02-21 16:40 H.B. 544
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Worker Protection Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies the Utah Labor Code.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ prohibits an employer from compelling an employee to attend a meeting or listen to
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communication of an employer's opinion about a religious or political matter;
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▸ provides exceptions to the prohibition;
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▸ provides a remedy for an employee who is compelled to attend a meeting or listen to
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communication of an employer's opinion about a religious or political matter;
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▸ requires an employer to:
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● implement heat risk precautions and cold risk precautions;
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● implement recordkeeping requirements pertaining to heat stoke, hypothermia,
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frostbite, or temperature-related fatalities;
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● notify employees with a written description of quotas, adverse actions that may result
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for failing to obtain a quota, and incentives for meeting a quota;
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● provide data pertaining to quotas to a requesting employee;
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● implement recordkeeping requirements pertaining to quotas; and
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● maintain a workplace safety program for managing risks related to the temperature of
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the worksite;
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▸ provides standards for tracking quotas;
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▸ prohibits retaliation against an employee who requests records or files a complaint with
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the Labor Commission (commission); and
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▸ provides for commission enforcement.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
H.B. 544 H.B. 544 02-21 16:40
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None
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Utah Code Sections Affected:
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ENACTS:
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34A-5-116, Utah Code Annotated 1953
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34A-7-301, Utah Code Annotated 1953
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34A-7-302, Utah Code Annotated 1953
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34A-7-303, Utah Code Annotated 1953
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34A-7-304, Utah Code Annotated 1953
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34A-7-305, Utah Code Annotated 1953
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34A-7-306, Utah Code Annotated 1953
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34A-7-307, Utah Code Annotated 1953
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34A-12-101, Utah Code Annotated 1953
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34A-12-102, Utah Code Annotated 1953
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34A-12-103, Utah Code Annotated 1953
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34A-12-104, Utah Code Annotated 1953
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34A-12-105, Utah Code Annotated 1953
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34A-12-106, 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-5-116 is enacted to read:
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34A-5-116 . Restriction on employer communication about religious or political
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matter.
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(1) As used in this chapter:
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(a) "Employer" means a person that currently employs:
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(i) 100 or more employees in a single warehouse distribution center; or
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(ii) 500 or more employees in one or more warehouse distribution centers.
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(b) "Warehouse distribution center" means an establishment the 2017 North American
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Industry Classification System of the federal Executive Office of the President,
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Office of Management and Budget, classifies as one of the following:
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(i) NAICS Industry Group 4931, Warehousing and Storage;
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(ii) NAICS Subsector 423, Merchant Wholesalers, Durable Goods;
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(iii) NAICS Code 454110, Electronic Shopping and Mail-Order Houses; or
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(iv) NAICS Code 492110, Couriers and Express Delivery Services.
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(2) Except as provided in Subsection (5), an employer may not compel an employee to
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attend a meeting or listen to communication regarding the employer's opinion about a
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religious or political matter.
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(3)(a) An employee may bring a civil action to enforce this section within 120 days after
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the day on which the alleged violation occurred.
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(b) An employee may file an action in a court with jurisdiction:
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(i) where the alleged violation occurred; or
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(ii) where the principal office of the employer is located.
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(4)(a) An employer that violates this section is liable to the employee for any appropriate
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relief.
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(b) The court shall award a prevailing employee reasonable attorney fees and costs.
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(5) Nothing in this section prohibits:
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(a) an employer from communicating information that law requires the employer to
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communicate; or
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(b) an employer from communicating information that is necessary for the employee to
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perform the employee's job duties.
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(6) An employer subject to this section shall post and keep posted a notice of employee
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rights under this section where the employer customarily posts employee notices.
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Section 2. Section 34A-7-301 is enacted to read:
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Part 3. Warehouse Worker Temperature Protections
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34A-7-301 . Definitions.
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As used in this chapter:
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(1) "Cold-risk temperature" means a temperature below the temperature range the employer
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establishes when an employee's risk of hypothermia or frostbite increases.
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(2) "Degrees" means the unit of measurement for temperature on the Fahrenheit scale.
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(3) "Employer" means a person that currently employs:
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(a) 100 or more employees in a single warehouse distribution center; or
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(b) 500 or more employees in one or more warehouse distribution centers.
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(4) "Heat-risk temperature" means a temperature above the temperature range the employer
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establishes when an employee's risk of heat stroke increases.
