Guide to Idaho Labor Laws

GUIDE TO IDAHO LABOR LAWS

The Idaho Department of Labor’s Wage and Hour Section is re-

sponsible for enforcing the state of Idaho’s wage and hour laws,

which include the state minimum wage and wage payment laws.

Effective in 2003, we also administer the licensing provisions of

the state farm labor contractor licensing law.

This guide provides general information about federal and

state labor laws. It is for informational purposes only and is

not a substitute for the law. The federal Fair Labor Stand-

ards Act can be found at Title 29 United States Code, Chap-

ter 8. State law regarding minimum wage requirements can

be found at Title 44, Chapter 15, Idaho Code; and state law

regarding the payment of wages can be found at Title 45,

Chapter 6, Idaho Code. The farm labor contractor licensing

law may be found at Title 44, Chapter 16, Idaho Code. If

legal advice is required, an attorney should be contacted.

MINIMUM WAGE

Unless specifically exempt, all employees subject to the

provisions of the Idaho Minimum Wage Law must be paid at

least $7.25 per hour effective July 24, 2009. The federal

minimum wage increased to $7.25 per hour effective the

same date.

A “TIPPED EMPLOYEE” means any employee engaged in an

occupation in which the employee customarily and regularly

receives more than $30 a month in tips.

To determine the wage of tipped employees, an employee’s

tips combined with the employer’s cash wage must equal

the minimum hourly wage. If it doesn’t, the employer must

make up the difference. It is the employer’s burden to

demonstrate the amount of tips actually received by the

employee.

Any portion of tips paid to an employee, which is shared

with other employees under a tip pooling or similar arrange-

ment, shall not be deemed, for the purpose of this section,

to be tips actually received by the employee; therefore, only

the portion of tips actually retained by the employee may be

counted toward the tip credit.

The minimum tipped wage in Idaho is $3.35 per hour effec-

tive July 24, 2007.

It is important to note that the Idaho Minimum Wage Law

applies to all Idaho employers unless they meet the specific

exemptions under Idaho Code §44-1504.

Even though businesses come under the exemptions for

paying minimum wage by meeting the dollar volume test of

the Fair Labor Standards Act, they are still subject to the

provisions of the Idaho Minimum Wage Law.

New employees under 20 years of age may be paid $4.25

per hour during their first 90 consecutive calendar days of

employment with an employer.

EXEMPTIONS FROM THE IDAHO MINIMUM WAGE LAW

Idaho’s Minimum Wage Law does not apply to any employ-

ee employed in a bona fide executive, administrative or

professional capacity; to anyone engaged in domestic ser-

vice; to any individual employed as an outside salesman; to

seasonal employees of a nonprofit camping program; or to

any child under the age of 16 years working part-time or at

odd jobs not exceeding four hours per day with any one

employer; or any individual employed in agriculture if: such

employee is the parent, spouse, child or other member of

his employer’s immediate family; or such employee is older

than 16 years of age and is employed as a harvest laborer

and is paid on a piece-rate basis in an operation which has

been, and is customarily and generally recognized as hav-

ing been paid on a piece-rate basis in the region of employ-

ment, and commutes daily from his permanent residence to

the farm on which he is so employed, and has been em-

ployed in agriculture less than 13 weeks during the preced-

ing calendar year; or such employee is 16 years of age or

under and is employed as a harvest laborer, is paid on a

piece-rate basis in an operation which has been, and is cus-

tomarily and generally recognized as having been paid on a

piece-rate basis in the region of employment, and is em-

ployed on the same farm as his parent or person standing

in place of his parent, and is paid at the same piece-rate

basis as employees over the age of 16 years are paid on

the same farm; or such employee is principally engaged in

the range production of livestock.

It should be noted that the federal Fair Labor Standards

Act does not contain the same exemptions for minimum

wage as noted in the Idaho State Exemptions for

Minimum Wage. Employers should check with the U.S.

Department of Labor before using minimum wage

exemptions.

