Section 103 – Minimum wage — Commission to review and modify minimum wage.
34-40-103. Minimum wage — Commission to review and modify minimum wage. (1) (a) The minimum wage for all private and public employees within the state shall be $3.35 per hour. (b) Effective April 1, 1990, the minimum wage shall be $3.80 per hour. (2) (a) After July 1, 1990, the commission may by rule establish […]
Section 104 – Exemptions.
34-40-104. Exemptions. (1) The minimum wage established in this chapter does not apply to: (a) any employee who is entitled to a minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of 1938, as amended; (b) outside sales persons; (c) an employee who is a member of the […]
Section 105 – Grant of rulemaking authority.
34-40-105. Grant of rulemaking authority. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may issue rules that are consistent with this chapter. Amended by Chapter 382, 2008 General Session
Section 106 – Limitations on minimum wage imposed by cities, towns, or counties.
34-40-106. Limitations on minimum wage imposed by cities, towns, or counties. (1) A city, town, or county may not establish, mandate, or require a minimum wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938. (2) (a) A city, town, or county may […]
Section 201 – Recordkeeping.
34-40-201. Recordkeeping. Employers shall keep payroll records of employees covered by this chapter showing names, addresses, and dates of birth. Such records shall also show hours worked and wages paid to all covered employees. Records shall be maintained for three years. Enacted by Chapter 8, 1990 General Session
Section 202 – Enforcement.
34-40-202. Enforcement. The division shall enforce this chapter and investigate complaints under this chapter. The division may commence administrative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and may impose a penalty of up to $500 per violation of this chapter. Amended by Chapter 382, 2008 General Session
Section 203 – Investigation authority.
34-40-203. Investigation authority. (1) The division shall have access to all payroll records of any place of business or establishment, required by this chapter to pay its employees a minimum wage, to investigate for compliance with this chapter. (2) The division shall have access to business records kept at the place of business or establishment […]
Section 204 – Criminal penalty — Enforcement.
Effective 5/14/2019 34-40-204. Criminal penalty — Enforcement. (1) As used in this section, “violation” includes separate violations as to individual employees arising out of the same investigation or enforcement action. (2) (a) A violation of this chapter is an infraction. (b) A second violation of this chapter is a class C misdemeanor. (c) A third […]
Section 205 – Civil action allowed.
34-40-205. Civil action allowed. (1) In addition to the administrative and criminal actions authorized by this chapter, an employee may bring a civil action to enforce his rights under this chapter. (2) (a) An aggrieved employee is entitled to injunctive relief and may recover the difference between the wage paid and the minimum wage, plus […]
Section 11 – Bases for cause of action for defamation, libel, slander, or damage to reputation.
34-38-11. Bases for cause of action for defamation, libel, slander, or damage to reputation. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless: (1) the […]