Utah Statewide Rule
Utah Local Minimum Wage Preemption Statute
Key Facts
- Title Chapter
- Title 34 Chapter 40 sets state minimum wage
- Local Minimum
- Local minimum wage ordinances are preempted
- Labor Commission
- Labor Commission enforces wage standards
- Federal Flsa
- Federal FLSA framework applies in parallel
Summary
Utah Title 34 Chapter 40 establishes the state minimum wage and preempts local governments from enacting their own minimum wage ordinances.
34-40-106. Limitations on minimum wage imposed by cities, towns, or counties. (1) A city, town, or county may not establish, mandate, or require a minimum wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938. (2) (a) A city, town, or county may not require that a person who contracts with the city, town, or county pay that person's employees a wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938. (b) Subsection (2)(a) does not apply when federal law requires the payment of a specified wage to persons working on projects funded in whole or in part by federal funds. (c) Subsection (2)(a) applies to contracts executed on or after April 30, 2001. (3) (a) If a city, town, or county contracts with a person for the direct purchase of goods or services, in awarding or otherwise executing that contract, the city, town, or county may not give any preferential treatment to a person on the basis that the person pays that person's employees a wage that exceeds the minimum wage as provided in 29 U.S.C. 201 et seq., Fair Labor Standards Act of 1938.
Full Breakdown
Utah's Minimum Wage Act in Title 34 Chapter 40 sets the statewide minimum wage at the federal floor and reserves wage regulation to the state Legislature. Section 34-40-106 prohibits political subdivisions from establishing minimum wage rates exceeding state law. The Labor Commission administers wage standards uniformly, ensuring employers operate under one rate regardless of location. Local governments retain authority over their own employees as employers, but cannot impose private-sector wage mandates. Tipped employees, agricultural workers, and certain trainees follow specific exemptions consistent with the federal Fair Labor Standards Act framework.
Violations & Penalties
Employers paying below state or federal minimum wage face Labor Commission claims, back wage liability, civil penalties, and possible private right of action.
Frequently Asked Questions
Can Utah cities raise their minimum wage?
What is Utah's minimum wage?
Sources
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