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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Utah employers must provide a meal period of not less than 30 minutes to employees
under the age of 18 scheduled to work more than 5 hours. Employers must provide a rest
break of at least 10 minutes to employees under the age of 18 for every 3 hour period or
part thereof that is worked. Utah Code R610-2-3.
Utah does not require employers to provide breaks, including lunch breaks, for workers 18
years old or older. UT Labor Comm. FAQs. An employer who chooses to provide a break in
excess of 20 minutes does not have to pay wages for lunch periods or other breaks if the
employee is free to leave the worksite, in fact takes their lunch or break, and the employee
does not actually perform work. According to federal law, breaks 20 minutes or shorter
typically must be paid.
Utah employers must provide a meal period of not less than 30 minutes to employees
under the age of 18 scheduled to work more than 5 hours. Employers must provide a rest
break of at least 10 minutes to employees under the age of 18 for every 3 hour period or
part thereof that is worked. Utah Code R610-2-3.
Utah does not require employers to provide breaks, including lunch breaks, for workers 18
years old or older. UT Labor Comm. FAQs. An employer who chooses to provide a break in
excess of 20 minutes does not have to pay wages for lunch periods or other breaks if the
employee is free to leave the worksite, in fact takes their lunch or break, and the employee
does not actually perform work. According to federal law, breaks 20 minutes or shorter
typically must be paid.
Vacation
In Utah, employers are not required to provide employees with vacation benefits, either paid
or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of
its established policy or employment contract. UT Admin. Code R610-3-4(B)(1); UT Labor
Comm. FAQs.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. UT Admin. Code R610-3-4
(B)(1); UT Labor Comm. FAQs.
Neither Utah’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
Although Utah’s authorities are silent regarding many vacation policy issues, based on the
contractual emphasis Utah has placed on vacation policies, an employer is likely free to
implement the vacation policy of its choosing, including policies providing for the forfeiture
of accrued vacation leave upon separation from employment. UT Admin. Code R610-3-4(B)
(1). An employer is required to comply with the terms of the policy it chooses to implement.
UT Admin. Code R610-3-4(B)(1).
In Utah, employers are not required to provide employees with vacation benefits, either paid
or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of
its established policy or employment contract. UT Admin. Code R610-3-4(B)(1); UT Labor
Comm. FAQs.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. UT Admin. Code R610-3-4
(B)(1); UT Labor Comm. FAQs.
Neither Utah’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although Utah’s authorities are silent regarding many vacation policy issues, based on the
contractual emphasis Utah has placed on vacation policies, an employer is likely free to
implement the vacation policy of its choosing, including policies providing for the forfeiture
of accrued vacation leave upon separation from employment. UT Admin. Code R610-3-4(B)
(1). An employer is required to comply with the terms of the policy it chooses to implement.
UT Admin. Code R610-3-4(B)(1).
Severance
Utah law does not require employers to provide employees with severance pay. UT Labor
Comm. FAQs. If an employer chooses to provide severance benefits, it must comply with
the terms of its established policy or employment contract.
Utah law does not require employers to provide employees with severance pay. UT Labor
Comm. FAQs. If an employer chooses to provide severance benefits, it must comply with
the terms of its established policy or employment contract.
Holidays
Utah law does not require employers to provide employees with either paid or unpaid
holiday leave. UT Labor Comm. FAQs. In Utah, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Utah law does not require employers to provide employees with either paid or unpaid
holiday leave. UT Labor Comm. FAQs. In Utah, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
Utah's current minimum wage is $7.25. UT Labor Comm. FAQs. Some exceptions apply
to Utah's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Utah's current minimum wage is $7.25. UT Labor Comm. FAQs. Some exceptions apply
to Utah's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Utah does not have laws governing the payment of overtime. UT Labor Comm. FAQs.
Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime
requirements.
Utah does not have laws governing the payment of overtime. UT Labor Comm. FAQs.
Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime
requirements.
Sick Leave
Utah law does not require employers to provide employees with sick leave benefits, either
paid or unpaid. UT Labor Comm. FAQs. If an employer chooses to provide sick leave
benefits, it must comply with the terms of its established policy or employment contract.
An employer in Utah may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Utah law does not require employers to provide employees with sick leave benefits, either
paid or unpaid. UT Labor Comm. FAQs. If an employer chooses to provide sick leave
benefits, it must comply with the terms of its established policy or employment contract.
An employer in Utah may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, threaten, take any adverse employment action, or
otherwise coerce an employee because the employee receives and/or responds to a
summons, serves as a juror, or attends court for prospective jury.
An employer may not require or request an employee 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.
Utah Stat. 78B-1-116
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, threaten, take any adverse employment action, or
otherwise coerce an employee because the employee receives and/or responds to a
summons, serves as a juror, or attends court for prospective jury.
An employer may not require or request an employee 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.
Utah Stat. 78B-1-116
