Utah Code

Utah Code § 34A-2-104 (2026)

"Employee," "worker," and "operative" defined -- Specific circumstances -- Exemptions

✓ current as of May 2026

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As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee," "worker," and "operative" mean:

an elective or appointive officer and any other person:

in the service of:

the state;

a county, city, or town within the state; or

a school district within the state;

serving the state, or any county, city, town, or school district under:

an election;

appointment; or

any contract of hire, express or implied, written or oral; and

including:

an officer or employee of the state institutions of learning; and

a member of the Utah National Guard or Utah State Defense Force while on state active duty; and

a person in the service of any employer, as defined in Section 34A-2-103, who employs one or more workers or operatives regularly in the same business, or in or about the same establishment:

under any contract of hire:

express or implied; and

oral or written;

including aliens and minors, whether legally or illegally working for hire; and

not including any person whose employment:

is casual; and

not in the usual course of the trade, business, or occupation of the employee's employer.

Unless a lessee provides coverage as an employer under this chapter and Chapter 3, Utah Occupational Disease Act, any lessee in mines or of mining property and each employee and sublessee of the lessee shall be:

covered for compensation by the lessor under this chapter and Chapter 3, Utah Occupational Disease Act;

subject to this chapter and Chapter 3, Utah Occupational Disease Act; and

entitled to the benefits of this chapter and Chapter 3, Utah Occupational Disease Act, to the same extent as if the lessee, employee, or sublessee were employees of the lessor drawing the wages paid employees for substantially similar work.

The lessor may deduct from the proceeds of ores mined by the lessees an amount equal to the insurance premium for that type of work.

Except as provided in Subsection (3)(b), a partnership or sole proprietorship may elect to include any partner of the partnership or owner of the sole proprietorship as an employee of the partnership or sole proprietorship under this chapter and Chapter 3, Utah Occupational Disease Act.

If a partnership or sole proprietorship makes an election under Subsection (3)(a), the partnership or sole proprietorship shall serve written notice upon its insurance carrier naming the persons to be covered.

A partner of a partnership or owner of a sole proprietorship may not be considered an employee of the partner's partnership or the owner's sole proprietorship under this chapter or Chapter 3, Utah Occupational Disease Act, until the notice described in Subsection (3)(a)(ii) is given.

For premium rate making, the insurance carrier shall assume the salary or wage of the partner or sole proprietor electing coverage under Subsection (3)(a)(i) to be 100% of the state's average weekly wage.

A partner of a partnership or an owner of a sole proprietorship is an employee of the partnership or sole proprietorship under this chapter and Chapter 3, Utah Occupational Disease Act, if:

the partnership or sole proprietorship:

is a motor carrier; and

employs at least one individual who is not a partner or an owner; and

the partner or owner personally operates a motor vehicle for the motor carrier.

Except as provided in Subsection (4)(g), a corporation may elect not to include any director or officer of the corporation as an employee under this chapter and Chapter 3, Utah Occupational Disease Act.

If a corporation makes an election under Subsection (4)(a), the corporation shall serve written notice naming the individuals who are directors or officers to be excluded from coverage:

upon its insurance carrier, if any; or

upon the commission if the corporation is self-insured or has no employee other than the one or more directors or officers being excluded.

A corporation may exclude no more than five individuals who are directors or officers under Subsection (4)(b)(ii).

An exclusion under this Subsection (4) is subject to Subsection 34A-2-103(7)(d).

A director or officer of a corporation is considered an employee under this chapter and Chapter 3, Utah Occupational Disease Act, until the notice described in Subsection (4)(b) is given.

The commission may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the form of the notice described in Subsection (4)(b)(ii), including a requirement to provide documentation, if any.

Subsection (4)(a) does not apply to a director or an officer of a motor carrier if the director or officer personally operates a motor vehicle for the motor carrier.

