S.B. 233

1

BLACKLISTING AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Allen M. Christensen
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions related to Labor In General to address blacklisting.
9 Highlighted Provisions:
10 This bill:
11 . defines terms;
12 . modifies language prohibiting blacklisting;
13 . modifies criminal provisions related to blacklisting;
14 . provides for actual and punitive damages in a private right of action for blacklisting;
15 and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 34-24-1, as enacted by Chapter 85, Laws of Utah 1969
24 34-24-2, as enacted by Chapter 85, Laws of Utah 1969
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 34-24-1 is amended to read:

28 34-24-1. Blacklisting employees prohibited.
29 (1) As used in this chapter:
30 (a) "Employee" means any person who performs a service for wages or other
31 remuneration under a contract for hire, written or oral, express or implied.
32 (b) "Former employee" means an employee that:
33 (i) is discharged by a person; or
34 (ii) voluntarily leaves the service of any person.
35 (c) "Publish" means the communication of information to any one or more persons:
36 (i) orally:
37 (A) in person;
38 (B) by telephone, radio, or television; or
39 (C) electronic means; or
40 (ii) in a writing of any kind.
41 [No] (2) A person [shall] may not blacklist or publish information related to a former
42 employee, or cause to be published or blacklisted[,] information related to any former
43 employee [discharged or voluntarily leaving the service of any person, company or corporation]
44 with intent and for the purpose of preventing [such] the former employee from engaging in or
45 securing similar or other employment from any other person[, company or corporation].
46 Section 2. Section 34-24-2 is amended to read:
47 34-24-2. Violation -- Penalty.
48 [If any person] (1) A person violates this chapter if that person:
49 (a) blacklists or publishes information related to any former employee, or causes to be
50 blacklisted or published[,] information related to any former employee [discharged by any
51 corporation, company or individual,] with the intent and for the purpose of preventing [such]
52 the former employee from engaging in or securing similar or other employment from any other
53 [corporation, company or individual,] person; or [shall]
54 (b) in any manner [conspire or contrive] conspires or contrives by correspondence or
55 otherwise to prevent [such discharged] the former employee from securing employment[, such
56 person].
57 (2) A person that violates this chapter:
58 (a) is guilty of a [felony and shall be fined not less than $55 nor more than $1000 and

59 imprisoned in the state prison not less than sixty days nor more than one year.] class B
60 misdemeanor; and
61 (b) is liable to the former employee for actual and punitive damages to be recovered by
62 the former employee in a civil action filed in a court of competent jurisdiction.




Legislative Review Note
as of 2-8-05 8:55 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel