court decision in Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977)
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination


5.3 Pregnancy Accommodations

Utah law requires employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions.

Statutory Requirement

According to Utah Code § 34A-5-106(1)(g):

“An employer shall provide reasonable accommodations for an employee’s pregnancy, childbirth, breastfeeding, or related condition unless the accommodation imposes an undue hardship on the employer.”

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-106(1)(g)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

This protection applies to:

  • Pregnancy
  • Childbirth
  • Breastfeeding
  • Pregnancy-related conditions
  • Recovery from childbirth

Required Accommodations

Utah Code § 34A-5-106(7)(b) specifies that reasonable accommodations for pregnancy may include:

“(i) more frequent or longer break periods; (ii) time off to recover from childbirth or other pregnancy-related conditions; (iii) acquisition or modification of equipment or seating; (iv) temporary transfer to a less strenuous or hazardous position; (v) job restructuring; (vi) a modified work schedule; (vii) light duty; or (viii) providing a private location, other than a bathroom, for expressing breast milk or breastfeeding.”

Source: Utah Code § 34A-5-106(7)(b)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Breast Milk Expression

Utah law specifically addresses breastfeeding accommodations:

According to Utah Code § 34A-5-106(7)(c):

“An employer shall provide a place, other than a toilet stall, for an employee to express breast milk or breastfeed.”

Limitations:

According to Utah Code § 34A-5-106(7)(d):

“An employer is not required under Subsection (1)(g) or this Subsection (7) to permit an employee to have the employee’s child at the workplace for purposes of accommodating pregnancy, childbirth, breastfeeding, or related conditions.”

Source: Utah Code § 34A-5-106(7)(c)-(d)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Notice Requirements

According to Utah Code § 34A-5-106(7)(e):

“An employer shall include in an employee handbook, or post in a conspicuous place in the employer’s place of business, written notice concerning an employee’s rights to reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions.”

Source: Utah Code § 34A-5-106(7)(e)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Employers must inform employees of pregnancy accommodation rights through:

  • Employee handbooks, or
  • Conspicuous workplace posting

Federal Protections

The Pregnancy Discrimination Act (amendment to Title VII) and Pregnant Workers Fairness Act provide additional federal protections for pregnant employees.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/pregnancy-discrimination
Verified: January 16, 2026


5.4 Interactive Process

The interactive process is a dialogue between employer and employee to identify effective reasonable accommodations.

What is the Interactive Process

The interactive process is an ongoing, good-faith discussion between the employer and employee (or the employee’s representative) to:

  1. Identify the precise limitations resulting from the disability or condition
  2. Identify potential accommodations that could overcome those limitations
  3. Assess the effectiveness of potential accommodations
  4. Select and implement the most appropriate accommodation

When to Begin Interactive Process

The interactive process typically begins when:

  • An employee requests an accommodation
  • The employer becomes aware of a possible need for accommodation
  • An employee’s performance or conduct issues may be related to a disability
  • An employee returns from medical leave and needs accommodations

Steps in the Interactive Process

Step 1: Receive and acknowledge the accommodation request

  • Employee makes request (orally or in writing)
  • Request need not use specific terminology
  • Employer promptly acknowledges request

Step 2: Gather information

  • Employer may request medical documentation if disability is not obvious
  • Determine functional limitations
  • Identify essential job functions affected

Step 3: Explore accommodation options

  • Discuss possible accommodations with employee
  • Consider employee’s preferred accommodation
  • Identify multiple potential solutions
  • Research available accommodations

Step 4: Choose accommodation

  • Select effective accommodation
  • Under the ADA, the employee’s preferred accommodation is given preference when it is effective
  • Document accommodation decision

Step 5: Implement and monitor

  • Put accommodation in place
  • Monitor effectiveness
  • Make adjustments as needed
  • Continue dialogue

Good Faith Requirement

Both parties must engage in the interactive process in good faith. Failure to engage in good faith may result in liability.

Employer obligations:

  • Respond promptly to requests
  • Engage in meaningful dialogue
  • Consider reasonable options
  • Document the process

Employee obligations:

  • Provide requested information
  • Participate in dialogue
  • Cooperate with medical documentation requests
  • Provide honest assessment of accommodation effectiveness

Source: U.S. Equal Employment Opportunity Commission
Guidance: Enforcement Guidance on Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada


5.5 Undue Hardship Exception

Employers are not required to provide accommodations that would impose an undue hardship on business operations.

Definition of Undue Hardship

For disability accommodations:

According to the ADA, 42 U.S.C. § 12111(10), undue hardship means:

“An action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).”

Factors to consider include:

  • Nature and cost of accommodation
  • Overall financial resources of the facility
  • Number of employees at the facility
  • Effect on expenses and resources
  • Impact on facility operations
  • Overall financial resources of the covered entity
  • Overall size of the business
  • Type of operation

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111(10)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111

For religious accommodations:

Undue hardship exists when accommodation would impose more than a de minimis (minimal) cost on the employer.

Source: Title VII of the Civil Rights Act, as interpreted by EEOC
Guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

For pregnancy accommodations:

Utah Code § 34A-5-106(1)(g) requires accommodation “unless the accommodation imposes an undue hardship on the employer,” using the ADA standard.

Source: Utah Code § 34A-5-106(1)(g)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Employer Burden of Proof

The employer bears the burden of proving that an accommodation would impose an undue hardship. The employer must show:

  • Specific facts demonstrating difficulty or expense
  • Consideration of all relevant factors
  • Documentation of business impact

General assertions of hardship are insufficient. Employers must provide concrete evidence.

What Does NOT Constitute Undue Hardship

The following generally do not establish undue hardship:

  • Co-worker complaints or preferences
  • Customer or client preferences
  • Minor inconvenience
  • Speculative fears about future costs
  • Morale concerns without concrete business impact
  • Concerns about “setting a precedent”

5.6 How to Request Accommodations

For Employees: Making an Accommodation Request

Step 1: Make the request

Requests can be:

  • Oral or written (written documentation provides a clear record)
  • Made to supervisor, manager, or HR
  • Informal (no specific language or form required)

Simply stating that you need an adjustment due to a medical condition, disability, religious belief, or pregnancy may be sufficient to trigger the interactive process.

Step 2: Explain the need

Provide information about:

  • The limitation or restriction requiring accommodation
  • How the limitation affects job performance
  • What type of accommodation you believe would help

Step 3: Provide medical documentation if requested

For disability or pregnancy accommodations:

  • Employer may request medical documentation
  • Documentation typically describes functional limitations
  • Medical provider’s statement typically explains restrictions and potential accommodations

For religious accommodations:

  • Generally no documentation required
  • Sincerely held belief is key
  • Employer may ask clarifying questions

Step 4: Participate in interactive process

  • Engage in dialogue with employer
  • Discuss possible accommodations
  • Be flexible and consider alternatives
  • Respond promptly to employer inquiries

Step 5: Follow up

  • Get accommodation decision in writing if possible
  • Monitor effectiveness of accommodation
  • Request modifications if accommodation is not working
  • Report any retaliation

For Employers: Responding to Accommodation Requests

Step 1: Acknowledge request promptly

  • Respond within a reasonable timeframe (typically within a few days)
  • Confirm receipt of request
  • Initiate interactive process

Step 2: Request information if needed

For disability/pregnancy accommodations:

  • May request medical certification
  • Requests are typically specific and job-related
  • Allow reasonable time for employee to provide information

Step 3: Engage in interactive process

  • Schedule meeting with employee
  • Discuss limitations and restrictions
  • Explore accommodation options
  • Document discussions

Step 4: Make decision

  • Choose effective accommodation
  • Document reasons for decision
  • Communicate decision to employee in writing
  • Explain if request is denied and why

Step 5: Implement and monitor

  • Put accommodation in place promptly
  • Check in with employee about effectiveness
  • Make adjustments as needed
  • Continue dialogue as situation evolves

Documentation Best Practices

For employees:

  • Keep copies of all requests and correspondence
  • Document conversations about accommodations
  • Note dates, times, and participants in discussions
  • Retain medical documentation
  • Document effectiveness of accommodations

For employers:

  • Document all steps of interactive process
  • Keep records separate from personnel files
  • Maintain medical information confidentially
  • Document decisions and rationale
  • Track accommodation effectiveness

Employer Obligations in Utah

6.1 Required Workplace Postings

Utah and federal law require employers to display specific notices in conspicuous locations accessible to all employees.

