Utah's law regarding wage payment can be found in Title 34, Chapter 28 of the Utah Code Annotated.

• 34-28-1. Public and certain other employments excepted.
• 34-28-2. Definitions.
• 34-28-3. Regular paydays -- Currency or negotiable checks required -- Deposit in financial institution -- Statement of total deductions -- Unlawful withholding or diversion of wages.
• 34-28-4. Notice of paydays -- Failure to notify a misdemeanor.
• 34-28-5. Separation from payroll -- Resignation -- Cessation because of industrial dispute.
• 34-28-6. Dispute over wages -- Notice and payment.
• 34-28-7. Payment at more frequent intervals permitted -- Agreements to contravene chapter prohibited unless approved by division.
• 34-28-8. Subcontractors -- Compliance with act.
• 34-28-10. Employers' records -- Inspection by division.
• 34-28-12. Violations -- Misdemeanor.
• 34-28-13. Assignment of wage claims -- Powers of division.
• 34-28-19. Retaliation prohibited -- Administrative process -- Enforcement -- Rulemaking.
• 34-32-1. Voluntary contributions act -- Assignments to labor unions -- Effect.

None of the provisions of this chapter shall apply to the state, or to any county, incorporated city or town, or other political subdivision, or to employers and employees engaged in farm, dairy, agricultural, viticultural or horticultural pursuits or to stock or poultry raising, or to household domestic service, or to any other employment where an agreement exists between employer and employee providing for different terms of payment, except the provisions of Section 34-28-5 shall apply to employers or employees engaged in farm, dairy, agricultural, viticultural, horticultural or stock or poultry raising.

Amended by Chapter 64, 1973 General Session

34-28-2. Definitions.

As used in this chapter:

(1) "Commission" means the Labor Commission.

(2) "Division" means the Division of Antidiscrimination and Labor.

(3) "Employer" includes every person, firm, partnership, association, corporation, receiver or other officer of a court of this state, and any agent or officer of any of the above-mentioned classes, employing any person in this state.

(4) "Wages" means all amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount.

Amended by Chapter 375, 1997 General Session

34-28-3. Regular paydays -- Currency or negotiable checks required -- Deposit in financial institution -- Statement of total deductions -- Unlawful withholding or diversion of wages.

(1)

(a) An employer shall pay the wages earned by an employee at regular intervals but in periods no longer than semimonthly on days to be designated in advance by the employer as the regular payday.

(b) An employer shall pay for services rendered during each pay period within ten days after the close of that period.

(c) If a payday falls on a Saturday, Sunday, or legal holiday, an employer shall pay wages earned during the pay period on the day preceding the Saturday, Sunday, or legal holiday.

(d) If an employer hires employees on a yearly salary basis, the employer may pay an employee on a monthly basis by paying on or before the seventh of the month following the month for which services were rendered.

(e) All wages shall be paid in full to the employee:

(i) in lawful money of the United States;

(ii) by checks or drafts on a depository institution, as defined in Section 7-1-103, convertible into cash on demand at full face value; or

(iii) by electronic transfer to the depository institution designated by the employee.

(2) A person, firm, corporation, agent, or officer may not issue in payment of wages due or as an advance on wages to be earned for services performed or to be performed within this state any order, check, or draft unless:

(a) it is negotiable and payable in cash, on demand, without discount, at a depository institution; and

(b) the name and address of the depository institution appears on the instrument.

(3)

(a) Except as provided in Subsection (3)(b), an employee may refuse to have the employee's wages deposited by electronic transfer under Subsection (1)(e)(iii) by filing a written request with the employer.

(b) An employee may not refuse to have the employee's wages deposited by electronic transfer under Subsection (3)(a) if:

(i) for the calendar year preceding the pay-period for which the employee is being paid, the employer's federal employment tax deposits were equal to or in excess of $250,000; and

(ii) at least two-thirds of the employees of the employer have their wages deposited by electronic transfer.

(c) An employer may not designate a particular depository institution for the exclusive payment or deposit of a check for wages.

(4) If any deduction is made from the wages paid, the employer shall, on each regular payday, furnish the employee with a statement showing the total amount of each deduction.

(5) It is unlawful for an employer to withhold or divert part of an employee's wages unless:

(a) the employer is required to withhold or divert the wages by:

(i) court order; or

(ii) state or federal law;

(b) the employee expressly authorizes the deduction in writing; or

(c) the employer presents evidence that in the opinion of the hearing officer or the administrative law judge would warrant an offset.

(6) It is unlawful for an employer to require an employee to rebate, refund, offset, or return any part of the wage, salary, or compensation to be paid to the employee except as provided in Subsection (5).

