Compliance Watch:
What are my overtime rights in Utah?

July 5th 2024

Overtime laws are designed to protect employees from being overworked without adequate compensation. Hence, understanding your rights regarding overtime is crucial for ensuring fair compensation for your work.

Both federal and state regulations govern employees’ overtime rights in Utah which employers must adhere to. This guide provides an overview of your overtime rights in Utah, helping employees understand their entitlements and responsibilities as employees.

This Article Covers

Understanding Overtime in Utah
Common Questions About Overtime in Utah
Legal Working Hours in Utah
Overtime Eligibility in Utah
    Overtime Payment Calculations in Utah
      Receiving Overtime Payment in Utah
      Violations of Overtime Law in Utah

      Understanding Overtime in Utah

      Is overtime pay mandatory in Utah?

      Yes, overtime pay is mandatory in Utah. Employers must provide eligible employees overtime pay at one and a half times their regular hourly rate for all hours worked over 40 in a workweek. Eligible employees are hourly and salaried workers who do not meet the exempt criteria.

      When do I qualify for overtime pay in Utah?

      In Utah, your qualification for overtime pay is determined by the standards set forth by the Fair Labor Standards Act (FLSA), which includes weekly worked hours, employment type, salary, job duties, and applicable special cases. To qualify for overtime in Utah:

      • Your work hours must exceed 40 hours in a workweek.
      • You must be a non-exempt employee.
      • Your earnings must be less than $684 per week ($35,568 annually).
      • Your job must not meet the criteria for any of the FLSA exemptions.

      How much is overtime pay in Utah?

      Overtime hours in Utah are compensated at a rate of one and a half (1.5) times the employee’s regular hourly rate for every additional hour worked beyond 40 in a workweek. The minimum overtime rate in Utah is $10.88 per hour since the state’s minimum hourly rate is $7.25 per hour.

      Which laws govern overtime in Utah?

      In Utah, overtime is governed by both state and federal laws. The primary laws governing overtime in Utah are:

      • Utah Code § 34-30-8: This state law sets certain labor standards which include regulations on minimum wage, child labor, and other employment conditions. However, Utah does not have a specific state overtime law, meaning it defers to federal law for overtime regulations.
      • Fair Labor Standards Act (FLSA): The FLSA is a federal law that sets certain labor standards that apply to most employers in the United States, including those in Utah. Under the FLSA, non-exempt employees must be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. Certain employees may be exempt from overtime pay, including those in executive, administrative, professional, and certain other roles.

      Common Questions About Overtime in Utah

      Do employers have to pay overtime in Utah?

      Yes, employers in Utah are required to pay eligible employees overtime. Employers must pay non-exempt employees overtime at a rate of one and a half times their regular rate of pay for all hours worked over 40 in a workweek.

      Can an employee refuse to work overtime in Utah?

      In Utah, employees do not have a legal right to refuse to work overtime unless covered by a specific contract or agreement that provides such rights. Employers can require overtime work and refusal to comply can result in disciplinary actions, including termination.

      Can I take comp time instead of overtime pay in Utah?

      Private sector employees are not entitled to comp time in lieu of overtime pay. Comp time is allowed for public (government) employees under specific conditions outlined in the FLSA. Public sector employees can offer comp time instead of overtime pay, but it must be provided at a rate of one and a half hours for each overtime hour worked.

      Can I get overtime pay in Utah without employer approval?

      In Utah, non-exempt employees are entitled to overtime pay for hours worked over 40 in a workweek, regardless of whether the overtime was pre-approved by the employer. Any work performed by the employee that benefits the employer must be compensated, including overtime hours. While employers may have policies requiring prior approval for overtime work, these policies do not affect the employee’s legal right to receive overtime pay for hours actually worked. However, violating such policies may lead to disciplinary action, but the employer still has to pay the overtime worked.

      Does Utah have double-time pay?

      Utah labor laws do not require employers to pay double-time pay for any specific hours worked, whether on weekends, holidays, or after a certain number of hours in a day. Utah follows federal law, which requires overtime pay at one and a half times the regular rate of pay for overtime hours. However, some employers may voluntarily offer double-time pay as part of their company policies or collective bargaining agreements. This can be an incentive for working holidays, weekends, or excessive hours, but it is not a legal obligation.

