Section 103 – Voluntary veterans preference employment policy — Private employment — Antidiscrimination requirements.
Effective 5/12/2020 34-50-103. Voluntary veterans preference employment policy — Private employment — Antidiscrimination requirements. (1) A private sector employer may create a veterans employment preference policy that may also apply to a veteran’s spouse. (2) The veterans employment preference policy shall be: (a) in writing; and (b) applied uniformly to employment decisions regarding hiring, promotion, […]
Section 104 – Antidiscrimination act.
Effective 5/12/2015 34-50-104. Antidiscrimination act. The granting of a veterans preference by a private employer in accordance with this chapter is not a violation of: (1)Title 34A, Chapter 5, Utah Antidiscrimination Act; or (2) any other state or local equal employment opportunity law. Enacted by Chapter 263, 2015 General Session Technically renumbered for proper placement […]
Section 105 – Verification of eligibility.
Effective 5/12/2020 34-50-105. Verification of eligibility. The department and the Department of Workforce Services may assist, as permitted under state and federal laws governing privacy, a private employer in verifying if an applicant is: (1) a veteran or currently serving member of the armed forces; or (2) a spouse of a veteran or currently serving […]
Section 201 – Post-employment restrictive covenants.
Effective 5/14/2019 34-51-201. Post-employment restrictive covenants. (1) Except as provided in Subsection (2) and in addition to any requirements imposed under common law, for a post-employment restrictive covenant entered into on or after May 10, 2016, an employer and an employee may not enter into a post-employment restrictive covenant for a period of more than […]
Section 202 – Exceptions.
Effective 5/10/2016 34-51-202. Exceptions. (1) This chapter does not prohibit a reasonable severance agreement mutually and freely agreed upon in good faith at or after the time of termination that includes a post-employment restrictive covenant. A severance agreement remains subject to any requirements imposed under common law. (2) This chapter does not prohibit a post-employment […]
Section 301 – Award of arbitration costs, attorney fees and court costs, and damages.
Effective 5/10/2016 34-51-301. Award of arbitration costs, attorney fees and court costs, and damages. If an employer seeks to enforce a post-employment restrictive covenant through arbitration or by filing a civil action and it is determined that the post-employment restrictive covenant is unenforceable, the employer is liable for the employee’s: (1) costs associated with arbitration; […]
Section 201 – Employer may not request disclosure of information related to personal Internet account.
34-48-201. Employer may not request disclosure of information related to personal Internet account. An employer may not do any of the following: (1) request an employee or an applicant for employment to disclose a username and password, or a password that allows access to the employee’s or applicant’s personal Internet account; or (2) take adverse […]
Section 202 – Permitted actions by an employer.
Effective 5/12/2015 34-48-202. Permitted actions by an employer. (1) This chapter does not prohibit an employer from doing any of the following: (a) requesting or requiring an employee to disclose a username or password required only to gain access to the following: (i) an electronic communications device supplied by or paid for in whole or […]
Section 203 – Chapter does not create duties.
34-48-203. Chapter does not create duties. (1) This chapter does not create a duty for an employer to search or monitor the activity of a personal Internet account. (2) An employer is not liable under this chapter for failure to request or require that an employee or applicant for employment grant access to, allow observation […]
Section 301 – Private right of action.
34-48-301. Private right of action. (1) A person aggrieved by a violation of this chapter may bring a civil cause of action against an employer in a court of competent jurisdiction. (2) In an action brought under Subsection (1), if the court finds a violation of this chapter, the court shall award the aggrieved person […]