{ "type": "practice-guide", "canonical": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho", "links": [ { "rel": "self", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho.json", "type": "application/json" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho", "type": "text/html" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho/markdown", "type": "text/markdown" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho/json", "type": "application/json" }, { "rel": "license", "href": "https://creativecommons.org/licenses/by/4.0/", "type": "text/html", "external": true, "title": "CC BY 4.0" } ], "data": { "topic": "wage-and-hour", "state": "idaho", "frontmatter": { "title": "Wage and Hour Law in Idaho", "description": "A plain-language guide to Idaho wage-and-hour law covering the $7.25 minimum wage that Idaho's Minimum Wage Law ties to the federal minimum wage, the $3.35 direct-wage floor for tipped employees, the absence of any Idaho overtime statute for private employers and of any meal or rest break statute for adult employees, final-pay deadlines and the late-pay penalty, monthly paydays and deduction statements, how Idaho statutes define employees, and how wage claims are enforced through the Idaho Department of Labor and the courts.", "state": "Idaho", "lastReviewed": "2026-10-08", "license": "CC BY 4.0", "authors": [ "steven-obiajulu" ], "summary": { "minimumWageFloor": "federal", "bottomLine": "Idaho's $7.25 minimum wage is tied by statute to the federal minimum wage; Idaho has no private-sector overtime or adult break statute; and its wage-payment chapter sets final-pay deadlines, monthly paydays, deduction rules and wage-claim remedies.", "keyLaw": [ { "source": "idaho-minimum-wage-hourly-rate" }, { "source": "idaho-final-pay-deadline" }, { "source": "idaho-tipped-direct-wage-floor" }, { "source": "idaho-monthly-regular-payday" } ], "dailyOvertime": "weeklyOnly", "mealRestBreaks": "none", "finalPayTiming": "withinDays", "latePayPenalty": "waitingTimePenalty", "payFrequency": "monthly", "wageStatement": "basicRequired", "workerClassificationTest": "commonLaw", "tipCredit": "partialTipCredit", "currentAsOf": "2026-10-08" }, "about": [ "Idaho minimum wage", "Idaho final paycheck rules", "Idaho payday and deduction rules", "Idaho tipped employee wages", "Idaho wage claims and enforcement", "Idaho child labor hours" ] }, "questions": [ { "slug": "minimum-wage", "label": "What is the state minimum wage, and how does it relate to the federal floor?", "heading": "What is the minimum wage?", "answerText": "Idaho's standard minimum wage is $7.25 an hour for employees covered by its Minimum Wage Law. The statute says this amount conforms to, and tracks with, the federal minimum wage. No Idaho political subdivision may set a higher minimum wage by ordinance or other action. The Minimum Wage Law does not apply to certain groups of workers. The excluded groups include bona fide executive, administrative and professional employees; people in domestic service; outside salespeople; seasonal employees of a nonprofit camping program; children under sixteen working part time or at odd jobs for no more than four hours a day with any one employer; and employees under eighteen who work for an immediate family member or that family member's business. For workers under twenty, an employer may pay an employee who is not yet twenty years old at least $4.25 an hour during the first ninety consecutive calendar days after the employee is first hired. An employer may not displace employees to hire people at that wage. That ban covers partial displacements such as cuts to hours, wages or employment benefits. For apprentices and learners, the director of the Idaho Department of Labor may issue an apprentice or learner a special license. The license allows employment below the minimum wage, for the time and under the conditions the director sets. For workers with disabilities, the minimum-wage payment requirement does not apply to a worker with disabilities if the employer is issued a special certificate under the federal Fair Labor Standards Act.", "sources": [ { "id": "idaho-minimum-wage-hourly-rate", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(1) states that, except as the Minimum Wage Law otherwise provides, an Idaho employer may not pay an employee less than $7.25 per hour.", "verbatimQuote": "Except as hereinafter otherwise provided, no employer shall pay to any of his employees any wages computed at a rate of less than seven dollars and twenty-five cents ($7.25) per hour for employment.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-hourly-rate" }, { "id": "idaho-minimum-wage-federal-tracking", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(1) states that the amount of the Idaho minimum wage conforms to, and tracks with, the federal minimum wage.", "verbatimQuote": "The amount of the minimum wage shall conform to, and track with, the federal minimum wage.