Utah State-Required Posters

1. Workers’ Compensation Notice

All Utah employers must post a Workers’ Compensation notice.

According to information from the Utah Labor Commission:

“Worker’s Compensation Act (statement that employer is insured in the event of an industrial injury or illness and that a fraudulent claim is a crime). Required for all employers.”

Source: Utah Labor Commission
Document: Required Employment Posters and Where to Find Them
Available at: https://jobs.utah.gov/employer/business/resource/07_80.pdf
Poster download: https://laborcommission.utah.gov/ulc_form/workers-compensation-poster/

The Workers’ Compensation poster informs employees:

  • Employer is insured for workplace injuries and illnesses
  • How to report workplace injuries
  • Rights under Workers’ Compensation Act
  • That fraudulent claims constitute a crime

Statutory authority: Utah Workers’ Compensation Act, Utah Code § 34A-2-101 et seq.
Official text: https://le.utah.gov/xcode/Title34A/Chapter2/

2. Utah Occupational Safety and Health (UOSH) Poster

Employers must post the Utah OOSH poster informing employees of workplace safety rights.

According to the Utah Labor Commission:

“The Utah Labor Commission requires that employers post two notices: 1) Workers Compensation and 2) Occupational Safety and Health.”

Source: Utah Labor Commission, UOSH Resources
Available at: https://laborcommission.utah.gov/divisions/uosh/uosh-resources/
Poster download: https://laborcommission.utah.gov/wp-content/uploads/2019/11/uoshaPoster.pdf
Verified: January 16, 2026

The UOSH poster informs employees about:

  • Right to a safe workplace
  • How to report safety hazards
  • Protection from retaliation
  • How to file safety complaints

Statutory authority: Utah Occupational Safety and Health Act, Utah Code § 34A-6-101 et seq.
Official text: https://le.utah.gov/xcode/Title34A/Chapter6/

Additional requirement for larger employers:

According to the poster information document:

“Occupational Safety and Health Act of 1970 (job-related injuries and illnesses which occurred during the past year; must remain posted between 1 February and 1 March of the following year). Required for all employers with ten or more employees.”

Source: Utah Department of Workforce Services
Available at: https://jobs.utah.gov/employer/business/resource/07_80.pdf

3. Unemployment Insurance Notice

Employers subject to unemployment insurance requirements must post the unemployment notice.

According to the poster information:

“Utah Employment Security Act (unemployment insurance benefit rights, claims, etc.). Required for all employers.”

Source: Utah Department of Workforce Services
Document: Required Employment Posters
Available at: https://jobs.utah.gov/employer/business/resource/07_80.pdf
Poster contact: Utah Department of Workforce Services

4. Pregnancy Accommodation Rights Notice

According to Utah Code § 34A-5-106(7)(e):

“An employer shall include in an employee handbook, or post in a conspicuous place in the employer’s place of business, written notice concerning an employee’s rights to reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions.”

Source: Utah Antidiscrimination Act
Citation: Utah Code § 34A-5-106(7)(e)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Employers must notify employees of pregnancy accommodation rights either through:

  • Employee handbook inclusion, or
  • Conspicuous workplace posting

Federal Required Posters

1. Fair Labor Standards Act (FLSA) Minimum Wage Poster

Required for all employers subject to the Fair Labor Standards Act.

Poster: Employee Rights Under the Fair Labor Standards Act
Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters
Information: Covers minimum wage, overtime, recordkeeping, and child labor

2. Equal Employment Opportunity (EEO) Poster

Required for employers with 15 or more employees and federal contractors.

Poster: “EEO is the Law”
Source: U.S. Equal Employment Opportunity Commission
Download: https://www.eeoc.gov/poster
Information: Federal laws prohibiting job discrimination

3. Family and Medical Leave Act (FMLA) Poster

Required for employers with 50 or more employees.

Poster: Employee Rights Under the Family and Medical Leave Act
Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters
Information: FMLA leave rights for eligible employees

4. Employee Polygraph Protection Act Poster

Required for most private employers.

Poster: Employee Rights – Employee Polygraph Protection Act
Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters
Information: Restrictions on lie detector tests

5. Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster

Required for all employers.

Poster: Your Rights Under USERRA
Source: U.S. Department of Labor, Veterans’ Employment and Training Service
Download: https://www.dol.gov/agencies/vets/programs/userra/poster
Information: Rights of military service members and veterans

6. Job Safety and Health Protection Poster (OSHA)

Since Utah operates a state OSHA plan, Utah employers post the Utah OOSH poster rather than the federal OSHA poster (see Utah requirements above).

Source: Occupational Safety and Health Administration
Information: https://www.osha.gov/publications/poster

Additional Posters for Specific Situations

Federal Contractor Posters:

Employers with federal contracts or subcontracts must post additional notices:

  • Davis-Bacon Act poster (construction contracts over $2,000)
  • Service Contract Act poster
  • Executive Order 11246 – Equal Employment Opportunity
  • Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

Source: U.S. Department of Labor
Information: https://www.dol.gov/agencies/ofccp/posters

Posting Requirements

Posters must be:

  • Displayed in conspicuous locations
  • Accessible to all employees
  • In locations where notices are customarily posted
  • Available in languages spoken by employees when required
  • Kept current and up-to-date

Common posting locations:

  • Break rooms
  • Time clock areas
  • Main entrances
  • Human resources offices

Where to Obtain Posters

Utah posters:

Federal posters:

Most posters are available for free download from government agency websites.


6.2 New Hire Reporting

Utah law requires all employers to report newly hired and rehired employees to the state.

Legal Requirement

Utah’s new hire reporting requirement is codified in the Centralized New Hire Registry Act.

According to the Utah Employer Handbook:

“New Hire Legislation appears in Section 35A-7-101. This chapter is known as the ‘Centralized New Hire Registry Act.’ Our state law’s minimum reporting requirements are based on the federal law. The Utah Department of Workforce Services has been given the responsibility for administering…”

Source: Utah Department of Workforce Services
Document: Employer Handbook
Statutory citation: Utah Code § 35A-7-101 et seq.
Official text: https://le.utah.gov/xcode/Title35A/Chapter7/
Available at: https://jobs.utah.gov/ui/employer/Public/Handbook/0403%20Employer%20Handbook_Final.pdf

Who Must Report

According to the New Hire Reporting Handbook:

“Employer — In any case where an employer is required to give an employee a Form W-2 showing the amount of taxes withheld, the employer must meet the New Hire reporting requirements.”

Source: Utah Department of Workforce Services
Document: New Hire Reporting Handbook
Available at: https://jobs.utah.gov/ui/employer/public/NewHire/NewHireHandbook.aspx

This includes:

  • All private employers in Utah
  • Public employers (state, county, city, school districts)
  • Employers of household domestic workers (if required to issue W-2)

Who Must Be Reported

New Hires:

According to the New Hire Reporting Handbook:

“New Hire — An individual is considered a New Hire on the first day in which the employee first performs labor or services for compensation. This is also the first day in which an employer begins to withhold amounts for income tax purposes.”

Rehires:

“Rehire — Rehire reports are required on the date labor or services for compensation are first performed by an employee who was previously employed by the employer but has been separated from that employment for at least 60 consecutive days.”

Source: Utah Department of Workforce Services
Document: New Hire Reporting Handbook
Available at: https://jobs.utah.gov/ui/employer/public/NewHire/NewHireHandbook.aspx

Report as rehire:

  • Employees returning after separation of 60 or more consecutive days
  • Seasonal employees returning each season

Do not report:

  • Independent contractors (1099 workers)
  • Employees already reported (unless rehired after 60+ day separation)

Reporting Timeline

Deadline: Within 20 calendar days of employee’s first day of work

According to the Utah New Hire Registry Reporting Form:

“All required information must be provided within 20 calendar days of the employee’s first day of work.”

