Utah Overtime and Meal & Rest Break Laws for Nurses

Utah defers to the federal Fair Labor Standards Act (FLSA) with respect to overtime laws. Covered, non-exempt employees must receive time and one-half their regular rate of pay for all time worked in excess of 40 hours in a workweek under the FLSA. Averaging of hours over two or more weeks is not permitted. Compensatory time off instead of cash overtime is not permitted except for employees of a public agency and then only pursuant to an agreement that provides for time and one-half off for each overtime hour worked. The regular rate of pay includes all straight time earnings including hourly, salary, shift differential, commission pay, certain bonuses, etc.

Utah has not enacted any statutes under its code with respect to nurse meal or rest breaks. There are no state or federal laws that require an employer to provide meal periods or rest breaks for adult employees (age 18 and older). Most employers in the interest of efficiency and good employee relations will establish a rest and/or meal period policy for their adult employees. Personal breaks must be compensable and usually last 5-20 minutes. Meal times, typically 30 minutes or more in duration, are not compensable under Utah or federal laws and nurses can only be paid during meal times if such provision appears in the employment contract or the nurse must eat while on duty.
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