      What is working ‘off-the-clock’ in Utah?

      Working ‘off-the-clock’ in Utah refers to performing job duties or work-related activities without recording the time worked or without being compensated for that time. ‘Off-the-clock’ work can include, but is not limited to:

      • Performing job duties before clocking in or after clocking out.
      • Taking work home to complete outside of scheduled hours without compensation.
      • Responding to work-related emails, calls, or messages during unpaid time.
      • Attending mandatory training sessions or meetings outside regular work hours without pay.
      • Working through lunch breaks or other unpaid breaks without recording the time worked.

      What are common ways employers avoid paying overtime in Utah?

      Employers might sometimes engage in practices to avoid paying overtime; whether intentionally or due to misunderstanding the law. Here are common ways employers use:

      • Misclassifying employees as independent contractors can exempt employers from paying overtime and providing other benefits.
      • Requiring or allowing employees to work off-the-clock without recording those hours is illegal. This includes tasks performed before or after their official shift, such as setting up equipment or closing the day.
      • Miscalculating regular rate resulting in underpaid overtime or offering compensatory time off.
      • Altering time records to reduce the number of hours worked, either by rounding off time entries or by deducting hours worked without the employee’s consent.
      • Paying a fixed salary with the expectation that it covers all hours worked, including overtime without proper calculator and compensation for overtime hours.
      • Pressuring employees not to report overtime hours worked.

      Can you work seven days in a row in Utah?

      In Utah, no specific state laws prohibit working seven days in a row. Utah defines the workweek as a recurring 168-hour period, divided into seven 24-hour periods. In addition, the FLSA requires that non-exempt employees be paid overtime for hours worked over 40 in a workweek, but it does not limit the number of days an employee can work consecutively.

      How many ten-hour days can you work in a row in Utah?

      Legally, an employee in Utah can work multiple ten-hour days in a row, provided that:

      • They receive appropriate overtime pay for hours worked over 40 in a workweek.
      • There are no conflicting internal company policies or collective bargaining agreements.

      For example, if you work five ten-hour days (50 hours total) a week, you are entitled to 10 hours of overtime pay at one and a half times your regular rate.

      In addition, employers should also consider the potential impact on employee health and safety and strive to maintain a reasonable work-life balance.

      What are full-time hours in Utah?

      For full-time, FLSA non-exempt, hourly, public employees in Utah, full-time hours are defined as a minimum of 40 hours per workweek. Leave, except for vacation or compensatory time, cannot be used to exceed this 40-hour threshold. If an FLSA non-exempt, hourly public employee works more than 40 hours in a workweek, they are entitled to overtime pay at one and one-half times their regular rate of pay for the hours worked over 40.

      How many hours straight can you legally work in Utah?

      No federal or specific state laws in Utah that limit the number of hours an adult employee can work consecutively. However, employers must comply with the FLSA’s overtime provisions requiring employers to pay 1.5 times their regular pay rate for overtime hours and consider health and safety regulations. This means that employers should consider the risks associated with long hours, such as fatigue and the potential for accidents.

      Is overtime after eight hours or 40 hours in Utah?

      Overtime pay in Utah is required for any hours worked over 40 in a workweek. There is no requirement for overtime pay after 8 hours in a single day unless those hours contribute to the total exceeding 40 hours in the workweek. Employers and employees should refer to the FLSA for compliance with overtime regulations.

      Does working on the weekend qualify for overtime pay in Utah?

      In Utah, working on the weekend does not automatically entitle an employee to overtime pay. Overtime is calculated based on hours worked over 40 in a workweek, regardless of which days those hours are worked. Employers may have their policies regarding weekend or holiday pay, but these are not mandated by state or federal law.

      How many hours off between shifts is required in Utah?

      No state law In Utah sets a minimum number of hours off between shifts for adult employees. Employers are generally free to set their policies regarding scheduling and rest periods, but they should consider the potential impact on employee health and safety.

      What does ‘hours worked’ include in Utah?

