Utah Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 2026
Applicable Period: 2026 and current employment regulations
Key Characteristic: No statewide return to office mandate for private sector employers; state employee remote work policies under review and at-will employment framework in Utah
Table of Contents
- Introduction
- Applicable Legal Framework - Utah
- Competent Government Agencies
- Applicable Statutes - Compilation
- Reasonable Accommodations - Official Framework
- Official Complaint Process
- Published Official Documents
- Absence of Specific RTO Legislation
- State Employee Remote Work Policies
- Resources
- Frequently Asked Questions
Introduction
Utah’s return to office mandate primarily involves evolving state employee policies rather than a formal statewide executive order or legislative mandate for private sector employers. As of January 2026, Governor Spencer Cox has indicated plans to overhaul remote work policies for Utah’s state employees, with agencies requiring many workers to be in the office at least two days per week, though no final comprehensive mandate has been issued. Private sector employers in Utah operate under the state’s at-will employment framework without specific return to office requirements.
This guide compiles official information published by the Utah Labor Commission, Utah Legislature, Governor’s Office, and other government agencies regarding Utah’s approach to return to office policies, employee rights under the Utah Antidiscrimination Act, and accommodation processes.
Sources: Utah Labor Commission, Utah Legislature, Governor’s Office, Utah Antidiscrimination and Labor Division
Applicable Legal Framework -Utah
1.1 At-Will Employment Doctrine
Utah follows the at-will employment doctrine, which governs most employment relationships in the state. While Utah does not have a single statute codifying at-will employment in the same manner as some states, the doctrine is well-established through Utah case law and legislative provisions.
According to Utah courts and the Utah Labor Commission:
“Utah is an ’employment at will’ state. This means that the employment relationship between employer and employee exists by the agreement of both parties. This gives the employee the right to quit at any time or for the employer to terminate the employee at any time and for any legal reason.”
Source: Utah Labor Commission
Available at: https://laborcommission.utah.gov
The Utah Supreme Court has consistently recognized this doctrine. As stated in Berube v. Fashion Centre, 771 P.2d 1033, 1044 (Utah Sup.Ct. 1989):
“The general rule in Utah is that employment is terminable at the will of either the employer or the employee.”
Citation: Berube v. Fashion Centre, 771 P.2d 1033 (Utah 1989)
Official Utah Reports available at: Utah State Law Library
1.2 Exceptions to At-Will Employment
Utah recognizes several important exceptions to the at-will employment doctrine:
Public Policy Exception: Employers may not terminate employees for reasons that violate public policy, such as:
- Refusing to engage in illegal activities
- Exercising legal rights (jury duty, voting, workers’ compensation claims)
- Reporting violations of law (whistleblowing in certain circumstances)
Implied Contract Exception: Employment may not be at-will when an implied contract exists based on:
- Employer handbooks or manuals
- Oral promises or representations
- Course of dealing between employer and employee
Covenant of Good Faith and Fair Dealing: Utah recognizes limited application of this doctrine in employment relationships.
Source: Utah court decisions and Utah Code provisions
Available through: Utah State Courts, https://www.utcourts.gov
1.3 State-Specific RTO Legislation/Orders
As of January 3, 2026, searches of official Utah government sources reveal no comprehensive executive order or legislative mandate specifically governing return to office requirements for either state employees or private sector employers.
Legislative Research Results:
Website Searched: Utah State Legislature
URL: https://le.utah.gov
Date: January 3, 2026
Search Terms: “return to office,” “remote work mandate,” “telework requirements”
Result: No specific return to office legislation enacted
Executive Orders Reviewed:
Website: Governor’s Executive Orders
URL: https://governor.utah.gov/executive-orders/
Date Range Reviewed: 2021-2026
Relevant Orders Found:
- Executive Order 2021-08 (April 1, 2021): “Expanding Return to Work and Returnship Opportunities in Utah” – focuses on hiring practices and Return Utah program, not return to office mandates
- No executive orders identified specifically mandating return to office for state employees
Current Status:
According to statements from the Governor’s Office in January 2025, the state’s remote work policy for state employees is under review. The Governor’s Office has indicated that since the COVID-19 pandemic, the state has been bringing more state employees back into the office, with ongoing evaluation of what arrangements work best for different roles and agencies.
Source: Governor’s Office public statements, January 2025
Available through: https://governor.utah.gov
1.4 Application to Private Sector Employers
IMPORTANT: No Utah statute, executive order, or administrative regulation mandates return to office policies for private sector employers.
Private sector employers in Utah operate under the at-will employment framework subject to:
- Utah Antidiscrimination Act (Utah Code Ann. §34A-5-101 et seq.)
- Federal anti-discrimination laws (Title VII, ADA, ADEA)
- Reasonable accommodation requirements
- Contract obligations
- Collective bargaining agreements (where applicable)
Competent Government Agencies
2.1 Utah Labor Commission
The Utah Labor Commission serves as the primary state agency for employment-related matters, including enforcement of anti-discrimination laws and labor standards.
Official Contact Information:
Mailing Address:
Utah Labor Commission
160 East 300 South, 3rd Floor
P.O. Box 146600
Salt Lake City, UT 84114-6600
Physical Address:
160 East 300 South, 3rd Floor
Salt Lake City, UT 84111
Telephone: (801) 530-6800 or 1-800-222-1238 (toll-free in Utah)
Website: https://laborcommission.utah.gov
Function: The Labor Commission oversees workplace safety, workers’ compensation, workplace discrimination, fair housing, wage claims, and employment of minors. The Commission consists of five divisions, including the Utah Antidiscrimination and Labor Division.