Source: Utah Department of Workforce Services
Form: DWS-UIC 6 – Utah New Hire Registry Reporting Form
Available at: https://jobs.utah.gov/ui/employer/public/Forms/Form6.pdf

Required Information

Employers must report the following information for each new hire:

Required Employer Information:

  1. Employer’s name (legal business name)
  2. Employer’s address (where child support orders should be sent)
  3. Federal Employer Identification Number (FEIN)

Required Employee Information:

  1. Employee’s full name (first name, middle initial, last name)
  2. Employee’s Social Security Number
  3. Employee’s home address (street, city, state, ZIP)
  4. Employee’s date of hire

Optional information:

  • Employee’s date of birth

Source: Utah Department of Workforce Services
Form: Utah New Hire Registry Reporting Form
Available at: https://jobs.utah.gov/ui/employer/public/Forms/Form6.pdf

According to the reporting form instructions:

“For employees lacking Social Security Numbers, reports should not be submitted until the number is obtained.”

How to Report

Employers may report new hires using any of the following methods:

1. Online reporting:

2. Mail: Utah New Hire Registry
P.O. Box 45247
Salt Lake City, UT 84145-0247

3. Fax: 801-526-4391

4. Acceptable forms/documents:

  • Utah New Hire Registry Reporting Form 6
  • Copy of employee’s W-4 (including date of hire)
  • Computer printouts containing all required information

Source: Utah Department of Workforce Services
Available at: https://jobs.utah.gov/ui/employer/public/NewHire/NewHireHandbook.aspx

According to the New Hire Reporting Handbook:

“Regardless of the format used, employers should make certain that all required information is included. The employer address should be the address where child support orders should be sent.”

Multi-State Employers

According to the New Hire Reporting Handbook:

“Multi-State Employer — A multi-state employer is defined as an employer who has employees in two or more states and who transmits reports magnetically or electronically. Federal law 42 USC 653a(b)(1)(B) permits multi-state employers to designate one state, in which they have employees, to which the employer will transmit the report.”

Source: Utah Department of Workforce Services
Federal law: 42 U.S.C. § 653a(b)(1)(B)
Available at: https://jobs.utah.gov/ui/employer/public/NewHire/NewHireHandbook.aspx

Multi-state employers may:

  • Report all new hires to a single designated state
  • Must have employees in the designated state
  • Must report electronically or magnetically

Penalties for Non-Compliance

According to the Utah New Hire Registry Reporting Form:

“An employer who fails to timely report the hiring or rehiring of an employee as required by law is subject to a civil penalty of $25 to $500 for each such failure.”

Enhanced penalty:

According to the New Hire Reporting Handbook:

“$500 if the failure to report is intentional and is the result of an agreement between the employer and the employee to not supply the required information, or to supply false or incomplete information.”

Source: Utah Department of Workforce Services
Statutory authority: Utah Code § 35A-7-101 et seq.
Available at: https://jobs.utah.gov/ui/employer/public/NewHire/NewHireHandbook.aspx

Purpose of New Hire Reporting

New hire reporting serves several purposes:

  • Child support enforcement (locate parents obligated to pay child support)
  • Prevention of unemployment insurance fraud
  • Prevention of workers’ compensation fraud
  • Administration of state programs

6.3 Recordkeeping Requirements

Employers in Utah must maintain various employment records to comply with state and federal law.

Wage and Hour Records (FLSA)

The Fair Labor Standards Act requires covered employers to maintain records for each non-exempt employee.

Required records include:

  • Employee’s full name and Social Security number
  • Address, including zip code
  • Birth date (if younger than 19)
  • Sex and occupation
  • Time and day of week when employee’s workweek begins
  • Hours worked each day and total hours worked each workweek
  • Basis of pay (hourly rate, salary, piece rate, etc.)
  • Regular hourly pay rate
  • Total daily or weekly straight-time earnings
  • Total overtime earnings for the workweek
  • All additions to or deductions from wages
  • Total wages paid each pay period
  • Date of payment and pay period covered

Retention period: 3 years

Records on which wage computations are based (time cards, wage rate tables, work schedules, etc.) must be retained for 2 years.

Source: Fair Labor Standards Act
Regulation: 29 C.F.R. § 516
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516

Utah Unemployment Insurance Records

According to the Utah Employer Handbook:

“You must also maintain and make available records of wages and separation information on all workers for at least four (4) calendar years.”

Records must include:

  • Wages paid to each employee
  • Hours worked
  • Separation information
  • Employment dates

Retention period: 4 calendar years

Source: Utah Department of Workforce Services
Document: Employer Handbook
Available at: https://jobs.utah.gov/ui/employer/Public/Handbook/0403%20Employer%20Handbook_Final.pdf

Employment Eligibility Verification (Form I-9)

Employers must retain Form I-9 for each employee.

Retention requirements:

  • Keep for 3 years after date of hire, OR
  • 1 year after employment ends, whichever is later

Example:

  • Employee hired January 1, 2023
  • Employee terminated December 31, 2024
  • Retain I-9 until at minimum January 1, 2026 (3 years from hire)

Forms must be:

  • Kept in a separate file from personnel records
  • Available for inspection by authorized government officials
  • Retained for all current employees

Source: U.S. Citizenship and Immigration Services
Regulation: 8 C.F.R. § 274a.2(b)(2)(i)(A)
USCIS guidance: https://www.uscis.gov/i-9-central

Personnel and Employment Records

While federal law does not mandate creation of personnel files, various laws require retention of specific employment documents.

Title VII, ADA, ADEA records:

Personnel records or employment records must be kept for 1 year from date of creation or personnel action, whichever is later.

For involuntary terminations, retain records for 1 year from termination date.

Source: Equal Employment Opportunity Commission
Regulations: 29 C.F.R. § 1602.14 (Title VII/ADA), 29 C.F.R. § 1627.3 (ADEA)
Available at: https://www.ecfr.gov/

Best practice records to maintain:

  • Employment applications (including those not hired)
  • Resumes
  • Job descriptions
  • Performance evaluations
  • Disciplinary records
  • Training records
  • Promotion and transfer records
  • Layoff and recall records
  • Accommodation requests and responses
  • Separation documentation

Occupational Safety and Health Records

Employers must maintain records of work-related injuries and illnesses.

OSHA 300 Log requirements:

Employers with 11 or more employees in most industries must:

  • Record work-related injuries and illnesses on OSHA Form 300
  • Prepare annual summary (Form 300A)
  • Post summary from February 1 to April 30

Retention period: 5 years

Source: Occupational Safety and Health Administration
Regulation: 29 C.F.R. § 1904
Utah OOSH information: https://laborcommission.utah.gov/divisions/uosh/

Workers’ Compensation Records

Employers must maintain records related to workers’ compensation insurance and claims.

Records to maintain:

  • Proof of workers’ compensation insurance coverage
  • Claims filed
  • Injury reports
  • Medical records related to workplace injuries

Retention period: Varies by insurance carrier and legal requirements; commonly 5+ years

Source: Utah Workers’ Compensation Act
Citation: Utah Code § 34A-2-101 et seq.
Official text: https://le.utah.gov/xcode/Title34A/Chapter2/

Record Storage and Access

Confidentiality requirements:

Medical records must be kept confidential and separate from personnel files:

  • ADA medical information
  • FMLA certification forms
  • Workers’ compensation medical records
  • Genetic information
  • Drug and alcohol test results

Employee access:

Various laws give employees rights to access their own records:

  • OSHA: Access to medical and exposure records
  • ADA: May request copies of medical records
  • State law may provide additional access rights

6.4 Form I-9 and Employment Eligibility Verification

All U.S. employers must verify the identity and employment authorization of every employee hired.