      In Utah, hours worked include all the time an employee is required to be on duty, on the employer’s premises, or at any other prescribed place of work. The FLSA defines hours worked as:

      • Regular working hours: All the time an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
      • Preparatory and concluding activities: Time spent on activities that are integral and indispensable to the principal activities, such as setting up equipment or cleaning up at the end of the day.
      • Breaks and Meal Periods: Short breaks (usually 5 to 20 minutes) are considered worked hours and must be compensated. Bona fide meal periods (usually 30 minutes or more) are not considered hours worked if the employee is completely relieved from duty. If the employee is not completely relieved or is required to perform any duties during the mela period, it must be counted as hours worked.
      • On-call Time: If an employee is required to remain on or near the employer’s premises and is not free to use the time for their purposes, this is considered hours worked.
      • Travel Time: Traveling from one job site to another during the workday must be counted as hours worked.
      • Training and Meetings: Time spent attending training programs, lectures, meetings, and similar activities must be counted as hours worked unless attendance is outside regular working hours or voluntary and the training is not directly related to the employee’s job.
      • Waiting Time: If an employee is required to wait while on duty is considered hours worked.
      • Work from Home: Any work performed at home, including answering emails, making phone calls, or other work-related tasks, must be counted as hours worked if the employer knows or has reason to believe that the work is being performed.

      What is the maximum number of hours a salaried employee can work in Utah? 

      Salaried employees in Utah are typically classified as exempt under the Fair Labor Standards Act (FLSA), which means they are not entitled to overtime pay. There is no legal limit on the maximum number of hours they can work in a week under federal or state law. However, employers must ensure that salaried employees receive at least the federal minimum wage for all hours worked and comply with any applicable employment contracts or agreements.

      Learn more about Your Rights as a Salaried Employee in Utah.

      What is the maximum number of hours an hourly employee can work in Utah?

      Hourly employees in Utah are typically classified as non-exempt under the FLSA, meaning they are entitled to overtime pay for hours worked over 40 in a workweek. The maximum number of regular hours an hourly employee can work in Utah without triggering overtime pay is 40 hours per workweek. Beyond 40 hours in a workweek, hourly employees must be paid at a rate of one and one-half times their regular hourly rate for overtime hours.

      Learn more about Your Rights as an Hourly Employee in Utah.

      Overtime Eligibility in Utah

      Who is eligible for overtime pay in Utah?

      The FLSA primarily determines the eligibility for overtime pay in Utah. Most hourly workers are non-exempt and eligible for overtime pay. Some salaried employees who do not meet the criteria for exemption under the FLSA are also eligible. This includes workers whose job duties do not fall under the executive, administrative, professional, or other specified exemptions and who earn less than the salary threshold set by the FLSA.

      Who is exempt from overtime pay in Utah?

      In Utah, certain categories of employees are exempt from overtime pay requirements under the FLSA. To be considered exempt, employees must meet both the salary basis test and the duties test. Here are the primary categories of exempt employees:

      • Executive employees: Their primary duty is managing the company or a recognized department within and directing the work of at least two other full-time employees. They also have the authority to hire or fire other employees or their suggestions for the change of status of other employees.
      • Administrative employees: Their primary duty is performing office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers.
        Professional employees: This exemption applies to employees who perform work requiring advanced knowledge in a field of science or learning that is customarily acquired by prolonged specialized instruction or study. This category includes doctors, lawyers, engineers, and accountants.
      • Computer employees: Employed as computer systems analysts, computer programmers, software engineers, or other similarly skilled workers in the computer field. They are paid either on a salary basis at a rate not less than $684 per week or on an hourly basis at a rate not less than $27.63 an hour.
      • Outside sales employees: Primary duty is making sales or obtaining orders or contracts for services or for the use of facilities. They are also customarily and regularly engaged away from the employer’s place of business.

      In addition, the following occupations are exempt from overtime pay in Utah:

      • Independent contractors
      • Transportation workers
      • Certain agricultural and farm workers
      • Live-in employees such as housekeepers

      Can salaried employees get overtime pay in Utah?

