S.B. 138

1

MINIMUM WAGE APPLICABILITY
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Howard A. Stephenson
5 This act modifies the Utah Minimum Wage Act to prohibit cities, towns, and counties from
6 establishing a minimum wage rate that exceeds the federal minimum wage rate. The act
7 prohibits cities, towns, and counties from requiring that a person contracting with the city,
8 town, or county pay its employees a minimum wage that exceeds the federal minimum wage.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 34-30-106, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 34-30-106 is enacted to read:
14 34-30-106. Cities, towns, or counties.
15 (1) A city, town, or county may not establish, mandate, or require a minimum wage that
16 exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards
17 Act of 1938.
18 (2) (a) A city, town, or county may not require that a person who contracts with the city,
19 town, or county pay that person's employees a wage that exceeds the federal minimum wage as
20 provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
21 (b) Subsection (2)(a) does not apply when federal law requires the payment of a prevailing
22 or minimum wage to persons working on projects funded in whole or in part by federal funds.
23 (c) Subsection (2)(a) applies to contracts executed on or after April 30, 2001.

Legislative Review Note
as of 1-19-01 10:19 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel