The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent. Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.
Utah has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act, which requires that all work in excess of 40 hours per week be paid at a rate of 1.5 times the employee’s regular rate of pay.
There are no state or federal laws that require an employer to provide lunch breaks or rest periods for adult workers. Most employers in the interest of efficiency and good employee relations will establish a policy governing leave and break periods. Minors under the age of 18 are entitled to a meal period of at least 30 minutes not later than five hours from the beginning of their shift. A rest break is required for minors of at least 10 minutes for every three hour period or part thereof that is worked.
Breast Feeding Break
The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA’s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.
In general, Utah labor law does not require an employer to provide annual leave benefits to its employees. If an employer does establish a policy or practice of providing benefits they are expected to abide by the policy or practice in a non-discriminatory manner.
The minimum wage is $7.25 per hour. The minimum wage rate is set by the Labor Commission, but may not exceed the federal rate under the Fair Labor Standards Act.
Minors may be paid $4.25 an hour for the first 90 days of employment; thereafter, they must be paid the minimum wage. Adult learners may be paid 25 cents less than the minimum wage for the first 160 hours of employment.
Employers of employees who customarily and regularly receive tips may pay those employees a cash wage of $2.13 an hour, provided the employees’ tips make up the difference between the cash wage and the statutory minimum wage. If $2.13 an hour plus tips actually received does not equal the minimum wage, the employer must pay the employee the difference. A compulsory charge for service imposed by the establishment is not a tip. These charges are part of the employer’s gross receipts. If service charges are imposed and the employees receive no tips, the employer must pay the entire minimum wage.
Utah has no general provisions for meal and rest breaks.
Minors must be given the opportunity for a meal period of at least 30 minutes no later than five hours after the beginning of the minor’s workday. If a minor is not completely relieved of all duties and permitted to leave his or her workstation the meal period must be paid as time worked. Minors must be provided at least a 10-minute paid rest period for every four hours of work or fraction thereof; however, no minor shall be required to work more than three consecutive hours without a 10-minute rest period.
Last updated on: February 7th, 2019