Independent Contractors: Utah
Federal law and guidance on this subject should be reviewed together with this section.
Author: Wm. Spencer Topham, Callister Nebeker & McCullough
- Utah courts have established their own standard for determining whether a worker is an employee or an independent contractor. The courts consider a variety of factors to determine the degree of control that an employer has over the person performing the work. See Determining Whether a Worker Is an Employee or an Independent Contractor.
- For purposes of the minimum wage and overtime exemptions, Utah courts give great deference to the U.S. Department of Labor's interpretation of the FLSA, including definitions of certain terms. Utah's workers' compensation and unemployment compensation laws also provide their own definitions of employee. Being defined as an independent contractor can affect several aspects of the employment relationshipas well. See Determining Whether a Worker Is an Employee or an Independent Contractor.