(7) An employer is not prohibited from pursuing legitimate claims of damages, offsets, or recoupments in a civil action against an employee.
Amended by Chapter 395, 1998 General Session

34-28-4. Notice of paydays -- Failure to notify a misdemeanor.

(1) It shall be the duty of every employer to notify his employees at the time of hiring of the day and place of payment, of the rate of pay, and of any change with respect to any of these items prior to the time of the change. Alternatively, however, every employer shall have the option of giving such notification by posting these facts and keeping them posted conspicuously at or near the place of work where such posted notice can be seen by each employee as he comes or goes to his place of work.
(2) Failure to post and to keep posted any notice or failure to give notice as prescribed in this section shall be deemed a misdemeanor and punishable as such.
Enacted by Chapter 85, 1969 General Session

34-28-5. Separation from payroll -- Resignation -- Cessation because of industrial dispute.

(1)

(a) Whenever an employer separates an employee from the employer's payroll the unpaid wages of the employee become due immediately, and the employer shall pay the wages to the employee within 24 hours of the time of separation at the specified place of payment.

(b)

(i) In case of failure to pay wages due an employee within 24 hours of written demand, the wages of the employee shall continue from the date of demand until paid, but in no event to exceed 60 days, at the same rate that the employee received at the time of separation.

(ii) The employee may recover the penalty thus accruing to the employee in a civil action. This action must be commenced within 60 days from the date of separation.

(iii) An employee who has not made a written demand for payment is not entitled to any penalty under Subsection (1)(b).

(2) If an employee does not have a written contract for a definite period and resigns the employee's employment, the wages earned and unpaid together with any deposit held by the employer and properly belonging to the resigned employee for the performance of the employee's employment duties become due and payable on the next regular payday.

(3) If work ceases as the result of an industrial dispute, the wages earned and unpaid at the time of this cessation become due and payable at the next regular payday, as provided in Section 34-28-3, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of the industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment.

(4) This section does not apply to the earnings of a sales agent employed on a commission basis who has custody of accounts, money, or goods of the sales agent's principal if the net amount due the agent is determined only after an audit or verification of sales, accounts, funds, or stocks.
Amended by Chapter 17, 1995 General Session

34-28-6. Dispute over wages -- Notice and payment.

In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due and shall pay such amount without condition within the time set by this chapter; but acceptance by the employee of any such payment made shall not constitute a release as to the balance of his claim.

Enacted by Chapter 85, 1969 General Session

34-28-7. Payment at more frequent intervals permitted -- Agreements to contravene chapter prohibited unless approved by division.

Nothing contained in this chapter shall in any way limit or prohibit the payment of wages or compensation at more frequent intervals, or in greater amounts or in full when or before due, but no provisions of this chapter can in any way be contravened or set aside by a mutual agreement unless the agreement is approved by the division.

Amended by Chapter 240, 1996 General Session

34-28-8. Subcontractors -- Compliance with act.

Whenever any person shall contract with another for the performance of work, then it shall be the duty of such person to provide in the contract that all wages earned pursuant to the contract shall be paid in accordance with the provisions of this chapter, and in the event that any wages earned under the contract shall not be paid as required in this act, such person shall be civilly liable for all wages for work performed under such contract in the same manner as if the employees entitled to such wages were directly employed by such person.

Enacted by Chapter 85, 1969 General Session

34-28-9. Enforcement of chapter -- Rulemaking authority.

(1)

(a) The division shall:

(i) ensure compliance with this chapter;

(ii) investigate any alleged violations of this chapter; and

(iii) determine the validity of any claim for any violation of this chapter filed with it by an employee.

(b) The commission may make rules consistent with this chapter governing wage claims and payment of wages.

(c) The minimum wage claim that the division may accept is $50.

(d) The maximum wage claim that the division may accept is $10,000.

(e) The wage claim shall be filed within one year of the date the wages were earned.

(2)

(a) The division may assess against an employer who fails to pay an employee in accordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee which shall be assessed daily until paid for a period not to exceed 20 days.

(b) The division shall:

(i) retain 50% of the money received from the penalty payments for the costs of administering this chapter;

(ii) pay all the sums retained under Subsection (2)(b)(i) to the state treasurer; and

(iii) pay the 50% not retained under Subsection (2)(b)(i) to the employee.

(3)

(a) An abstract of any final award may be filed in the office of the clerk of the district court of any county in the state. If so filed, it shall be docketed in the judgment docket of that district court.

(b) The time of the receipt of the abstract shall be noted by the clerk and entered in the judgment docket.