Publications on RTO: No specific guidance documents on return to office mandates for private employers have been published.
2.2 Utah Antidiscrimination and Labor Division (UALD)
The UALD is the division within the Labor Commission that enforces the Utah Antidiscrimination Act and handles employment discrimination complaints.
Official Contact Information:
Mailing Address:
Utah Antidiscrimination and Labor Division
P.O. Box 146630
Salt Lake City, UT 84114-6630
Physical Address:
160 East 300 South, 3rd Floor
Salt Lake City, UT 84111
Telephone: (801) 530-6801
TDD: (801) 530-7685
Website: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/
Function: UALD investigates and resolves employment discrimination complaints, fair housing complaints, and wage claims. The division enforces:
- Utah Antidiscrimination Act (Utah Code Ann. §34A-5-101 et seq.)
- Utah Fair Housing Act (Utah Code Ann. §57-21-101 et seq.)
- Utah Payment of Wages Act (Utah Code Ann. §34-28-1 et seq.)
- Utah Minimum Wage Act (Utah Code Ann. §34-40-101 et seq.)
Filing Complaints:
- Online: My LC Portal at https://laborcommission.utah.gov
- Employment Discrimination Intake Questionnaire: Available online
- In Person: At the physical address above
- By Phone: (801) 530-6801
Filing Deadline: Complaints must be filed within 180 days of the last alleged discriminatory act.
2.3 Utah Division of Human Resource Management
The Division of Human Resource Management manages human resources for Utah state employees.
Official Contact Information:
Physical Address:
State Office Building
450 North State Street
Salt Lake City, UT 84114
Website: https://dhrm.utah.gov
Telephone: Contact through agency website
Function: Administers human resource policies for state employees, including compensation, benefits, recruitment, and workforce policies. The division operates under the Utah Department of Government Operations.
Publications: The division has published information about the Return Utah program (a returnship program for individuals re-entering the workforce) but not specific return to office mandates.
2.4 Equal Employment Opportunity Commission (EEOC) – Phoenix District Office
Utah falls under the jurisdiction of the EEOC’s Phoenix District Office.
EEOC Phoenix District Office:
Address:
3300 North Central Avenue, Suite 690
Phoenix, AZ 85012
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov
Coverage Area: Arizona, Colorado, Utah, Wyoming, and parts of New Mexico
Denver Field Office (closer to Utah):
Address:
950 17th Street, Suite 300
Denver, CO 80202
Phone: (720) 779-3610
Email: info.dfo@eeoc.gov
Website: https://www.eeoc.gov/field-office/denver
Function: Enforces federal employment discrimination laws including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
Filing Process: Charges can be filed through the EEOC Public Portal at https://publicportal.eeoc.gov
Work-Share Agreement: UALD has a work-sharing agreement with EEOC, allowing dual filing of charges under both state and federal law.
Applicable Statutes - Compilation
3.1 State Anti-Discrimination Laws
Utah Antidiscrimination Act
Citation: Utah Code Ann. §34A-5-101 et seq.
Enacted: 1965 (as Utah Fair Employment Practice Act)
Last Major Amendments: 2015 (adding sexual orientation and gender identity as protected classes)
Official Text: https://le.utah.gov/xcode/Title34A/Chapter5/
Protected Classes Under Utah Law:
- Race
- Color
- Religion
- Sex
- Pregnancy, childbirth, or pregnancy-related conditions
- Age (40 years or older)
- National origin
- Disability
- Sexual orientation
- Gender identity
Employer Coverage: Applies to employers with 15 or more employees
Key Provisions:
Utah Code §34A-5-106 establishes discriminatory or prohibited employment practices:
“It is a discriminatory or prohibited employment practice to take an action described in Subsections (1)(a) through (g).”
The statute prohibits employers from refusing to hire, promote, discharge, demote, terminate, retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified because of the protected characteristics listed above.
Source: Utah Code Ann. §34A-5-106
Available at: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html
Reasonable Accommodation Requirements:
Utah Code §34A-5-102(18) defines “disability” consistent with the Americans with Disabilities Act, requiring reasonable accommodations for qualified individuals with disabilities.
Retaliation Protections:
Utah Code §34A-5-106(1)(f) prohibits retaliation:
“A person, whether or not an employer, an employment agency, a labor organization, or the employees or members of an employer, employment agency, or labor organization, may not aid, incite, compel, or coerce the doing of an act defined in this section to be a discriminatory or prohibited employment practice, obstruct or prevent a person from complying with this chapter or any order issued under this chapter, or attempt, either directly or indirectly, to commit an act prohibited in this section.”
3.2 Federal Anti-Discrimination Laws
Title VII of the Civil Rights Act of 1964
Citation: 42 U.S.C. §2000e et seq.
Protected Classes: Race, color, religion, sex, national origin
Employer Coverage: 15 or more employees
Official Text: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Americans with Disabilities Act (ADA)
Citation: 42 U.S.C. §12101 et seq.
Protected Class: Disability
Employer Coverage: 15 or more employees
Reasonable Accommodation Required: Yes
Official Text: https://www.ada.gov
Age Discrimination in Employment Act (ADEA)
Citation: 29 U.S.C. §621 et seq.
