S.B. 163
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7 LONG TITLE
8 General Description:
9 This bill modifies Labor in General provisions to address meal periods.
10 Highlighted Provisions:
11 This bill:
12 . enacts the Employee Break Act, including:
13 . defining terms;
14 . providing for meal periods for public employees;
15 . providing exceptions; and
16 . requiring a public employer to develop a complaint process.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 34-49-101 , Utah Code Annotated 1953
24 34-49-102 , Utah Code Annotated 1953
25 34-49-201 , Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 34-49-101 is enacted to read:
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31 34-49-101. Title.
32 This chapter is known as the "Employee Break Act."
33 Section 2. Section 34-49-102 is enacted to read:
34 34-49-102. Definitions.
35 As used in this chapter:
36 (1) "Emergency responder" means:
37 (a) a law enforcement officer, as defined in Section 53-13-103 ;
38 (b) emergency medical service personnel, as defined in Section 26-8a-102 ; or
39 (c) a firefighter.
40 (2) (a) "Firefighter" means a member, including a volunteer member or member paid
41 on call, of a fire department or other organization that provides fire suppression and other
42 fire-related services of a political subdivision, who is responsible for or is in a capacity that
43 includes responsibility for the extinguishment of fires.
44 (b) "Firefighter" does not include a person whose job description, duties, or
45 responsibilities do not include direct involvement in fire suppression.
46 (3) "Public employee" means a person employed by:
47 (a) the state or an administrative subunit of the state;
48 (b) a state institution of higher education; or
49 (c) a county, a city, a town, a school district, a local district, a special service district, or
50 another political subdivision of the state.
51 (4) "Public employer" means an employer that is:
52 (a) the state or an administrative subunit of the state;
53 (b) a state institution of higher education; or
54 (c) a county, a city, a town, a school district, a local district, a special service district, or
55 another political subdivision of the state.
56 (5) "Work area" means an area in a place of employment where one or more employees
57 are routinely assigned and perform services for their employer.
58 Section 3. Section 34-49-201 is enacted to read:
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60 34-49-201. Public employee meal periods -- Complaint procedures.
61 (1) For every eight hours that a public employee works in a 24-hour period, a public
62 employer shall provide the public employee the opportunity to take an unpaid meal period that:
63 (a) is no less than 30 minutes;
64 (b) occurs no later than five hours after the public employee begins to work an
65 eight-hour period; and
66 (c) allows the public employee to be relieved of all duties and to leave the public
67 employee's work area during the unpaid meal period.
68 (2) A public employee is not required to take a meal period offered in accordance with
69 Subsection (1).
70 (3) This section does not apply to a public employee who is:
71 (a) a minor with more beneficial meal period requirements imposed in accordance with
72 Chapter 23, Employment of Minors; or
73 (b) an emergency responder.
74 (4) A public employer shall establish procedures for receiving, hearing, deciding, and
75 appealing a complaint alleging a violation of this section.
Legislative Review Note
as of 1-28-14 12:48 PM