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(5) "Warehouse distribution center" means an establishment the 2017 North American
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Industry Classification System of the federal Executive Office of the President, Office of
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Management and Budget, classifies as one of the following:
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(a) NAICS Industry Group 4931, Warehousing and Storage;
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(b) NAICS Subsector 423, Merchant Wholesalers, Durable Goods;
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(c) NAICS Code 454110, Electronic Shopping and Mail-Order Houses; or
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(d) NAICS Code 492110, Couriers and Express Delivery Services.
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(6) "Work vehicle" means a vehicle the employer owns or leases that an employee uses for
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business purposes.
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(7) "Worksite" means a warehouse distribution center or work vehicle.
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Section 3. Section 34A-7-302 is enacted to read:
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34A-7-302 . Workplace safety program.
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(1) An employer shall:
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(a) develop a written program for managing cold-risk temperature and heat-risk
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temperature for the employer's worksite;
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(b) make the written program available to all employees upon request;
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(c) review and update the written program at least biannually;
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(d) include the date each version of the written program is implemented;
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(e) discuss the plan with new employees;
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(f) discuss the plan with existing employees biannually; and
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(g) place a thermometer in a location visible to employees in each worksite as a part of
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implementing the plan.
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(2) A written program shall;
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(a) identify a temperature range the employer establishes for the safety of the employees;
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(b) identify work processes and other factors specific to the worksite that increase the
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likelihood of heat stoke, hypothermia, or frostbite; and
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(c) include emergency response plans, procedures, and worksite contacts in the event of
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heat stoke, hypothermia, frostbite, or a temperature related fatality.
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Section 4. Section 34A-7-303 is enacted to read:
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34A-7-303 . Heat-risk temperature precautions.
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(1)(a) When a worksite is at a heat-risk temperature, an employer shall implement
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safeguards to reduce the risk of heat stroke.
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(b) Heat-risk temperature safeguards include:
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(i) rotating employees to provide sufficient breaks;
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(ii) adjusting work schedules to ensure that work occurs during cooler parts of the
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day;
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(iii) adjusting work locations to avoid direct sunlight;
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(iv) reducing work intensity or speed;
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(v) reducing work hours;
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(vi) isolating employees from hot processes or other sources of heat; and
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(vii) using air conditioning, cooling fans, or natural ventilation.
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(c)(i) An employer may provide personal protective equipment to employees to
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reduce heat stroke.
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(ii) An employer that provides personal protective equipment to employees is not
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exempt from the requirement described in this Subsection (1).
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(2)(a) When a worksite temperature is above the heat-risk temperature:
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(i)(A) by fewer than 10 degrees, an employer shall provide an employee a
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minimum of 10 minutes of preventative rest for every two hours worked; and
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(B) by 10 degrees or more, an employer shall provide an employee a minimum of
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10 minutes of preventative rest for every one hour worked; and
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(ii) an employer shall provide adequate access to drinking water at the worksite and
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in a designated rest location.
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(b) The employer shall pay the employee at the employee's regular rate of pay for rest
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periods.
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(c) The employer shall provide the drinking water supplied in accordance with
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Subsection (2)(a)(ii) at no more than 75 degrees and shall supply a minimum of one
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quart of water per employee per hour.
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(3) An employer shall provide a work vehicle with adequate cooling to ensure that the
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temperature remains below a heat-risk temperature to an employee whose job requires
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more than 60 minutes per day in a vehicle.
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Section 5. Section 34A-7-304 is enacted to read:
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34A-7-304 . Cold-risk temperature precautions.
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(1)(a) When a worksite is at a cold-risk temperature, an employer shall implement
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safeguards to reduce the risk of hypothermia and frostbite.
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(b) Cold-risk safeguards include:
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(i) rotating employees to provide sufficient breaks;
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(ii) adjusting work schedules to ensure that work occurs during warmer parts of the
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day;
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(iii) reducing work hours;
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(iv) isolating employees from cold processes or other sources of cold; and
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(v) using heating systems.
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(c)(i) An employer may provide personal protective equipment to employees to
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reduce hypothermia and frostbite.
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(ii) An employer that provides personal protective equipment to employees is not
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exempt from the requirement described in this Subsection (1).
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(2)(a) When the worksite temperatures are below the cold-risk temperature:
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(i)(A) by fewer than 10 degrees, an employer shall provide an employee a
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minimum of 10 minutes of preventative rest for every two hours worked; and
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(B) by 10 degrees or more, an employer shall provide an employee a minimum of
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10 minutes of preventative rest for every one hour worked; and
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(ii) the employer shall pay the employee at the employee's regular rate of pay for rest
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periods.
