Utah — Hiring & Onboarding

Federal law requires every employer who hires an individual for employment in the United States to complete Form I-9, Employment Eligibility Verification. The employee must complete and sign Section 1 no later than the first day of employment, but not before accepting a job offer. The employer must examine original, unexpired documents establishing identity and employment authorization, and must complete Section 2 within three business days of the hire date. Employers must retain the completed I-9 for three years after the date of hire or one year after employment ends, whichever is later.

Recent material updates:

• Form edition requirement (effective August 1, 2026): Employers must use only the Form I-9 edition with a 05/31/2027 expiration date (Edition 01/20/25, or reprinted 08/01/23 with updated expiration) for new hires after July 31, 2026. Prior editions are not valid after this date.
• ICE enforcement policy (effective March 16, 2026): U.S. Immigration and Customs Enforcement (ICE) revised its I-9 inspection fact sheet, reclassifying numerous previously "technical" errors as "substantive" violations. Many common mistakes (e.g., missing dates, lack of employer/employee signatures, incomplete or missing preparer/translator section, failure to use the Spanish form only in Puerto Rico, and some electronic I-9 deficiencies) are now penalty-eligible immediately, with no 10-day correction window.

Source: 8 U.S.C. § 1324a | USCIS Form I-9 | ICE Guidance for Employers: I-9 Audits

Utah Code § 34-52-201 prohibits public employers from excluding job applicants from an initial interview because of a past criminal conviction or juvenile adjudication. A "public employer" includes state agencies and their subdivisions, state institutions of higher education, and municipalities, counties, school districts, local districts, special service districts, and other political subdivisions.

Timing restrictions on criminal history inquiries

Under § 34-52-201(2), a public employer excludes an applicant from an initial interview—and violates the statute—if the employer:

• Requires an applicant to disclose a criminal conviction or juvenile adjudication on an employment application;
• Requires such disclosure before an initial interview; or
• If no interview is conducted, requires disclosure before making a conditional offer of employment.

In other words, public employers must wait until the initial interview has occurred (or, if interviews are not part of the hiring process, until after a conditional offer is extended) before asking about criminal history.

Expunged records

Public employers may not make any inquiry related to an applicant's expunged criminal or juvenile delinquency history. Applicants may answer questions about expunged records as though the underlying action never occurred.

Mental health professional applicants

For mental health professional applicants specifically, public employers may not, when making hiring decisions, consider: (1) an arrest for an offense that occurred before the applicant was 18 years old; (2) an arrest not followed by a criminal conviction or juvenile adjudication; (3) a juvenile adjudication; or (4) a past criminal conviction that does not bear a direct relationship to the applicant's ability to safely or competently perform the duties of employment.

What the statute does not prohibit

The restrictions do not prevent public employers from asking about criminal conviction or juvenile delinquency history during or after an initial interview, or from considering such history when making a hiring decision. The prohibition applies only to the timing of the inquiry—not whether the inquiry may be made at all.

Exceptions

The restrictions under § 34-52-201 do not apply to:

• Situations where federal, state, or local law (including administrative rules) requires consideration of an applicant's criminal conviction history;
• Public employers that are law enforcement agencies;
• Public employers that are part of the criminal or juvenile justice system;
• Positions involving nonemployee volunteers;
• Public employers that work with children or vulnerable adults;
• The Department of Alcoholic Beverage Control;
• The State Tax Commission;
• Public employers whose primary purpose is performing financial or fiduciary functions; and
• Public transit districts hiring or promoting individuals for safety-sensitive positions.

Private employers

Utah's Ban the Box law does not apply to private employers. Private employers in Utah may ask about criminal history on initial employment applications without violating state law, though they remain subject to federal guidance (EEOC enforcement guidance under Title VII requiring individualized assessment) and the federal Fair Credit Reporting Act if using a consumer reporting agency.

Effective date and amendments

The original Ban the Box law was enacted in 2017 via House Bill 156. The statute has been amended several times, most recently in 2023 (House Bills 60 and 468), which expanded protections to include juvenile adjudications and added specific provisions for mental health professional applicants.

Source: Utah Code § 34-52-201 | H.B. 468 (2023)

Utah’s Centralized New Hire Registry Act (Utah Code § 35A-7-101 et seq.) requires every "employer"—defined as any individual or entity required to withhold federal income tax under Section 3401 of the Internal Revenue Code (26 U.S.C. Sec. 3401) and having employees in Utah—to report all newly hired or rehired employees to the Utah Department of Workforce Services (DWS).

Who is covered and what must be reported A "newly hired employee" means an individual not previously employed by the employer, or previously employed but separated for at least 60 consecutive days. Employers must report:

• The employee’s name, address, and Social Security number
• The employee’s date of hire (defined as the first day any work is performed for pay)
• The employer’s name, address, and federal employer identification number (FEIN)

Deadlines and reporting schedule The employer must submit these details to DWS within 20 days after the employee’s hiring or return to work. Employers who submit reports magnetically or electronically (in a format approved by DWS) may instead transmit on a semimonthly schedule: no fewer than 12 days and no more than 16 days apart. [Utah Code § 35A-7-104(2)-(3)]

Methods and agency practice The statute requires reporting but does not dictate the reporting medium. Under DWS practice, employers may report online (preferred), by paper (Form W-4 or Utah Form 6), by fax, mail, or phone. The department FAQ notes that employee date of birth is optional, not required. [DWS FAQ]

Penalties for noncompliance Failure to report new hires as required subjects employers to a $25 penalty per omission, or $500 if the failure is the result of collusion or conspiracy between employer and employee not to report. [Utah Code § 35A-7-104(7)]

Source: Utah Code § 35A-7-104 | Utah DWS – New Hire Registry FAQs

Utah law requires all employers—regardless of size or industry—to inform employees in writing, at the time of hiring, about three key wage payment facts: (1) the pay rate, (2) the regular payday and place of payment, and (3) any changes to those items before the change takes effect. This notice obligation falls under Utah Code § 34-28-4(1)(a) and applies whether the employer pays by the hour, by salary, by piece, or by another method—and whether or not the employer uses a written employment agreement.

