Utah Minimum Wage and Overtime Exemptions




Executive exemption

Utah minimum wage law does not exempt executive employees from its minimum wage requirements. Because Utah does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and executive employees apply.



Administrative exemption

Utah minimum wage law does not exempt administrative employees from its minimum wage requirements. Because Utah does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and administrative employees apply.



Professional exemption

Utah minimum wage law does not exempt professional employees from its minimum wage requirements. Because Utah does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and professional employees apply.




Outside salesman exemption

Utah minimum wage law exempts outside salesmen from its minimum wage requirements. UT Statute 34-40-104(1)(b) Because Utah does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and outside salesmen apply.



Computer employee exemption

Utah minimum wage law does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage requirements. Because Utah does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and computer systems analysts, computer programmers, software engineers, and other similarly skilled workers apply.



Other minimum wage and overtime exemptions

Utah exempts the following employees from its minimum wage requirements:

    • employees who are employed by an immediate family member;
    • employees providing companionship service for persons who are unable to care for themselves due to age or infirmity;
    • casual and domestic employees as defined by the Utah Labor Commission;
    • seasonal employees of nonprofit camping programs, religious or recreation programs, and nonprofit educational and charitable organizations registered under Title 13, Chapter 22, Charitable Solicitations Act;
    • individuals employed by the United States of America;
    • prisoners employed through the penal system;
    • agricultural worker if the employee:
      • is principally engaged in the range production of livestock;
      • is employed as a harvest laborer and is compensated on a piece rate basis in an operation that has been and is generally recognized by custom as having been paid on a piece rate basis in the region of employment;
      • during the preceding calendar year, was employed in agriculture less than 13 week; or
      • is an individual who is retired or semiretired and performing part-time or incidental work as a condition of the employee’s residence on a farm or ranch;
    • seasonal hourly employees employed by a seasonal amusement establishment with permanent structures and facilities if the other direct monetary compensation from tips, incentives, commissions, end-of-season bonus, or other forms of pay is sufficient to cause the average hourly rate of total compensation for the season of seasonal hourly employees who continue to work to the end of the operating season to equal the applicable minimum wage if the seasonal amusement establishment:
      • does not operate for more than seven months in any calendar year; or
      • during the preceding calendar year its average receipts for any six months of that year were not more than 33-1/3% of its average receipts for the other six months of that year.

Utah Code 34-40-104(1).