Independent Contractors: Utah

Federal law and guidance on this subject should be reviewed together with this section.

Author: Wm. Spencer Topham, Callister Nebeker & McCullough

Summary

• 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 US Department of Labor's interpretation of the Fair Labor Standards Act (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 relationship as well. See Determining Whether a Worker Is an Employee or an Independent Contractor.
• Certain building service contractors who affiliate with online platforms are presumed to be independent contractors, not employees, unless there is clear and convincing evidence that the parties intended the building service contractor to be an employee. See Building Service Contractors.