Title 34, Title 34: Labor in General

34-33-103. Enforcement -- Remedy -- Rulemaking authority. (1) The division shall enforce compliance with this chapter by: investigating alleged violations of this chapter; and determining the validity of a claim for a violation of this chapter that an individual files with the di…

34-33-104. Violation a misdemeanor. A person that violates the provisions of this chapter is guilty of a class B misdemeanor.

34-34-1. Short title. This chapter shall be known and may be cited as the "Utah Right to Work Law."

34-34-10. Employer not to require payment of dues, fees, or other charges to union. No employer shall require any person to pay any dues, fees, or other charges of any kind to any labor union, labor organization or any other type of association as a condition of employment or con…

34-34-11. Injunctive relief -- Damages. Any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association injured as a result of any violation or threatened violation of any provision of this chapter, or threatened wi…

34-34-12. Injunction against violating chapter. In addition to the penal provisions of this chapter, any person, firm, corporation, association, or any labor union, labor organization or any other type of association, or any officer, representative, agent or member thereof may be…

34-34-13. Damages for denial or deprivation of continuation of employment. Any person who may be denied employment or be deprived of continuation of employment in violation of this chapter shall be entitled to recover from such employer and from any other person, firm, corporatio…

34-34-15. Existing contracts -- Chapter applicable upon renewal or extension. The provisions of this chapter do not apply to any lawful contract in force on the effective date of this act, but they shall apply in all respects to contracts entered into after such date and to any r…

34-34-16. Right to bargain collectively not denied. Nothing in this chapter shall be construed to deny the right of employees to bargain collectively with their employer by and through labor unions, labor organizations or any other type of associations.

34-34-17. Violation of act a misdemeanor. A violation of this act is a class B misdemeanor, and each day such unlawful conduct, as defined in this chapter, is in effect or continued is a separate offense and is punishable as such, as provided in this chapter.

34-34-2. Public policy. It is hereby declared to be the public policy of the state that the right of persons to work, whether in private employment or for the state, its counties, cities, school districts, or other political subdivisions, may not be denied or abridged on account …

34-34-3. "Employer" defined. The word "employer" as used in this chapter includes all persons, firms, associations, corporations, the state, its counties, cities, school districts and other political subdivisions.

34-34-4. Agreement, understanding or practice denying right to work declared illegal. Any express or implied agreement, understanding or practice between any employer and any labor union, labor organization or any other type of association, whereby any person not a member of such…

34-34-5. Any agreement, understanding or practice designed to violate chapter declared illegal. Any express or implied agreement, understanding or practice which is designed to cause or require, or has the effect of causing or requiring, any employer or labor union, labor organiz…

34-34-6. Conduct forcing violation of act illegal -- Peaceful and orderly solicitation excepted. Any person, firm, association, corporation, labor union, labor organization or any other type of association engaging in lockouts, layoffs, boycotts, picketing, work stoppages, or oth…

34-34-7. Compelling person to join or not join labor union unlawful. It shall be unlawful for any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association, officer or agent of such, or member of same, to compel o…

34-34-8. Employer not to require union membership. No employer shall require any person to become or remain a member of any labor union, labor organization or any other type of association as a condition of employment or continuation of employment by such employer.

34-34-9. Employer not to require person to abstain from union membership. No employer shall require any person to abstain or refrain from membership in any labor union, labor organization or any other type of association as a condition of employment or continuation of employment.…

34-36-1. Motor vehicles of employers -- Safe maintenance and operation. Every motor vehicle furnished by an employer to be used to transport one or more workers to and from their places of employment shall be maintained in a safe condition and operated in a safe manner at all tim…

34-36-2. Motor vehicles of employers -- Rules. (1) The Labor Commission shall make and enforce reasonable rules relating to motor vehicles used to transport workers to and from their places of employment. These rules shall be embodied in a safety code and shall establish minimum …

34-36-3. Carriers and vehicles of United States exempt. This chapter does not apply to motor carriers or to motor vehicles owned and operated by the United States.

34-36-4. Agricultural workers exempt. The provisions of this chapter do not apply to agricultural workers.

34-38-1. Legislative findings -- Purpose and intent of chapter. (1) The Legislature finds that a healthy and productive work force, safe working conditions free from the effects of drugs and alcohol, and maintenance of the quality of products produced and services rendered in thi…

34-38-10. A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer. (1) A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol …

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 …

34-38-12. No cause of action for failure of employer to establish testing program. No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug or alcohol testing.

34-38-13. Confidentiality of test-related information. (1) For purposes of this section, "test-related information" means the following received by the employer through the employer's drug or alcohol testing program: information; interviews; reports; statements; memoranda; or tes…

34-38-14. Employee not a person with a disability. An employee or prospective employee whose drug or alcohol test result is confirmed as positive in accordance with this chapter may not, because of those results alone, be defined as a person with a disability for purposes of.

34-38-15. No physician-patient relationship created. A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing the test, solely by the establishment of a drug or alcohol testing program in the workplace.…

34-38-2. Definitions. For purposes of this chapter: (1) "Alcohol" means ethyl alcohol or ethanol. (2) "Drugs" means a substance recognized as a drug in the United States Pharmacopoeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, or supplement t…

34-38-3. Testing for drugs or alcohol. (1) If an employer tests an employee or prospective employee for the presence of drugs or alcohol as a condition of hiring or continued employment, the employer is protected from liability as provided in this chapter if the employer complies…

34-38-4. Samples -- Identification and collection. In order to test reliably for the presence of drugs or alcohol, an employer may require samples from the employer's employees and prospective employees, and may require presentation of reliable identification to the person collec…

34-38-5. Time of testing -- Cost of testing and transportation. (1) Any drug or alcohol testing by an employer shall occur during or immediately after the regular work period of current employees and shall be deemed work time for purposes of compensation and benefits for current …

34-38-6. Requirements for collection and testing. (1) The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter. (2) The collection of a sample shall be performed under reasonable and sanitary conditions. (3…

34-38-7. Employer's written testing policy -- Purposes and requirements for collection and testing -- Employer's use of test results. (1) Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has b…

34-38-8. Employer's disciplinary or rehabilitative actions. (1) An employer may take an action described in Subsectionif: (2) the employer receives a test result that: indicates a failed test; is confirmed as required by Subsection; and 34-38-6(6) indicates a violation of the emp…

34-38-9. No cause of action for failure to test or detect substance or problem, or for termination of testing program. No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter…

34-39-1. Citation of act. This act is known as the "Employment Inventions Act."

34-39-2. Definitions. As used in this chapter: (1) "Employment invention" means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is: conceived, developed, reduced to practice, or created by the employee: within the scope of …

34-39-3. Scope of act -- When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions -- Exceptions. (1) An employment agreement between an employee and employer is not enforceable against the employee to the extent that …

34-40-101. Short title. This chapter is known as the "Utah Minimum Wage Act."

34-40-102. Definitions -- Joint employees -- Franchisors. (1) Subject to Subsection, this chapter and the terms used in it, including the computation of wages, shall be interpreted consistently with the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq., as amended, to …

34-40-103. Minimum wage -- Commission to review and modify minimum wage. (1) The minimum wage for all private and public employees within the state shall be $3.35 per hour. Effective April 1, 1990, the minimum wage shall be $3.80 per hour. (2) After July 1, 1990, the commission m…

34-40-104. Exemptions. (1) The minimum wage established in this chapter does not apply to: an employee who is entitled to a minimum wage as provided in the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 201 et seq.; an outside sales person; an employee who is a member of the em…

34-40-105. Grant of rulemaking authority. In accordance with, the commission may issue rules that are consistent with this chapter.

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…