2006 Utah Code - 34-28-3 — Regular paydays -- Currency or negotiable checks required -- Deposit in financial institution -- Statement of total deductions -- Unlawful withholding or diversion of wages.

     34-28-3.   Regular paydays -- Currency or negotiable checks required -- Deposit in financial institution -- Statement of total deductions -- Unlawful withholding or diversion of wages.
     (1) (a) An employer shall pay the wages earned by an employee at regular intervals but in periods no longer than semimonthly on days to be designated in advance by the employer as the regular payday.
     (b) An employer shall pay for services rendered during each pay period within ten days after the close of that period.
     (c) If a payday falls on a Saturday, Sunday, or legal holiday, an employer shall pay wages earned during the pay period on the day preceding the Saturday, Sunday, or legal holiday.
     (d) If an employer hires employees on a yearly salary basis, the employer may pay an employee on a monthly basis by paying on or before the seventh of the month following the month for which services were rendered.
     (e) All wages shall be paid in full to the employee:
     (i) in lawful money of the United States;
     (ii) by checks or drafts on a depository institution, as defined in Section 7-1-103, convertible into cash on demand at full face value; or
     (iii) by electronic transfer to the depository institution designated by the employee.
     (2) A person, firm, corporation, agent, or officer may not issue in payment of wages due or as an advance on wages to be earned for services performed or to be performed within this state any order, check, or draft unless:
     (a) it is negotiable and payable in cash, on demand, without discount, at a depository institution; and
     (b) the name and address of the depository institution appears on the instrument.
     (3) (a) Except as provided in Subsection (3)(b), an employee may refuse to have the employee's wages deposited by electronic transfer under Subsection (1)(e)(iii) by filing a written request with the employer.
     (b) An employee may not refuse to have the employee's wages deposited by electronic transfer under Subsection (3)(a) if:
     (i) for the calendar year preceding the pay-period for which the employee is being paid, the employer's federal employment tax deposits were equal to or in excess of $250,000; and
     (ii) at least two-thirds of the employees of the employer have their wages deposited by electronic transfer.
     (c) An employer may not designate a particular depository institution for the exclusive payment or deposit of a check for wages.
     (4) If any deduction is made from the wages paid, the employer shall, on each regular payday, furnish the employee with a statement showing the total amount of each deduction.
     (5) It is unlawful for an employer to withhold or divert part of an employee's wages unless:
     (a) the employer is required to withhold or divert the wages by:
     (i) court order; or
     (ii) state or federal law;
     (b) the employee expressly authorizes the deduction in writing; or
     (c) the employer presents evidence that in the opinion of the hearing officer or the administrative law judge would warrant an offset.

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     (6) It is unlawful for an employer to require an employee to rebate, refund, offset, or return any part of the wage, salary, or compensation to be paid to the employee except as provided in Subsection (5).
     (7) An employer is not prohibited from pursuing legitimate claims of damages, offsets, or recoupments in a civil action against an employee.

Amended by Chapter 395, 1998 General Session