Protected Class: Age 40 and older
Employer Coverage: 20 or more employees
Official Text: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
3.3 State Employment Laws
Utah Payment of Wages Act
Citation: Utah Code Ann. §34-28-1 et seq.
Function: Governs payment of wages upon termination
Key Provision: Final wages due within 24 hours if employee is terminated
Available at: https://le.utah.gov/xcode/Title34/Chapter28/
Utah Minimum Wage Act
Citation: Utah Code Ann. §34-40-101 et seq.
Current Minimum Wage: $7.25 per hour (same as federal minimum wage)
Last Updated: Follows federal minimum wage
Available at: https://le.utah.gov/xcode/Title34/Chapter40/
Employment of Minors Act
Citation: Utah Code Ann. §34-23-101 et seq.
Function: Regulates employment of persons under 18 years of age
Available at: https://le.utah.gov/xcode/Title34/Chapter23/
3.4 Summary Table of Key Laws
Utah Antidiscrimination Act | Utah Code Ann. §34A-5-101 et seq. | Race, color, religion, sex, pregnancy, age (40+), national origin, disability, sexual orientation, gender identity | https://le.utah.gov/xcode/Title34A/Chapter5/
Title VII of the Civil Rights Act | 42 U.S.C. §2000e et seq. | Race, color, religion, sex, national origin | https://www.eeoc.gov
Americans with Disabilities Act | 42 U.S.C. §12101 et seq. | Disability | https://www.ada.gov
Age Discrimination in Employment Act | 29 U.S.C. §621 et seq. | Age 40 and older | https://www.eeoc.gov
Reasonable Accommodations - Official Framework
4.1 State Law Requirements
The Utah Antidiscrimination Act requires employers to provide reasonable accommodations for qualified individuals with disabilities, mirroring federal ADA requirements.
Employer Size: Applies to employers with 15 or more employees
Definition of Disability:
According to Utah Code §34A-5-102(18):
“‘Disability’ means a physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.”
Source: Utah Code Ann. §34A-5-102(18)
Available at: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S102.html
Reasonable Accommodation Defined:
While Utah law does not provide a separate definition of reasonable accommodation beyond that established under federal ADA law, UALD follows ADA guidance. According to EEOC regulations applicable in Utah:
“Reasonable accommodation means modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position.”
Source: 29 C.F.R. §1630.2(o)
Available at: https://www.eeoc.gov
Pregnancy Accommodation:
Utah Code §34A-5-106(1)(e) specifically addresses pregnancy accommodations:
“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 pregnancy-related conditions.”
Source: Utah Code Ann. §34A-5-106(1)(e)
Enacted: 2016
4.2 Interactive Process
While Utah law does not specify detailed interactive process requirements separate from federal law, employers are expected to engage in an interactive process with employees requesting accommodations.
Federal ADA Interactive Process (applicable in Utah):
According to EEOC Enforcement Guidance:
Step 1: Employee notifies employer of need for accommodation due to disability
Step 2: Employer and employee engage in informal process to clarify:
- What the individual’s disability-related limitation is
- How the limitation affects the individual and the individual’s job performance
- What reasonable accommodation could address the limitation
Step 3: Employer identifies potential accommodations and assesses effectiveness
Step 4: Employer selects and implements accommodation
Source: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA
Available at: https://www.eeoc.gov/policy/docs/accommodation.html
Remote Work as Accommodation:
According to EEOC guidance applicable in Utah, remote work or telework may be a reasonable accommodation absent undue hardship. The COVID-19 pandemic demonstrated that many jobs can be performed remotely.
“An employee with a disability may be entitled to telework as a reasonable accommodation, even if the employer does not offer telework to other employees.”
Source: EEOC, Work at Home/Telework as a Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation
4.3 Undue Hardship
Employers are not required to provide accommodations that would impose an undue hardship.
Undue Hardship Factors:
According to federal law applicable in Utah:
- Nature and cost of the accommodation
- Overall financial resources of the facility making the reasonable accommodation
- Number of persons employed at the facility
- Effect on expenses and resources
- Overall financial resources of the covered entity
- Type of operation or operations of the covered entity
Source: 42 U.S.C. §12111(10)
Available at: https://www.ada.gov
4.4 Official Forms and Resources
UALD Forms:
The Utah Labor Commission provides the following forms related to employment discrimination and accommodation:
Employment Discrimination Intake Questionnaire
Available at: https://laborcommission.utah.gov/all-forms/uald-forms/
Format: Online fillable form
Purpose: To initiate an employment discrimination complaint
EEOC Forms:
Charge of Discrimination Form
Available at: https://www.eeoc.gov
Format: Online through Public Portal
Purpose: To file a charge with EEOC
Official Complaint Process
5.1 State Agency – Utah Antidiscrimination and Labor Division
Filing Deadline: 180 days from the date of the last alleged discriminatory act
Source: Utah Code Ann. §34A-5-107(1)(c)
Citation: “A request for agency action made under this section shall be filed within 180 days after the alleged discriminatory or prohibited employment practice occurs.”