As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee," "worker," and "operative" do not include:

a sales agent or associate broker, as defined in Section 61-2f-102, who performs services in that capacity for a principal broker if:

substantially all of the sales agent's or associate broker's income for services is from real estate commissions; and

the sales agent's or associate broker's services are performed under a written contract that provides that:

the real estate agent is an independent contractor; and

the sales agent or associate broker is not to be treated as an employee for federal income tax purposes;

an offender performing labor under Section 64-13-16 or 64-13-19, except as required by federal statute or regulation;

an individual who for an insurance producer, as defined in Section 31A-1-301, solicits, negotiates, places, or procures insurance if:

substantially all of the individual's income from those services is from insurance commissions; and

the services of the individual are performed under a written contract that states that the individual:

is an independent contractor;

is not to be treated as an employee for federal income tax purposes; and

can derive income from more than one insurance company; or

subject to Subsections (6), (7), and (8), an individual who:

owns a motor vehicle; or

leases a motor vehicle to a motor carrier;

personally operates the motor vehicle described in Subsection (5)(d)(i);

operates the motor vehicle described in Subsection (5)(d)(i) under a written agreement with the motor carrier that states that the individual operates the motor vehicle as an independent contractor; and

provides to the motor carrier at the time the written agreement described in Subsection (5)(d)(iii) is executed or as soon after the execution as provided by the commission, a copy of a workers' compensation coverage waiver issued pursuant to Part 10, Workers' Compensation Coverage Waivers Act, to the individual; and

provides to the motor carrier at the time the written agreement described in Subsection (5)(d)(iii) is executed or as soon after the execution as provided by an insurer, proof that the individual is covered by occupational accident related insurance with the coverage and benefit limits listed in Subsection (7)(c).

An individual described in Subsection (5)(d) may become an employee under this chapter and Chapter 3, Utah Occupational Disease Act, if the employer of the individual complies with:

this chapter and Chapter 3, Utah Occupational Disease Act; and

commission rules.

As used in this section:

"Motor carrier" means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state.

"Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle.

"Occupational accident related insurance" means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii):

disability benefits;

death benefits; and

medical expense benefits, which include:

hospital coverage;

surgical coverage;

prescription drug coverage; and

dental coverage.

For an individual described in Subsection (5)(d):

if the individual is not covered by a workers' compensation policy, the individual shall obtain:

occupational accident related insurance; and

a waiver in accordance with Part 10, Workers' Compensation Coverage Waivers Act; and

the commission shall verify the existence of occupational accident insurance coverage with the coverage and benefit limits listed in Subsection (7)(c) before the commission may issue a workers' compensation coverage waiver to the individual pursuant to Part 10, Workers' Compensation Coverage Waivers Act.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1998–2025 · leading case: U.S.A. United Staffing All., LLC v. Worker's Comp. Fund, 2009 UT App 160 (Utah Ct. App. 2009).

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U.S.A. United Staffing All., LLC v. Worker's Comp. Fund, 2009 UT App 160 (Utah Ct. App. 2009). · cites it 6× “The trial court thus correctly ruled that "Utah Code Annotated § 34A-2-104[ (4) ] sets forth the procedure to exelude corporate officer exclusions and that said procedure was not followed [by USA].”

Olsen v. Samuel McIntyre Inv. Co., 956 P.2d 257 (Utah 1998). · cites it 4× “The legislature has since renumbered section 35-1-43; it is now located at section 34A-2-104 of the Utah Code. 2 . This provision is now found at section 34A-2-414 of the Utah Code.”

Utah Home Fire Ins. Co. v. Manning, 1999 UT 77 (Utah 1999). · cites it 4× “[3] This provision is now found at Utah Code Ann. § 34A-2-106(1) to -106(4) (1997).”

Young v. Npas, Inc., 361 F. Supp. 3d 1171 (D. Utah 2019). · cites it 2× “" Utah Code Ann. § 34A-2-104 A school district is an "employer" under this statute.”

Rueda v. Utah Labor Comm'n, 2017 UT 58 (Utah 2017). · cites it 2× “" It provides that "[a]n employee described in Section 34A-2-104 who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of the employee's employment, wherever such injury occurred, if the accident was not purposely…”

Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). · cites it 5× “§ 34A-2-104(4)(a) as allowed by subsection 4(a).”

