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LABOR LAWS- UTAH

The labor law in the state of Utah is governed by Title 34 and 35 of the Utah Code.

LABOR DISPUTE

The code even though does not define the word labor dispute; but however the provided that the word may include any controversy concerning:

•  terms or conditions of employment, or

•  concerning the association or

•  representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or

•  concerning employment relations, or

•  any other controversy arising out of the respective interests of employer and employee

regardless of whether or not the disputants stand in the proximate relation of employer and employee.

A case shall be held to involve or grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employees of one employer; or who are members of the same or an affiliated organization of employers or employees whether such dispute is:

1. between one or more employers or associations of employers and one or more employees or associations of employees;
2. between one or more employers or associations of employers and one or more employers or associations of employers; or
3. between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a labor dispute of persons participating or interested in it.

AGREEMENTS AGAINST PUBLIC POLICY

Every undertaking or promise hereafter made, whether written or oral, express or implied, between any employee or prospective employee and his employer, prospective employer or any other individual, firm, company, association, or corporation, whereby:

either party thereto undertakes or promises to join or to remain a member of some specific labor organization or organizations or to join or remain a member of some specific employer organization or any employer organization or organizations; and/or

either party thereto undertakes or promises not to join or not to remain a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations; and/or

either party thereto undertakes or promises that he will withdraw from an employment relation in the event that he joins or remains a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations; is hereby declared to be contrary to public policy and shall not afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise, or against any other persons who may advise, urge or induce, without fraud, violence or threat thereof, either party thereto to act in disregard of such undertaking or promise.

Injunctive relief

Whenever any court, or judge or judges of it, shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on his filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon filing of such record in the appropriate appellate court the appeal shall be heard with the greatest possible expedition, giving the proceeding precedence over all other matters except older matters of the same character.

MINIMUM WAGE

The minimum wage for all private and public employees within the state shall be $3.80 per hour.

The minimum wage, as established by the commission, may not exceed the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act of 1938, as amended, in effect at the time of implementation of this section. The commission:

•  may review the minimum wage at any time;

•  shall review the minimum wage at least every three years; and

•  shall review the minimum wage whenever the federal minimum wage is changed.

EMPLOYMENT OF MINORS

A minor may not be employed or permitted to work in any hazardous occupation except as authorized by the division in writing when the minor is under careful supervision in connection with or following completion of an apprentice program, vocational training, or rehabilitation program as approved by the division.

Hazardous Occupation Orders

Specific occupations determined to be particularly hazardous by the U.S. Department of Labor and not permissible employment of minors under 18 years of age and so adopted by the state law are:

1. Operation in or about establishments manufacturing or storing explosives or articles containing explosive components.
2. Motor vehicle drivers and helpers (with exceptions).
3. Coal mining operations.
4. Logging operation of any sawmill, lath mill, shingle mill or cooperage-stock mill.
5. Operation of power-driven woodworking machines.
6. Jobs involving exposure to radioactive substances and to ionizing radiation.
7. Operation of power-driven hoisting apparatus.
8. Operation of power-driven, metal forming, punching and shearing machines.
9. Operation connected with mining other than coal.
10. Meat processing operations.
11. Operation of certain power-driven bakery machines.
12. Operation of certain power-driven paper-products machines.
13. Manufacture of brick, tile and clay products.
14. Operation of circular saws, band saws and guillotine shears.
15. Wrecking, demolition and shipbuilding operations.
16. Roofing operations.
17. Excavation operations.

The Labor Commission is authorized to make exception to the hazardous job prohibition when the youth is under careful supervision in connection with or following completion of an apprenticeship program, vocational training or rehabilitation program as approved by the Commission.

Employment of minors under 16 during school hours

A minor under the age of 16 may not be employed or permitted to work during school hours except as authorized by the proper school authorities. A minor under the age of 16 may not be permitted to work:

1. before or after school in excess of four hours a day;
2. before 5:00 a.m. or after 9:30 p.m., unless the next day is not a school day;
3. in excess of eight hours in any 24-hour period; or
4. more than 40 hours in any week.

Permitted occupations for minors 14 or older

Minors 14 years of age or older may work in a wide variety of nonhazardous occupations including:

1. retail food services;
2. automobile service stations, except for the operation of motor vehicles and the use of hoists;
3. public messenger service;
4. janitorial and custodial service;
5. lawn care;
6. the use of approved types of vacuum cleaners, floor polishers, power lawn mowers, and sidewalk snow removal equipment; and
7. other similar work as approved by the division.

Minors 14 years of age or older may also work in nonhazardous areas in manufacturing, warehousing and storage, construction, and other such areas not determined harmful by the division.

Permitted occupations for minors 12 or older

Minors 12 years of age or older may work in occupations such as:

1. the sale and delivery of periodicals;
2. door-to-door sale and delivery of merchandise;
3. baby-sitting;
4. nonhazardous agricultural work; and
5. any other occupation not determined harmful by the division.
   

Permitted occupations for minors ten or older

 Minors ten years of age or older may work in occupations such as:

•  delivery of handbills, newspapers, advertising, and advertising samples;

•  shoe-shining;

•  gardening and lawn care involving no power-driven lawn or snow removal equipment;

•  caddying; and

•  any occupation not determined harmful by the division

Permitted occupations with no specific age limitations or restrictions.