Satisfying the notice requirement The employer may provide the required information in one of two ways:

• Direct, written notice to the employee at hire; or
• By posting the required information conspicuously at or near the work site where employees can easily see it (posting must be clear, permanent, and accessible to all employees). [Utah Code § 34-28-4(3)]

Change in rate, payday, or place of payment Employers must notify employees in advance of any changes to their pay rate, payday, or place of payment. This notice must be given before the change is implemented—retroactive or same-day notifications do not meet the statute.

Enforcement and penalties Failure to provide this required new-hire notice (directly or by posting), or to keep employees informed about changes, is a class B misdemeanor under Utah law. The Labor Commission may bring administrative enforcement actions, and criminal penalties may apply. [Utah Code § 34-28-9]

No broader at-will, workers’ compensation, or benefits notice rule Utah law does not require a general employment-at-will disclaimer or benefits summary at hire. While most employment in Utah is presumed at-will, no statute or regulation creates a posting or disclosure requirement for this as of June 2026.

Source: Utah Code § 34-28-4 | Utah Code § 34-28-9

Utah law does not prohibit private employers from requesting salary history from job applicants, nor does it impose a general statewide ban on salary history inquiries as seen in some other states. No statute currently restricts Utah employers—public or private—from asking about past compensation on initial employment applications. As of June 2026, there is no enacted Utah law addressing salary history requests or limiting reliance on an applicant’s prior pay or benefits in making employment offers.

Internet account privacy Utah Code § 34-48-201 protects applicants’ internet privacy by prohibiting employers (both public and private) from requesting or requiring a candidate’s or employee’s username, password, or access to personal internet accounts (including social media, email, or other online services) as a condition of hiring or employment. This protection extends to personal accounts, but not to accounts provided or required by the employer for business purposes.

Social Security numbers and similar information Utah law does not prohibit employers from requesting Social Security numbers (SSNs) or other personal identifiers on employment applications, unless collection is otherwise regulated for specific professions or purposes. Certain licensing contexts—such as insurance and public education—require direct reporting of SSNs (see, e.g., Utah Code § 31A-23b-201 for insurance licensing). For general employment, no specific Utah statute bars employers from requesting this information on an initial application, but employers who collect SSNs remain subject to federal privacy requirements, including restrictions on disclosure and duties to prevent unauthorized access.

As always, federal rules may overlay additional compliance obligations, such as anti-discrimination protections or Fair Credit Reporting Act procedures, when background checks or consumer reports are involved.

Source: Utah Code § 34-48-201; Utah Code § 31A-23b-201

Utah overlays federal I-9 requirements with a state status-verification mandate, centered on use of E-Verify or another federally authorized system, for certain employer categories.

Who must use E-Verify (or a “status verification system”)?

• Private employers with 150 or more employees: Any private employer (defined as neither a public employer nor the federal government) with 150+ employees as of May 4, 2022, must (a) register for a status verification system (E-Verify is expressly approved); and (b) use that system to verify all new hires’ federal work eligibility before employment begins. [Utah Code § 13-47-201(2)].
• Public employers: Every state agency, subdivision, or public institution must verify each new hire through a status verification system. [Utah Code § 63G-12-302].
• Contractors/subcontractors on public contracts: An employer contracting (directly or as a subcontractor/staffing agency) with a Utah public body for physical services also must register and use a status verification system for its new employees.

Employers in these groups must conduct the status check in addition to—never instead of—the federal Form I-9 process. Utah law does not require E-Verify for private employers with fewer than 150 employees; those employers remain subject only to federal I-9 rules unless otherwise covered (e.g., through a public contract).

Obligations and procedures

• Covered employers must be registered with a status verification system and must use it for every new hire on or after the statutory threshold date.
• The system check must happen at the time of hiring (as soon as practical after offer and acceptance but before work starts, mirroring I-9 timing).
• Records must be retained to demonstrate compliance if audited by state authorities.

Penalties for noncompliance

• Private employers: The Utah Department of Commerce may conduct audits and refer noncompliance to the Utah Attorney General for enforcement. For violations, courts may issue an order demanding future compliance, and in “willful” cases, the employer may be barred from state contracts or business licenses may be revoked. [Utah Code § 13-47-203, § 13-47-204].
• Public-sector contractors: Contracting agencies may terminate contracts for failure to comply; additional agency-specific sanctions may apply.

Summary table: | Employer category | E-Verify/status system required? | |--------------------------|-----------------------------------| | Private, 150+ employees | Yes | | Public employers | Yes | | Public contractors | Yes | | Private, <150 employees| No Utah-specific requirement |

Source: Utah Code § 13-47-201 | Utah Code § 13-47-203 | Utah Code § 13-47-204 | Utah Code § 63G-12-302