      Yes, salaried employees can receive overtime pay in Utah if they are classified as non-exempt under the FLSA. Non-exempt employees who do not meet the criteria for exemption under federal regulations are entitled to overtime pay. This means that even though they receive a fixed salary if they work more than 40 hours in a workweek, they must be paid one and a half times their regular hourly rate for those additional hours.

      Learn more in detail about Utah Salaried Employees Laws and Utah Overtime Laws.

      Overtime Payment Calculations in Utah

      What is my regular rate of pay in Utah?

      Your regular rate of pay in Utah is the total compensation you receive divided by the total hours you work in a given workweek. For example, if you earn $290 in base pay for a 40-hour workweek, your regular rate of pay divided by 40 hours would be equivalent to $7.25 per hour.

      How do you calculate overtime in Utah?

      Calculating overtime in Utah involves determining the regular rate of pay and then applying the overtime rate for hours worked beyond the standard 40-hour workweek. Let’s say you earn $290 in a workweek or $7.25 per hour, your overtime rate would be $10.88 ($7.25 x 1.5). If you have worked 50 hours in a single workweek, your overtime hours would be 10 hours. Multiply the overtime rate and overtime hours to get the overtime pay, it would be $108.80. So, your total pay for the week would be $398.80.

      How is overtime taxed in Utah?

      Overtime pay in Utah is taxed the same way as regular wages, subject to federal and state income taxes, as well as Social Security and Medicare taxes. The withholding from your paycheck for these taxes will depend on your total earnings and the information you provided on your tax forms.

      Receiving Overtime Payment in Utah

      How is overtime paid in Utah?

      Overtime pay in Utah is processed and distributed in the same manner as regular wages. Employees receive electronic or printed pay stubs detailing their regular hours, overtime hours, and respective pay amounts. These stubs are accessible through employee portals or are provided with paper checks.

      When do I receive my overtime paycheck in Utah?

      In Utah, the timing of when you receive your overtime paycheck depends on your employer’s established payroll schedule. Utah employers must establish consistent paydays and notify employees in advance of any changes to the payment schedule. Overtime pay must be included in the regular paycheck for the pay period in which the overtime was worked. It should not be delayed or paid separately unless there is a specific arrangement agreed upon in advance.

      Violations of Overtime Law in Utah

      What if my employer refuses to pay me overtime in Utah?

      If your employer refuses to pay you overtime in Utah despite you being eligible under the FLSA, you have the right to file a wage claim or pursue legal action to recover the unpaid wages. It is advisable to first discuss the issue with your employer to resolve it amicably.

      If that fails, you can file a complaint with the Utah Labor Commission or the U.S. Department of Labor’s Wage and Hour Division. It’s important to gather evidence such as timesheets, pay stubs, and records of hours worked to support your claim.

      What is the penalty for failing to pay overtime in Utah?

      Employers who fail to pay overtime as required by the FLSA in Utah may be liable for back wages owed to the employee. Additionally, they could face penalties and fines imposed by the Utah Labor Commission or the federal Wage and Hour Division. These penalties can vary depending on the severity of the violation and whether it is a first-time or repeat offense. Employers may also be required to pay attorney fees and court costs if the case goes to litigation.

      How can I file a wage claim for overtime in Utah?

      To file a wage claim for unpaid overtime in Utah, you can submit a complaint to the Utah Labor Commission’s Antidiscrimination and Labor Division (UALD). You can file online, by mail, or in person at their office. You will need to provide detailed information about your employer, your employment situation, and evidence of the hours worked and unpaid overtime. The UALD will investigate your claim and may hold a hearing if necessary to determine the amount of wages owed.

      Can employers retaliate against employees for making a wage claim in Utah?

      Under Utah and federal law, employers are prohibited from retaliating against employees for asserting their rights to unpaid wages, including overtime. Retaliation can include termination, demotion, reduction in hours, or other adverse actions. If you believe you have been retaliated against for making a wage claim, you can file a complaint with the Utah Labor Commission or the federal Wage and Hour Division.

      Employers found guilty of retaliation may be required to reinstate the employee, provide back pay, and face additional penalties. It’s important to document any retaliatory actions and seek legal advice if needed to protect your rights.

      Learn more about Utah Labor Laws through our detailed guide.

      Important Cautionary Note

      This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.