Utah Right-to-Work Laws

Utah is an at-will employment state. A Utah employer or employee can end their employment relationship without cause if it is not discriminatory. A Utah employer can't reject a prospective Utah employee due to union membership.

These are right-to-work laws. The laws protect workers from getting forced to join a union to get or keep a specific job. Utah passed these laws to help businesses pay less for labor by impeding any union's ability to organize for better benefits and pay a union can provide.

As a right-to-work state, union membership can't be a condition of employment in the state of Utah. This article explains the right-to-work laws, federal laws, and Utah laws that protect employees.

Right-to-Work Laws in Utah

Utah has had right-to-work laws since 1955. Complaints about right-to-work and workplace safety laws go to the Utah Labor Commission.

Code Section

Utah's right-to-work laws are in: Utah Code Ann. §§ 34-34-1 through 34-17

Policy on Union Membership & Organization

Utah's public policy is that private and public employers can't deny or diminish employment based on membership or non-membership in a labor union, organization, or any other type of association. Utah extends the right-to-work to what a Utah citizen does in their own home and personal life.

Prohibited Activity

Right-to-work laws bar the following:

• Any agreement, understanding, or practice denying a person work based on membership in a labor organization
• Unions can peacefully recruit members for lockouts, boycotts, or work stoppages. But any person, company, or union cannot force others to violate these laws
• Compelling a person to join or not join a labor union, organization, or association
• Employers requiring union membership or not to join a union. They also can't demand employees pay union dues or fees as a condition of employment.

Violating the right-to-work laws in Utah leads to penalties and fines.

Penalties

The possible penalties for violating right-to-work laws are:

• An injunction preventing the continued violation of the law
• Damages or payment of financial losses for the denial of employment or continued employment in violation of this law
• Each day of violating this act is a separate misdemeanor, and a misdemeanor can result in a maximum of a year in jail and a $2,500 fine.

Suppose you were denied any job or employment-related benefit due to your membership or lack thereof in a union. In that case, you should speak with an experienced Utah employment lawyer to determine your options.

Other Utah Laws that Protect Utah Employees

Utah protects employees and workers under state law in a few ways.

Some laws that protect workers include:

• Utah child labor laws prevent minor employees under 16 without a guardian's consent.
• Employers can't schedule minors to work during the school day.
• Utah's overtime law provides overtime pay above 40 hours in a workweek
• Utah Occupational Safety and Health (UOSH) requirements for workplace safety and worker environments.

Utah does not have laws requiring rest breaks, meal breaks, or meal periods. Utah payday law allows for semi-monthly and monthly payments (only if salary is required).

The Utah Antidiscrimination Act protects Utah workers and is a type of Utah labor law. A Utah private employer or the state of Utah can't discriminate based on:

• Childbirth
• Disability
• Gender identity
• Genetic information
• National origin
• Pregnancy or pregnancy-related conditions like breastfeeding
• Sexual orientation

Discrimination is also disallowed under federal law, but Utah has civil rights laws of its own.

The federal Family and Medical Leave Act (FMLA) protects eligible employees who must take sick leave to care for themselves or qualified family members. State law does not require employers to provide health care and health insurance. Paid health care leave is also not part of Utah's laws.

Utah has many minimum wage laws to protect workers besides the federal Fair Labor Standards Act (FLSA). All Utah workers must get paid the state minimum wage of $7.25. But there are exemptions to the Utah minimum wage. These non-exempt employees include the employer's immediate family, caregivers, and prisoners.

Protections for workers extend beyond employment. Utah law does not allow employers to maliciously give information during a past employee's background check by a potential new employer.

Contact a Utah Labor Lawyer

Utah law is challenging to navigate. Before deciding whether to act in a claim, contact a Utah labor attorney to verify employment laws. Laws surrounding unions are nuanced, too, so get legal advice before making decisions.