Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 212 (2018GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses the payment of unpaid wages to a commission-based sales agent after the employer separates the sales agent from the employer's payroll.

Every vote on this bill

Bill text

SEPARATION FROM PAYROLL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Gage Froerer
LONG TITLE
General Description:
This bill modifies provisions related to the payment of wages.
Highlighted Provisions:
This bill:
▸ addresses the payment of unpaid wages to a commission-based sales agent after the
employer separates the sales agent from the employer's payroll.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-28-5
, as last amended by Laws of Utah 2015, Chapter 376
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-28-5
 is amended to read:
34-28-5.
Separation from payroll -- Resignation -- Cessation because of industrial
dispute.
(1) (a) When an employer separates an employee from the employer's payroll the
unpaid wages of the employee become due immediately, and the employer shall pay the wages
to the employee within 24 hours of the time of separation at the specified place of payment.
(b) An employer satisfies the 24-hour time requirement described in Subsection (1)(a)
if:
(i) (A) the employer mails the wages to the employee; and
(B) the envelope that contains the wages is postmarked with a date that is no more than
one day after the day on which the employer separates the employee from the employer's
payroll; or
(ii) within 24 hours after the employer separates the employee from the employer's
payroll, the employer:
(A) initiates a direct deposit of the wages into the employee's account; or
(B) hand delivers the wages to the employee.
(c) (i) In case of failure to pay wages due an employee within 24 hours of written
demand, the wages of the employee shall continue from the date of demand until paid, but in
no event to exceed 60 days, at the same rate that the employee received at the time of
separation.
(ii) The employee may recover the penalty thus accruing to the employee in a civil
action. This action shall be commenced within 60 days from the date of separation.
(iii) An employee who has not made a written demand for payment is not entitled to
any penalty under this Subsection (1)(c).
(2) If an employee does not have a written contract for a definite period and resigns 
the employee's employment, the wages earned and unpaid together with any deposit held by the
employer and properly belonging to the resigned employee for the performance of the
employee's employment duties become due and payable on the next regular payday.
(3) If work ceases as the result of an industrial dispute, the wages earned and unpaid at
the time of this cessation become due and payable at the next regular payday, as provided in
Section 
34-28-3
, including, without abatement or reduction, all amounts due all persons whose
work has been suspended as a result of the industrial dispute, together with any deposit or other
guaranty held by the employer for the faithful performance of the duties of the employment.
(4) [
This section does not apply to the earnings of
] 
For
 a sales agent employed 
in
whole or in part
 on a commission basis who has custody of accounts, money, or goods of the
sales agent's principal
, this section does not apply to the commission-based portion of the sales
agent's earnings
 if the net amount due the agent is determined only after an audit or verification
of sales, accounts, funds, or stocks.