The Utah Employment Lawyer: New Utah Legislation Affecting Employers

The following is a summary of legislation passed in the 2017 Utah Legislature that may have some impact on employers. All House Bills (HB) and Senate Bills (SB) become effective on May 9, 2017, except those marked here with an *, which become effective July 1, 2017. All resolutions become effective the date of passage.

HB0028* – Public Employees Long-Term Disability Act Amendments – Requires a publicvemployee receiving disability benefits to keep the program informed of receiptvof payments that could result in the change of a disability payment.

HB0034 – Employment Security Act Sunset Extension – Extends the date that the Department of Workforce Services can share certain information with the Wage and Hour Division.

HB0062 – Educator Rights Amendments – Requires a local school board or charter school to implement a grievance process for a school employee who experiences abusive conduct.

HB0156S01 – State Job Application Process – Prohibits public employers from inquiring about a criminal conviction prior to an initial interview.

HB0165– Higher Education Retirement Amendments – Allows the Board of Directors of an applied technology college to designate the public or private retirement systems that employees are eligible to participate in.

HB0231 – Educator Evaluation Amendments – Amends provisions related to employment evaluations conducted by school administrators.

HB0238S01 – Payment of Wages Act Amendments – Amends the Payment of Wages Act definition of employer by incorporating the Federal Fair Labor Standards Act definition found at 29 U.S.C. § 203(d); requires a person asserting a wage claim that seeks wages of less than $10,000 to exhaust the administrative procedures available at the Wage Claim Division unless the claim is coupled with other claims that have damages that exceed $10,000 when combined with the wage claim or more than one employee asserts a wage claim against the same employer in an amount exceeding $10,000; and, clarifies the penalties a plaintiff may recover in a claim brought directly in district court.

HB0431S03– Government Employees Reimbursement Amendments – Prohibits government officers or employees from making personal purchases with public funds and requires the establishment of an appeal procedure to challenge finding of violations of the statute.

HCR0013– Concurrent Resolution for Public Employees’ Benefit and Insurance Program –Directs the Public Employees’ Benefit and Insurance Program to maintain the current benefit design for all plans, uses some medical renewal funds to reduce employee premium contributions, and refunds part of the excess dental reserves.

HJR0008– Joint Resolution Supporting the Retention of Public Educators – Supports retention of public educators by directing revenue generated from public lands toward a fund to increase educator salaries.

SB0018* – Firefighters’ Disability Retirement Benefit – Modifies the standard for determining a disability for members of the Firefighters’ Retirement System.

SB0019* – Retirement Systems Payments to Survivors – Provides that the divorce or annulment of a member’s marriage revokes any beneficiary designation naming the divorced member’s former spouse.