Disclaimer: These materials do not constitute legal advice and should not be substituted for the advice of legal counsel.
Guide last updated December 2024.
At-Will Employment
Utah is an at-will employment state, which means that, in the absence of a written employment agreement or a collective bargaining agreement, either the employer or employee may terminate employment for any reason that is not contrary to law. (Touchard v. La-Z-Boy Inc., 148 P.3d 945, 948 (Utah 2006)).
Utah recognizes exceptions for a wrongful discharge claim when an employee's termination clearly violates public policy, including:
Immigration Verification
Effective May 4, 2022, Utah's E-Verify law requires private employers with 150 or more employees to register with a status verification system (such as E-Verify) and use the verification system to validate the federal legal working status of new employees in accordance with the requirements of the status verification system. Foreign nationals with an H-2A or H-2B visa are exempt from this requirement. Utah Code § 13-47-201. Protections against liability for hiring or refusing to hire an unauthorized alien may apply in certain circumstances. Utah Code § 13-47-202.
Drug Testing
The Utah Drug and Alcohol Testing Act (UDATA) governs pre-employment and employment drug and alcohol testing. The UDATA applies to all private employers in Utah. Utah Code § 34-38-2(4). Generally, employers may, but are not required to, test employees for drugs and alcohol if they comply with the UDATA. Employers that comply with the UDATA are protected from certain liability claims. Utah Code § 34-38-3. To comply with the UDATA, employers must:
- Periodically test employers and management for drugs and alcohol. Utah Code § 34-38-3(1). Notably, however, the UDATA does not specify the frequency or circumstances for testing managers;
- Have a written drug or alcohol-testing policy that it distributes to employees and makes available for review by prospective employees. Utah Code § 34-38-7(1). Within the terms of this policy, an employer may require drug testing for: (a) investigation of possible individual employee impairment; (b) investigation of workplace accidents or theft; (c) maintenance of safety for employees or the general public; or (d) maintenance of productivity, quality of products or services, or security of property or information. Utah Code § 34-38-7(2); and
- Not rely on inaccurate results to take action against an employee in bad faith. Utah Code § 34-38-10(2).
Under the UDATA, any drug or alcohol testing must occur either during or immediately after the employee's regular work period, be deemed work time for compensation purposes, and be paid for by the employer. Utah Code § 34-38-5.
Although medical marijuana is legal in Utah, private employers are not required to accommodate its use. Private employers are also free to have policies restricting the use of medical marijuana by employees or applicants. Utah Code § 26B-4-207.
Jury Duty Leave
An employer is not required to provide annual, vacation, or sick leave to employees who otherwise are not entitled to those benefits under company policies for time spent responding to a jury summons, participating in the jury selection process, or serving on a jury. Utah Code § 78B-1-116. However, an employer may not discharge, threaten, take any adverse employment action, or otherwise coerce an employee regarding employment because the employee receives and/or responds to a summons, serves as a juror, or attends court for prospective jury service. Id.
Utah law also does not allow employers to require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process, or actually serving on a jury. Id.
Subpoena Leave
An employer may not deprive an employee of employment or threaten or otherwise coerce the employee regarding employment because the employee attends a deposition or hearing in response to a subpoena. Utah Code § 78B-1-132(1).
Military Leave
All state employees who are members of the organized reserve of the United States Armed Forces, including the Utah National Guard, shall be allowed full pay for all time not in excess of 15 days per year spent fulfilling the service requirements of the armed forces of the United States, including the Utah National Guard. This leave shall be in addition to any annual vacation leave with pay to which an employee may be entitled. Utah Code § 71A-8-102.
County and municipal employees who are members of the organized reserve of the United States Armed Forces, including the Utah National Guard, may be allowed up to full pay for all time not in excess of 15 days per year spent fulfilling the services requirements of the armed forces of the United States, including the Utah National Guard. This leave is at the discretion of the employing county or municipality and, if granted, shall be in addition to annual vacation leave with pay. Id.
Voting Leave
Utah law requires an employer to allow an employee to be absent from work on election day for up to two hours between the time the polls open and close if the employee does not have three or more off-duty hours in which to vote while polls are open. Utah Code § 20A-3a-105. An employer may not deduct from an employee's usual salary or wages because of the absence. Id.
The employee shall apply for leave before election day. Id. An employer may specify when the employee can take voting leave; however, if an employee requests leave either at the beginning or end of a shift, the employer must grant that request. Id.
