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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.
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.
Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
An employer must pay an employee who has been discharged or laid off all wages due
within 24 hours of the termination. Utah Code 34-28-5
Employees who quit or resign
When an employee voluntary leaves employment with an employer, the employer must pay
the employee all wages due on the next regular payday. Utah Code 34-28-5
Employees who are suspended or resigns due to a labor dispute (strike)
When an employee leaves employment with an employer due to a labor dispute, the
employer must pay the employee all wages due on the next regular payday. Utah Code
34-28-5
Wages in Dispute
In case of a dispute over wages between an employer and employee, the employer shall
give written notice to the employee of the amount of wages which he concedes to be due
and shall timely pay such amount without condition. The acceptance by the employee of
the payment of wages conceded to be due does not constitute a release as to the balance
of his claim. Utah Code 34-28-6
Employees who are fired, discharged, terminated, or laid off
An employer must pay an employee who has been discharged or laid off all wages due
within 24 hours of the termination. Utah Code 34-28-5
Employees who quit or resign
When an employee voluntary leaves employment with an employer, the employer must pay
the employee all wages due on the next regular payday. Utah Code 34-28-5
Employees who are suspended or resigns due to a labor dispute (strike)
When an employee leaves employment with an employer due to a labor dispute, the
employer must pay the employee all wages due on the next regular payday. Utah Code
34-28-5
Wages in Dispute
In case of a dispute over wages between an employer and employee, the employer shall
give written notice to the employee of the amount of wages which he concedes to be due
and shall timely pay such amount without condition. The acceptance by the employee of
the payment of wages conceded to be due does not constitute a release as to the balance
of his claim. Utah Code 34-28-6
Deductions from Wages
An employer may deduct from an employee's wages the following so long as the deduction
meet the specified criteria listed below:
- cash shortages (Item K below)
- breakage, damage, or loss of the employer's property (Items G and J)
- purchase of required uniforms or clothing (Items L and M)
- required tools (Items L and M)
- other items necessary for employment (Items L and M)
34-28-3(5): An employer may not withhold or deduct any part of an employee's wages,
unless:
- permitted or required to do so by court order, state law, or federal law.
- the employee consents in writing,
- the employer presents evidence that in the opinion of a hearing officer or an adminstrative
law judge would warrant an offset, or
- the employer withholds or deducts wages as a contribution to a contract or plan
established by the employer pursuant to Section 401(k), 403(b), 408,408A, or 457 of the
Internal Revenue Code and the employee has not affirmatively elected not have the
deduction. An employer must notify its employees of their right not to participate in such a
plan.
610-3-18 - An employer may deduct the following items from wages due an employee:
A. Sums deducted from wages pursuant to the Internal Revenue Code or other Federal tax
provision;
B. Sums deducted from wages pursuant to the Social Security Administration Act and
Federal Insurance Contribution Act;
C. Sums deducted from wages pursuant to any Utah city, county, or state tax;
D. Sums deducted from wages as dues, contributions, or other fees to a labor, employee,
professional, or other employer-related organization or association; and sums as
contributions for an employee's participation or eligibility in a health, welfare, insurance,
retirement, or other benefit plan or program, provided that the:
credit union, banking, savings, loan, trust or other financial institution, provided that the:
employee from the employer, provided that the:
employee's negligence:
attachment or garnishment shall be honored by the Division;
I. Sums deducted from wages as repayment to the employer by the employee of advances
or loans made to the employee by the employer, provided that the:
conduct of the employee against the property of the employer, provided that:
other items required for the employment of a person, provided that the:
furnished and assigned to the employee by the employer, provided that:
Uniforms, Tools, and Other Equipment Necessary for Employment
Where the wearing of uniforms is a condition of employment, the employer shall furnish the
uniforms free of charge. The term "uniform" includes any article of clothing, footwear, or
accessory of a distinctive design or color required by an employer to be worn by
employees. An article of clothing which is associated with a specific employer by virtue of
an emblem (logo) or distinctive color scheme is also considered a uniform.
The employer may request an amount, not to exceed the actual cost of the uniform or $20,
whichever is less, as a deposit on each uniform required by the employer. The deposit
must be refunded to the employee at the time uniform is returned.
UT Admin. Code 610-3-21
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee or applicant to pay for any physical examination
required as a condition of employment. Utah Code 34-33-1
An employer may deduct from an employee's wages the following so long as the deduction
meet the specified criteria listed below:
- cash shortages (Item K below)
- breakage, damage, or loss of the employer's property (Items G and J)
- purchase of required uniforms or clothing (Items L and M)
- required tools (Items L and M)
- other items necessary for employment (Items L and M)
34-28-3(5): An employer may not withhold or deduct any part of an employee's wages,
unless:
- permitted or required to do so by court order, state law, or federal law.