(c) If filed and docketed, the award constitutes a lien from the time of the docketing upon the real property of the employer situated in the county for a period of eight years from the date of the award unless previously satisfied.

(d) Execution may be issued on the award within the same time and in the same manner and with the same effect as if the award were a judgment of the district court.

(4)

(a) The commission may employ counsel, appoint a representative, or request the attorney general, or the county attorney for the county in which the plaintiff or the defendant resides, depending on the district in which the final award is docketed, to represent the commission on all appeals and to enforce judgments.

(b) The counsel employed by the commission, the attorney general, or the county representing the commission, shall be awarded:

(i) reasonable attorneys' fees, as specified by the commission; and

(ii) costs for:

(A) appeals when the plaintiff prevails; and

(B) judgment enforcement proceedings.

(5)

(a) The commission may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act on behalf of that department or agency, for the collection in any other state of claims or judgments for wages and other demands based upon claims previously assigned to the commission.

(b) The commission may, to the extent provided by any reciprocal agreement entered into under Subsection (5)(a), or by the laws of any other state, maintain actions in the courts of the other states for the collection of any claims for wages, judgments, and other demands and may assign the claims, judgments, and demands to the labor department or agency of any other state for collection to the extent that may be permitted or provided by the laws of that state or by reciprocal agreement.

(c) The commission may maintain actions in the courts of this state upon assigned claims for wages, judgments, and demands arising in any other state in the same manner and to the same extent that the actions by the commission are authorized when arising in this state if:

(i) the labor department or other corresponding agency of any other state or of any person, board, officer, or commission of that state authorized to act on behalf of the labor department or corresponding agency requests in writing that the commission commence and maintain the action; and

(ii) the other state by legislation or reciprocal agreement extends the same comity to this state.

Amended by Chapter 375, 1997 General Session

34-28-10. Employers' records -- Inspection by division.

(1)

(a) Every employer shall keep a true and accurate record of time worked and wages paid each pay period to each employee who is employed on an hourly or a daily basis in the form required by the commission rules.

(b) The employer shall keep the records on file for at least one year after the entry of the record.

(2) The director of the division or the director's designee may enter any place of employment during business hours to inspect the records and to ensure compliance with this section.

(3) Any effort of any employer to obstruct the commission in the performance of its duties is considered to be a violation of this chapter and may be punished as any other violation of this chapter.
Amended by Chapter 375, 1997 General Session

34-28-12. Violations -- Misdemeanor.

(1) Any employer who shall violate, or fail to comply with any of the provisions of this chapter shall be guilty of a misdemeanor.

(2) Any employer who shall refuse to pay the wages due and payable when demanded as in this chapter provided, or who shall falsely deny the amount thereof, or that the same is due, with intent to secure for himself or any other person any discount upon such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due, or who hires additional employees without advising each of them of every wage claim due and unpaid and of every judgment that the employer has failed to satisfy, shall be guilty of a misdemeanor.

Enacted by Chapter 85, 1969 General Session

34-28-13. Assignment of wage claims -- Powers of division.

(1) The division may take assignments of wage claims, rights of actions for penalties under Section 34-28-5, mechanics' and other liens of workers and rights of action against sureties, without being bound to any of the technical rules with reference to the validity of the assignments.

(2) The division may prosecute actions for the collection of claims which are valid and enforceable in the courts. The division may join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.
Amended by Chapter 240, 1996 General Session

34-28-19. Retaliation prohibited -- Administrative process -- Enforcement -- Rulemaking.

(1)

(a) An employer violates this chapter if he takes an action described in Subsection (1)(b) against an employee because:

(i) the employee files a complaint or testifies in a proceeding relative to the enforcement of this chapter;

(ii) the employee is going to file a complaint or testify in a proceeding relative to the enforcement of this chapter; or

(iii) the employer believes that the employee may file a complaint or testify in any proceeding relative to the enforcement of this chapter.

(b) Subsection (1)(a) applies to the following actions of an employer:

(i) the discharge of an employee;

(ii) the demotion of an employee; or

(iii) any other form of retaliation against an employee in the terms, privileges, or conditions of employment.

(2) (a) An employee claiming to be aggrieved by an action of the employer in violation of Subsection (1) may file with the division a request for agency action.

(b) On receipt of a request for agency action under Subsection (2)(a), the division:

(i) shall conduct an adjudicative proceeding pursuant to Title 63, Chapter 46b, Administrative Procedures Act; and

(ii) may attempt to reach a settlement between the parties through a settlement conference.