Form I-9 Requirement

The Immigration Reform and Control Act of 1986 requires employers to:

  1. Verify identity and employment authorization of all employees
  2. Complete Form I-9, Employment Eligibility Verification
  3. Retain Form I-9 for required period
  4. Make forms available for government inspection

Source: U.S. Citizenship and Immigration Services
Statute: Immigration Reform and Control Act, 8 U.S.C. § 1324a
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a
Form and instructions: https://www.uscis.gov/i-9

Who Must Complete Form I-9

All employers must complete Form I-9 for:

  • Every employee hired after November 6, 1986
  • Citizens and non-citizens
  • Full-time, part-time, and temporary employees
  • Employees hired for domestic work in private households

Exceptions (do not complete I-9 for):

  • Employees hired before November 7, 1986, who have worked continuously
  • Independent contractors
  • Employees of contractors who provide services
  • Individuals providing domestic services in a sporadic, irregular, or intermittent basis

Source: USCIS Form I-9 Instructions
Available at: https://www.uscis.gov/i-9

Form I-9 Completion Process

Section 1 (completed by employee):

  • Must be completed by employee’s first day of work
  • Employee provides personal information
  • Employee attests to employment authorization status
  • Employee signs and dates the form

Section 2 (completed by employer):

  • Must be completed within 3 business days of employee’s first day of work
  • Employer examines original documents
  • Employer records document information
  • Employer signs and dates attestation

Acceptable documents (employee chooses):

List A (identity AND employment authorization):

  • U.S. passport or passport card
  • Permanent Resident Card (Green Card)
  • Employment Authorization Document with photo
  • Foreign passport with I-94 showing authorization

OR

List B (identity only) + List C (employment authorization):

  • List B: Driver’s license, state ID, school ID with photo
  • List C: Social Security card, birth certificate, etc.

Source: USCIS Form I-9
Instructions: https://www.uscis.gov/i-9

E-Verify

E-Verify is an internet-based system that electronically verifies employment eligibility.

E-Verify is:

  • Optional for most private employers
  • Mandatory for federal contractors and some state contractors
  • Free to use
  • Operated by U.S. Citizenship and Immigration Services

Utah does not mandate E-Verify for private employers (as of 2026).

Source: U.S. Citizenship and Immigration Services
E-Verify information: https://www.e-verify.gov/

Document Retention

Form I-9 must be retained for:

  • 3 years after date of hire, OR
  • 1 year after employment ends
  • Whichever is later

Forms must be:

  • Kept separate from personnel files
  • Available for inspection upon request by:
    • Department of Homeland Security (DHS)
    • Department of Labor (DOL)
    • Department of Justice (DOJ)

Source: U.S. Citizenship and Immigration Services
Regulation: 8 C.F.R. § 274a.2
Available at: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-274a

Penalties for Non-Compliance

Penalties for Form I-9 violations include:

  • Paperwork violations: $272 to $2,701 per form (2024 rates, adjusted annually)
  • Knowingly hiring unauthorized workers: $676 to $21,916 per violation
  • Discrimination: $569 to $4,547 per violation (first offense)

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9-central/civil-monetary-penalties-inflation-adjustments

Best Practices

  • Train HR staff on I-9 completion
  • Use current form version (check USCIS website)
  • Complete forms timely (Section 1 by first day; Section 2 within 3 days)
  • Do not request specific documents
  • Accept documents that reasonably appear genuine
  • Treat all employees consistently
  • Store forms securely
  • Conduct internal I-9 audits periodically

6.5 Unemployment Insurance Registration

Utah employers must register for unemployment insurance and pay unemployment taxes.

Coverage Requirements

Most Utah employers are subject to unemployment insurance requirements.

According to the Utah Employer Handbook:

“An employer is any employing unit that has one or more individuals performing services in this state and is subject to the Utah Employment Security Act.”

Automatic coverage triggers:

An employer is automatically subject if:

  • Paid $1,000 or more in wages in any calendar quarter, OR
  • Employed one or more persons in 20 different weeks in a calendar year

Source: Utah Department of Workforce Services
Document: Employer Handbook
Statutory authority: Utah Employment Security Act, Utah Code § 35A-4-205
Available at: https://jobs.utah.gov/ui/employer/Public/Handbook/0403%20Employer%20Handbook_Final.pdf
Official statute: https://le.utah.gov/xcode/Title35A/Chapter4/

Registration Process

New employers must register with the Utah Department of Workforce Services.

How to register:

Online:

By mail or fax:

  • Request registration form by calling (801) 526-9235 or (800) 222-2857

Source: Utah Department of Workforce Services
Available at: https://jobs.utah.gov/ui/employer/

Tax Rates

New employer rates:

According to the Utah Department of Workforce Services information on tax rates:

“New employers are assigned a benefit ratio based on the two year average benefit ratio of all employers in their respective industry. The average benefit ratio is used to determine the overall rate for a new employer.”

“New out-of-state contractors are assigned the maximum tax rate (7.1%) allowable under state law unless they purchase an existing business.”

Source: Utah Department of Workforce Services
Document: Utah Unemployment Insurance and New Hire Reporting
Available at: https://jobs.utah.gov/UI/Employer/Public/Questions/TaxRates.aspx
Verified: January 16, 2026

Earned rates (experienced employers):

Rates are calculated based on:

  • Benefit ratio (benefits paid to former employees)
  • Reserve factor (1.10 for 2026)
  • Social cost (0.001 for 2026)

2026 taxable wage base: $50,700.00

According to the Department of Workforce Services:

“During 2026, the taxable wage base is $50,700.00. Utah employers are only liable for state UI taxes on wages paid to each employee up to the taxable wage base.”

Source: Utah Department of Workforce Services
Available at: https://jobs.utah.gov/UI/Employer/Public/Questions/TaxRates.aspx

Quarterly Reporting

Employers must file quarterly reports and pay contributions.

Forms 3 and 3H:

According to the Employer Handbook:

“Forms 3 and 3H represent a two-part quarterly report. Once subject to the Employment Security Act, an employer must file the Employer’s Contribution Report and Employer’s Quarterly Wage List each calendar quarter.”

Filing deadlines:

  • Quarter 1 (Jan-Mar): Due April 30
  • Quarter 2 (Apr-Jun): Due July 31
  • Quarter 3 (Jul-Sep): Due October 31
  • Quarter 4 (Oct-Dec): Due January 31

Online filing encouraged:

“DWS encourages employers to file their wage data using the Internet. The Unemployment Contributions web site features several options to help you file and make payments securely and quickly online without requiring special banking arrangements.”

Source: Utah Department of Workforce Services
Document: Employer Handbook
Available at: https://jobs.utah.gov/ui/employer/Public/Handbook/0403%20Employer%20Handbook_Final.pdf

Reimbursable Employers

Certain employers may elect “reimbursable” status instead of paying quarterly contributions.

According to the Department of Workforce Services:

“A Reimbursable employer does not pay a quarterly contribution to the Trust Fund. They reimburse the Trust Fund for any unemployment insurance benefits paid to their former employees. Only governmental or non-profit 501(c)(3) entities can opt to be reimbursable.”

Source: Utah Department of Workforce Services
Available at: https://jobs.utah.gov/ui/employer/public/UIEmployerPresentation.pdf

Eligible for reimbursable status:

  • Governmental entities (state, county, city, school districts)
  • 501(c)(3) nonprofit organizations

6.6 Workers’ Compensation Insurance

Utah law requires most employers to carry workers’ compensation insurance.

Coverage Requirements

According to the Utah Workers’ Compensation Act, most employers must provide workers’ compensation coverage.

General rule:

Employers with one or more employees in Utah must carry workers’ compensation insurance or be self-insured.

Source: Utah Workers’ Compensation Act
Statutory authority: Utah Code § 34A-2-103
Official text: https://le.utah.gov/xcode/Title34A/Chapter2/34A-2-S103.html

Exemptions

Certain categories of employment are exempt from workers’ compensation coverage requirements:

  • Sole proprietors (unless they elect coverage)
  • Partners in partnerships (unless they elect coverage)
  • Corporate officers (may elect to exclude themselves)
  • Casual employees
  • Domestic servants in private homes (earning less than specified amount)
  • Farm and ranch labor under certain conditions

Source: Utah Code § 34A-2-104
Official text: https://le.utah.gov/xcode/Title34A/Chapter2/34A-2-S104.html

How to Obtain Coverage

Employers obtain workers’ compensation insurance through:

1. Private insurance carriers:

  • Purchase policy from approved insurance company
  • Multiple carriers offer coverage in Utah
  • List of approved carriers available from Utah Labor Commission

2. Self-insurance:

  • Large employers may self-insure with approval
  • Must demonstrate financial capability
  • Requires approval from Utah Labor Commission

For information on approved carriers and coverage options: Contact Utah Labor Commission at (801) 530-6800 or visit https://laborcommission.utah.gov/

Posting Requirement

Employers must post a workers’ compensation notice (see Section 6.1 above).