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-federal-tracking" }, { "id": "idaho-local-minimum-wage-preemption", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(4)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(4) prohibits any Idaho political subdivision from establishing, by ordinance or other action, a minimum wage higher than the state minimum wage.", "verbatimQuote": "No political subdivision of this state, as defined by section 6-902, Idaho Code, shall establish by ordinance or other action minimum wages higher than the minimum wages provided in this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-local-minimum-wage-preemption" }, { "id": "idaho-minimum-wage-act-exemptions", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1504", "citation": "Idaho Code § 44-1504(1)-(6)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1504/", "proposition": "Idaho Code § 44-1504 states that the Idaho Minimum Wage Law does not apply to listed groups of workers, including bona fide executive, administrative and professional employees, domestic service workers, outside salesmen, seasonal nonprofit camp employees, and certain minors.", "verbatimQuote": "The provisions of this act shall not apply to: (1) Any employee employed in a bona fide executive, administrative or professional capacity; or (2) Anyone engaged in domestic service; or (3) Any individual employed as an outside salesman; or (4) Seasonal employees of a nonprofit camping program; or (5) Any child under the age of sixteen (16) years working part time or at odd jobs not exceeding a total of four (4) hours per day with any one (1) employer; or (6) Any employee under the age of eighteen (18) years who is employed by an immediate family member or such family member’s business;", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-act-exemptions" }, { "id": "idaho-under-twenty-opportunity-wage", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(3)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(3) permits an Idaho employer to pay an employee under twenty years of age at least $4.25 an hour during the first ninety consecutive calendar days of initial employment.", "verbatimQuote": "In lieu of the rate prescribed by subsection (1) of this section, an employer may pay an employee who has not attained twenty (20) years of age a wage which is not less than four dollars and twenty-five cents ($4.25) an hour during the first ninety (90) consecutive calendar days after such employee is initially employed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-under-twenty-opportunity-wage" }, { "id": "idaho-opportunity-wage-displacement-bar", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(3)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(3) prohibits an Idaho employer from displacing employees, fully or partially, in order to hire individuals at the under-twenty wage.", "verbatimQuote": "No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages or employment benefits) for purposes of hiring individuals at the wage authorized in this subsection.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-opportunity-wage-displacement-bar" }, { "id": "idaho-apprentice-learner-special-license", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1506", "citation": "Idaho Code § 44-1506", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1506/", "proposition": "Idaho Code § 44-1506 permits the director of the Idaho Department of Labor to issue an apprentice or learner a special license authorizing employment below the minimum wage for the time and under the conditions the director determines.", "verbatimQuote": "For any employment in which the minimum wage is applicable, the director of the department of labor may issue to an apprentice or learner a special license authorizing the employment of such apprentice or learner for the time and under the conditions which he determines and at a wage less than the minimum wage established by this act.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-apprentice-learner-special-license" }, { "id": "idaho-disability-special-certificate-exception", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1505", "citation": "Idaho Code § 44-1505", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1505/", "proposition": "Idaho Code § 44-1505 states that the Idaho minimum-wage payment requirement does not apply to a worker with disabilities when the employer holds a special certificate issued under the federal Fair Labor Standards Act.", "verbatimQuote": "The payment of the minimum wage under this act shall not apply to a worker with disabilities, if the employer is issued a special certificate, as provided now or hereafter under the federal fair labor standards act.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-disability-special-certificate-exception" } ] }, { "slug": "overtime", "label": "Does the state require daily overtime beyond the federal 40-hour weekly rule?", "heading": "When is overtime owed?", "answerText": "No Idaho statute requires private employers to pay overtime, daily or weekly, and Idaho's state-personnel overtime statute for state employees does not reach private employers. Under it, the appointing authority of a state department decides when overtime work is necessary and provides cash pay or compensatory time off for that work to eligible classified officers and employees, subject to applicable federal law. Federal law on this point is discussed in the federal wage and hour guide.", "sources": [ { "id": "idaho-state-employee-overtime-compensation", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 67-5328", "citation": "Idaho Code § 67-5328(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH53/SECT67-5328/", "proposition": "Idaho Code § 67-5328(2) requires the appointing authority of an Idaho state department to determine the need for overtime work and to provide cash compensation or compensatory time off for it to eligible classified officers and employees, subject to applicable federal law.", "verbatimQuote": "The appointing authority of any department shall determine the necessity for overtime work and shall provide for cash compensation or compensatory time off for such overtime work for eligible classified officers and employees, subject to the restrictions of applicable federal law.