UTAH - Workers’ Rights

Definition of agricultural worker under state law:

Utah’s Employment Security Act defines “agricultural labor” at UTAH CODE ANN. § 35A-4-206.

There is a state minimum wage law. Utah Code Ann. § 34-40-103.
Under Utah state law, the state minimum wage cannot exceed federal minimum wage.
Current minimum wage is $7.25/hr.
Agricultural workers are covered by the state minimum wage, but with some exceptions. (UTAH CODE ANN. § 34-40-104).

There is a state overtime law. Utah Code Ann. §34-30-8.
Agricultural workers are excluded from the state overtime law. Utah Code Ann. §34-28-1

Utah Labor Commission, Antidiscrimination and Labor Division

Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. (Utah Code Ann. § 34A-2-101)
Exceptions (Utah Code Ann. § 34A-2-103): Employers with a total annual payroll for nonimmediate family employees of less than $8,000 does not have to provide coverage. Employers with a total annual payroll for nonimmediate family employees between $8,000 and $50,000 must either provide workers’ compensation or liability insurance in the amount of $300,000 and $5,000 for medical care. Employers with a total annual payroll for nonimmediate family employees of more than $50,000 must provide workers’ compensation.

State Enforcement Agency:

Utah Labor Commission, Industrial Accidents Division

There is a state law regarding field sanitation which mirrors the federal OSHA standard (applies to any farming operation with 11 or more employees engaged on any given day in hand labor operations in the field). (Utah Admin. Code § 614-3-15)

State Enforcement Agency:

Utah Labor Commission, Occupational Health and Safety Division

There is a state law regarding pesticide safety in agriculture (e.g., registration, labeling, permitting, use), but not specific to worker safety. (UTAH CODE ANN. § 4-14-101-111; UTAH ADMIN. CODE r. 68-7-13)
Suspected pesticide poisoning is a reportable illness for health care providers. Utah Code Ann. § 26-23b-103.

State Enforcement Agency:

Utah Department of Agriculture and Food, Pesticide Program

There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or the right to engage in collective bargaining with their employers.
Utah is a “right to work” state (Utah Code Ann. § 34-34-1), meaning that union membership and dues payments may not be made compulsory.
There is a state statute that grants workers the right to form or join a labor organization or to collectively bargain but agricultural laborers are excluded (UTAH CODE ANN. § 34-20-2(4))

Utah Legal Services, Inc.