Penalties for Non-Coverage

Employers who fail to maintain required workers’ compensation coverage face:

  • Civil penalties
  • Personal liability for employee injuries
  • Criminal penalties for willful violations
  • Stop-work orders

According to the Utah Labor Commission, the Labor Commission monitors compliance and assesses penalties for non-coverage.

Source: Utah Labor Commission
Information: https://laborcommission.utah.gov/


6.7 Wage Payment Requirements Summary

Utah employers must comply with specific requirements for paying employee wages (detailed in Part 1, Section 3.4-3.5).

Key employer obligations:

Payment frequency:

  • Pay employees at least twice monthly (semi-monthly)
  • Establish regular paydays
  • Pay within 10 days of close of pay period

Payment method:

  • Cash, check, or electronic transfer (with employee consent)
  • Electronic transfer requires 2/3 employee participation

Wage statements:

  • Provide itemized wage statement each payday
  • Include all required information (hours, rates, deductions, etc.)

Deductions:

  • Only make authorized deductions
  • Obtain employee written consent for most deductions
  • Follow Utah Administrative Code R610-3-18

Final paychecks:

  • Termination: Pay immediately or next business day
  • Resignation: Pay within 24 hours of employee demand

Source: Utah Payment of Wages Act
Statutory authority: Utah Code § 34-28-1 et seq.
Official text: https://le.utah.gov/xcode/Title34/Chapter28/

Filing Complaints

7.1 When to File a Complaint

Employees may file complaints when they believe their employment rights have been violated.

Common reasons to file complaints:

Wage and hour violations:

  • Unpaid wages or final paycheck
  • Minimum wage violations
  • Overtime pay disputes
  • Improper deductions from wages
  • Late payment of wages

Discrimination:

  • Discrimination based on protected characteristics
  • Harassment in the workplace
  • Retaliation for opposing discrimination
  • Failure to accommodate disabilities, religion, or pregnancy

Workplace safety:

  • Unsafe working conditions
  • Exposure to hazards
  • Lack of required safety equipment
  • Retaliation for reporting safety concerns

Other violations:

  • Retaliation for wage claims
  • Failure to provide workers’ compensation
  • Violations of employment laws

Before Filing

Before filing formal complaints, employees may consider:

  1. Internal resolution:
    • Raise concerns with supervisor or manager
    • Follow company complaint procedures
    • Document issues and communications
  2. Gather documentation:
    • Pay stubs and time records
    • Emails and written communications
    • Witness information
    • Dates and details of incidents
  3. Understand deadlines:
    • Different claims have different filing deadlines
    • Some are as short as 180 days
    • Filing early preserves rights

7.2 Filing Wage Claims with Utah Labor Commission

Employees who have not received earned wages may file a wage claim with the Utah Antidiscrimination and Labor Division.

Who Can File

According to the Utah Labor Commission:

“If you have a dispute over wages with your employer, you may file a wage claim with the Wage Claim Unit.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Verified: January 16, 2026

Employees may file wage claims for:

  • Unpaid wages
  • Unpaid final paychecks
  • Minimum wage violations
  • Late payment of wages
  • Improper wage deductions
  • Disputed wage amounts

How to File

Obtain the wage claim form:

According to the Utah Labor Commission:

“To file a wage claim, you must obtain and complete a Wage Claim Assignment Form. You may download a form from our website. If you prefer, you can contact the Division by phone or in person to obtain the Form, or if you need help completing the form.”

Source: Utah Labor Commission, Wage Claim Division
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/

Filing methods:

Online: Through Utah Labor Commission My LC Portal (recommended)

Mail or in-person: Utah Labor Commission
Antidiscrimination and Labor Division
160 East 300 South, 3rd Floor
P.O. Box 146630
Salt Lake City, UT 84114-6630

Phone: (801) 530-6801 or (800) 530-5090

What Happens After Filing

According to the Utah Labor Commission information:

“The Wage Claim Unit processes, investigates, mediates, adjudicates and files judgments with respect to claims concerning the laws listed above.”

Process includes:

  1. Initial review of claim
  2. Investigation
  3. Mediation attempts
  4. Adjudication if not resolved
  5. Judgment and collection

Source: Utah Labor Commission
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/

Small Claims Alternative

For wage claims of $10,000 or less, employees have alternative options.

According to Utah Code § 34-28-9(2):

“An employee may file an action for a wage claim in a court without exhausting the administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 if: (a) an employee or a group of employees files a wage claim in court; and (b) (i) the wage claim is greater than $10,000; or (ii) in the same civil action, more than one employee files a wage claim against an employer; and the aggregate amount of the employees’ combined wage claim is greater than $10,000.”

Source: Utah Payment of Wages Act
Citation: Utah Code § 34-28-9
Official text: https://le.utah.gov/xcode/Title34/Chapter28/34-28-S9.html

For claims $10,000 or less, employees must exhaust administrative remedies before filing in court.

Alternatively, employees may file in small claims court for amounts within small claims limits.


7.3 Filing Discrimination Complaints

Employees who believe they have experienced employment discrimination may file complaints with the Utah Antidiscrimination and Labor Division.

Filing Deadline

Complaints must be filed within 180 days of the alleged discriminatory act.

Critical timing requirement: The 180-day deadline is strict. Missing this deadline may result in loss of the right to file a state complaint.

Source: Utah Antidiscrimination Act
Regulatory authority: Utah Administrative Code R610

How to File

Step 1: Complete Intake Questionnaire

According to the Utah Labor Commission:

“File an Employment Discrimination Intake Questionnaire”

Filing methods:

Online:

Mail or in-person: Utah Labor Commission
Antidiscrimination and Labor Division
160 East 300 South, 3rd Floor
P.O. Box 146630
Salt Lake City, UT 84114-6630

Phone: (801) 530-6801 or (800) 530-5090

Source: Utah Labor Commission, Employment Discrimination
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/employment-discrimination/
Verified: January 16, 2026

Information to Include

The intake questionnaire will request:

  • Complainant’s contact information
  • Employer’s name and contact information
  • Basis of discrimination (protected class)
  • Description of discriminatory acts
  • Dates of incidents
  • Names of witnesses
  • Whether complaint filed with EEOC

Investigation Process

According to the Utah Labor Commission:

“The Utah Antidiscrimination and Labor Division’s (UALD) employment discrimination focus is to administer and enforce the Utah Antidiscrimination Act, Utah Code Ann. §34A-5-101 et seq.”

Process includes:

1. Initial review:

  • UALD reviews complaint for jurisdiction
  • May request additional information

2. Investigation:

  • UALD investigates allegations
  • Both parties provide evidence
  • Witnesses may be interviewed

3. Determination:

  • UALD issues determination and order
  • Finds either sufficient or insufficient evidence

4. Settlement opportunities: According to the Labor Commission:

“At any time in the UALD process, both you and the employer may offer to try to mediate or settle the case.”

5. Right to hearing: If determination finds discrimination or if party disagrees:

  • Party may request formal hearing
  • Request must be within 30 days

Source: Utah Labor Commission
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/employment-discrimination/

Right to Sue

According to the Utah Labor Commission:

“You may withdraw your charge with the Division and request a Notice of Right to Sue (issued by EEOC) which can be used to file your case in federal district court.”

Complainants may:

  • Proceed through administrative process, or
  • Withdraw and pursue private lawsuit
  • File in court if administrative process concludes without resolution

Source: Utah Labor Commission
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/employment-discrimination/


7.4 EEOC Complaints (Federal)

Employees may also file discrimination complaints with the federal Equal Employment Opportunity Commission (EEOC).

When to File with EEOC

File with EEOC for:

  • Federal discrimination claims (Title VII, ADA, ADEA, GINA)
  • Employers with 15+ employees (20+ for age discrimination)
  • Claims involving federal protections

Filing Deadline

180 days from discriminatory act (300 days in deferral states like Utah)

Utah has a work-sharing agreement with EEOC, making it a “deferral state.” This extends the federal filing deadline to 300 days.