- the employee consents in writing,
- the employer presents evidence that in the opinion of a hearing officer or an adminstrative
law judge would warrant an offset, or
- the employer withholds or deducts wages as a contribution to a contract or plan
established by the employer pursuant to Section 401(k), 403(b), 408,408A, or 457 of the
Internal Revenue Code and the employee has not affirmatively elected not have the
deduction. An employer must notify its employees of their right not to participate in such a
plan.
610-3-18 - An employer may deduct the following items from wages due an employee:
A. Sums deducted from wages pursuant to the Internal Revenue Code or other Federal tax
provision;
B. Sums deducted from wages pursuant to the Social Security Administration Act and
Federal Insurance Contribution Act;
C. Sums deducted from wages pursuant to any Utah city, county, or state tax;
D. Sums deducted from wages as dues, contributions, or other fees to a labor, employee,
professional, or other employer-related organization or association; and sums as
contributions for an employee's participation or eligibility in a health, welfare, insurance,
retirement, or other benefit plan or program, provided that the:
- 1. Employee has granted written authorization for the deductions; and
2. Deductions shall terminate upon the written revocation of the authorization;
credit union, banking, savings, loan, trust or other financial institution, provided that the:
- 1. Employee has granted written authorization for the deductions; and
2. Deductions shall terminate upon the written revocation of the authorization;
employee from the employer, provided that the:
- 1. Employee has actual or constructive possession of the goods or services
purchased; and
2. Employee's purchase is evidenced by the employee's written acknowledgment;
employee's negligence:
- 1. A potential deduction shall meet the following pre-conditions:
- a. negligence and damages arise out of the course of employment;
b. employer has not received payments, compensation, or any form of
restitution for the same monetary loss from an insurer, assurer, surety, or
guarantor to cover the injuries, losses, or damages;
c. offset is reasonably related to the amount of the damage; and
d. damage is over and above wear and tear reasonably expected in the
normal course of business.
- 2. Methods of determining an employee's negligence and amount of damage are:
- a. by a judicial proceeding;
b. by an employer's written and published procedures coupled with an
employee's express authorization for the deduction in writing; or
c. by any other provision allowed or required by law pursuant to Section 34-
28-3(5).
attachment or garnishment shall be honored by the Division;
I. Sums deducted from wages as repayment to the employer by the employee of advances
or loans made to the employee by the employer, provided that the:
- 1. Advance or loan to the employee occurred while the employee was in the employ
of the employer; and
2. Employee's receipt of the advance or loan is evidenced by the employee's written
acknowledgment;
conduct of the employee against the property of the employer, provided that:
- 1. The employee has been adjudged guilty by a judicial proceeding of the specified
crime committed against the property of the employer;
2. The crime occurred during the employment relationship or out of the employment
relationship; and
3. The property of the employer cannot or has not been reunited with the employer;
or
4. The employee willfully and through his own admission did in fact destroy
company property. An offset against the earned wages may be allowed at the
hearing officer's discretion.
- 1. Employee gives written acknowledgment upon beginning employment that he or
she shall be responsible for shortages;
2. Employee shall at the beginning of his or her work period be checked in or
verified on the register or with the cash amount by the employer in the employee's
presence and give written acknowledgment of the verification;
3. Employee at the end of the work period be checked out or verified on the register
or with the cash amount by the employer in the employee's presence and give
written acknowledgment of the verification; and
4. Employee be the sole and absolute user and have sole access to the register or
cash amount from the time checked in under Subsection (2) until the time checked
out under Subsection (3);
other items required for the employment of a person, provided that the:
- 1. Employee's purchase and receipt of the items is evidenced by a written
acknowledgment;
2. Employee has actual or constructive possession of the goods or items; and
3. Employer repurchase the items from the employee at the employee's option upon
the termination of employment at a fair and reasonable price;
furnished and assigned to the employee by the employer, provided that:
- 1. The item was assigned during the employment of the employee;
2. The employee gave written acknowledgment of the receipt of the item; and
3. The item was not returned to the employer upon termination.
Uniforms, Tools, and Other Equipment Necessary for Employment
Where the wearing of uniforms is a condition of employment, the employer shall furnish the
uniforms free of charge. The term "uniform" includes any article of clothing, footwear, or
accessory of a distinctive design or color required by an employer to be worn by
employees. An article of clothing which is associated with a specific employer by virtue of
an emblem (logo) or distinctive color scheme is also considered a uniform.
