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Summary of differences between federal and state regulations
Federal regulations restrict the types of deductions that can be made from an employee’s wages or salary. Deductions can be made in certain cases, but the legality often depends on the nature and purpose of the deductions, as well as the status of the employee as exempt or non-exempt.
The Utah Labor Rules provide the criteria under which certain deductions may be made from an employee’s wages. In most cases an employee’s signature is required.
Employers may only make deductions that are authorized by law, court order, the employee’s written authorization, by order of a hearing officer or administrative law judge, or for contributions to retirement plans (such as 401(k) plans).
State regulations formerly prohibited employers from making employees purchase uniforms that are required as a condition of employment, but the state repealed that rule in April of 2012.
Deductions may be made for taxes, insurance, dues to a labor or employer-related organization, to financial institutions, for payment of goods or services by the employee from the employer, deductions made for damages because of the employee’s negligence, as a repayment of an advance or loan made by the employer to the employee, to compensate the employer for loss or damage as a result of the employee’s criminal conduct by the employee’s admission, for cash shortages, and sums deducted as payment for goods, tools, or equipment purchased from the employer.
An employee may authorize the employer in writing to deduct union dues from wages not to exceed three percent per month. The employer will cease the deduction upon the employee’s written authorization to that effect.
It is unlawful for an employer to deduct the cost of a medical exam required by the employer from an employee’s wages.
An employer can not deduct from an employee’s wages to pay any portion of the employer’s required contribution for workers’ compensation or for unemployment compensation.
State
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Regulations
Utah Code Title 34, Chapter 28, §34-28-3. Regular paydays -- Currency or negotiable checks required -- Deposit in financial institution -- Statement of total deductions -- Unlawful withholding or diversion of wages
http://le.utah.gov/xcode/Title34/Chapter28/34-28-S3.html?v=C34-28-S3_2014040320140513
Utah Administrative Code R610-3-18, Deductions and offsets
http://www.rules.utah.gov/publicat/code/r610/r610-003.htm
Utah Code Title 34, Chapter 33, §34-33-1. Unlawful for employer to charge employee medical examination fee
http://le.utah.gov/xcode/Title34/Chapter33/34-33-S1.html?v=C34-33-S1_1800010118000101
Utah Code Title 34, Chapter 32, §34-32-1. Assignments to labor unions – Effect
http://le.utah.gov/xcode/Title34/Chapter32/34-32-S1.html?v=C34-32-S1_1800010118000101
Utah Code Title 35A, Chapter 4, §35A-4-103. Void agreements -- Child support obligations – Penalties
http://le.utah.gov/xcode/Title35A/Chapter4/35A-4-S103.html?v=C35A-4-S103_1800010118000101
Utah Code Title 34A, Chapter 2, §34A-2-108. Void agreements between employers and employees
http://le.utah.gov/xcode/Title34A/Chapter2/34A-2-S108.html?v=C34A-2-S108_1800010118000101
Federal
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Regulations
For non-exempt employees:
29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938
For exempt employees:
29 CFR Part 541, Subpart G, Salary Requirements