Guide to Idaho Labor Laws October 2020

WHO IS COVERED UNDER THE FEDERAL OVERTIME AND

MINIMUM WAGE PROVISIONS OF THE FAIR LABOR

STANDARDS ACT

All employees of certain enterprises having workers en-

gaged in interstate commerce; producing goods for inter-

state commerce; or handling, selling or otherwise working

on goods or materials that have been moved in or produced

for such commerce by any person, are covered by the Fair

Labor Standards Act. A covered enterprise is the related

activities performed through unified operation or common

control by any person or persons for a common business

purpose and

(1) whose annual gross volume of sales made or business

done is not less than $500,000, exclusive of excise

taxes at the retail level that are separately stated; or

(2) is engaged in the operation of a hospital, an institution

primarily engaged in the care of the sick, the aged or

the mentally ill who reside on the premises; a school

for mentally or physically disabled or gifted children; a

pre-school; an elementary or secondary school; or an

institution of higher education, whether operated for

profit or not for profit; or

(3) is an activity of a public agency.

Employees of firms which are not covered enterprises under

the federal law still may be subject to its minimum wage,

overtime pay and child labor provisions if they are individu-

ally engaged in interstate commerce or in the production of

goods for interstate commerce or in any closely-related pro-

cess or occupation directly essential to such production.

Such employees include those who work in communications

or transportation; regularly use the mail, telephones or tele-

graph for interstate communication or keep records of inter-

state transactions; handle, ship or receive goods moving in

interstate commerce; regularly cross state lines in the

course of employment; work for independent employers

who contract to do clerical, custodial, maintenance or other

work for firms engaged in interstate commerce; or work in

the production of goods for interstate commerce.

Domestic service workers such as day workers, housekeep-

ers, chauffeurs, cooks or full-time babysitters are covered if

(1) their cash wages from one employer are at least $1,000

in a calendar year (or the amount designated pursuant to

an adjustment provision in the Internal Revenue Code), or

(2) they work a total of more than eight hours a week for

one or more employer.

OVERTIME

In accordance with the federal act and except as hereinafter

otherwise provided, no employer shall employ any employee

longer than 40 hours in a workweek consisting of seven

consecutive 24-hour periods unless such employee receives

compensation for the employment in excess of 40 hours at

a rate not less than 1 1/2 times the employee’s regular rate

of pay.

Workweek: A workweek is a period of 168 hours during

seven consecutive 24-hour periods. It may begin on any day

of the week and any hour of the day established by the em-

ployer. For the purpose of overtime payment, each work-

week stands alone; there can be no averaging of two or

more workweeks.

COMPUTING OVERTIME FOR SALARIED EMPLOYEES

Unless specifically exempt under the provisions of the feder-

al law, salaried employees must be paid time and one-half

for all hours worked in excess of 40 hours in a workweek.

The following are examples of exemptions which are illustra-

tive but not all-inclusive. These examples do not define the

conditions for each exemption.

FLSA EXEMPTIONS FROM BOTH MINIMUM WAGE AND

OVERTIME PAY

(1) Executive, administrative and professional employees

including teachers and academic administrative per-

sonnel in elementary and secondary schools, outside

sales employees and employees in certain computer-

related occupations as defined in Department of La-

bor regulations;

(2) Employees of certain seasonal amusement or recrea-

tional establishments, employees of certain small

newspapers, seamen employed on foreign vessels,

employees engaged in fishing operations and employ-

ees engaged in newspaper delivery;

(3) Farm workers employed by anyone who used no more

than 500 man-days of farm labor in any calendar

quarter of the preceding calendar year;

(4) Casual babysitters and persons employed as com-

panions to the elderly or infirm.