Stamper v. Johnson, 2010 UT 26 (Utah 2010). · cites it 2× “” Utah Code Ann. § 34A-2-104(l)(b)(i). In general, a person is considered an employee if she is “ ‘hired and paid a salary, a wage, or at a fixed rate, to perform the employer’s work as directed by the employer and who is subject to a comparatively high degree of control in…”

Brown v. Williams, 2017 UT App 29 (Utah Ct. App. 2017). · cites it 2× “Although Brown and Williams were federal employees and are not considered to be employees under section 34A-2-104 of the Utah Workers' Compensation Act, "[b]y bringing a negligence action in state court, [Brown] must present a claim under Utah law and is subject to the…”

Johnson Bros. Constr. v. Labor Comm'n, 967 P.2d 1258 (Utah Ct. App. 1998). · cites it 4× “Section 34A-2-104 of the Utah Workers’ Compensation Act defines an employee as each person in the service of any employer .”

Jensen Tech Servs. v. Labor Comm'n, 2022 UT App 18 (Utah Ct. App. 2022). “§ 34A-2-104(1)(b). ¶13 On the other hand, an “[i]ndependent contractor” means any person engaged in the performance of any work for another who, while so engaged, is: (A) independent of the employer in all that pertains to the execution of the work; (B) not subject to the…”

Smith's Food & Drug, Inc. v. Labor Comm'n, 2011 UT App 67 (Utah Ct. App. 2011). “§ 34A-2-104(1). "When the Legislature has granted an agency discretion to determine an issue, we review the agency's action for reasonableness.”

Colvin v. Giguere, 2014 UT 23 (Utah 2014). “§ 34A-2-104(1)(b) (defining "employee" as "a person in the service of any employer .”

Show all 14 citing cases →

— Utah Code § 34A-2-104(1) — 1 case

— Utah Code § 34A-2-104(1)(b) — 4 cases

Utah Home Fire Ins. Co. v. Manning, 1999 UT 77 (Utah 1999). “[3] This provision is now found at Utah Code Ann. § 34A-2-106(1) to -106(4) (1997).”

Colvin v. Giguere, 2014 UT 23 (Utah 2014). “§ 34A-2-104(1)(b) (defining "employee" as "a person in the service of any employer .”

Farm Bureau Prop. & Cas. Ins. v. Nelson (D. Utah 2025).

— Utah Code § 34A-2-104(4) — 1 case

U.S.A. United Staffing All., LLC v. Worker's Comp. Fund, 2009 UT App 160 (Utah Ct. App. 2009). “The trial court thus correctly ruled that "Utah Code Annotated § 34A-2-104[ (4) ] sets forth the procedure to exelude corporate officer exclusions and that said procedure was not followed [by USA].”

— Utah Code § 34A-2-104(4)(a) — 1 case

Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). “§ 34A-2-104(4)(a) as allowed by subsection 4(a).”

— Utah Code § 34A-2-104(4)(b) — 1 case

— Utah Code § 34A-2-104(4)(c) — 1 case

Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). “§ 34A-2-104(4)(a) as allowed by subsection 4(a).”

— Utah Code § 34A-2-104(4)(c)(2005) — 1 case

Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). “§ 34A-2-104(4)(a) as allowed by subsection 4(a).”

— Utah Code § 34A-2-104(l)(b) — 2 cases

Utah Home Fire Ins. Co. v. Manning, 1999 UT 77 (Utah 1999). “[3] This provision is now found at Utah Code Ann. § 34A-2-106(1) to -106(4) (1997).”

Johnson Bros. Constr. v. Labor Comm'n, 967 P.2d 1258 (Utah Ct. App. 1998). “Section 34A-2-104 of the Utah Workers’ Compensation Act defines an employee as each person in the service of any employer .”

— Utah Code § 34A-2-104(l)(b)(i) — 1 case

Stamper v. Johnson, 2010 UT 26 (Utah 2010). “” Utah Code Ann. § 34A-2-104(l)(b)(i). In general, a person is considered an employee if she is “ ‘hired and paid a salary, a wage, or at a fixed rate, to perform the employer’s work as directed by the employer and who is subject to a comparatively high degree of control in…”

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