How to File:
Option 1 – Online Filing:
URL: My LC Portal at https://laborcommission.utah.gov
Process: Complete Employment Discrimination Intake Questionnaire online
Available: 24/7
Option 2 – By Phone:
Phone: (801) 530-6801
Hours: Monday-Friday, 8:00 AM – 5:00 PM Mountain Time
TDD: (801) 530-7685
Option 3 – In Person:
Address:
Utah Antidiscrimination and Labor Division
160 East 300 South, 3rd Floor
Salt Lake City, UT 84111
Hours: Monday-Friday, 8:00 AM – 5:00 PM Mountain Time
Services: Free notary service available for charge signatures
Option 4 – By Mail:
Address:
Utah Antidiscrimination and Labor Division
P.O. Box 146630
Salt Lake City, UT 84114-6630
Official Process (from UALD):
Step 1 – Intake: Complete and submit Employment Discrimination Intake Questionnaire
Step 2 – Review: If the intake questionnaire meets filing requirements, a charge will be created and sent to the complainant to be signed before a notary public
Step 3 – Official Filing: Once the signed charge is returned, the Charge of Discrimination is officially opened
Step 4 – Dual Filing: The case is forwarded to EEOC for dual filing under applicable federal laws, but UALD investigates the case
Step 5 – Notice to Parties: Within 10 days, both the charging party and the employer (respondent) receive a copy of the charge by mail
Step 6 – Mediation (Optional): Either party may request mediation. An experienced mediator will create opportunities for dialogue and potential resolution before investigation proceeds
Step 7 – Investigation: If not resolved through mediation, UALD investigates the charge
Step 8 – Determination: UALD Director issues a Determination and Order
Step 9 – Appeal Options: If dissatisfied with the determination:
- Request evidentiary hearing before Administrative Law Judge with Utah Labor Commission
- Withdraw charge and request Notice of Right to Sue from EEOC to file in federal court
Source: UALD Employment Discrimination Process
Available at: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/employment-discrimination/
Investigation Timeline:
According to UALD, investigations typically proceed through mediation and investigation phases, with timelines varying based on case complexity and parties’ cooperation.
5.2 EEOC (Federal)
Filing Deadline: 300 days from the date of discrimination (in states with FEPA agreements like Utah)
Note: Utah has a work-sharing agreement with EEOC, so charges filed with UALD are automatically dual-filed with EEOC, and vice versa.
EEOC Filing Process:
Online Filing:
URL: https://publicportal.eeoc.gov
Process: Create account, complete intake questionnaire, schedule interview (in-person, by phone, or by video)
By Phone:
Toll-Free: 1-800-669-4000
TTY: 1-800-669-6820
Hours: Monday-Friday, 8:00 AM – 8:00 PM Eastern Time
EEOC Offices Serving Utah:
Primary – Phoenix District Office:
3300 North Central Avenue, Suite 690
Phoenix, AZ 85012
Phone: 1-800-669-4000
Closer Field Office – Denver:
950 17th Street, Suite 300
Denver, CO 80202
Phone: (720) 779-3610
Email: info.dfo@eeoc.gov
EEOC Process:
Step 1: File charge online or through local office
Step 2: EEOC notifies employer of charge
Step 3: EEOC investigates (may request documents, interview witnesses)
Step 4: EEOC issues determination:
- Cause finding: EEOC found reasonable cause to believe discrimination occurred
- No cause finding: EEOC did not find reasonable cause
Step 5: If cause is found, EEOC attempts conciliation
Step 6: If conciliation fails, EEOC may file lawsuit or issue Notice of Right to Sue
Step 7: With Right to Sue notice, individual may file lawsuit in federal court within 90 days
Source: EEOC
Available at: https://www.eeoc.gov/filing-charge-discrimination
Published Official Documents
6.1 State-Specific Guidance Documents
As of January 3, 2026, searches of Utah government websites reveal limited official guidance specifically on return to office mandates or policies.
Return Utah Program:
Document: Executive Order 2021-08: Expanding Return to Work and Returnship Opportunities in Utah
Issued By: Governor Spencer J. Cox
Date: April 1, 2021
Summary: Creates the Return Utah program, which provides returnship opportunities for individuals re-entering the workforce after extended absences. The program focuses on eliminating hiring barriers and creating pathways back to employment, not on return to office mandates.
Available at: https://rules.utah.gov/publications/executive-documents/
Format: PDF
Relevance to RTO: Not a return to office mandate; focuses on hiring practices
State Employee Remote Work Guidance:
Agency: Division of Human Resource Management
Documents Available: Information about telework programs and state employee benefits
Website: https://dhrm.utah.gov
Note: Specific return to office policies are managed at the individual agency level
6.2 Executive Orders
Review of Governor’s Executive Orders (2021-2026):
Source: Utah Office of Administrative Rules – Executive Documents
Website: https://rules.utah.gov/publications/executive-documents/
Date Reviewed: January 3, 2026
Relevant Orders:
Executive Order 2021-08 (April 1, 2021): “Expanding Return to Work and Returnship Opportunities in Utah”
Available at: https://rules.utah.gov/wp-content/uploads/Utah-Executive-Order-No.-2021-08.pdf
Summary: Establishes Return Utah returnship program; does not mandate return to office
Executive Order 2021-15 (October 12, 2021): “State Employee Leave For Mental and Emotional Health Treatment and Education”
Summary: Provides mental health leave for state employees; not related to RTO
Executive Order 2024-02 (October 25, 2024): “Increasing Military Leave for State Employees”
Summary: Increases military leave from 15 to 30 days; not related to RTO
Finding: No executive orders identified specifically mandating return to office for state employees or private sector workers.