With consent of the minor's parent, guardian, or custodian, no specific age limitations or restrictions are imposed for:

1. home chores and other work done for parent or guardian;
2. any casual work not determined harmful by the division;
3. agricultural work including the operation of power-driven farm machinery in the production of agricultural products; or
4. work for which a specific, written authorization has been made by the division.
   

WORKERS' COMPENSATION

Workers' compensation is a wage replacement and medical care program for a worker whose injury or illness is work related. Workers' compensation benefits are paid by the employer's insurance carrier or by the self-insured employer. These benefits cover only injuries, illnesses and fatalities that are work related. All employers are required to have workers' compensation insurance; however, there may be some exceptions: employers of agricultural laborers, casual or domestic workers, real estate brokers, sole proprietors, partners, and in some cases a director or officer of a corporation.

REPORTING AN ACCIDENT

A report of the accident to the employer immediately, no matter how slight. However, a worker has up to 180 days to report an injury or work related illness.

A copy of the report is to be given to the employee, the Labor Commission and the insurance carrier within 7 days of your reporting the accident or work related illness to your employer.

The doctor of the injured worker will complete the "Physician's Initial Report of Injury" (Form 123). Copies of this report are to be given to the employee, the insurance carrier and the Labor Commission within 7 days of the injured worker's visit.

Workers' compensation will pay for:

•  Wage replacement for time lost from work, due to a work related injury or illness

•  Hospital bills, medical bills and prescriptions

•  Burial and dependent benefits in cases of death

•  Permanent partial impairment

•  Mileage for medical care - keep a record of your mileage to and from authorized medical care. Requests for travel reimbursement must be submitted to your carrier for payment within 1 year of medical care.

MENTAL STRESS

Mental stress is covered under workers' compensation in very limited situations. Good faith employer personnel actions including disciplinary actions, work evaluations, job retirements are not usually covered under workers' compensation. Alleged discrimination, harassment, or unfair labor practices may not form the basis of a compensable mental stress claim.

WAGE REPLACEMENT BENEFITS

Workers' compensation checks begin after the insurance carrier receives the Employer's First Report of Injury (Form 122) and the Physician's Initial Report of Injury (Form 123) indicating time loss from work.

Upon receipt of the reports the insurance carrier has 21 days to accept, deny or notify you of further investigation. If further investigation is required, the insurance carrier may have an additional 24 days to complete their investigation. Therefore, the insurance carrier may have a total of 45 days to review a claim to decide whether or not it will be accepted or denied.

Workers' compensation checks are usually issued every two weeks if your doctor continues to send reports stating you are still temporarily totally disabled and not able to work.

The first three days a worker is taken off work by a doctor are not compensable until the worker has been off work 15 days. Days off from work do not have to be consecutive. For example: if your doctor took you off work for five days, you would be paid the workers' compensation wage replacement for only two days. However, if four (4) weeks later your doctor takes you off work for 10-days, then the insurance carrier or self-insured employer would go back and pay you for the first three days.

TIME TAKEN TO RECEIVE WORKERS' COMPENSATION BENEFITS

If the doctor has taken you off work, you will receive temporary total compensation checks until a doctor states you have reached maximum medical improvement or have been released to return to work. If there is no job to return to, one can apply for unemployment benefits within 90 days of receiving a full-work release.

RELEASE TO RETURN TO WORK

The employer, physician or employee can initiate this when the doctor gives you a full-duty release or light duty work release. When the employer makes a light duty position available for you and it has been approved by your physician, you are required to accept that position or risk losing your benefits.

RE-EMPLOYMENT

It is considered poor judgment for an employer to terminate any employee without considering the possible consequences of such action. However, there is nothing in the Utah Workers' Compensation Act that prohibits an employer from terminating an employee. If the employer has 15 or more employees, the injured worker may want to look into the Americans With Disabilities Act and other employment laws.

Employer is not required to provide a new job or retrain. However, if an employer has an alternative position for which the injured worker is qualified, it may be considered a reasonable accommodation to reassign the worker to that position.

If the injury prevents the worker from returning to his customary job, he/she may be eligible for re-employment or rehabilitation services at the Utah State Office of Rehabilitation (USOR).

Vocational rehabilitation or retraining is voluntary in the State of Utah. Your employer is not required to provide retraining or vocational assistance. If you need assistance in returning to work, you should contact your employer's insurance carrier for information on:

•  Vocational assessment/evaluation

•  Counseling

•  Job placement

•  On-the-job training

•  Academic training

•  Work-site accommodations or assist devices

CLAIMS RESOLUTION CONFERENCE

The Utah Labor Commission now offers a program to resolve disputes that exist between the parties of a workers' compensation claim. Using Alternative Dispute Resolution (ADR) the parties agree to meet, and with the help of a neutral person, develop solutions, which resolve the issue(s) and mutually benefit both parties.

Workers' compensation is a no-fault system. However, when an injury is caused by the willful failure of the employee to use a safety device when provided, or fails to obey any order or rule adopted by the employer for the safety of the employee, the wage compensation may be reduced by 15%. If the employer willfully caused the worker's injury, the worker may be entitled to a 15% increase in compensation.