(3) If the division determines that a violation has occurred, the division may require the employer to:

(a) cease and desist any retaliatory action;

(b) compensate the employee, which compensation may not exceed reimbursement for, and payment of, lost wages and benefits to the employee; or

(c) do both (3)(a) and (b).

(4) The division may enforce this section in accordance with Subsections 34-28-9 (3) and (4).

(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the commission shall adopt rules, as required, to implement this section.

34-32-1. Voluntary contributions act -- Assignments to labor unions -- Effect.

(1) As used in this section:

(a) "Employee" means a person employed by any person, partnership, public, private, or municipal corporation, school district, the state, or any political subdivision of the state.

(b) "Employer" means the person or entity employing an employee.

(c)

(i) "Labor organization" means any association or organization of employees, and any agency, employee representation committee, or plan in which employees participate that exists, in whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment.

(ii) Except as provided in Subsection (1)(c)(iii), "labor organization" includes each employee association and union for employees of public and private sector employers.

(iii) "Labor organization" does not include organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.

(d) "Public employee" means a person employed by the state, a municipal corporation, a county, a municipality, a school district, a special district, or any other political subdivision of the state.

(e) "Union dues" means dues, fees, or other monies required as a condition of membership in a labor organization or as a condition of employment.

(2) Except as prohibited by Subsection (6), an employee may elect to direct his employer to:

(a) deduct a specified sum of up to 3% per month from his wages; and

(b) pay the amount deducted to a labor organization as assignee.

(3) If the employee elects to direct the employer to make the deduction authorized by Subsection (2), the employee shall sign a statement that:

(a) directs the employer to make the deduction;

(b) identifies the amount of the deduction;

(c) identifies the person or entity to whom the deduction is to be paid; and

(d) directs the employer to pay the deduction to that person or entity.

(4) An employer who receives a signed statement shall:

(a) keep the statement on file;

(b) deduct the specified sum from the employee's salary; and

(c) pay the deducted amount to the labor organization designated by the employee.

(5) The employer shall continue to make and pay the deduction as directed by the employee until the employee revokes or modifies the deduction in writing.

(6) A public employee may not direct an employer to deduct monies from his wages and pay them to:

(a) a registered political action committee;

(b) a fund as defined by Section 20A-11-1402; or

(c) any intermediary that contributes to a fund as defined in Section 20A-11-1402.

(7) Nothing in this section prohibits an individual from making personal contributions to a registered political action committee or to a fund as defined by Section 20A-11-1402.
Repealed and Re-enacted by Chapter 285, 2001 General Session

R610-3-4. Antidiscrimination and labor; Filing Procedure and Commencement of Agency Action.

A. For purposes of Section 63-46b-3, commencement of an adjudicative proceeding at the Division to resolve a claim for wages is accomplished by the wage claimant filing a wage claim assignment form. The wage claim assignment form shall act as a request for agency action and the form and accompanying agency cover letter shall together include all information specified in Section 63-46b-3(2).

B. An employee who is denied full payment of wages due or is affected or aggrieved by a violation of a statutory provision may file a claim with the Division on a form provided by the Division for that purpose.

1. Besides amounts due an employee for labor or services on a time, task, piece, commission, or other reasonable method of calculating the amount, wages also includes the following items, if due under an agreement with the employer or under a policy of the employer:

a. vacation;

b. holiday;

c. sick leave;

d. paid time off; and

e. severance payments and bonuses.

C. The claim shall include the Claimant's name and address, the Defendant's name and address, a brief and concise statement of the claims, complaints, or allegations, the amount of money which is alleged to be due the Claimant and the Claimant's signature notarized before a notary public.

D. Upon receipt of a claim, the Division shall enter its receipt and assign a claim number.

E. The Division may telephone the Defendant and attempt to resolve the claim.

F. When a rapid resolution is not effected, the Division shall mail to the Defendant a copy of the claim and a blank answer form together with an accompanying agency cover letter.

G. The Defendant shall have ten working days from the date of the letter to submit an answer to the claim.

H. Where the Defendant concedes the validity of the claim, the Defendant may pay or otherwise satisfy the claim within ten working days from the date of the letter without being subject to a penalty, under Section 34-28- 9(2).

1. As an exception to Subsection H, defendants that are repeat offenders by having more than two wage claims filed against them within a running year, which claims are determined by the Division to be valid and to not have resulted from the same facts or circumstances, shall be subject to a penalty in accordance with Section 34-28-9(2).

I. The Division shall by mail provide a copy of the defendant's answer to the claimant. The claimant shall have ten working days from the date of the letter to submit a rebuttal, if any.