34-40-204.  Criminal penalty — Enforcement.

(1)  As used in this section, “violation” includes separate violations as to individual employees arising out of the same investigation or enforcement action.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 34-40-204

  • Commission: means the Labor Commission. See Utah Code 34-40-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) 

(a)  A violation of this chapter is an infraction.

(b)  A second violation of this chapter is a class C misdemeanor.

(c)  A third or subsequent violation of this chapter is a class B misdemeanor.

(3)  Upon an employer’s violation of this section, the commission may prosecute a criminal action in the name of the state.

(4)  The county attorney, district attorney, or attorney general shall provide assistance in prosecutions under this section at the request of the commission.

Amended by Chapter 189, 2019 General Session