Source: U.S. Equal Employment Opportunity Commission
Information: https://www.eeoc.gov/filing-charge-discrimination

Dual Filing

When filing with Utah UALD, the charge is automatically cross-filed with EEOC under work-sharing agreement.

When filing with EEOC, the charge is cross-filed with Utah UALD.

This allows complainants to preserve both state and federal rights.

How to File with EEOC

Online: EEOC Public Portal at https://publicportal.eeoc.gov/

Phone: 1-800-669-4000 (connect with local EEOC office)

In person: EEOC Phoenix District Office
(serves Utah)
3300 North Central Avenue, Suite 690
Phoenix, AZ 85012

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/phoenix/location

EEOC Process

  1. Charge filed with EEOC
  2. EEOC notifies employer
  3. Investigation (may include mediation offer)
  4. EEOC determination
  5. If violation found: Conciliation attempts
  6. If no resolution: EEOC may litigate or issue Right to Sue notice
  7. Individual may file lawsuit in federal court

Source: EEOC
Process information: https://www.eeoc.gov/charge-process


7.5 OSHA Safety Complaints

Employees may file complaints about unsafe workplace conditions with Utah Occupational Safety and Health (UOSH) Division.

When to File

File safety complaints for:

  • Unsafe working conditions
  • Exposure to hazards
  • Violations of safety standards
  • Lack of required safety equipment
  • Employer failure to address known hazards

How to File

For imminent danger:

According to the Utah OOSH poster:

“To report a workplace fatality or injury, file a workplace safety complaint, or for assistance please call (801) 530-6901 or (800) 530-5090.”

Imminent danger: Call immediately (801) 530-6901 or (800) 530-5090

Source: Utah Labor Commission, UOSH Division
Poster: Workplace Safety and Health in the State of Utah
Available at: https://laborcommission.utah.gov/wp-content/uploads/2019/11/uoshaPoster.pdf

For non-emergency complaints:

Online: File complaint through Utah Labor Commission website

Mail or in-person: Utah Labor Commission
UOSH Division
160 East 300 South
P.O. Box 146650
Salt Lake City, UT 84114-6650

Phone: (801) 530-6901 or (800) 530-5090

Website: https://laborcommission.utah.gov/divisions/uosh/

Confidentiality

According to the UOSH poster:

“You have the right to notify your employer or UOSH about workplace hazards. You may ask to keep your name confidential.”

Source: Utah Labor Commission
Available at: https://laborcommission.utah.gov/wp-content/uploads/2019/11/uoshaPoster.pdf

UOSH will:

  • Keep complainant name confidential if requested
  • Not reveal identity to employer
  • Conduct inspection based on complaint

Retaliation Protection

The UOSH poster states:

“You have the right to file a complaint with UOSH if you feel that your employer has retaliated against you for making safety or health complaints or for exercising your rights under the Utah Occupational Safety and Health Act.”

Source: Utah Labor Commission
Statutory protection: Utah Code § 34A-6-202
Official text: https://le.utah.gov/xcode/Title34A/Chapter6/34A-6-S202.html

Employers cannot retaliate against employees who:

  • File safety complaints
  • Participate in inspections
  • Exercise safety rights

Inspection Process

After complaint filed:

  1. UOSH reviews complaint
  2. May conduct workplace inspection
  3. Issues citations if violations found
  4. Employer must correct hazards by specified date
  5. Employer may contest citations

7.6 Private Lawsuits

In some circumstances, employees may file private lawsuits in court.

When Private Lawsuits Are Available

Employees may pursue private lawsuits for:

  • Breach of employment contract
  • Wage claims over $10,000 (or after exhausting administrative remedies)
  • Discrimination (after administrative process or with right-to-sue notice)
  • Wrongful termination
  • Violation of public policy
  • Personal injury (non-workers’ compensation)
  • Other employment torts

Court Options

Small Claims Court:

  • Claims up to $11,000 (Utah)
  • Simplified procedures
  • No attorney required (but allowed)
  • Faster resolution

District Court:

  • Claims over small claims limit
  • More formal procedures
  • Attorney representation typically beneficial
  • Longer timeline

Federal Court:

  • Federal law claims (Title VII, ADA, ADEA, FLSA, etc.)
  • Diversity jurisdiction (parties from different states, amount over $75,000)
  • Complex procedures
  • Attorney representation typically necessary

Statute of Limitations

Various statutes of limitations apply depending on claim type:

Contract claims: Generally 6 years (written contracts) or 4 years (oral contracts)

Discrimination:

  • Federal: Must file with EEOC, then file in court within 90 days of receiving right-to-sue notice
  • State: Must exhaust administrative remedies or obtain right-to-sue

Wage claims:

  • 3 years for FLSA violations
  • Utah state law: Must exhaust administrative remedies for claims $10,000 or less

Personal injury: Generally 4 years

Wrongful termination: Varies by legal theory (2-4 years)

Source: Utah statutes of limitations vary by claim type

Legal Representation

For private lawsuits, employees commonly:

  • Consult with an employment law attorney
  • Review legal rights and options
  • Evaluate strength of case
  • Consider costs and benefits
  • Preserve evidence and documentation

Many employment attorneys work on contingency (paid from recovery) for certain types of cases like discrimination or unpaid wages.


7.7 Complaint Filing Tips and Timelines

Critical Deadlines Summary

Utah UALD discrimination complaints: 180 days from discriminatory act

EEOC federal discrimination complaints: 300 days from discriminatory act (in Utah as deferral state)

Utah wage claims: No specific deadline stated, but file promptly; 3 years for administrative remedies before court

OSHA/UOSH safety complaints: No deadline, but file promptly for unsafe conditions

Workers’ compensation injury reports: Report to employer within 180 days of accident

Retaliation complaints: File within applicable discrimination complaint deadlines

Documentation Tips

What to document:

  • Dates, times, and locations of incidents
  • Names of witnesses
  • Copies of relevant documents (pay stubs, emails, policies, performance reviews)
  • Written summary of events
  • Medical records (if applicable)
  • Photos or videos (if relevant and legal)

How to preserve evidence:

  • Keep personal copies of all documents
  • Save emails and electronic communications
  • Make contemporaneous notes of conversations
  • Store securely outside workplace
  • Do not take employer proprietary information

Filing Multiple Complaints

Employees may file complaints with multiple agencies:

  • File both state and federal discrimination complaints (automatic cross-filing)
  • File wage claims and discrimination complaints separately if both apply
  • File safety complaints independent of other complaints
  • Pursue administrative remedies and preserve right to private lawsuit

Retaliation Prevention

After filing complaints:

  • Employers cannot retaliate
  • Document any adverse actions
  • Report retaliation promptly
  • Retaliation is separate violation
  • Protections apply during investigation process

Getting Help

Government resources for complaints and information:

Utah Labor Commission:

Equal Employment Opportunity Commission:

U.S. Department of Labor:

For legal advice: Consult with a licensed attorney. Contact information for government agencies that can provide referrals or assistance is available in Section 11 (Government Resources).

Remote Work in Utah

8.1 Remote Work Legal Framework in Utah

Utah does not have comprehensive state-specific legislation governing remote work arrangements. Remote work in Utah is primarily governed by existing employment laws applied to remote work contexts, along with federal regulations.

