Employees in Utah who work more than 40 hours in a single workweek could qualify depending on what type of employee they are. Overtime pay is 1.5x the standard rate of the employee and applies to every hour you work over 40 should you be eligible to receive it. However, how do you know if you are? Understanding the Fair Labor Standards Act (FLSA) along with Utah wage laws will help make sure you receive adequate compensation for the work you do.
Overview of Overtime Law in Utah
Below Is an Outline of Critical Utah Overtime Law Components.
State/Federal Statutes
State Wage Law: Utah Code § 34-30-8
Fair Labor Standards Act of 1938 (FLSA)
Methods For Overtime Calculation:
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
FLSA Exemptions
These Employees Do NOT Qualify for Overtime Pay in Mississippi (Incomplete List)
Administrative Employees
Executive Employees
Minors (under 16)
Outside Salespeople
Professional Employees
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
Is There a Daily Overtime Limit?
If your employer wishes to pay you more if you work over a certain amount of hours, then he may choose to do so. However, there is no law in place mandating employers must pay employees more if they work more than a specific set of hours like there is in other states.
Utah’s Vacation and Holiday Pay
Employers are not required by law to pay employees sick pay, vacation, or holiday pay. It is important to note, however, employers who do provide these types of pay must apply them in a way that does not discriminate.
Overtime Exemptions in Utah
There are exemptions to overtime pay in Utah. Here are a few:
Administrative Employees
Agricultural Employees (those who work less than 500 man-days or work part of a family farm)
Amusement Park Employees
Computer-Related Employees (some)
Criminal Investigators
Domestic Employees
Employees of a Newspaper Circulation (weekly, semiweekly, or daily)
Executive Employees
Farmers of Sealife
Minors (employees under age 16)
Outside Salespeople
Professional Employees
Religious, Organized Camp, and Non-Profit Education Employees (with some exceptions)
Switchboard Operator (any)
If You Have Been Denied Overtime, Seek Legal Advice Immediately
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not received proper compensation, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
I’m biweekly. I worked 33 hours week 1 and in week 2 I worked 45. Since week 2 is over 40 do I get overtime pay? No company has ever paid me correctly if that’s the case.
I’m biweekly. I worked 33 hours week 1 and in week 2 I worked 45. Since week 2 is over 40 do I get overtime pay? No company has ever paid me correctly if that’s the case.