S.B. 86, known as the Workplace Protection Amendments, aims to amend the definition of 'employer' in Utah law to reduce the number of employees a business can have before being subject to the Antidiscrimination Act, thereby expanding protections for workers against discrimination in the workplace.
The main purpose of the bill is to amend the definition of 'employer' in the Utah Code to reduce the threshold number of employees required for a person to be classified as an employer under the state Antidiscrimination Act.
The bill specifies that a franchisor is not considered an employer of a franchisee or a franchisee's employee unless the franchisor exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised. An unincorporated entity that is required to be licensed under the Utah Construction Trades Licensing Act is presumed to be the employer of each individual who holds an ownership interest in the entity.
The bill was created to expand workplace protections against discrimination by lowering the threshold for employer classification, thereby including more businesses under the Antidiscrimination Act.
Employees of small businesses, Employers with fewer than five employees, Franchisees and their employees, Unincorporated entities
The bill is expected to have a positive impact on employees by providing them with greater protections against discrimination, although it may impose additional compliance requirements on small employers.
No money is appropriated in this bill, indicating that it may not have direct budgetary implications.
The bill appears to align with constitutional principles regarding equal protection and non-discrimination, although specific legal challenges could arise depending on its implementation.