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Women are
49%
more likely to
live in poverty
than white men in
Utah
Single-woman led households are at the
highest risk
of poverty in
Utah
In
Utah
, women earn
$0.63
for every dollar a white man makes
Women in
Utah
are
54%
more likely to earn
minimum wage
than white men
Women in
Utah
are
71%
more likely to earn a
tipped wage
than white men
In
Utah
, at least
59%
of women are essential to the financial security of their household
Utah law does not have a stand alone protection against discrimination. Utah’s general anti-discrimination law prohibits discrimination between employees having substantially equal experience, responsibilities, and skill for the particular job on the basis of race, color, sex, pregnancy, childbirth, pregnancy-related conditions, age (if 40 or older), religion, national origin, disability, sexual orientation, or gender identity.[1]
Affirmative Defenses: A pay discrepancy may be justified if is it as a result of years of service with the employer,[2] a pay schedule agreed upon to protect the employee from loss of social security or benefits,[3] a bona fide seniority system, or a bona fide employment benefit plan such as retirement or pension.[4]
Retaliation: An employer may not retaliate against an employee.[5] Retaliation is defined in the Utah Code as an “adverse action by an employer against an employee or applicant because the person has participated in protected activity.”[6]
[1] UTAH CODE ANN. §34A-5-106.
[2] UTAH CODE ANN. §34A-5-106(1)(a)(iii)(B)(I).
[3] UTAH CODE ANN. §34A-5-106(1)(a)(iii)(B)(II).
[4] UTAH CODE ANN. §34A-5-106(4).
[5] UTAH CODE ANN. §34A-5-106(1)(a)(i).
[6] UTAH CODE ANN. § 34A-5-102(1)(y).
No. Utah law only has a general prohibition against employment discrimination and not a separate law covering pay equity.
No. Utah laws do not mandate any form of employer pay disclosure.
No. There is no state-wide prohibition on salary history inquiries in Utah. However, Salt Lake City has passed a salary history ban.[1] City offices in Salt Lake City are prohibited from asking an applicant about their current or past salaries, and if the applicant discloses this information, the city cannot rely on it as the basis for their salary determination.[2]
[1] SALT LAKE CITY, UTAH, Ordinance No. 3.01.10 (2018).
[2] SALT LAKE CITY, UTAH, Ordinance No. 3.01.10 (2018).
No. Utah law does not include protection for employees’ pay discussions. However, under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,for%20mutual%20aid%20or%20protection(last visited Jan. 28, 2022); 29 U.S.C. §§ 151-169.
No. Utah law does not require employers to collect, report, or assess gender-based pay data.
No. Utah’s minimum wage is the same as the federal minimum wage.[1] Utah law prohibits localities from setting a higher minimum wage.[2]
[1] UTAH CODE ANN. § 34-40-103(2)(b).
[2] Utah Code Ann. § 34-40-106.
No. Utah’s minimum wage corresponds with the federal tipped minimum wage.[1]
[1] UTAH CODE ANN. § 34-40-103(2)(b).
Yes. An employer must pay its employees at regular intervals, no longer than semimonthly.[1]
[1] UTAH CODE ANN. §34-28-3(1)(a).
Yes. Employers in Utah must provide a pay statement that includes the employee’s base rate of pay, the dates of the pay period, the number of hours worked, and the amount and reasons for any deductions.[1] Paydays should be designated in advance by employers, and it is the employer’s duty to notify the employees at the time of hiring.[2]
[1] UTAH CODE ANN. § 34-28-3(5).
[2] UTAHCODE ANN. §34-28-4(1).
No. Utah does not have a state overtime law, so federal law governs. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[1]
[1] 29 U.S.C. § 207 (2020).
Yes. An employer who refuses to pay wages due to an employee or falsely denies the amount of wages due is guilty of a class B misdemeanor.[1] Additionally, an employer who violates wage and hour laws is subject to civil fines between $50 and $500, depending on the number of violations.[2] Finally, reasonable attorney’s fees and costs may be imposed on the violating employer.[3] If an employer takes an adverse action against an employee because they did, or are going to, or the employer believes they will file a complaint or testify in a complaint related to the wage and hour laws, the employer violates Utah law.[4]
[1] UTAH CODE ANN. § 34-28-12(2).
[2] UTAH CODE ANN. § 34-28-9(3).
[3] UTAH CODE ANN. § 34-28-9(5)(b).
[4] UTAH CODE ANN. § 34-28-19(1).
