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.

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.

Meals and Breaks

Utah employers must provide a meal period of not less than thirty (30) minutes to employees under the age of eighteen (18) scheduled to work more than five (5) hours. Employers must provide a rest break of at least ten (10) minutes to employees under the age of eighteen (18) for every three (3) hour period or part thereof that is worked. Utah Admin. Code R610-2-3.

Utah does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older. UT Labor Comm. FAQs. An employer who chooses to provide a break in excess of twenty (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 twenty (20) minutes or shorter typically must be paid.

Vacation Leave

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).

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.

Holiday Leave

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 1½ 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.

Jury Duty Leave

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

Voting Leave

Utah law requires an employer to provide an employee with up to two (2) hours paid time off to vote if the employee does not have three (3) or more consecutive off-duty hours in which to vote while polls are open. An employer may dictate when an employee may take paid voting leave.

An employer that fails to provide an employee paid voting leave as required commits a Class B misdemeanor.
Utah Stat. 20A-3-103

Severance Pay

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.