6.3 Utah Labor Commission Publications
UALD Employment Discrimination Resources:
Available Resources:
- Utah Antidiscrimination Act (full text and analysis)
- Filing procedures for discrimination complaints
- Information on protected classes
- Reasonable accommodation guidance
- Employer responsibilities
Wage Claim Information:
Website: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/wage-claim/
Resources:
- Utah Payment of Wages Act information
- Utah Minimum Wage requirements
- Employment of minors regulations
- Wage claim filing procedures
Absence of Specific RTO Legislation
Legislative Research Results
As of January 3, 2026, comprehensive searches of the Utah Legislature website reveal no specific statutes enacted governing return to office mandates for either state employees or private sector employers.
Search Conducted:
Website: Utah State Legislature
URL: https://le.utah.gov
Date: January 3, 2026
Search Terms Used:
- “return to office”
- “remote work mandate”
- “telework requirements”
- “workplace location”
- “telecommuting”
Result: No relevant legislation identified
Bills Reviewed: 2021-2026 General Sessions and Special Sessions
Finding: No bills passed or currently pending that would mandate return to office policies for Utah employers
General Employment Framework Applies
In the absence of specific return to office legislation, Utah employers and employees are governed by:
At-Will Employment Doctrine
Source: Utah case law, including Berube v. Fashion Centre, 771 P.2d 1033 (Utah 1989)
Principle: Employment terminable by either party for any legal reason
Anti-Discrimination Laws
Citation: Utah Code Ann. §34A-5-101 et seq.
Protection: Employers cannot discriminate based on protected characteristics
Reasonable Accommodation Requirements
Source: Utah Antidiscrimination Act and federal ADA
Requirement: Reasonable accommodations for disability, pregnancy, and religious beliefs
Anti-Retaliation Protections
Citation: Utah Code Ann. §34A-5-106(1)(f)
Protection: Employees protected from retaliation for asserting rights
Private Sector Employer Discretion
Private sector employers in Utah generally have discretion to:
- Establish workplace policies, including location requirements
- Modify remote work arrangements (subject to contracts and accommodations)
- Require employees to return to physical workplaces
- Terminate at-will employees (subject to anti-discrimination and other legal protections)
Limitations on Employer Discretion:
- Must comply with written employment contracts
- Must comply with collective bargaining agreements
- Must provide reasonable accommodations where required
- Cannot discriminate based on protected characteristics
- Cannot retaliate for protected activities
State Employee Remote Work Policies
8.1 Current Status (January 2026)
According to official statements from Utah government agencies, state employee remote work policies are in transition.
Governor’s Position:
According to statements from the Governor’s Office in January 2025, the state’s remote work policy for state employees is under review. The Governor’s Office has indicated ongoing evaluation of remote work arrangements to determine what works best for different roles and agencies.
Source: Governor’s Office public statements, January 2025
Available through: https://governor.utah.gov
Current Requirements:
According to communications from state agencies, many Utah state employees have been notified of requirements to be in the office at least two days per week. However, no single comprehensive statewide mandate has been issued as of January 2026.
State Employee Statistics (2025):
According to the Division of Human Resource Management:
- Total executive branch employees: Approximately 22,400
- Employees eligible for telework: Approximately 8,890 (40%)
- Jobs that could be full-time telework: Approximately 3,982
Source: Division of Human Resource Management
Available at: https://dhrm.utah.gov
8.2 Historical Context
Pre-Pandemic Telework:
Utah operated a telework pilot program starting in 2018. Lieutenant Governor Spencer Cox (later Governor) led this initiative and described himself as “a televangelist for telework.”
Executive Actions During Pandemic:
Soon after taking office in January 2021, Governor Cox issued executive direction requiring state agencies to review every job “to determine whether it can be performed remotely.”
Stated Benefits (from 2021 executive direction):
- Reducing commuting’s contribution to poor air quality
- Supporting families by limiting commute time and expense
- Cost savings on office space
- Estimated $13 million annual savings from reducing leased office space
- Estimated $300 million in construction cost savings over a decade
Source: Governor’s Office statements from 2021
Available through: Utah Executive Branch communications
Shift Beginning in 2024:
According to statements from the Department of Government Operations, state agencies began requiring more in-office presence in 2024. The department indicated a shift toward what it described as “a more sustainable model of teleworking.”
According to official statements from the Department of Government Operations, the shift toward increased in-office presence has been influenced by observing workplace trends and determining appropriate balances between remote and in-office work for state operations.
Source: Department of Government Operations
Available through: Utah Department of Government Operations
8.3 Agency-Level Policies
According to official statements, individual state agencies maintain their own telework policies within general executive branch guidance.
Variation Across Agencies: Different agencies may have different requirements based on:
- Nature of work performed
- Public service requirements
- Office space availability
- Operational needs
Note: Specific agency policies are not centrally published or tracked in a comprehensive manner accessible to the public.
8.4 State vs. Private Sector Distinction
CRITICAL DISTINCTION:
State employee remote work policies, whether set by executive direction, agency policy, or future executive order, do NOT apply to private sector employers.
Private sector employers are NOT subject to any Utah state requirement to follow state employee telework policies or return to office directions.
