Utah § 13-78-101 Definitions.

Utah Statutes

§ 13-78-101 — Definitions.

Utah·Title 13 Commerce and Trade·Ch. 13-78 Earned Wage Access Services Act

As used in this chapter:

(1)"Consumer" means an individual who resides in the state.

(2)"Earned but unpaid income" means compensation, including salary, wages, or other income, that is:

(2)(a) earned or accrued by a consumer through services provided to an employer or as an independent contractor; and

(2)(b) not paid yet to the consumer by the employer or hiring party.

(3)"Earned wage access services" means the payment of funds to a consumer determined by:

(3)(a) (3)(a)(i) a consumer's representation; and

(3)(a)(ii) the provider's reasonable determination of earned but unpaid income; or

(3)(b) employment, income, and attendance data obtained directly or indirectly by a provider from an employer or an employer's payroll service provider.

(4)(4)(a) "Fee" means a charge the provider impos

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As used in this chapter:
(1) "Consumer" means an individual who resides in the state.
(2) "Earned but unpaid income" means compensation, including salary, wages, or other income, that is:
(2)(a) earned or accrued by a consumer through services provided to an employer or as an independent contractor; and
(2)(b) not paid yet to the consumer by the employer or hiring party.
(3) "Earned wage access services" means the payment of funds to a consumer determined by:
(3)(a) (3)(a)(i) a consumer's representation; and
(3)(a)(ii) the provider's reasonable determination of earned but unpaid income; or
(3)(b) employment, income, and attendance data obtained directly or indirectly by a provider from an employer or an employer's payroll service provider.
(4) (4)(a) "Fee" means a charge the provider imposes on a consumer for earned wage access services, expedited delivery of funds, or a subscription or membership that includes earned wage access services.
(4)(b) "Fee" does not include a voluntary tip, gratuity, or donation.
(5) (5)(a) "Provider" means a person engaged in the business of offering earned wage access services.
(5)(b) "Provider" does not include:
(5)(b)(i) a service provider, such as a payroll service provider, that verifies, but does not fund, earned wages;
(5)(b)(ii) an employer that advances a portion of earned wages directly to employees or independent contractors; or
(5)(b)(iii) a person regulated under Title 7, Financial Institutions Act.

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