The employer may request an amount, not to exceed the actual cost of the uniform or $20,
whichever is less, as a deposit on each uniform required by the employer. The deposit
must be refunded to the employee at the time uniform is returned.
UT Admin. Code 610-3-21
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee or applicant to pay for any physical examination
required as a condition of employment. Utah Code 34-33-1
Notice of Wage Reduction
An employer must notify an employee before changing their wage rate. An employer may
give the notice 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. Utah Code 34-28-4
An employer must notify an employee before changing their wage rate. An employer may
give the notice 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. Utah Code 34-28-4
Statement of Wages (Pay Stub)
An employer must, on each regular payday, furnish the employee with a statement showing
the total amount of each deduction. Utah Code 34-28-3; UT Admin. Code 610-3-20
An employer must, on each regular payday, furnish the employee with a statement showing
the total amount of each deduction. Utah Code 34-28-3; UT Admin. Code 610-3-20
Record Keeping Requirements
An employer must keep for a minimum of three (3) years payroll records of employees
subject to minimum wage laws showing:
- names, addresses, and dates of birth,
- hours worked and
- wages paid to all covered employees.
Utah Code 34-40-201
An employer must keep for at least one (1) year 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. Utah Code 34-28-10
An employer must keep for a minimum of three (3) years payroll records of employees
subject to minimum wage laws showing:
- names, addresses, and dates of birth,
- hours worked and
- wages paid to all covered employees.
Utah Code 34-40-201
An employer must keep for at least one (1) year 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. Utah Code 34-28-10
Frequency of Wage Payments
An employer must pay its employees, except yearly salaried employees, no less frequently
than semi-monthly (twice per month) on pay days designated in advance by the employer.
An employer must pay its non-yearly-salaried employees within ten days after the end of a
pay period.
If a pay day falls on a Saturday, Sunday, or legal holiday, the employer must pay its
employees on the day preceeding those days.
An employer may pay a yearly-salaried employee once per month. If paying once per
month, the employer must pay its yearly-salaried employees on or before the 7th day
following the month in which the wages were earned.
Utah Code 34-28-3
An employer must pay its employees, except yearly salaried employees, no less frequently
than semi-monthly (twice per month) on pay days designated in advance by the employer.
An employer must pay its non-yearly-salaried employees within ten days after the end of a
pay period.
If a pay day falls on a Saturday, Sunday, or legal holiday, the employer must pay its
employees on the day preceeding those days.
An employer may pay a yearly-salaried employee once per month. If paying once per
month, the employer must pay its yearly-salaried employees on or before the 7th day
following the month in which the wages were earned.
Utah Code 34-28-3
Manner of Payments
34-28-3(1)(e): An employer may pay its employees by:
- cash,
- check (so long as the employee has means to cash the check at full face value), or
- by direct deposit to a financial institution designated by the employee.
Utah Code 34-28-3
Direct Deposit
An employer may pay an employee by direct deposit. An employee may, upon filing a
written request to the employer, refuse to have his or her wages directly deposited, unless:
i) for the calendar year preceding the pay period for which the employee is being paid, the
employer's federal employment tax deposits are equal or greater than $250,000, or
ii) at least two-thirds of the employees of the employer are paid by direct deposit.
Utah Code 34-28-3
34-28-3(1)(e): An employer may pay its employees by:
- cash,
- check (so long as the employee has means to cash the check at full face value), or
- by direct deposit to a financial institution designated by the employee.
Utah Code 34-28-3
Direct Deposit
An employer may pay an employee by direct deposit. An employee may, upon filing a
written request to the employer, refuse to have his or her wages directly deposited, unless:
i) for the calendar year preceding the pay period for which the employee is being paid, the
employer's federal employment tax deposits are equal or greater than $250,000, or
ii) at least two-thirds of the employees of the employer are paid by direct deposit.
Utah Code 34-28-3
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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Notice Requirements
An employer must notify its employees at the time of hire of the day and place of payment
and of the rate of pay. An employer must notify an employee of any change with respect to
any of these items prior to the time of the change. An employer may give the notice 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. Utah Code 34-28-4
An employer must notify its employees at the time of hire of the day and place of payment
and of the rate of pay. An employer must notify an employee of any change with respect to
any of these items prior to the time of the change. An employer may give the notice 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. Utah Code 34-28-4
| Wage Payment Laws for Private Sector Employers |
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