Resources & Contacts
10.1 Utah Government Agencies
Utah Labor Commission
Official Website: https://laborcommission.utah.gov
General Phone: (801) 530-6800 or 1-800-222-1238
Address: 160 East 300 South, 3rd Floor, Salt Lake City, UT 84111
Function: Oversees workplace safety, workers’ compensation, discrimination enforcement, wage claims
Utah Antidiscrimination and Labor Division
Official Website: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/
Phone: (801) 530-6801
TDD: (801) 530-7685
Mailing Address: P.O. Box 146630, Salt Lake City, UT 84114-6630
Function: Enforces Utah Antidiscrimination Act, Fair Housing Act, wage laws
Utah Division of Human Resource Management
Official Website: https://dhrm.utah.gov
Address: State Office Building, 450 North State Street, Salt Lake City, UT 84114
Function: Manages state employee human resources, including telework programs
Utah State Legislature
Official Website: https://le.utah.gov
Phone: (801) 538-1408 (Senate), (801) 538-1029 (House)
Function: Enacts state laws, provides public access to Utah Code and bills
Governor’s Office
Official Website: https://governor.utah.gov
Phone: (801) 538-1000
Address: Utah State Capitol Complex, 350 North State Street, Suite 200, Salt Lake City, UT 84114
Function: Executive leadership, issues executive orders and policy direction
10.2 Federal Agencies
Equal Employment Opportunity Commission – Phoenix District Office
Official Website: https://www.eeoc.gov
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Address: 3300 North Central Avenue, Suite 690, Phoenix, AZ 85012
Function: Enforces federal employment discrimination laws
Equal Employment Opportunity Commission – Denver Field Office
Official Website: https://www.eeoc.gov/field-office/denver
Phone: (720) 779-3610
Email: info.dfo@eeoc.gov
Address: 950 17th Street, Suite 300, Denver, CO 80202
Function: EEOC field office serving Colorado and Wyoming, accessible to Utah residents
U.S. Department of Labor
Official Website: https://www.dol.gov
Toll-Free: 1-866-487-2365
Function: Enforces federal labor laws including FMLA, FLSA, wage and hour requirements
10.3 Key Legal Publications
Utah Code
Official Website: https://le.utah.gov/xcode/code.html
Format: Searchable online database
Content: Complete Utah statutes including Title 34 (Labor in General) and Title 34A (Utah Labor Code)
Utah Administrative Code
Official Website: https://rules.utah.gov
Format: Searchable online database
Content: Administrative rules including those governing Utah Labor Commission
EEOC Compliance Manual and Guidance
Official Website: https://www.eeoc.gov/laws/guidance
Content: Federal employment discrimination guidance applicable in Utah
ADA Resources
Official Website: https://www.ada.gov
Content: Americans with Disabilities Act regulations and guidance
10.4 Legal Assistance Resources
For legal advice and representation (not just information):
Utah State Bar Association
Website: https://www.utahbar.org
Phone: (801) 531-9077
Lawyer Referral Service: (801) 297-7049
Service: Official state regulatory organization that can connect individuals with licensed Utah attorneys practicing employment law
Note: Government agencies (UALD, EEOC, Labor Commission) provide information and enforcement services, not legal advice or representation. For advice on your specific situation, consult a licensed attorney in Utah.
Frequently Asked Questions - RTO mandate Utah
What is Utah’s return to office mandate?
Utah does not have a comprehensive statewide return to office mandate. No executive order or legislative statute requires private sector employers or state agencies to mandate return to office. Governor Cox has indicated that state employee remote work policies are under review, with many state agencies requiring employees to be in the office at least two days per week as of early 2025, but no final comprehensive mandate has been issued. Private sector employers operate under at-will employment principles without specific state requirements regarding workplace location.
Source: Governor’s Office statements, January 2025
Available through: Utah government press releases
Does Utah’s state employee return to office policy apply to private employers?
No. Any return to office policies or requirements for Utah state employees do NOT apply to private sector employers. Private sector employers in Utah are not subject to state mandates regarding workplace location or remote work policies. Private employers operate under the at-will employment framework and may establish their own workplace policies, subject to anti-discrimination laws, reasonable accommodation requirements, and contractual obligations.
Source: Utah employment law framework
Reference: Utah Code Ann. §34A-5-101 et seq. (applies only non-discrimination requirements, not location mandates)
Can my employer force me back to the office in Utah?
Generally, yes, unless you have a contract, collective bargaining agreement, or are entitled to a reasonable accommodation. Utah follows the at-will employment doctrine, which means employers can generally change terms and conditions of employment, including workplace location requirements, and employees can be terminated for refusing to comply with lawful workplace policies. However, employers must provide reasonable accommodations for disabilities, pregnancy, and religious beliefs where required, and cannot discriminate based on protected characteristics when implementing return to office policies.
Exceptions:
- Written employment contracts specifying remote work
- Collective bargaining agreements addressing workplace location
- Reasonable accommodation requirements for disabilities or pregnancy
- Implied contracts based on employer representations
- Public policy violations
Source: Utah at-will employment doctrine and Utah Antidiscrimination Act
Reference: Utah Code Ann. §34A-5-101 et seq.
What are my accommodation rights under Utah law?