No Utah-Specific Remote Work Statute

As of January 2026, Utah has not enacted legislation specifically addressing:

  • Right to request remote work
  • Employer obligations to offer remote work
  • Remote work agreements or contracts
  • Specific protections for remote workers

Search conducted:

  • Utah Legislature website: https://le.utah.gov/
  • Utah Labor Commission website: https://laborcommission.utah.gov/
  • Search terms: “remote work”, “telework”, “work from home”, “telecommuting”
  • Date: January 16, 2026
  • Result: No Utah statutes specifically governing private sector remote work arrangements

Applicable Laws

Remote work in Utah is subject to existing employment laws, including:

Wage and hour laws:

  • Utah minimum wage requirements apply to remote workers
  • Federal FLSA overtime requirements apply
  • Wage payment requirements apply regardless of work location
  • Time tracking and recordkeeping obligations continue

Anti-discrimination laws:

  • Utah Antidiscrimination Act protections apply to remote workers
  • Reasonable accommodation obligations continue
  • Discrimination and harassment prohibitions apply to remote work settings

Workers’ compensation:

  • Coverage extends to injuries arising out of and in the course of remote employment
  • Employer obligations to maintain insurance apply
  • Work-related injury reporting requirements continue

Occupational safety:

  • Employers must provide safe work environments, including remote locations in some contexts
  • OSHA/UOSH standards may apply to home office equipment and conditions

Employment Relationship

Remote work does not automatically change the nature of the employment relationship:

  • At-will employment doctrine continues to apply
  • Employer’s right to set work location and arrangements
  • Employer’s right to modify or end remote work arrangements
  • Employee’s rights under employment contracts or policies

Unless modified by contract or policy, employers generally retain discretion to:

  • Require in-office work
  • Change remote work arrangements
  • Implement return-to-office policies
  • Set remote work eligibility criteria

2026 Updates and Recent Changes

9.1 Major Changes Effective in 2026

As of January 16, 2026, the following major legislative and regulatory changes are in effect or recently implemented:

Minimum Wage

No change for 2026:

Utah’s minimum wage remains tied to the federal minimum wage of $7.25 per hour. No state legislation increasing Utah’s minimum wage was enacted for 2026.

Source: Utah Code § 34-40-103
Official text: https://le.utah.gov/xcode/Title34/Chapter40/34-40-S103.html
Utah Labor Commission: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/

Anti-Discrimination Protections

Existing protections continue:

Utah’s protected classes remain:

  • Race, color, sex, pregnancy, age (40+), religion, national origin, disability, sexual orientation, gender identity

No new protected classes were added for 2026.

Source: Utah Code § 34A-5-106
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Pregnancy Accommodation Notice Requirement

Continues in effect:

Employers must post or include in handbooks notice of pregnancy accommodation rights (enacted in prior years, continues 2026).

Source: Utah Code § 34A-5-106(7)(e)
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html

Nondisclosure Agreement Limitations

Sexual harassment NDA restrictions continue:

Utah Code § 34A-5-114 (effective 2024) continues to restrict enforcement of nondisclosure agreements related to sexual harassment as a condition of employment.

Source: Utah Code § 34A-5-114
Official text: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S114.html

Unemployment Insurance

2026 taxable wage base: $50,700

The taxable wage base for unemployment insurance contributions increased for 2026.

Reserve factor for 2026: 1.10
Social cost for 2026: 0.001

Source: Utah Department of Workforce Services
Available at: https://jobs.utah.gov/UI/Employer/Public/Questions/TaxRates.aspx
Verified: January 16, 2026


9.2 Pending Legislation

As of January 16, 2026, the Utah Legislature’s 2026 General Session is in progress (January 20, 2026 to March 6, 2026).

Note: Pending legislation has not been enacted and may be amended or fail to pass.

To track pending employment legislation:

Utah Legislature website: https://le.utah.gov/

Search for bills by topic:

  • Labor and employment
  • Wages
  • Discrimination
  • Workers’ compensation
  • Unemployment insurance

Monitor legislative session:

Source: Utah State Legislature
2026 Session information: https://le.utah.gov/
Verified: January 16, 2026


9.3 How to Stay Updated

Official Sources for Updates

Utah Legislature:

  • Website: https://le.utah.gov/
  • New laws enacted during legislative sessions
  • Sign up for bill tracking notifications

Utah Labor Commission:

Utah Department of Workforce Services:

Federal Agencies:

Staying Informed

Monitor government sources:

  • Subscribe to government agency newsletters
  • Follow official government announcements
  • Check agency websites regularly for updates
  • Review legislative session results

Quarterly Review Schedule

This guide follows a quarterly review schedule:

2026 Review Schedule:

  • Q1 Review: April 2026
  • Q2 Review: July 2026
  • Q3 Review: October 2026
  • Q4 Review: January 2027

Immediate updates: Major legislative changes or significant court decisions will be incorporated as they occur, with immediate updates noted.

Resources

11.1 Utah State Agencies

Utah Labor Commission

Main Office:
160 East 300 South, 3rd Floor
P.O. Box 146600
Salt Lake City, UT 84114-6600

General Information:
Phone: (801) 530-6800 or (800) 530-5090
Website: https://laborcommission.utah.gov/

Divisions and Contact Information:

Utah Antidiscrimination and Labor Division (UALD)
Handles employment discrimination, wage claims

160 East 300 South, 3rd Floor
P.O. Box 146630
Salt Lake City, UT 84114-6630

Phone: (801) 530-6801 or (800) 530-5090
Website: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/

Services:

  • Employment discrimination complaints
  • Wage claims
  • Fair housing complaints
  • Minimum wage enforcement

Utah Occupational Safety and Health (UOSH) Division
Handles workplace safety

160 East 300 South
P.O. Box 146650
Salt Lake City, UT 84114-6650

Phone: (801) 530-6901 or (800) 530-5090
Imminent Danger: (801) 530-6901 or (800) 530-5090
Website: https://laborcommission.utah.gov/divisions/uosh/

Services:

  • Workplace safety complaints
  • Workplace inspections
  • Accident reporting
  • Safety consultation

Workers’ Compensation Division

160 East 300 South
P.O. Box 146615
Salt Lake City, UT 84114-6615

Phone: (801) 530-6800 or (800) 530-5090
Website: https://laborcommission.utah.gov/

Services:

  • Workers’ compensation claims
  • Insurance compliance
  • Benefit determination

Utah Department of Workforce Services

Main Office:
140 East 300 South
Salt Lake City, UT 84111

Unemployment Insurance:
Phone: (801) 526-9235 or (800) 222-2857
Website: https://jobs.utah.gov/ui/

Services:

  • Unemployment insurance registration
  • Quarterly reporting
  • New hire reporting
  • Unemployment benefits

New Hire Registry:

Utah New Hire Registry
P.O. Box 45247
Salt Lake City, UT 84145-0247

Phone: (801) 526-9235 or (800) 222-2857
Fax: (801) 526-4391
Website: https://jobs.utah.gov/ui/employer/public/NewHire/

Services:

  • New hire reporting
  • Registry forms and assistance

Employment Services:
Website: https://jobs.utah.gov/

Services:

  • Job search assistance
  • Employer recruitment services
  • Labor market information
  • Training programs

11.2 Federal Agencies

U.S. Department of Labor (DOL)

Wage and Hour Division – Salt Lake City District Office

1600 West 2200 South, Suite 101
West Valley City, UT 84119

Phone: (801) 524-5706
Website: https://www.dol.gov/agencies/whd

Services:

  • FLSA minimum wage and overtime enforcement
  • Family and Medical Leave Act compliance
  • Federal wage and hour complaints
  • Compliance assistance

DOL Resources:


U.S. Equal Employment Opportunity Commission (EEOC)

Phoenix District Office (serves Utah)

3300 North Central Avenue, Suite 690
Phoenix, AZ 85012

Toll-Free: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/field-office/phoenix/location

National Contact Center:
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Online inquiry: https://www.eeoc.gov/contact-eeoc

Services:

  • Federal discrimination complaints (Title VII, ADA, ADEA, GINA)
  • Discrimination information and guidance
  • Mediation services
  • Compliance assistance

EEOC Resources:


Occupational Safety and Health Administration (OSHA)

Note: Utah operates an OSHA State Plan. Workplace safety in Utah is handled by Utah OOSH (see Utah agencies above).

OSHA Region 8 (federal oversight of state plans)

1244 Speer Boulevard, Suite 551
Denver, CO 80204

Phone: (720) 264-6550
Website: https://www.osha.gov/contactus/bystate/CO/areaoffice

National OSHA Resources:

For Utah workplace safety issues, contact Utah OOSH (see Utah agencies above).


