Federal & State Regulations | Employment contracts - Utah

State Info

Summary of differences between federal and state regulations

Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

Utah law has a similar provision to federal concerning union membership. There are additional provisions regarding employment contracts.

Union membership

An employer may not require an employee to enter into a contract that requires union membership or non-membership as a condition of employment. §§34-34-7 through 34-34-9 and §34-34-15

Rights to inventions

A contract of employment that compels an employee to assign rights to the employer of an invention that was created by the employee on his own time and is not an employment invention is unenforceable. §34-39-3

Waiver of rights

An employee can not be required to enter into an agreement to waive his or her rights to workers’ compensation benefits, nor agree to pay any portion of the employer’s required contribution. §34A-2-108

An employee can not be required to enter into an agreement to waive his or her rights to unemployment compensation benefits, nor agree to pay any portion of the employer’s required contribution. §35A-4-103