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IDAHO

QUICK AND EASY GUIDE TO

LABOR & EMPLOYMENT LAW

Disclaimer: These materials do not constitute legal advice and should not be substituted for the

advice of legal counsel.

Idaho is an at-will-employment state. In Idaho, this means that unless an employee is hired under a contract

that includes a specific duration of employment and/or limits the reasons why the employee may be

discharged, the employer may discharge the employee for any reason or no reason as long as it is not an

unlawful reason. Venable v. Internet Auto Rent & Sales, Inc., 329 P.3d 356, 360 (Idaho 2014)

protecting participating in union activities (Watson v. Idaho Falls Consol. Hosps., Inc., 111 Idaho 44 (1986)),

reports of electrical building code violations (Ray v. Nampa Sch. Dist. No. 131, 120 Idaho 117), compliance

free speech of an employee who is employed by a private-sector employer. Edmondson, 75 P.3d at 739.

Employers in Idaho must also abide by Idaho Code Title 67 Chapter 59, which mirrors Title VII of the Civil

Rights Act of 1964.

• Be reasonable in:

̶ duration;

̶ geographical area; and

̶ the type of employment or line of business restricted;

• Not impose a greater restraint than is reasonably necessary to protect the employer’s legitimate

• Only restrict “key employees” or “key independent contractors,” as defined under

Right-to-work in Idaho means any type of union membership requirement as a condition for employment is

states that no wages may be deducted for union

fees unless the employee provides a signed, written authorization. The statute further states that employer

deductions for political activities are always prohibited, but employees may personally pay contributions for

political activities to labor organizations unless that payment is illegal.

Idaho Code § 44-2004.

While Idaho does not have an anti-retaliation or whistleblower protection law that applies to private-sector

employers, Idaho courts recognize common law claims for retaliatory discharge and termination in violation of

public policy where the employer’s motivation for the termination contravenes public policy. Bollinger v. Fall

River Rural Elec. Coop., Inc., 272 P.3d 1263, 1271 (Idaho 2012). What constitutes sufficient public policy to

Idaho regulates drug and alcohol testing by employers. Idaho Code § 72-1702

or continued employment[,] provided the testing requirements and procedures are in compliance with 42

U.S.C. § 12101. “The employer must pay for the testing and the employee must be compensated as if the time

written testing policy.§ 72-1705. The written policy must include:

• The consequences of violating a substance abuse policy;

• The types of tests that will be conducted; and

• An explanation of the testing procedures to be used.

An individual whose test comes back positive must be given the opportunity to explain the result and has the

right to be retested. Idaho Code § 72-1706

.

Note: Idaho is one of only a few states without some sort of policy allowing residents to possess products with

even low amounts of THC. In Idaho, any amount of THC is illegal and marijuana is illegal in all forms.

Idaho does not require private employers to compensate employees during time off for vacation, holiday,

express or implied provision of the employee’s contract.

. However, there is no Idaho law requiring employers to pay employees while an

employee is serving jury duty. An employer who is found to have violated Idaho Code § 2-218(1) may be fined

not more than $300. Idaho Code § 2-218(2). If any employer discharges an employee for attending court for

jury service or serving as a juror, the employee may bring a civil action within 60 days of discharge for recovery

of treble the amount of wages lost and request an order requiring reinstatement of the employee.

2-218(3). If the employee is successful in the lawsuit, the employee is also allowed recovery of a reasonable

There is no Idaho statute providing for pregnancy or parental leave.

Smoking is not allowed in a public place or a publicly owned building. Idaho Code § 39-5503

employee breakroom in a small business employing five or fewer employees may designate an employee

work when it is unoccupied).

with letters of at least one inch in height. Id.

Health Department voted in 2011 to stop hiring smokers. The Adad County Sheriff’s Office has had a similar

policy since 2002. Private employer Blue Cross of Idaho has also instituted a nicotine-free hiring policy. There

is nothing in Idaho law to protect employees’ rights to engage in legal activities when they are off duty. As of

Idaho has no specific legislation to protect or support breastfeeding mothers in the workplace.

A discharged employee must be paid all wages due on the next regularly scheduled payday or within ten days

of layoff or termination, whichever is earlier. Idaho Code § 45-606

An employer is only required to pay accrued vacation to an employee upon separation from employment if their

policy or contract requires it. Ferguson v. City of Orofino, 953 P.2d 630 (1998);

Dist., 563 P.2d 54 (1977). Idaho law does not require vacation or sick pay, so an employer may determine its

County School District No. 161, 454 P.3d 555, 569 (Idaho 2019) (citing Sorenson v. Comm Tek, Inc., 799 P.2d

. Injuries suffered because

Idaho has no law prohibiting an employer from restricting or banning employees from bringing weapons onto