New Hire Paperwork: Utah
Federal law and guidance on this subject should be reviewed together with this section.
Author: Melissa A. Silver, XpertHR Legal Editor
- Utah employers must notify their employees at the time of hiring of the day and place of payment, of the rate of pay. See Wage Notification.
- Employers using the tip credit must inform the affected employee at the time of hire. See Tip Credit and Tip Pooling.
Utah employers must notify their employees at the time of hiring of the day and place of payment, of the rate of pay, and of any change with respect to any of these items prior to the time of the change. +Utah Code Ann. § 34-28-4. Employers have the option of providing such notification by posting these facts and keeping them posted conspicuously at or near the place of work where such posted notice can be seen by employees. See Employee Management > Employee Communications: Utah. The failure to post and to keep posted any notice or failure to give the notice is a misdemeanor.
Utah State Employee Tax Withholding
Employees should complete the federal W-4 form (withholding allowance certificate). Utah does not provide a separate or state equivalent of the W-4 form. For more information on withholding taxes see Payroll > Withholding Taxes: Utah.
Tip Credits and Tip Pooling
An employer may credit the tips, often referred to as gratuities, received by tipped employees, e.g. waiters and waitresses against the employer's minimum wage obligation. The tips must be received by the employee, reported to the employer, and must reach a threshold of at least $30.00 per month before credit can be allowed. An employer has a cash wage obligation of at least $2.13 per hour in meeting the required minimum wage. If an employee's tips combined with the employer's cash wage obligation of $2.13 per hour do not equal the minimum hourly wage requirement, the employer must increase its cash wage obligation to make up the difference. Employers using the tip credit must inform the affected employee at the time of hire.
Further, tip pooling or sharing arrangements where an employer mandates that tips be pooled and divided or shared among those employees who customarily and regularly receive tips is allowed. Any tip pooling or sharing arrangement must be made in writing and provided to each affected employee at the time of hire or prior to implementation. +U.A.C. R610-1-4. See Employee Compensation > Minimum Wage: Utah.
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