House approves notice requirement for small nonprofits that opt out of unemployment insurance

Utah House of Representatives · February 1, 2021

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Summary

The House approved first substitute House Bill 120 requiring small nonprofits that legally opt out of unemployment insurance to inform job applicants at hire; sponsor said DWS will assist and the bill passed 39–31.

Representative Jennifer Dailey-Provost introduced the first substitute to House Bill 120, saying the measure creates a notice requirement for a small number of nonprofit employers that have a federal exemption and choose to opt out of the state's unemployment insurance system.

Under the substitute, employers who intend to operate without unemployment insurance must disclose that fact to prospective employees at the time of hire. The sponsor said the Department of Workforce Services (DWS) will notify affected organizations and that the bill includes no penalties as written; it is intended as a transparency measure so job-seekers can make informed decisions.

Representative Segg Miller asked what would happen if an organization failed to provide the notice given that many of the affected nonprofits have limited HR capacity; the sponsor said DWS can provide notification at no cost and that there are currently no penalties in the bill but that the Legislature could revisit enforcement if noncompliance became an issue. The sponsor estimated the number of organizations affected at "less than 300" and "somewhere around 275" statewide.

Members voted on the substitute; it passed in a closer tally, 39–31. The bill will be transmitted to the Senate for further consideration.

The debate centered on balancing transparency for employees with the administrative burden on small nonprofit employers; the bill relies on DWS outreach rather than built-in penalties.