Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 186 (2025GS)

Sponsor

Rep. Christofferson, Kay J.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• removes references that require an employee separating from an employer to provide a written demand for payment;
• removes the requirement that an employee make a demand in writing 15 days before bringing a suit for wages;
• requires that an employee, who disputes the amount an employer pays to the employee upon separation, provide notice to the employer before initiating a legal action; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
34-28-5
Wage Payment Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
LONG TITLE
General Description:
This bill modifies the payment of wages provisions.
Highlighted Provisions:
This bill:
removes references that require an employee separating from an employer to provide a 
written demand for payment; and
makes technical and conforming changes.
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 2018, Chapter 307
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
:
(i)
the unpaid wages of the employee become due immediately
,
;
 and 
(ii)
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
, at the same rate that the 
employee received at the time of separation,
 from the date of 
demand
separation
until 
paid, but in no event to exceed 60 days, at the same rate that the employee 
received at the time of separation.
the earlier of:
(A)
the date of payment; or
(B)
60 days after the date of separation.
(ii)
The employee may recover the penalty 
thus 
accruing to the employee in a civil 
action. 
(iii)
This action shall be commenced 
The employee shall commence an action to 
recover the penalty 
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
,
:
(a)
without abatement or reduction, 
all amounts due
 all persons whose work has been 
suspended as a result of the industrial dispute, together with
 without abatement or 
reduction; and
(b)
any deposit or other guaranty held by the employer for the faithful performance of 
the duties of the employment.
(4)
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.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-13-25 4:37 PM