Title 34, Title 34: Labor in General

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 the employee's rights under this chapter. (2) An aggrieved employee is entitled to injunctive relief and may rec…

34-41-101. Definitions. As used in this chapter: (1) "Donor" means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or an institution of higher education. (2) "Drug" means any substance recognized as a drug in the United St…

34-41-102. Governmental drug-free workplace policies. (1) Any local governmental entity or institution of higher education may establish workplace policies and procedures designed to: educate, counsel, and increase awareness of the dangers of drugs; and prohibit and discourage th…

34-41-103. Policy requirements. (1) A local governmental entity or institution of higher education may not test a donor for the presence of drugs, unless the local government entity or institution of higher education: adopts a written policy or ordinance for the testing; distribu…

34-41-104. Requirements for identification, collection, and testing of samples. (1) The local governmental entity or institution of higher education shall ensure that: all sample collection under this chapter is performed in accordance with instructions prepared by an entity inde…

34-41-105. Rehabilitative and disciplinary actions. (1) If a verified or confirmed positive drug test result indicates a violation of the local governmental entity's or institution of higher education's written drug-free workplace policy, if an employee, volunteer, prospective em…

34-41-106. Employee not a person with a disability. An employee, volunteer, prospective employee, or prospective volunteer whose drug test results are verified or confirmed as positive in accordance with the provisions of this chapter may not, by virtue of those results alone, be…

34-41-107. No physician-patient relationship created. A physician-patient relationship is not created between an employee, volunteer, prospective employee, or prospective volunteer, and the local governmental entity, institution of higher education, or any person performing the t…

34-42-1. Employer references -- Civil liability -- Rebuttable presumption -- Common law. (1) An employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employe…

34-43-101. Title. This chapter is known as the "Disaster Service Volunteer Leave Act."

34-43-102. Definitions. As used in this chapter: (1) "Certified disaster service volunteer" means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. (2) "Disaster" means any disaster designate…

34-43-103. Leave of absence -- Request for leave -- Approval by agency. (1) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay for an aggregate of up to 15 work days, consecutively or nonconsecutively, in any 12-mon…

34-44-101. Title. This chapter is known as the "Sales Representative Commission Payment Act."

34-44-102. Definitions. As used in this chapter: (1) "Business relationship" means an agreement that governs the relationship of principal and sales representative. (2) "Commission" means: compensation: that accrues to a sales representative; for payment by a principal; and at a …

34-44-103. Jurisdiction in courts. An action under this chapter may be brought against a principal in a court of this state if: (1) the principal enters into a business relationship in this state with a sales representative to solicit orders for a product or a service; or (2) a p…

34-44-104. Void provisions. Any of the following provisions in an agreement between a sales representative and a principal is void: (1) an express waiver of any right under this chapter; (2) for a writing required by Sectionthat is entered into in this state, a provision that mak…

34-44-201. Written business relationship. (1) The business relationship between a sales representative and a principal shall be in a writing signed by both the principal and the sales representative. (2) The writing required by Subsectionshall set forth the method by which the sa…

34-44-202. Payment of commission -- Payment on termination -- Settlement. (1) The principal shall pay a sales representative all commissions due to the sales representative during the time the business relationship between the principal and sales representative is in effect in ac…

34-44-203. Revocable offer of commission. If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed upon under the business relationship if: (1) the principal revokes the offer of commission; (2…

34-44-301. Failure to pay commission. (1) A sales representative may bring a civil action in a court of competent jurisdiction against a principal for failure by the principal to comply with: any provision of an agreement relating to the payment of commission; or Subsectionor. 34…

34-44-302. Other remedies. This chapter does not: (1) invalidate or restrict any alternative or additional right or remedy available to a sales representative; or (2) preclude a sales representative from seeking to recover in an action on all claims against a principal.

34-45-101. Title. This chapter is known as "Protection of Activities in Private Vehicles."

