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Utah Employment Law Questions & Answers
Q: In Utah do they have a law that protects employees with a disability caused by COVID long haulers (Post Covid)?

I work for insurance company, and I have Covid long haulers. I have an accommodation oh file to address my disability. I have some difficulty with cognition at times. I have done better recently and continue to improve with treatment. But my doctor states I will never be like I was before Covid. I... View More

0 Answers | Asked in Employment Law for Utah on
Q: I live in Utah. Uber is telling me I cannot work until I accept the terms and conditions of North Dakota. Can you advise

I have been working for Uber Since February this year and this notification popped up today. It is a condition of working in South Dakota. I have not lived in South Dakota or worked in South Dakota. I have contacted them to find out why they are requiring me to agree to terms and conditions for a... View More

0 Answers | Asked in Cannabis & Marijuana Law, Employment Law, Personal Injury and Workers' Compensation for Utah on
Q: I got injured on the job and now my company isn't trying to cover everything because I have a medical marijuana script

The injury was caused by a separate company called qualtrics X4. I'm not sure if I need to have an attorneys help in holding these two companies responsible.

0 Answers | Asked in Employment Discrimination and Employment Law for Utah on
Q: I was never warned about my performance and or my attendance at work then terminated what can I do

I am a crew lead to a company called cleaner heads I've been employed here for about 3 years recently new owners bought the company in December 2023 from that point on work has become a nightmare my new employers are making my work week impossible to complete. Normal job would take 3 to 4... View More

1 Answer | Asked in Employment Law for Utah on
Q: My husband got fired today. Does his company have to pay him the 80 hours of vacation he had saved?

In Utah they are suppose to pay you for vacation time as they would a wage unless they otherwise stated in contract. His old company is now saying it is their policy that they for-fit unused vacation. She then said they handed it out a year ago and that he never returned it. She said she still has... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Utah, the issue of whether a company must pay out accrued vacation time upon termination depends largely on the company's policy. If the company's policy clearly states that employees will forfeit unused vacation time upon termination, and this policy has been communicated to the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah on
Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

James L. Arrasmith
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answered on Dec 6, 2023

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More

1 Answer | Asked in Employment Law and Constitutional Law for Utah on
Q: I am a subcontracted employee that delivers mail to separate post offices. Can I conceal carry while at work? (Utah)

There are signs that say bringing a firearm into the building is illegal, unless on "official business". If I am "performing the authorized duties and responsibilities of an employee’s position", is that not "official business"?

James L. Arrasmith
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answered on Oct 15, 2023

Under Utah law, an individual with a valid concealed carry permit may generally carry a concealed firearm. However, specific properties, including certain governmental facilities, can prohibit firearms on their premises. The language about "official business" could be interpreted in... View More

1 Answer | Asked in Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 6, 2023

Hello,

Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.

From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see...
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Q: What type of lawyer do I need to fight against a company I was fired from for an allergic reaction to their chems?

Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.

T. Augustus Claus
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answered on Sep 28, 2023

For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.

1 Answer | Asked in Employment Law for Utah on
Q: Can my employee change my pay with one day notice in Utah?

They’re only changing my commission structure not hourly.

T. Augustus Claus
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answered on Jul 31, 2023

In Utah, an employer generally has the right to change an employee's pay structure, including commission rates, with proper notice. However, the specific rules regarding notice and changes to pay can vary depending on the terms of the employment contract, any applicable collective bargaining... View More

1 Answer | Asked in Employment Law for Utah on
Q: Am I still legally required to sign the employment handbook after I quit
T. Augustus Claus
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answered on Jul 11, 2023

Once you have quit your job, you are generally no longer under any legal obligation to sign or agree to an employment handbook or any other employment-related documents. Employment handbooks typically outline policies and guidelines for current employees, and your resignation typically ends your... View More

1 Answer | Asked in Employment Law for Utah on
Q: I am a PRN receptionist who has a question

My employer refuses to give me any assignments when I can see the multiple positions online. I went on unemployment because of this and they threatened to terminate me. My unemployment just ran out. This has been going on for 6 months now. I just reached out again after seeing a few more positions... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

Whether you can pursue a legal claim in this situation depends on two things: (1) whether there actually is work available for you; and (2) if so, why you aren't being selected to perform it. If you suspect the company is passing you over for available jobs due to a protected class... View More

2 Answers | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
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Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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3 Answers | Asked in Employment Law and Contracts for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Utah on
Q: I have worked for a local hospital from home doing prior auth for 8 years and now they are forcing me to come in-house.

I cannot do my job correctly working from a cubicle and that’s why they had me work from home in the first place. Now there is new management and they think they can do my job better than me.

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

More information would be needed in order to effectively answer your question. Can you not perform you work correctly in house because of a disability? if that were the case, you may be able to attempt to get reasonable accommodations. If you just prefer to work at home and they are requiring you... View More

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have to repay a sign on bonus if I was never given a way to pay it back?

I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2022

If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.

Just because they haven't responded...
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1 Answer | Asked in Employment Law for Utah on
Q: Is a work safety policy that prohibits workers from leaving the building to go home or to the restroom legal?

When lightning is reported within a certain number of miles, employees are prohibited from leaving the building until no strikes have been recorded for 30 minutes. They are told they cannot go home if this happens at the end of shift and are also prohibited from using restroom facilities which are... View More

Mike Branum
Mike Branum
answered on Jul 1, 2022

So many issues.

"Is it legal?" is a loaded question. There is nothing specifically illegal about having a policy in place. Employers can make a policy about nearly anything and employees may choose to follow the policy, seek other employment, or ignore the policy and risk...
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1 Answer | Asked in Employment Law, Personal Injury and Communications Law for Utah on
Q: (Utah) I was terminated due to attendance at my job, and my boss contacted my cohabitates to inform them.

For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... View More

Michael Lewis Eisner
Michael Lewis Eisner
answered on Sep 21, 2021

You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... View More

1 Answer | Asked in Employment Law for Utah on
Q: If I am required to sleep at work for a "sleep shift" is it considered hours worked?

I work at a residential addiction treatment facility in Utah. I work less than 24 hours per day. One or two nights per week I am required to do a "sleep shift". A 9.25 hour period in which I am required to sleep at the facility in case of an emergency with any of the clients. The thinking... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 18, 2020

Assuming you work less than 24 hours per day during your sleep shifts (i.e. normal shift + sleep shift = less than 24 hours total), then your employer must abide by the minimum wage and overtime requirements of the FLSA. The federal and Utah minimum wage is $7.25 per hour, so your pay for the sleep... View More

1 Answer | Asked in Employment Law for Utah on
Q: When does paid time start in this situation?

During the COVID-19 pandemic, workers are required to pass through a medical checkpoint to answer a questionnaire and have their temperatures checked. Workers must then walk 10-30 minutes from the checkpoint to their "start" area and must be there at 7AM to be officially clocked in. I am... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 20, 2020

Both of these issues are governed by the Fair Labor Standards Act. Unpaid breaks of 30 minutes or more are permissible under the FLSA, so you need not be paid during your lunch breaks. Whether you should be paid for the time you spend in the medical checkpoint and walking to your work station is a... View More

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