34-28-1. Public and certain other employments excepted. None of the provisions of this chapter shall apply to the state, or to any county, incorporated city or town, or other political subdivision, or to employers and employees engaged in farm, dairy, agricultural, viticultural or horticultural pursuits or to stock or poultry raising, or to household domestic […]
Effective 5/13/2014 34-28-10. Employers’ records — Inspection by division. (1) (a) Every employer shall keep 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 in the form required by the commission rules. (b) The employer shall keep […]
Effective 5/8/2018 34-28-12. Violations — Misdemeanor. (1) Any employer who violates or fails to comply with any of the provisions of this chapter is guilty of a class B misdemeanor. (2) Any employer who shall refuse to pay the wages due and payable when demanded as in this chapter provided, or who shall falsely deny […]
34-28-13. Assignment of wage claims — Powers of division. (1) The division may take assignments of wage claims, rights of actions for penalties under Section 34-28-5, mechanics’ and other liens of workers and rights of action against sureties, without being bound to any of the technical rules with reference to the validity of the assignments. […]
34-28-14. Actions by division as assignee — Costs need not be advanced. (1) In all actions brought by the division as assignee under Section 34-28-13, no court costs of any nature shall be required to be advanced nor shall any bond or other security be required from the division in connection with the same. (2) […]
Effective 5/13/2014 34-28-19. Retaliation prohibited — Administrative process — Enforcement — Rulemaking. (1) (a) An employer violates this chapter if the employer takes an action described in Subsection (1)(b) against an employee because: (i) the employee files a complaint or testifies in a proceeding relative to the enforcement of this chapter; (ii) the employee is […]
Effective 5/8/2018 34-28-2. Definitions — Unincorporated entities — Joint employers — Franchisors. (1) As used in this chapter: (a) “Commission” means the Labor Commission. (b) “Division” means the Division of Antidiscrimination and Labor. (c) (i) “Employer” means the same as that term is defined in 29 U.S.C. Sec. 203. (ii) “Employer” does not include an […]
Effective 5/13/2014 34-28-3. Regular paydays — Currency or negotiable checks required — Deposit in financial institution — Statement of total deductions — Unlawful withholding or diversion of wages. (1) (a) An employer shall pay the wages earned by an employee at regular intervals, but in periods no longer than semimonthly on days to be designated […]
Effective 5/8/2018 34-28-4. Notice of paydays — Failure to notify a misdemeanor. (1) It shall be the duty of every employer to notify the employer’s employees at the time of hiring of the day and place of payment, of the rate of pay, and of any change with respect to any of these items prior […]
Effective 5/8/2018 34-28-5. Separation from payroll — Resignation — Cessation because of industrial dispute. (1) (a) When an employer separates an employee from the employer’s payroll the unpaid wages of the employee become due immediately, and the employer shall pay the wages to the employee within 24 hours of the time of separation at the […]
34-28-6. Dispute over wages — Notice and payment. (1) In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages that the employer concedes to be due and shall pay such amount without condition within the time set by this chapter. (2) Acceptance by an […]
34-28-7. Payment at more frequent intervals permitted — Agreements to contravene chapter prohibited unless approved by division. Nothing contained in this chapter shall in any way limit or prohibit the payment of wages or compensation at more frequent intervals, or in greater amounts or in full when or before due, but no provisions of this […]
Effective 5/9/2017 34-28-9. Enforcement of chapter — Rulemaking authority. (1) (a) The division shall: (i) ensure compliance with this chapter; (ii) investigate any alleged violations of this chapter; and (iii) determine the validity of a claim for any violation of this chapter that is filed with the division by an employee. (b) The commission may […]
Effective 5/9/2017 34-28-9.5. Private cause of action. (1) Except as provided in Subsection (2), for a wage claim that is less than or equal to $10,000, the employee shall exhaust the employee’s administrative remedies described in Section 34-28-9 and rules made by the commission under Section 34-28-9 before the employee may file an action in […]