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(b) An employer shall provide adequate access to a warm beverage in a designated rest
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location.
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(3) An employer shall provide a work vehicle with adequate heating to ensure that the
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temperature remains above a cold-risk temperature to an employee whose job requires
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more than 60 minutes per day in a vehicle.
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Section 6. Section 34A-7-305 is enacted to read:
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34A-7-305 . Recordkeeping.
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(1) An employer shall establish and maintain records containing:
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(a) reported instances of heat stoke, hypothermia, or frostbite;
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(b) temperature-related fatalities; and
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(c) a copy of each version of the written program described in Section 34A-7-302.
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(2) An employer shall keep records for no less than three years.
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(3) An employer shall provide, upon request, an employee or former employee a copy of
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the records:
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(a) described in Subsection (1);
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(b) at no cost to the employee; and
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(c) no more than seven business days after the day on which the employer receives the
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request.
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Section 7. Section 34A-7-306 is enacted to read:
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34A-7-306 . Enforcement.
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(1)(a) Employees may submit complaints about an employer's compliance with this
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chapter to the commission.
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(b) The commission shall keep a record of complaints the commission receives alleging
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a violation of this chapter and the number of enforcement actions the commission
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takes in response to the complaints.
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(c) On or before September 30 of each year, the commissioner shall file an electronic
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report to the Business and Labor Interim Committee on the number of complaints the
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commission receives alleging a violation of this chapter and the number of
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enforcement actions the commission takes in response to the complaints.
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(2) The commission may issue penalties for a violation of this chapter in accordance with
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Subsection 34A-6-306(1).
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(3) An employee or former employee may bring an action against an employer alleging a
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violation of this chapter.
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(4) A court shall award costs and attorney fees in addition to any injunctive relief in a
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successful action the commissioner, an employee, or a former employee brings.
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(5) A court shall award damages equal to the greater of $10,000 or treble damages to the
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employee or former employee in a successful action alleging violation of Section
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34A-7-307.
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Section 8. Section 34A-7-307 is enacted to read:
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34A-7-307 . Anti-retaliation.
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(1) An employer may not take an adverse action against an employee based on:
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(a) an employee's decision to request information about records under Section 34A-7-305;
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or
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(b) an employee's decision to file a complaint with the commission.
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(2)(a) If an employer takes an adverse action against an employee within 90 days after
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the day on which the employee requests records or files a complaint with the
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commission, the adverse action creates a rebuttable presumption that the adverse
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action was based on the employee's action.
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(b) The employer may rebut the presumption by clear and convincing evidence that:
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(i) the action was taken for other reasons; and
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(ii) the employee's action was not a motivating factor in the employer's decision.
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Section 9. Section 34A-12-101 is enacted to read:
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CHAPTER 12. Warehouse Employee Quota Standards
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34A-12-101 . Definitions.
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As used in this chapter:
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(1) "Employer" means a person that currently employs:
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(a) 100 or more employees in a single warehouse distribution center; or
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(b) 500 or more employees in one or more warehouse distribution centers.
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(2) "Quota" means a performance standard or a performance target under which an
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employee's performance is measured using work speed data.
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(3) "Warehouse distribution center" means an establishment the 2017 North American
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Industry Classification System of the federal Executive Office of the President, Office of
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Management and Budget, classifies as one of the following:
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(a) NAICS Industry Group 4931, Warehousing and Storage;
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(b) NAICS Subsector 423, Merchant Wholesalers, Durable Goods;
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(c) NAICS Code 454110, Electronic Shopping and Mail-Order Houses; or
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(d) NAICS Code 492110, Couriers and Express Delivery Services.
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(4)(a) "Work speed data" means information an employer collects, stores, analyzes, or
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interprets relating to an individual employee's performance.
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(b) "Work speed data" includes:
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(i) quantity of tasks performed;
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(ii) quantity of items or materials handled or produced;
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(iii) rate or speed of tasks performed;
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(iv) metric of employee performance; and
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(v) time categorized as performing tasks or not performing tasks.
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Section 10. Section 34A-12-102 is enacted to read:
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34A-12-102 . Notification of quotas.
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(1) An employer shall provide to an employee a written description of:
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(a) each quota to which the employee is subject;
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(b) adverse employment actions that may result from failure to meet the quota; and
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(c) incentives or bonuses that may result from meeting or exceeding the quota.