Under the Utah Antidiscrimination Act and federal ADA, employers with 15 or more employees must provide reasonable accommodations for qualified individuals with disabilities unless doing so would create an undue hardship. Reasonable accommodations may include modifications to workplace policies, schedules, or location to enable individuals with disabilities to perform essential job functions. Remote work or telework may be a reasonable accommodation for some disabilities. Employers must engage in an interactive process with employees requesting accommodations.
Protected Accommodation Rights:
- Disability accommodations (Utah Antidiscrimination Act and ADA)
- Pregnancy, childbirth, and breastfeeding accommodations (Utah Code §34A-5-106(1)(e))
- Religious accommodations (Utah Antidiscrimination Act and Title VII)
Process: Notify employer of need for accommodation, engage in interactive process, employer assesses and implements reasonable accommodation absent undue hardship.
Source: Utah Code Ann. §34A-5-102, §34A-5-106; 42 U.S.C. §12101 et seq.
Available at: https://le.utah.gov/xcode/Title34A/Chapter5/
How do I file a discrimination complaint in Utah?
To file an employment discrimination complaint in Utah, you have two options: file with the Utah Antidiscrimination and Labor Division (UALD) or the Equal Employment Opportunity Commission (EEOC). Both agencies have a work-sharing agreement allowing dual filing.
UALD Filing Process:
- Deadline: Within 180 days of the last discriminatory act
- Online: My LC Portal at https://laborcommission.utah.gov
- Phone: (801) 530-6801
- In Person: 160 East 300 South, 3rd Floor, Salt Lake City, UT 84111
- Process: Complete Employment Discrimination Intake Questionnaire, sign charge before notary (free service available), charge is officially filed and dual-filed with EEOC
EEOC Filing Process:
- Deadline: Within 300 days of the last discriminatory act
- Online: https://publicportal.eeoc.gov
- Phone: 1-800-669-4000
- Process: Complete intake questionnaire, schedule interview (phone, video, or in-person)
Source: UALD and EEOC
Available at: https://laborcommission.utah.gov and https://www.eeoc.gov
Can I request remote work as a reasonable accommodation?
Yes, employees may request remote work or telework as a reasonable accommodation for a disability. According to EEOC guidance applicable in Utah, an employee with a disability may be entitled to telework as a reasonable accommodation, even if the employer does not offer telework to other employees. The COVID-19 pandemic demonstrated that many jobs can be performed remotely, which may strengthen claims that remote work is feasible for certain positions.
Requirements:
- You must have a disability as defined by the ADA
- You must be a qualified individual able to perform essential job functions with or without accommodation
- Remote work must be a reasonable accommodation (not creating undue hardship)
- You must engage in the interactive process with your employer
Employer Evaluation: Employers will consider whether remote work would enable you to perform essential functions, whether it creates undue hardship, and whether other accommodations could be effective.
If Denied: If your employer denies a remote work accommodation request, you may file a complaint with UALD or EEOC.
Source: EEOC Work at Home/Telework as a Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation
What is Utah’s Antidiscrimination Act?
The Utah Antidiscrimination Act is Utah’s primary state law prohibiting employment discrimination. Enacted in 1965 as the Utah Fair Employment Practice Act, the law prohibits discrimination in employment based on race, color, religion, sex, pregnancy, childbirth, pregnancy-related conditions, age (40 and older), national origin, disability, sexual orientation, and gender identity. The Act applies to employers with 15 or more employees and is enforced by the Utah Antidiscrimination and Labor Division of the Utah Labor Commission.
Key Provisions:
- Prohibits discriminatory hiring, firing, promotion, demotion, and compensation practices
- Requires reasonable accommodations for disabilities and pregnancy
- Prohibits retaliation for asserting rights or participating in investigations
- Provides enforcement through administrative complaints and adjudication
Citation: Utah Code Ann. §34A-5-101 et seq.
Enforcement Agency: Utah Antidiscrimination and Labor Division
Available at: https://le.utah.gov/xcode/Title34A/Chapter5/
Where do I file an EEOC complaint in Utah?
Utah does not have a local EEOC office. Utah is served by the EEOC’s Phoenix District Office, with the Denver Field Office being geographically closer.
Filing Options:
- Online: https://publicportal.eeoc.gov (recommended)
- Phone: 1-800-669-4000 (toll-free)
- TTY: 1-800-669-6820
Phoenix District Office:
3300 North Central Avenue, Suite 690
Phoenix, AZ 85012
Coverage: Arizona, Colorado, Utah, Wyoming, parts of New Mexico
Denver Field Office (closer):
950 17th Street, Suite 300
Denver, CO 80202
Phone: (720) 779-3610
Email: info.dfo@eeoc.gov
Preferred Method: Use the online Public Portal to schedule an intake appointment by telephone, video, or in-person at Denver office if you wish to travel.
Source: EEOC
Available at: https://www.eeoc.gov/field-office
What is at-will employment in Utah?
At-will employment is the default employment relationship in Utah. Under at-will employment, either the employer or the employee can terminate the employment relationship at any time, for any legal reason, or for no reason at all, without advance notice. This doctrine gives both parties flexibility but means employers can change workplace policies, including requiring return to office, and terminate employees who refuse to comply.
Exceptions to At-Will Employment:
- Public Policy Exception: Cannot terminate for reasons violating public policy (e.g., refusing to break the law, exercising legal rights like voting or jury duty)
- Implied Contract Exception: Cannot terminate contrary to implied contracts created by handbooks, oral promises, or course of dealing
- Discrimination Exception: Cannot terminate based on protected characteristics (race, color, religion, sex, age, disability, etc.)
