First Substitute S.B. 163
This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 10, 2014 at 4:35 PM by lpoole. -->
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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
Senate Committee Amendments 3-10-2014 lp/po
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are routinely assigned and perform services for their employer.57
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 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) This section does not apply to a public employee who is:
69 (a) a minor with more beneficial meal period requirements imposed in accordance with
70 Chapter 23, Employment of Minors;
71 (b) an emergency responder;
72 (c) an employee at:
73 (i) a hospital; or
74 (ii) a jail, prison, correctional facility, or other place of involuntary incarceration S. [
75 including a juvenile detention facility
76 (d) a classified school employee;
77 (e) an employee of a utility owned and operated by a political subdivision of the state;
77a S. (f) a juvenile justice services employee who provides direct supervision of minors in
77b custody or in a juvenile justice services program; .S
78 or
79 S. [
79a meal period
80 requirements.
81 (3) A public employer shall establish procedures for receiving complaints alleging a
82 violation of this section.
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