02-10 15:29 H.B. 467
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Dependent Workers
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses protections for dependent workers.
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Highlighted Provisions:
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This bill:
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▸ defines terms; and
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▸ establishes benefits and protections for dependent workers.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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34A-12-101, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 34A-12-101 is enacted to read:
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CHAPTER 12. DEPENDENT WORKER ACT
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Part 1. Dependent Worker Act
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34A-12-101 . Dependent worker act.
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(1) As used in this section:
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(a) "Dependent worker" means a worker that:
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(i) typically works at least 30 hours per week for the same employer;
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(ii) does not employ another individual to assist in the dependent worker's work for
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the employer;
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(iii) is in the same course of business or trade as the employer;
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(iv) provides the majority of the worker's own tools or instrumentalities of
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production, excluding:
H.B. 467 H.B. 467 02-10 15:29
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(A) a software application;
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(B) a phone; or
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(C) a computer;
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(v) does not utilize a special or unique skill in completing work for the employer;
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(vi) works for an employer that has 15 or more workers; and
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(vii) is not a volunteer.
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(b)(i) "Special or unique skill" means a skill that requires:
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(A) a license;
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(B) an educational degree or certificate related to the type of work; or
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(C) significant training related to the type of work.
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(ii) A license described in Subsection (1)(b)(i) does not include a class D driver
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license or a business license.
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(c) "Wages" means the same as that term is defined in Section 34-28-2.
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(d) "Worker" means a person in the service of any employer, as defined in Section
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34A-2-103, who employs one or more workers or operatives regularly in the same
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business, or in or about the same establishment.
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(2) A dependent worker is entitled to the protections and rights afforded an employee under:
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(a) 29 U.S.C. Secs. 206 and 207, the Fair Labor Standards Act of 1938;
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(b) Title 34, Chapter 28, Payment of Wages;
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(c) Chapter 2, Workers' Compensation Act;
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(d) Chapter 3, Utah Occupational Disease Act;
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(e) Chapter 5, Utah Antidiscrimination Act; and
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(f) Title 35A, Chapter 4, Employment Security Act.
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(3) A dependent worker has a private right of action for a violation of a statute described in
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Subsection (2).
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(4) Nothing in this section creates a new federal remedy for a dependent worker.
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(5) Nothing in this section eliminates any rights, privileges, or claims a dependent worker
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may be entitled to under state or federal law.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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