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(2) If an employer modifies an existing quota, the employer shall provide to each employee
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affected by the change oral and written notice of the change at least two business days
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before the new quota takes effect.
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(3) An employer may not take an adverse action against an employee that is based on the
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employee's failure to meet a quota that the employer did not disclose to the employee in
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accordance with this section.
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(4) An employer shall provide a written description of quotas in plain language and in the
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employee's preferred language.
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Section 11. Section 34A-12-103 is enacted to read:
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34A-12-103 . Employee protections.
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(1) If an employer takes an adverse action against an employee based on the employee's
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failure to meet a quota, the employer shall provide the employee:
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(a) a written description of the quota; and
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(b) the employee's work speed data used to evaluate the employee's performance of the
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quota.
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(2) An employer may not take an adverse action against an employee based at least in part
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on the employee's failure to meet a quota that:
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(a) measures an employee's total output over an increment of time shorter than one day;
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(b) measures an employee's performance over a period of time that includes rest breaks,
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meal breaks, or bathroom breaks;
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(c) measures and categorizes an employee's time as either time performing work-related
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tasks or time not performing work-related tasks; or
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(d) ranks the employee's performance against the performance of other employees.
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Section 12. Section 34A-12-104 is enacted to read:
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34A-12-104 . Recordkeeping requirement.
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(1) An employer shall establish and maintain records containing:
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(a) each employee's work speed data;
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(b) aggregated work speed data for employees at the same worksite; and
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(c) the written description of each quota provided to an employee as required in Section
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34A-12-102.
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(2) An employer shall keep records for no less than three years.
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(3) An employer shall provide, upon request, an employee or former employee a copy of
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the records:
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(a) described in Subsection (1);
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(b) at no cost to the employee;
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(c) related to a written description of a quota no more than two business days after the
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day on which the employer receives the request; and
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(d) related to the employee's work speed data or aggregated work speed data no more
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than seven business days after the day on which the employer receives the request.
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Section 13. Section 34A-12-105 is enacted to read:
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34A-12-105 . Enforcement.
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(1)(a) Employees may submit complaints about an employer's compliance with this
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chapter to the commission.
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(b) The commission shall keep a record of complaints the commission receives alleging
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a violation of this chapter and the number of enforcement actions the commission
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takes in response to the complaints.
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(c) On or before September 30 of each year, the commissioner shall file an electronic
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report to the Business and Labor Interim Committee on the number of complaints the
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commission receives alleging a violation of this chapter and the number of
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enforcement actions the commission takes in response to the complaints.
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(2) The commission may issue penalties for a violation of this chapter in accordance with
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Subsection 34A-6-307(1).
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(3) If the commissioner finds than an employer violated a provision of this chapter, the
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commissioner shall order the employer to post a notice in the employer's workplace
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regarding workers' rights under this chapter.
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(a) The notice shall include:
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(i) a description of what constitutes a permissible quota;
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(ii) an employee's rights to request work speed information; and
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(iii) an employee's rights to file a complaint with the commission.
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(4) An employee or former employee may bring an action against an employer alleging a
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violation of this chapter.
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(5) A court shall award costs and attorney fees in addition to any injunctive relief in a
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successful action the commissioner, an employee, or a former employee brings.
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(6) A court shall award costs and attorney fees in addition to any injunctive relief in a
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successful action the commissioner, an employee, or a former employee, brings.
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(7) In a successful action alleging violations of Section 34A-12-102 or 34A-12-103, a court
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shall limit the injunctive relief to suspension of the quota and restitution to address any
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adverse action taken in relation to enforcement of the quota.
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(8) A court shall award damages equal to the greater of $10,000 or treble damages to the
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employee or former employee in a successful action alleging violation of Section
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34A-12-106.
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Section 14. Section 34A-12-106 is enacted to read:
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34A-12-106 . Anti-retaliation.
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(1) An employer may not take an adverse action against an employee based on:
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(a) an employee's decision to request information about records under Section
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34A-12-104; or
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(b) an employee's decision to file a complaint with the commission.
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(2)(a) If an employer takes an adverse action against an employee within 90 days after
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the day on which the employee requests records or files a complaint with the
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commission, the adverse action creates a rebuttable presumption that the adverse
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action was based on the employee's action.
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(b) The employer may rebut the presumption by clear and convincing evidence that:
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(i) the action was taken for other reasons; and
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(ii) the employee's action was not a motivating factor in the employer's decision.
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Section 15. Effective Date.
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This bill takes effect on May 7, 2025.
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