34-45-102. Definitions. As used in this chapter: (1) "Firearm" has the same meaning as provided in Section. 76-11-101 (2) "Motor vehicle" has the same meaning as provided in Section. 41-1a-102 (3) "Person" means an individual, property owner, landlord, tenant, employer, business …

34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion. (1) Except as provided in Subsection, a person may not establish, maintain, or enforce any policy or rule that has the effect of: (2) prohibiting any individual from transporting or storing a fi…

34-45-104. Protection from liability. A person that owns or controls a parking area that is subject to this chapter and that complies with the requirements of Sectionis not liable in any civil action for any occurrence resulting from, connected with, or incidental to the use of a…

34-45-105. Cause of action for noncompliance -- Remedies. (1) An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by Section, may bring a civil action in a court of competent jurisdiction against any person that violates the provisi…

34-45-106. Enforcement by attorney general. (1) The attorney general may bring an action to enforce this chapter and may request any relief that is provided for under Section, including a request for damages on behalf of any individual suffering loss because of a violation of thi…

34-45-107. Exemptions -- Limitations on chapter -- School premises -- Government entities -- Religious organizations -- Single family detached residential units. (1) School premises, as defined in Subsection, are exempt from the provisions of this chapter. 76-3-203.2(1) Carrying …

34-46-101. Title. This chapter is known as the "Employment Selection Procedures Act."

34-46-102. Definitions. As used in this chapter: (1) "Applicant" means an individual that provides information to an employer for the purpose of obtaining employment. (2) "Division" means the Labor Commission's Division of Antidiscrimination and Labor. (3) "Employer" means a pers…

34-46-201. Information collected. (1) Except as provided in Subsection, an employer may not request the following information before an applicant is offered a job: (2) Social Security number; date of birth; or driver license number. (2) An employer may request the information lis…

34-46-202. Use of information collected in initial selection process. (1) An employer may not: use information about an applicant obtained through an initial selection process for a purpose other than to determine whether or not the employer will hire the applicant as an employee…

34-46-203. Retention of information collected during an initial selection process. (1) Subject to Subsection, with regard to information collected about an applicant obtained through an initial selection process, an employer shall: (2) maintain a specific policy regarding the ret…

34-46-301. Investigations -- Complaints -- Sanctions -- Rulemaking. (1) The division may investigate an alleged violation of this chapter. (2) An individual claiming to be aggrieved by an action of an employer in violation of this chapter may file with the division a request for …

34-46-302. Inspection of records by division. (1) A representative of the division may enter a place of employment during business hours to inspect a record as part of an investigation described in Section. 34-46-301 (2) An effort of an employer to obstruct the division in the pe…

34-47-101. Title. This chapter is known as the "Worker Classification Coordinated Enforcement Act."

34-47-102. Definitions. As used in this chapter: (1) "Commission" means the Labor Commission. (2) "Commissioner" means the commissioner of the Labor Commission. (3) "Council" means the Worker Classification Coordinated Enforcement Council created in Section. 34-47-201 (4) "Member…

34-47-201. Creation. (1) There is created within the commission the Worker Classification Coordinated Enforcement Council consisting of the following four members: the commissioner, or the commissioner's designee; the executive director of the Department of Commerce, or the execu…

34-47-202. Duties and powers of the council. (1) The council shall meet at least quarterly with the attorney general or a designee of the attorney general to coordinate regulatory and law enforcement efforts related to misclassification. (2) The council shall submit, in accordanc…

34-48-101. Title. This chapter is known as the "Internet Employment Privacy Act."

34-48-102. Definitions. As used in this chapter: (1) "Adverse action" means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promoti…

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 emp…

34-48-202. Permitted actions by an employer. (1) This chapter does not prohibit an employer from doing any of the following: requesting or requiring an employee to disclose a username or password required only to gain access to the following: an electronic communications device s…

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 fo…

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, if the court finds a violation of this chapter, the cou…

34-49-102. Definitions. As used in this chapter: (1) "Public employee" means a person: employed by a public employer; and who is breastfeeding. (2) "Public employer" means the following entities: a department, division, board, council, committee, institution, office, bureau, or o…