http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/index.html LawInfo - Legal Resource Center offers free Utah Labor and Employment legal forms and free Utah Labor and Employment legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/are-there-exceptions-to-at-will-employment-.html <span style="FONT­SIZE: 10pt; FONT­FAMILY: Verdana; mso­bidi­font­family: Arial; mso­fareast­font­family: 'Times New Roman'; mso­ansi­language: EN­US; mso­fareast­language: EN­US; mso­bidi­language: AR­SA">First, where an employee is fired in a manner or for a reason that contravenes a recognized and established public policy, the at&shy;will rule will not serve to insulate the employer from liability. Second, courts have clarified the requirements for finding an express or implied contract term for employment for a certain period or a covenant for dismissal only with cause. Finally many courts have relied upon the implied covenant of good faith and fair dealing and have granted the discharged employee a cause of action to sue when the employer's conduct breaches that implied covenant. This cause of action may sound in tort, contract, or both, depending upon the jurisdiction. </span> Utah Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/what-are-the-exemptions-from-the-utah-minimum.html The minimum wage established in this chapter does not apply to: <ul>(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;<br /> (b) outside sales persons;<br /> (c) an employee who is a member of the employer's immediate family;<br /> (d) companionship service for persons who, because of age or infirmity, are unable to care for themselves;<br /> (e) casual and domestic employees as defined by the commission;<br /> (f) seasonal employees of nonprofit camping programs, religious or recreation programs, and nonprofit educational and charitable organizations registered under Title 13, Chapter 22, Charitable Solicitations Act;<br /> (g) an individual employed by the United States of America;<br /> (h) any prisoner employed through the penal system;<br /> (i) any employee employed in agriculture if the employee:<br /> <ul>(i) is principally engaged in the range production of livestock;<br /> (ii) is employed as a harvest laborer and is paid on a piece rate basis in an operation that has been and is generally recognized by custom as having been paid on a piece rate basis in the region of employment;<br /> (iii) was employed in agriculture less than 13 weeks during the preceding calendar year; or<br /> (iv) is a retired or semiretired person performing part&shy;time or incidental work as a condition of the employee's residence on a farm or ranch;</ul> (j) registered apprentices or students employed by the educational institution in which they are enrolled; or<br /> (k) any seasonal hourly employee employed by a seasonal amusement establishment with permanent structures and facilities if the other direct monetary compensation from tips, incentives, commissions, end&shy;of&shy;season bonus, or other forms of pay is sufficient to cause the average hourly rate of total compensation for the season of seasonal hourly employees who continue to work to the end of the operating season to equal the applicable minimum wage if the seasonal amusement establishment: <ul>(i) does not operate for more than seven months in any calendar year; or<br /> (ii) during the preceding calendar year its average receipts for any six months of that year were not more than 33&shy;1/3% of its average receipts for the other six months of that year. </ul> (l)Persons with a disability whose earnings or productive capacities are impaired by age, physical or mental deficiencies, or injury may be employed at wages that are lower than the minimum wage, provided the wage is related to the employee's productivity. </ul> Utah Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/what-is-employment-discrimination.html It is a discriminatory or prohibited employment practice to refuse to hire, promote, discharge, demote, terminate, or to retaliate against or to discriminate in matters of compensation or in terms, privileges, and conditions of employment against any persons otherwise qualified, because of race, color, sex, pregnancy or pregnacy&shy;related conditions, age (40 and over), religion, national origin, or handicap. Any person desiring information or assistance can call the Antidiscrimination and Labor division at the Labor Commission of Utah. Contact: Antidiscrimination and Labor Division <br /> Labor Commission of Utah <br /> 160 East 300 South, 3rd Floor <br /> P.O. Box 146640 <br /> Salt Lake City, UT 84114&shy;6640 <br /> 801&shy;530&shy;6801 Utah Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/what-is-the-law-on-final-paychecks-for-termin.html Whenever 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 specified place of payment. In case of failure to pay wages due an employee within 24 hours of written demand, the wages of the employee shall continue from the date of demand until paid, but in no event to exceed 60 days, at the same rate that the employee received at the time of separation. The employee may recover the penalty thus accruing to the employee in a civil action. This action must be commenced within 60 days from the date of separation. An employee who has not made a written demand for payment is not entitled to any penalty. Utah Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/what-is-the-minimum-wage-for-tipped-employees.html An employer of a tipped employee shall pay the tipped employee at least the minimum wage established by the Utah Minimum Wage Act. In computing a tipped employee's wage an employer of a tipped employee: <ul>(i) shall pay the tipped employee at least the cash wage obligation as an hourly wage; and<br /> (ii) may compute the remainder of the tipped employee's wage using the tips or gratuities the tipped employee actually receives. An employee shall retain all tips and gratuities except to the extent that the employee participates in a bona fide tip pooling or sharing arrangement with other tipped employees. </ul> Utah Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/what-is-the-rule-on-final-paychecks-for-a-res.html If an employee does not have a written contract for a definite period and resigns the employee's employment, the wages earned and unpaid together with any deposit held by the employer and properly belonging to the resigned employee for the performance of the employee's employment duties become due and payable on the next regular payday. Utah Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/what-is-the-rule-on-final-paychecks-for-an-in.html If work ceases as the result of an industrial dispute, the wages earned and unpaid at the time of this cessation become due and payable at the next regular payday, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of the industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employment. Utah Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Utah/what-is-the-minimum-wage-in-utah-.html The Utah Minimum Wage Act outlines the requirements for employers in the payment of minimum wage, as well as articulating the allowable exemptions. Effective February 14, 1990, the state minimum wage for those employees not covered by a Federal Minimum Wage is as follows: Adults $6.55 Minors (under 18) $6.55 ($4.25 for the first 90 days of employment.) Tipped adults and minors $2.13 Certain exemptions from state minimum wage coverage apply. For more information contact the Employment Standards Bureau. 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