FLSA EXEMPTIONS FROM OVERTIME PAY

(1) Certain commissioned employees of retail or service

establishments; auto, truck, trailer, farm implement,

boat or aircraft salesworkers; parts clerks and me-

chanics servicing autos, trucks or farm implements

who are employed by nonmanufacturing establish-

ments primarily engaged in selling these items to

ultimate purchasers;

Guide to Idaho Labor Laws October 2020

(2) Employees of railroads and air carriers, taxi drivers,

certain employees of motor carriers, seamen on Amer-

ican vessels and local delivery employees paid on

approved trip rate plans;

(3) Announcers, news editors and chief engineers of cer-

tain nonmetropolitan broadcasting stations;

(4) Domestic service workers living in the employer’s resi-

dence;

(5) Employees of motion picture theaters; and

(6) Farm workers.

FLSA PARTIAL EXEMPTIONS FROM OVERTIME PAY

(1) Partial overtime pay exemptions apply to employees

engaged in certain operations on agricultural com-

modities and to employees of certain bulk petroleum

distributors.

(2) Hospitals and residential care establishments may

adopt, by agreement with their employees, a 14-day

work period instead of the usual seven-day workweek

if the employees are paid at least time and one-half

their regular rates for hours worked over eight in a day

or 80 in a 14-day work period, whichever is the great-

er number of overtime hours.

(3) Employees who lack a high school diploma, or who

have not attained the educational level of the 8

grade, can be required to spend up to 10 hours in a

workweek engaged in remedial reading or training in

other basic skills without receiving time and one-half

overtime pay for these hours. However, the employees

must receive their normal wages for hours spent in

such training and the training must not be job specif-

ic.

For information about the Fair Labor Standards Act and the

federal minimum wage, contact:

Northern Idaho

U. S. Department of Labor

ESA, Wage and Hour Division

P. O. Box 1282

Spokane, WA 99210

Phone (509) 353-2793

Southwestern and Eastern Idaho

U. S. Department of Labor

ESA, Wage and Hour Division

1150 N. Curtis Road, Suite 202

Boise, ID 83706

Phone (208) 321-2987, or

(503) 326-3057 (Portland, OR)

FAX: (208) 321-2991

See FLSA website

CHILD LABOR PROVISIONS

Idaho Child Labor Laws are found under Idaho Code §44-

1301 through §44-1308. Violations of the Idaho Child Labor

Laws should be brought to the attention of the probation

officer or the school trustees in the county where the viola-

tions occur.

For businesses that fall under the coverage of the Fair Labor

Standards Act, the Child Labor Laws are generally enforced

by the U.S. Department of Labor. Federal Child Labor Laws

are designed to protect the educational opportunities of mi-

nors and prohibit their employment in jobs and under condi-

tions detrimental to their health or well-being. The provisions

include restrictions on hours of work for minors under 16

years of age and list hazardous occupations for both farm

and nonfarm jobs declared by the Secretary of Labor as be-

ing too dangerous for minors to perform. Further information

on prohibited occupations is available from the U.S. Depart-

ment of Labor offices listed previously.

LEARNER/APPRENTICE CERTIFICATES

A special certificate allowing employment at sub-minimum

wage may be allowed under certain circumstances. This cer-

tificate must be obtained from the director of the Idaho De-

partment of Labor before a subminimum wage can be paid.

IDAHO LAW DOES NOT REQUIRE

• Vacation, holiday, severance or sick pay

• A discharge notice or a reason for discharge

• Rest periods, breaks, lunch breaks, holidays off or va-

cations

• Premium pay rates for weekends or holidays worked

• Pay raises or fringe benefits

• A limit on the number of hours an employee can work

per day or week for employees 16 years of age or older

These items are matters for agreement between the employ-

er and the employee or their authorized representative. If

there is any change in a policy that is in effect, the employee

must be notified prior to the change.

RECORD KEEPING

Employee records should be kept for a minimum of three

years. The records do not have to be kept in any particular

form and time clocks need not be used. These records

should include:

• Personal information, including employee’s name,

home address, occupation, sex and date of birth if un-

der 19 years of age

• Hour and day when workweek begins

• Total hours worked each workday and each workweek

• Total daily or weekly straight time earnings

• Regular hourly pay rate

• Total overtime pay for each workweek

Guide to Idaho Labor Laws October 2020

• Deductions from wages

• Total wages paid each pay period

• Date of payment of wages and pay period covered

Hours worked: Employees must be paid for all hours worked

in a workweek. In general, hours worked includes all time an

employee must be on duty, on the employer’s premises or at

any other prescribed place of work. Also included is any addi-

tional time that an employee is suffered or permitted to

work.

