Recordkeeping/Posters Law Summaries
Utah, Recordkeeping/Posters Law Summaries
WHAT THE EMPLOYER MUST DO
Employers in Utah have recordkeeping responsibilities under the state's minimum wage law, wage payment law, child labor law, and unemployment insurance law. See RECORDKEEPING for specific requirements.
Utah employers must display an unemployment insurance notice, a workers' compensation notice, and a job safety and health poster. See POSTERS for specific requirements.
RECORDKEEPING
Minimum wages.- Employers must make and keep payroll records of employees covered by Utah's minimum wage law, showing names, addresses and dates of birth. The records must also show hours worked and wages paid to all covered employees (Utah CodeAnn, Sec. 34-40-201).
Retention requirement: three years.
Wage payment.- Every employer must keep a true and accurate record of time worked and wages paid each pay period to each employee who is employed on an hourly or a daily basis in the form required by the Department of Workforce Services rules (Utah CodeAnn, Sec. 34-28-10, as amended by Ch. 240, L. 1996).
The Director of the Division of Labor, Safety, and Program Regulation or the director's designee may enter any place of employment during business hours to inspect the records and to ensure compliance with Utah's wage payment law (Utah CodeAnn, Sec. 34-28-10, as amended by Ch. 240, L. 1996).
Retention requirement: one year after entry.
Child labor.- The Director of the Division of Labor, Safety, and Program Regulation in the Department of Workforce Services or the director's designee may have access to such records as may aid in the enforcement of Utah's child labor law (Utah CodeAnn, Sec. 34-23-401).
It is a class B misdemeanor for a person, whether individually or as an officer, agent, or employee of any person, firm, or corporation to (Utah CodeAnn, Sec. 34-23-402):
refuse or knowingly omit or neglect to keep any of the records required by Utah's child labor law;
knowingly make any false statement, representation, or certification in any record, report, plan, or other document filed or required to be maintained under Utah's child labor law.
Unemployment insurance.- Employers must keep true and accurate work records containing information prescribed by the Utah Industrial Commission (Utah CodeAnn, Sec. 35-4-312).
An employer's unemployment insurance records must be open to inspection and duplication by the commission or its authorized representatives (Utah CodeAnn, Sec. 35-4-312, as amended by S.B. 47, L. 1996).
Retention requirement: three calendar years -the records must be available in Utah for this period of time (Utah CodeAnn, Sec. 35-4-312, as amended by S.B. 47, L. 1996).
Reports.- The commission may require employers to submit sworn or unsworn reports concerning their employees (Utah CodeAnn, Sec. 35-4-312).
Information obtained from these reports, or otherwise obtained under Utah's unemployment insurance law, will be held confidential and will not be published or be open to public inspection in any manner revealing the individual's or employer's identity. However, the law specifies several exceptions to the confidentiality requirement. See ¶46-1700 for more information on the exceptions (Utah CodeAnn, Sec. 35-4-312, as amended by S.B. 47, L. 1996).
Drug testing.- Under Utah's drug-free workplace law, the use and disposition of all drug test results are subject to the limitations of Utah's Government Records Access and Management Act (Title 63G, Ch. 2) and the federal Americans with Disabilities Act of 1990 (Utah CodeAnn, Sec. 34-41-103(3), as amended by Ch. 382 (H. 63), L. 2008, effective May 5, 2008).
Employment Selection Procedures Act.-Job applications.- Employers must maintain a specific policy regarding retention, disposition, access and confidentiality of information obtained from job applicants as part of the employment selection process. Information obtained on an individual applicant by an employer as part of an initial employment selection process, except where otherwise required by law, can not be retained more than two years after the day on which the applicant provides the information to the employer, if an employer does not hire the applicant within that two-year period (Sections 34-45-203, added by H. 206, L. 2009, effective May 12, 2009).
POSTERS
PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.
Unemployment insurance.- Employers must post and maintain printed statements concerning benefit rights and claims for benefits in places readily accessible to employees.
How to order.- For information on the unemployment insurance statements, contact the Utah Industrial Commission through the Department of Employment Security, 140 E. South, P.O. Box 11249, Salt Lake City, Utah 84147-0249. Telephone: (801) 536-7400.
Utah Unemployment Insurance Notice to Workers
UT_UI.pdf
Smoking in the workplace.- In public places consisting of a single room in Utah, the provisions of the smoking law will be considered to have been met if one side of the room is reserved and posted as a nonsmoking area and the ventilation of the room is sufficient to prevent the smoke pollution from becoming either a health hazard or a discomfort to nonsmokers.
Workers' compensation.-
Utah Workers' Compensation Notice - English
UT_WC_Eng.pdf
Utah Workers' Compensation Notice - Spanish
UT_WC_Sp.pdf
Job safety and health protection.-
Utah Job Safety and Health Protection Poster - English
UT_Safety_Eng.pdf
Utah Job Safety and Health Protection Poster - Spanish
UT_Safety_Sp.pdf