- Retaliation Exception: Cannot terminate for asserting legal rights or participating in protected activities
Source: Utah case law and statutory provisions
Key Case: Berube v. Fashion Centre, 771 P.2d 1033 (Utah 1989)
Reference: Utah Labor Commission guidance
What is the difference between state employee and private sector RTO requirements in Utah?
State Employees:
- Subject to policies set by Governor, Department of Government Operations, and individual agencies
- Currently many agencies require at least 2 days per week in office
- Policies may change based on executive direction
- No formal comprehensive mandate issued as of January 2026
- Policies are evolving and under review
Private Sector Employees:
- NOT subject to any state RTO mandate or requirement
- Employers have discretion to set workplace policies under at-will employment
- Subject only to contractual obligations, collective bargaining agreements, and accommodation requirements
- Must comply with anti-discrimination laws when implementing policies
Common Requirements for Both:
- Reasonable accommodation for disabilities
- Anti-discrimination protections
- Anti-retaliation protections
- Pregnancy accommodations
Source: Utah employment law framework
Reference: Utah Code Title 34A (Labor Code), Governor’s Office policies
Are there any pending RTO bills in the Utah Legislature?
As of January 3, 2026, searches of the Utah Legislature website reveal no pending legislation specifically addressing return to office mandates for either state employees or private sector employers.
2026 General Session: Begins January 20, 2026 and runs through March 6, 2026
How to Monitor: Visit https://le.utah.gov for bill tracking and updates
Search Terms to Track:
- “Return to office”
- “Remote work”
- “Telework”
- “Workplace location”
Current Status: No identified pending legislation on RTO mandates
Source: Utah State Legislature
Available at: https://le.utah.gov
How does Utah regulate remote work?
Utah does not have specific statutes or regulations governing remote work for private sector employers. Remote work arrangements are governed by:
General Employment Law Framework:
- At-will employment doctrine (allows employers to set workplace policies)
- Anti-discrimination laws (employers cannot discriminate in remote work policies)
- Reasonable accommodation requirements (may require remote work as accommodation)
- Contract law (written agreements or collective bargaining agreements control)
- Workers’ compensation (applies to home-based work injuries in some circumstances)
- Wage and hour laws (apply regardless of work location)
State Employee Remote Work: Governed by executive branch policies set by Governor and agency directors, not by statute.
No Specific Requirements: Utah has not enacted “right to remote work” legislation or employer mandates regarding remote work availability.
Source: Utah employment law framework
Reference: Utah Code Title 34, Title 34A
What should I do if my employer denies my accommodation request?
If your employer denies your request for a reasonable accommodation, including a request for remote work, you have several options:
Step 1 – Request Written Explanation: Ask your employer to provide in writing the reasons for denying the accommodation.
Step 2 – Review the Denial: Consider whether:
- The employer engaged in good faith interactive process
- The employer considered alternative accommodations
- The employer’s stated reason for denial is legitimate (e.g., undue hardship)
Step 3 – Propose Alternatives: Suggest alternative accommodations that might address your needs.
Step 4 – Internal Appeal: If your employer has an internal complaint or appeal process, use it.
Step 5 – File External Complaint: If internal processes fail or are unavailable, file a complaint:
Utah Antidiscrimination and Labor Division:
- Deadline: 180 days from denial
- File at: https://laborcommission.utah.gov
- Phone: (801) 530-6801
EEOC:
- Deadline: 300 days from denial
- File at: https://publicportal.eeoc.gov
- Phone: 1-800-669-4000
Step 6 – Consult Attorney: Consider consulting an employment attorney for advice on your specific situation.
Source: UALD and EEOC procedures
Available at: https://laborcommission.utah.gov and https://www.eeoc.gov
Can my employer require a doctor’s note for remote work accommodation?
Yes, employers can request medical documentation to support a request for reasonable accommodation. According to EEOC guidance applicable in Utah, when an employee’s disability or need for accommodation is not obvious, employers may request reasonable documentation about the disability and functional limitations.
What Employers Can Request:
- Information about the nature of the disability
- How the disability limits major life activities or job functions
- Why the requested accommodation is needed
- How the proposed accommodation will be effective
What Employers Cannot Request:
- Complete medical records
- Unrelated medical information
- Information beyond what is necessary to establish disability and need for accommodation
Employee Responsibility: Employees should cooperate with reasonable documentation requests. Failure to provide requested documentation may result in denial of the accommodation request.
Source: EEOC Enforcement Guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees
Does Utah have a “right to request” remote work law?
No. Utah has not enacted legislation creating a “right to request” flexible working arrangements or remote work. Employees do not have a statutory right to request remote work, and employers are not required to have formal processes for considering such requests (except in the context of reasonable accommodation for disabilities).
Contrast with Some Other Jurisdictions: Some states and countries have enacted “right to request” laws requiring employers to consider and respond to flexible work requests. Utah has not enacted such legislation.
Current Framework: Remote work requests in Utah are governed by:
- Employment contracts (if they address remote work)
- Employer policies (which employers may choose to establish)
- Reasonable accommodation requirements (for disabilities or other protected needs)
- At-will employment principles (employers may grant or deny requests at discretion)
Source: Utah employment law
Available at: https://le.utah.gov