Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(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) “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) “Commission” means the Labor Commission.
(c) “Division” means the Division of Antidiscrimination and Labor in the commission.
(d) “Federal executive agency” means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
(e) “Franchise” means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(f) “Franchisee” means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(g) “Franchisor” means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(h) “Minimum wage” means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise.
(i) “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.
Cite this article: FindLaw.com - Utah Code Title 34. Labor in General § 34-40-102. Definitions--Joint employees--Franchisors - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-34-labor-in-general/ut-code-sect-34-40-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)