S.B. 120

This document includes Senate 3^rd Reading Floor Amendments incorporated into the bill on Wed, Feb 12, 2003 at 11:50 AM by rday. -->

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Senate 3^rd Reading Amendments 2-12-2003 rd/po 1

PAYMENT OF WAGES AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Scott K. Jenkins
5 This act modifies provisions in the Labor in General Title related to prohibited
6 retaliation. This act makes technical changes.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 34-28-19, as last amended by Chapter 52, Laws of Utah 1999
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 34-28-19 is amended to read:
12 34-28-19. Retaliation prohibited -- Administrative process -- Enforcement --
13 Rulemaking.
14 (1) (a) An employer violates this chapter if the employer [discharges an employee, or
15 threatens to discharge an employee] takes an action described in Subsection (1)(b) against an
16 employee because:
17 [(a)] (i) the employee [has filed] files a complaint or [testified] testifies in a proceeding
18 relative to the enforcement of this chapter;
19 [(b)] (ii) the employee is [about] going to file a complaint or testify in a proceeding
20 relative to the enforcement of this chapter; or
21 [(c)] (iii) the employer believes that the employee may file a complaint or testify in any
22 proceeding relative to the enforcement of this chapter.
23 (b) Subsection (1)(a) applies to the following actions of an employer:
24 (i) the discharge of an employee;
25 (ii) the demotion of an employee;
26 S [ (iii) the refusal to promote an employee; ] s or
27 S [ (iv) ] (iii) s any other form of retaliation against an employee in the terms, privileges, or

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29 (2) (a) An employee claiming to be aggrieved by an action of the employer in violation
30 of Subsection (1) may file with the division a request for agency action.
31 (b) On receipt of a request for agency action under Subsection (2)(a), the division:
32 (i) shall conduct an adjudicative proceeding pursuant to Title 63, Chapter 46b,
33 Administrative Procedures Act; and
34 (ii) may attempt to reach a settlement between the parties through a settlement
35 conference.
36 (3) If the division determines that a violation has occurred, the division may require the
37 employer to:
38 (a) cease and desist any retaliatory action;
39 (b) compensate the employee, which compensation may not exceed reimbursement for,
40 and payment of, lost wages and benefits to the employee; or
41 (c) do both (3)(a) and (b).
42 (4) The division may enforce this section in accordance with Subsections 34-28-9 (3)
43 and (4).
44 (5) [The] In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
45 Act, the commission shall adopt rules, as required, to implement this section.

Legislative Review Note
as of 1-17-03 4:49 PM

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

Office of Legislative Research and General Counsel