WAGE PAYMENT LAW

Idaho Code §45-606 through §45-617:

1. Upon layoff or termination by either the employer or the

employee, all wages due must be paid to the employee

the earlier of the next regularly scheduled payday or

within 10 days of termination, weekends and holidays

excluded. If the employee makes a written request for

earlier payment of his wages, all wages then due must

be paid within 48 hours, excluding weekends and holi-

days. Idaho Code §45-606.

2. Unless exempt from the minimum wage requirements of

Idaho’s Minimum Wage Law, employees who are not

being paid on an hourly or salary basis must be paid at

least the applicable minimum wage for all hours worked

in the pay period immediately preceding layoff or termi-

nation from employment. The minimum wage payment

shall be made within the same time limitations provided

for in Idaho Code §45-606.

3. If an employer fails to pay all wages due as required by

law, that employer may be subject to penalties in the

amount of wages equal to the employee’s regular wage

rate, as if he rendered service in the manner as last em-

ployed, for every day that the employer is in default up to

15 days, and a maximum of $750.00. Idaho Code §45-

607.

4. Every employer shall pay all wages due to its employees

at least once during each calendar month on regular

paydays designated in advance. The end of a pay period

for which payment is made on a regular pay period shall

not be more than 15 days before such regular payday.

Idaho Code §45-608.

5. If the regular payday falls on a non-workday, payment

shall be made on the preceding workday. Idaho Code

§45-608.

6. No employer shall withhold or divert any portion of an

employee’s wages unless: a) the employer is required or

empowered to do so by state or federal law; or b) the

employer has written authorization from the employee

for deductions for a lawful purpose. Idaho Code §45-

609.

7. Employers shall furnish each employee with a written

statement of deductions made from his or her wages for

each pay period such deductions are made. Idaho Code

§45-609.

8. Every employer shall notify his or her employees at the

time of hire of their rate of pay and regularly scheduled

payday. Idaho Code §45-610.

9. Every employer shall notify his or her employees of any

reduction in their rates of pay prior to the work being

performed. Idaho Code §45-610.

10. When there is a dispute over the amount of wages due

an employee, the employer shall pay the undisputed

portion without condition. Idaho Code §45-611.

11. The acceptance by an employee of a check for wages

when there is any restrictive endorsement written on the

check shall not constitute a release with respect to the

disputed amount. Idaho Code §45-611.

12. Claims for wages filed with the Idaho Department of La-

bor are limited by the same dollar amount as the small

claims department of the Magistrate Division of the Dis-

trict Court. Idaho Code §45-617.

13. No employer shall discharge an employee or in any man-

ner retaliate against an employee for asserting their

rights under the Wage Payment Act and Minimum Wage

Law. Idaho Code §45-613.

14. It is a misdemeanor criminal offense for an employee to

make a false claim for wages. Idaho Code §45-612.

Wage claims can be filed online on the Labor website. If you

have questions regarding the wage payment law, call any of

the Idaho Department of Labor offices. For a listing, see our

online office directory .

OTHER ISSUES

Questions regarding discrimination due to race, color, handi-

cap, age, sex, national origin or religion should be addressed

to:

Idaho Human Rights Commission

317 W. Main St.

2nd Floor

Boise, ID 83735-0660

Phone: (208) 334-2873 or

Toll free: (888) 249-7025

Web: humanrights.idaho.gov

Guide to Idaho Labor Laws October 2020

Questions regarding accidents occurring on the job or work-

ers compensation benefits should be addressed to:

Idaho Industrial Commission

700 So. Clearwater Lane

Boise, ID 83712 or

P.O. Box 83720

Boise, ID 83720-0041

Phone: (208) 334-6000 or

Toll free: (800) 950-2110

Web: iic.idaho.gov

Questions regarding unemployment compensation and tax

coverage should be addressed to your local Idaho Depart-

ment of Labor office. For a listing of locations, see our Web

site at http://labor.idaho.gov.