Parental Leave
The State of Utah does not require a private employer to offer parental leave to its employees. However, the federal Family and Medical Leave Act requires employers with 50 or more employees to provide qualifying employees with up to 12 weeks of unpaid leave for specified medical or family reasons under certain circumstances.
Certain public employers are required to offer three weeks of paid parental leave to any individual who has a child born, adopted, or placed with them in foster care or who is appointed guardian of a child or incapacitated adult. Utah Code § 63A-17-511(2)(a)(i). Such employers are also required to offer employees who are eligible up to three weeks of paid postpartum recovery leave for recovery from childbirth. Utah Code § 63A-17-511(2)(a)(ii). Retaliation against employees for taking parental or postpartum leave is prohibited. Utah Code § 63A-17-511(10)(b).
Vacation, Sick, and Bereavement Leave
Utah law does not require private employers to provide employees with vacation, bereavement, or sick leave, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. Utah Admin. Code R610-3-4. However, employers are still subject to the federal Family Medical Leave Act and its requirements.
Legislative Leave
Utah law requires certain public employers to, at a minimum, offer unpaid leave to an employee who is a state legislator on authorized legislative days, unless doing so would impose undue hardship on the employer. This includes the state, municipalities, interlocal entities, counties, institutions of higher education, technical colleges, and local education agencies (i.e. public schools). Utah Code §§ 10-3-1111, 11-13-104, 17-15-33, 53B-2-114, 53B-2a-119, 53G-11-208, 63A-17-513. Employers are prohibited from retaliating against employees for taking legislative leave. Id.
Smoking Laws
The Utah Indoor Clean Air Act (UICAA) prohibits the use of cigarettes and e-cigarettes in indoor places of public access, including workplaces, subject to a few limited exceptions. Utah Code § 26B-7-503.
Utah Antidiscrimination Act (UAA)
The UAA prohibits employment discrimination based on: race, color, sex, pregnancy, childbirth, pregnancy-related conditions, age, religion, national origin, disability, sexual orientation, and gender identity. Utah Code § 34A-5-106(1)(a)(i). The UAA applies to employers with 15 or more employees within the state for each working day in each of the 20 or more calendar weeks in the current or preceding calendar year. Covered employers may not do any of the following based on a protected status: refuse to hire or promote, discharge, demote, terminate, retaliate against, harass, or discriminate against regarding compensation or terms, privileges, and conditions of employment. Utah Code § 34A-5-106(1)(g).
Finally, employers may not retaliate against an employee or applicant who opposes an employment practice prohibited by the UAA or files a charge, testifies, assists, or participates in a proceeding, investigation, or hearing under the UAA. Utah Code § 34A-5-106(1)(y).
Break Time to Express Milk
The UAA requires employers to provide reasonable accommodations for pregnancy, childbirth, breastfeeding, and related conditions unless the accommodation would create an undue hardship on the employer's operations. Utah Code § 34A-5-106(1)(g).
Employers are also prohibited from requiring an employee to terminate their employment if an alternative reasonable accommodation may be provided for the employee's pregnancy, childbirth, breastfeeding, or related conditions unless the requested accommodation would create an undue hardship on the employer's operations. Utah Code § 34A-5-106(1)(g). An employer is also prohibited from denying employment opportunities to an employee because it would be required to provide reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions unless the accommodations would create an undue hardship. Id. Employers are required to post, in a conspicuous place at the worksite and/or include in the employee handbook, written notice of employees' rights to reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions. Utah Code § 34A-5-106(7)(e).
Employment of Minors
Utah does not require employers to provide breaks, including lunch breaks, for workers 18 years of age or older.
For employees under 18 years of age, employers are required to provide a meal period of at least 30 minutes for any employee scheduled to work more than five hours. If any employee, regardless of age, cannot be completely relieved of all duties and permitted to leave the workstation or area during the meal period, the meal period must be paid as time worked. Utah Admin. Code 610-2-3.
Employers must provide a paid rest break of at least ten minutes to employees under the age of 18 for every four-hour period or part thereof that is worked. Minor employees must not work over three consecutive hours without a rest break. Utah Admin. Code 610-2-3.
In unusual situations where the requirements for lunch and rest breaks cannot be met, the Utah Antidiscrimination and Labor Division (UALD) may decide whether the general intent of the rules has been met to ensure the attainment of reasonable safeguards for a minor's health, safety, and education. Utah Admin. Code 610-2-3.