Wage Amendments

9
34-23-301
34-28-20
34-40-102
34-40-103
34-40-106
0
Wage Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nate Blouin
House Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to wages.
Highlighted Provisions:
This bill:
defines terms;
requires that an employer include information relating to wages and other compensation
in a job listing;
increases the minimum wage in the state to $20 per hour;
provides that the Labor Commission (commission) may not establish a minimum wage
that is lower than $20 per hour;
requires that the commission adjust the minimum wage for inflation at least once per
year; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-23-301
, as last amended by Laws of Utah 1997, Chapter 375
34-40-102
, as last amended by Laws of Utah 2016, Chapter 370
34-40-103
, as last amended by Laws of Utah 1997, Chapter 375
34-40-106
, as last amended by Laws of Utah 2005, Chapter 287
ENACTS:
34-28-20
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
34-23-301
is amended to read:
34-23-301
. Minimum hourly wages.
The commission may establish minimum hourly wages for minors
. If there is an
established minimum hourly wage for adults, the minimum hourly wages for minors may be
established at a lesser amount.
in accordance with Section
34-40-103
.
Section 2. Section
34-28-20
is enacted to read:
34-28-20
. Wage transparency required.
(1)
As used in this section:
(a)
"Benefit" means an employee receiving, as additional compensation resulting from
the employee's position with an employer:
(i)
stocks;
(ii)
bonds;
(iii)
equity;
(iv)
ownership in a company; or
(v)
a bonus.
(b)
"Employer" means a person that employs at least 15 individuals in the state.
(2)
For each position the employer advertises in a job listing, an employer shall disclose in
the job listing:
(a)
the projected minimum wages;
(b)
the projected maximum wages; and
(c)
each benefit that an employee may receive in the position.
Section 3. Section
34-40-102
is amended to read:
34-40-102
. Definitions -- Joint employees -- Franchisors.
(1)
Subject to Subsection
(3)
, this chapter and the terms used in it, including the
computation of wages, shall be interpreted consistently with the Fair Labor Standards
Act of 1938, 29 U.S.C. Sec. 201 et seq., as amended, to the extent that act relates to the
payment of a minimum wage.
(2)
As used in this chapter:
(a)
"Adjust for inflation" means an increase or a decrease in accordance with the
seasonally adjusted Consumer Price Index for all urban consumers the that Bureau of
Labor Statistics within the United States Department of Labor publishes.
(a)
(b)
"Cash wage obligation" means an hourly wage that an employer pays a tipped
employee regardless of the tips or gratuities a tipped employee receives.
(b)
(c)
"Commission" means the Labor Commission.
(c)
(d)
"Division" means the Division of Antidiscrimination and Labor in the
commission.
(d)
(e)
"Federal executive agency" means an executive agency, as
that term is
defined
in 5 U.S.C. Sec. 105, of the federal government.
(e)
(f)
"Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(f)
(g)
"Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(g)
(h)
"Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(h)
(i)
"Minimum wage" means the state minimum hourly wage for adult employees as
established under this chapter, unless the context clearly indicates otherwise.
(i)
(j)
"Tipped employee" means an employee who customarily and regularly receives
tips or gratuities.
(3)
Notwithstanding Subsection
(1)
, for purposes of determining whether two or more
persons are considered joint employers under this chapter, an administrative ruling of a
federal executive agency may not be considered a generally applicable law unless that
administrative ruling is determined to be generally applicable by a court of law, or
adopted by statute or rule.
(4)
(a)
For purposes of this chapter, a franchisor is not considered to be an employer of:
(i)
a franchisee; or
(ii)
a franchisee's employee.
(b)
With respect to a specific claim for relief under this chapter made by a franchisee or
a franchisee's employee, this Subsection
(4)
does not apply to a franchisor under a
franchise that exercises a type or degree of control over the franchisee or the
franchisee's employee not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademarks and brand.
Section 4. Section
34-40-103
is amended to read:
34-40-103
. Minimum wage -- Commission to review and modify minimum wage.
(1)
(a)
The
On or after May 6, 2026, the
minimum wage for all private and public
employees within the state
shall be $3.35
is $20
per hour.
(b)
Effective April 1, 1990, the minimum wage shall be $3.80 per hour.
(2)
(a)
After July 1, 1990, the
Except as provided in Subsection
(2)(b)
, the
commission
may by rule establish the minimum wage or wages as provided in this chapter that
may be paid to employees in public and private employment within the state.
(b)
The minimum wage,
as established by the commission,
that the commission
establishes,
may
not exceed
not at any time be lower than:
(i)

the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., the Fair
Labor Standards Act of 1938, as amended, in effect at the time of implementation
of this section
.
; or
(ii)
the minimum wage established in Subsection
(1)
.
(c)
(3)
The commission:
(i)
(a)
may review the minimum wage at any time;
(ii)
shall review the minimum wage at least every three years; and
(iii)
(b)
shall review the minimum wage whenever the federal minimum wage is
changed
.
; and
(c)
shall, in accordance with Subsection
(2)(a)
, adjust for inflation the minimum wage at
least once per calendar year.
(3)
The commission may provide for separate minimum hourly wages for minors.
Section 5. Section
34-40-106
is amended to read:
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
the established minimum wage under Section
34-40-103
.
(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.
(b)
This Subsection
(3)
does not apply when federal law requires the consideration of
whether a person pays the person's employees a specified wage to persons working
on projects funded in whole or in part by federal funds.
(c)
This Subsection
(3)
applies to contracts executed on or after May 2, 2005.
(4)
(a)
The restrictions of this section on a city, town, or county apply to any entity
created by the city, town, or county.
(b)
This Subsection
(4)
applies to contracts executed on or after May 2, 2005.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-21-26 2:23 PM