Utah

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

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.

Overtime

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.

Breaks

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.

Annual Leave

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.

Minimum Wage

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.

Tips & Gratuities

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.

Meal Breaks

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.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Jury Duty Leave
An employer may not deprive an employee of employment, threaten or take any adverse employment action, or otherwise coerce the employee regarding employment because the employee receives a summons, responds to it, serves as a juror, or a grand juror, or attends court for prospective jury or grand jury service. An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury.
Voting Leave
Each employer shall allow any voter to be absent from service or employment on election day for not more than 2 hours between the time the polls open and close. The voter shall apply for a leave of absence before election day.
Military Leave
Any member of a reserve component of the armed forces of the United States who pursuant to military orders enters active duty, active duty for training, inactive duty training, or state active duty shall upon request be granted a leave of absence from employment, but for no more than 5 years.
Donor Leave
State employees are allowed up to 30 days of paid leave for organ donation. (§67-19-14.5).

Last updated on: February 7th, 2019