U.S. Citizenship and Immigration Services (USCIS)

Form I-9 and E-Verify:

Toll-Free: 1-888-464-4218 (I-9 questions)
E-Verify: 1-888-464-4218
Website: https://www.uscis.gov/i-9

Services:

  • Form I-9 requirements and forms
  • E-Verify registration and support
  • Employment authorization verification
  • Compliance assistance

USCIS Resources:


Internal Revenue Service (IRS)

Business & Specialty Tax Line:
Phone: 1-800-829-4933
Website: https://www.irs.gov/businesses

Services:

  • Employer Identification Number (EIN)
  • Employment tax guidance
  • W-2 and W-4 forms
  • Tax withholding requirements

IRS Resources:


11.3 Additional Resources

Note: This guide provides contact information for government agencies only. For legal representation or advice, consult with a licensed attorney. Government agencies listed in Sections 11.1 and 11.2 can provide information about filing complaints and understanding your rights under employment law.

Small Business Administration (SBA)

Utah District Office

125 South State Street, Room 2227
Salt Lake City, UT 84138

Phone: (801) 524-3209
Website: https://www.sba.gov/offices/district/ut/salt-lake-city

Services:

  • Small business assistance
  • Compliance guidance
  • Business resources
  • Counseling and training

Frequently Asked Questions - Utah Employment Law

1. What is employment law in Utah?

Employment law in Utah is the body of laws, regulations, and court decisions that govern the relationship between employers and employees in the state. It includes both Utah state statutes (primarily Utah Code Title 34 and Title 34A) and applicable federal laws. Employment law covers wage and hour requirements, workplace safety, anti-discrimination protections, workers’ compensation, unemployment insurance, and other aspects of the employment relationship. The Utah Labor Commission is the primary state agency administering Utah employment laws.

2. What is the difference between labor law and employment law?

Employment law is the broader framework governing individual employee-employer relationships, covering wages, discrimination, safety, and individual rights. Labor law is a subset of employment law that specifically addresses collective employee-employer relationships, including union organizing, collective bargaining, strikes, and labor-management relations. Employment law applies to all workers, while labor law primarily applies to unionized workplaces. In Utah, most workplaces are governed primarily by employment law rather than labor law.

3. Is Utah an at-will employment state?

Yes, Utah is an at-will employment state. This means that either the employer or employee may terminate the employment relationship at any time, for any reason or no reason, with or without notice, unless a specific exception applies. Major exceptions include: discrimination based on protected characteristics (race, sex, age 40+, disability, religion, national origin, sexual orientation, gender identity, pregnancy), retaliation for exercising legal rights, employment contracts that modify at-will status, and public policy violations.

4. What is the minimum wage in Utah in 2026?

The minimum wage in Utah is $7.25 per hour, equal to the federal minimum wage. Utah law ties the state minimum wage to the federal minimum wage under Utah Code § 34-40-103. Tipped employees may be paid a cash wage of $2.13 per hour if tips bring total compensation to at least $7.25 per hour. Employers may pay employees under 18 years old a training wage of $4.25 per hour for the first 90 days of employment.

5. Does Utah require overtime pay?

Utah does not have a state-specific overtime law. Overtime requirements are governed exclusively by the federal Fair Labor Standards Act (FLSA). Under federal law, covered non-exempt employees must receive overtime pay of 1.5 times their regular rate for hours worked over 40 in a workweek. To file an overtime complaint, contact the U.S. Department of Labor at (801) 524-5706.

6. Are meal breaks and rest breaks required in Utah?

No. Utah does not have a state law requiring employers to provide meal breaks or rest breaks to adult employees. Federal law also does not mandate breaks. If employers choose to provide short breaks (typically 5-20 minutes), federal law considers them compensable work time. Meal periods of 30 minutes or more may be unpaid if the employee is completely relieved of duties. Break policies are determined by employer policy, employment contracts, or collective bargaining agreements.

7. What are my rights as an employee in Utah?

Utah employees have rights under both state and federal law, including: minimum wage protections ($7.25/hour), overtime pay for non-exempt employees (1.5x after 40 hours/week under federal law), protection from discrimination based on race, color, sex, pregnancy, age (40+), religion, national origin, disability, sexual orientation, and gender identity, reasonable accommodations for disability, pregnancy, and religion, safe workplace free from recognized hazards, right to file wage claims and safety complaints, workers’ compensation coverage for work-related injuries, and protection from retaliation for exercising these rights.

8. Can my employer fire me for any reason in Utah?

Generally yes, due to Utah’s at-will employment doctrine, but with important exceptions. Employers cannot terminate employees for discriminatory reasons (race, sex, age 40+, disability, religion, national origin, sexual orientation, gender identity, pregnancy), retaliation for filing complaints or exercising legal rights, reasons that violate public policy, or reasons that breach employment contracts. If you believe you were wrongfully terminated, document the circumstances and consult with an employment attorney or file a complaint with the Utah Labor Commission.

9. How do I file a discrimination complaint in Utah?

File a discrimination complaint with the Utah Labor Commission’s Antidiscrimination and Labor Division (UALD). You must file within 180 days of the discriminatory act. Filing methods: online through My LC Portal at https://laborcommission.utah.gov/, by mail or in-person at 160 East 300 South, 3rd Floor, Salt Lake City, UT 84114-6630, or by phone at (801) 530-6801 or (800) 530-5090. You may also file with the federal EEOC within 300 days. Filing with either agency typically cross-files with the other.

10. Can I request remote work as a reasonable accommodation?

Possibly. Remote work may be required as a reasonable accommodation for disability, pregnancy, or religious observance if: you have a qualifying condition requiring accommodation, remote work would effectively accommodate your needs, you can perform essential job functions remotely, and it does not impose undue hardship on your employer. Request accommodation in writing, explain your need, provide medical documentation if requested, and engage in the interactive process with your employer. Employers may deny remote work if it creates undue hardship or alternative accommodations are available.

11. What are employer obligations in Utah?

Utah employers must: pay at least minimum wage ($7.25/hour) and overtime when required, post required workplace notices (workers’ compensation, OSHA, unemployment insurance), report new hires within 20 days to Utah New Hire Registry, maintain workers’ compensation insurance, register for unemployment insurance and pay quarterly taxes, complete Form I-9 for all employees to verify employment eligibility, comply with anti-discrimination laws and provide reasonable accommodations, maintain safe workplaces free from recognized hazards, keep required employment records (wage records for 3 years, I-9 forms, OSHA logs), pay wages on regular paydays at least semi-monthly, and pay final paychecks timely (immediately upon termination).

12. What workplace posters are required in Utah?

Utah requires: Workers’ Compensation Notice (all employers), Utah Occupational Safety and Health poster (all employers), Unemployment Insurance Notice (covered employers), and Pregnancy Accommodation Rights notice (in handbook or posted). Federal requirements include: Fair Labor Standards Act minimum wage poster, Equal Employment Opportunity “EEO is the Law” poster (15+ employees), Family and Medical Leave Act poster (50+ employees), Employee Polygraph Protection Act poster, and USERRA military service rights poster. Additional posters may be required for federal contractors. Download posters free from Utah Labor Commission and U.S. Department of Labor websites.

13. How long must employers keep employment records?

Recordkeeping requirements vary by type: wage and hour records must be kept for 3 years, with records showing wage computations kept for 2 years (FLSA); Form I-9 for 3 years after hire OR 1 year after termination, whichever is later; unemployment insurance records for 4 calendar years; Title VII/ADA/ADEA records for 1 year from creation or personnel action; OSHA injury and illness records for 5 years; and workers’ compensation records per insurance carrier requirements, generally 5+ years. Keep medical records separate and confidential.

14. Does Utah require paid sick leave?

No. Utah does not have a state law requiring private employers to provide paid sick leave. The federal Family and Medical Leave Act (FMLA) provides unpaid leave for eligible employees (those who work for covered employers with 50+ employees and meet service requirements), but does not mandate paid leave. Paid sick leave policies are determined by employer policy, employment contracts, or collective bargaining agreements. If employers provide sick leave, they must comply with their stated policies and apply them consistently.

15. Are there remote work protections in Utah?

Utah does not have specific state laws governing remote work arrangements for private employers. Remote work is regulated by existing employment laws applied to remote contexts. Employers generally have discretion to offer, modify, or end remote work arrangements under at-will employment doctrine, unless limited by contract or accommodation requirements. Remote workers retain protections under wage and hour laws, anti-discrimination laws, and workers’ compensation. Remote work may be required as reasonable accommodation for disability, pregnancy, or religious observance. Return-to-office mandates are generally permissible unless they violate contracts or accommodation obligations.

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current