Utah Code » Title 34, Chapter 28 — Payment of Wages
Utah Code

Utah Code § 34-28-1 (2026)

Public and certain other employments excepted

✓ current as of May 2026
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None of the provisions of this chapter shall apply to the state, or to any county, incorporated city or town, or other political subdivision, or to employers and employees engaged in farm, dairy, agricultural, viticultural or horticultural pursuits or to stock or poultry raising, or to household domestic service, or to any other employment where an agreement exists between employer and employee providing for different terms of payment, except the provisions of Section

34-28-5

shall apply to employers or employees engaged in farm, dairy, agricultural, viticultural, horticultural or stock or poultry raising.

Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 1981–2025 · leading case: Baltimore Harbor Charters, Ltd. v. Ayd, 780 A.2d 303 (Md. 2001).
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Baltimore Harbor Charters, Ltd. v. Ayd, 780 A.2d 303 (Md. 2001). · cites it 2× “See Utah Code Ann. § 34-28-1 (1997)(exclud-ing employees of the state or local governments, and household domestic service from the statutory provision concerning payment of wages at separation from payroll).”
Grimm v. Dxna LLC, 2018 UT App 115 (Utah Ct. App. 2018). · cites it 2× “5 The Utah Payment of Wages Act (the UPWA), see Utah Code Ann. §§ 34-28-1 to -19 (LexisNexis 2015), requires that an employer pay wages owed to an employee within 24 hours of termination, ibr.”
In re Gen. Aeronautics Corp., 594 B.R. 442 (Bankr. D. Utah 2018). · cites it 2× “§ 34-28-3 (6)(b)'s requirement that an employee must authorize the withholding of wages in writing applies to officers and to future income; and second, whether Utah Code Ann. § 34-28-1 et seq. precludes Carron, Parry, and Nadauld from asserting claims in excess of the amounts…”
Smith v. Batchelor, 934 P.2d 643 (Utah 1997). · cites it 2× “§§ 201-19 (“FLSA”), and the Utah Payment of Wages Act, Utah Code Ann. §§ 34-28-1 to -19 (“UPWA”), on the basis of Movie Buffs’ failure to pay back wages and overtime compensation.”
Action Elec. Co. v. Indus. Comm'n, 636 P.2d 474 (Utah 1981). “” (§ 34-28-1). Violation of the wage payment legislation is punishable as a misdemeanor (§ 34-28— 12).”
Flink v. Renaissance Academy (D. Utah 2022). · cites it 5× “Her fourth claim is for termination in retaliation for exercising her First Amendment rights. The Defendants move to dismiss these claims under Federal Rule of Civil Procedure 12(b)(6), and they also invoke Rule 12(b)(1) for the second claim.”
Cornelius v. Oracle Am., Inc. (D. Utah 2025). · cites it 3× “Plaintiff then goes beyond those three statutes and, though not clear from the Amended Complaint, states in the response to the Motion that his claims are also asserted under the Utah Payment of Wages Act (UPWA), Utah Code Ann. §§ 34-28-1 , et seq., the Utah Antidiscrimination…”
Ennis v. Alder Prot. Holdings (D. Utah 2025). · cites it 2× “(“FLSA”); (2) violation of Utah’s Payment of Wages Act, Utah Code § 34-28-1 et seq.; (3) breach of contract; (4) breach of the implied covenant of good faith and fair dealing; (5) violation of the Utah Sales Representative Commission Payment Act, Utah Code § 34-44-101, et seq.”
Hull v. ConvergeOne, Inc. (D. Minnesota 2021). “Relying on Action Electric and the language of Utah Code § 34-28-1, the court found that provisions of the UPWA do not apply to employers and employees with agreements in place for the payment of wages.”
Scholzen v. Scholzen Prods. Co. (D. Utah 2020). “§ 34-28-1, et seq. (“UPWA”); (c) the four (4) year period on verbal contracts under U.”
Olmstead v. Cottonwood Creek Agency (D. Utah 2025). “§ 34-28-1 states that it does not apply “where an agreement exists between employer and employee providing for different terms of payment.”
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