13-78-101. Definitions.

251 words·~1 min read·/ut/title-13/chapter-78/13-78-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

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

(2)"Division" means the Division of Consumer Protection established in Section 13-2-102 .

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

(a)a consumer earns or accrues through services the consumer provides to an employer or as an independent contractor; and

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

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

(i)a consumer's representation; and

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

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

(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.

(b)"Fee" does not include a voluntary tip, gratuity, or donation.

(a)"Provider" means a person that engages in the business of offering earned wage access services.

(b)"Provider" does not include:

(i)a service provider, such as a payroll service provider, that verifies, but does not fund, earned wages;

(ii)an employer that advances a portion of earned wages directly to employees or independent contractors; or

(iii)a person regulated under Title 7, Financial Institutions Act.

Amended by Chapter 95 , 2026 General Session