FARM LABOR CONTRACTOR LICENSING

A farm labor contractor is any individual or business entity

that for money or other compensation recruits, solicits, hires,

employs, furnishes or transports migrant or seasonal farm

workers.

Farm labor contractors must: (1) be licensed by the Idaho

Department of Labor and pay an annual licensing fee; (2)

post a surety bond to cover unpaid wages; (3) carry auto in-

surance for all vehicles used in the farm labor contracting

business; (4) carry workers’ compensation coverage for all

employees; and (5) provide all employees at the time of hiring

full disclosure about the conditions of employment including

the rate of pay, the benefits to be furnished by the farm labor

contractor and all expenses that may be deducted from the

farm worker’s wages.

Some farm labor contractors are exempt from the require-

ments of Idaho’s Farm Labor Contractor Licensing Law. Be-

cause exemptions are narrowly defined, a farm labor contrac-

tor should carefully review the exemptions contained in Idaho

Code §44-1602.

Farmers who use an Idaho Department of Labor licensed

farm labor contractor will not be held jointly liable under Ida-

ho law for any wages left unpaid by a farm labor contractor.

The licensed farm labor contractor will remain the farm work-

ers’ employer and will be solely responsible for the payment

of their wages.

VIOLATIONS ― PENALTY

Idaho Code §44-1616 (1) Any person who intentionally defac-

es, alters or changes a farm labor contractor license, or who

uses the license of another, or who knowingly permits anoth-

er person to use his license or acts as a farm labor contractor

without a license shall be guilty of a misdemeanor, punisha-

ble by a fine not to exceed one thousand dollars ($1,000), or

up to sixty (60) days in jail or both. Each violation shall consti-

tute a separate offense.

(2) Any person who violates any other provision of this chap-

ter shall be guilty of a misdemeanor, punishable by a fine not

to exceed three hundred dollars ($300), or up to thirty (30)

days in jail or both. Each violation shall constitute a

separate offense.

The information provided in this publication, is from the Idaho Department of Labor's Wage & Hour Division. It is provided

solely for educational and informational purposes and does not constitute legal advice. The statements expressed may

change depending upon the inclusion or exclusion of additional facts or background information. If you require legal advice,

you are encouraged to consult an attorney who is actively engaged in the practice of law and who is admitted to the bar in

your jurisdiction or the Idaho State bar association.

Rev. 7/2014

Guide to Idaho Labor Laws October 2020

BOISE AREA OFFICE

317 W. Main St.

Boise, ID 83735-0030

Phone: (208) 332-3579 ext. 3506

Fax: (208) 639-3257

SOUTHERN & CENTRAL IDAHO

Mini-Cassia / Burley Local Office

127 W. Fifth St. N.

Burley, ID 83318-3457

Phone: (208) 332-3579 ext. 3128

Fax: (208) 639-3257

SOUTHWESTERN IDAHO

Canyon County Local Office

4514 Thomas Jefferson St.

Caldwell, ID 83605-5100

Phone: (208) 332-3579 ext. 3195

Fax: (208) 639-3257

EASTERN IDAHO

Pocatello Local Office

430 N. Fifth Ave.

Pocatello, ID 83205-4087

Phone: (208) 332-3579 ext. 3659

Fax: (208) 639-3257

NORTHERN IDAHO

Kootenai County Local Office

600 N. Thornton St.

Post Falls, ID 83854

Phone: (208) 332-3579 ext. 3978

Fax: (208) 639-3257

Program Supervisor

Phone: (208) 332-3579 ext. 3659

Email: [email protected]daho.gov

IDAHO DEPARTMENT OF LABOR WAGE AND HOUR SECTION — WEB PAGE — 1 (800) 843-3193