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-state-employee-overtime-compensation" } ] }, { "slug": "meal-rest-breaks", "label": "Are meal and rest breaks mandated, and are they paid?", "heading": "Are breaks required?", "answerText": "No Idaho statute requires employers to give adult employees meal or rest breaks, and Idaho's working-hours rule for children under sixteen does not require a break either. A person under sixteen may not work more than fifty-four hours in a week or more than nine hours in a day, and may not work before 6 a.m. or after 9 p.m.. Children under fourteen face tighter limits. They may not work in or in connection with listed workplaces, including mines, factories, workshops, stores, laundries, restaurants and hotels. They also may not be employed in any business while the local public schools are in session, or before 6 a.m. or after 9 p.m.. A student may, however, be employed by the public schools of the district for up to ten hours a week if the employment is voluntary and the student's legal guardian consents. A child over twelve may also work in the occupations the chapter mentions during public school vacations of two weeks or more. These child-labor sections do not address meal periods, rest breaks, or whether break time is paid. Federal law on this point is discussed in the federal wage and hour guide.", "sources": [ { "id": "idaho-under-sixteen-hours-limit", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1304", "citation": "Idaho Code § 44-1304", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH13/SECT44-1304/", "proposition": "Idaho Code § 44-1304 prohibits employing a person under sixteen more than fifty-four hours a week or nine hours a day, or before 6 a.m. or after 9 p.m.", "verbatimQuote": "No person under the age of sixteen (16) years shall be employed or suffered or permitted to work at any gainful occupation more than fifty-four (54) hours in any one week, nor more than nine (9) hours in any one day; nor before the hour of six o’clock in the morning nor after the hour of nine o’clock in the evening.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-under-sixteen-hours-limit" }, { "id": "idaho-under-fourteen-workplace-bar", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1301", "citation": "Idaho Code § 44-1301", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH13/SECT44-1301/", "proposition": "Idaho Code § 44-1301 prohibits employing a child under fourteen in or in connection with listed workplaces such as mines, factories, stores, restaurants and hotels.", "verbatimQuote": "No child under fourteen (14) years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-under-fourteen-workplace-bar" }, { "id": "idaho-under-fourteen-school-hours", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1301", "citation": "Idaho Code § 44-1301", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH13/SECT44-1301/", "proposition": "Idaho Code § 44-1301 states that a child under fourteen may not be employed during local public school hours or before 6 a.m. or after 9 p.m., except that a child over twelve may work in the chapter's occupations during school vacations of two weeks or more.", "verbatimQuote": "It shall be unlawful for any person, firm or corporation to employ any child under fourteen (14) years of age in any business or service whatever during the hours in which the public schools of the district in which the child resides are in session, or before the hour of six o’clock in the morning, or after the hour of nine o’clock in the evening: provided, that any child over the age of twelve (12) years may be employed at any of the occupations mentioned in this chapter during the regular vacations of two (2) weeks or more of the public schools of the district in which such child resides.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-under-fourteen-school-hours" }, { "id": "idaho-under-fourteen-school-district-exception", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1301", "citation": "Idaho Code § 44-1301", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH13/SECT44-1301/", "proposition": "Idaho Code § 44-1301 permits a student to be employed by the public schools of the district for up to ten hours per week if the employment is voluntary and the student's legal guardian consents.", "verbatimQuote": "Provided however, a student may be employed by the public schools of the district for a maximum of ten (10) hours per week provided such employment is voluntary and with the consent of the student’s legal guardian.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-under-fourteen-school-district-exception" } ] }, { "slug": "final-pay", "label": "When must final wages be paid on separation, and what is the penalty for paying late?", "heading": "When is final pay due?", "answerText": "On layoff or termination by either side, Idaho employers must pay hourly or salaried employees all wages due by the earlier of the next regularly scheduled payday or within ten days, weekends and holidays excluded, unless an employee's written request or a director's extension applies. A written request from the employee shortens the deadline to forty-eight hours after the employer receives it, weekends and holidays excluded, and the director of the Idaho Department of Labor may grant an employer a temporary extension on an application showing good and sufficient reasons. The wages must be paid or made available at the usual place of payment. Some employees are not paid on an hourly or salary basis. Unless they are exempt from the Minimum Wage Law, they must receive at least the applicable minimum wage for all hours worked in the pay period just before the layoff or termination. Any additional wages owed to those employees must be paid by the next regularly scheduled payday. Late-pay penalty. If an employer fails to pay all wages due by these deadlines, the employee's wages continue at the same rate, as if the employee were still working in the same way, until the wages are paid in full or for fifteen days, whichever is less. The penalty can never exceed $750. If the full wages are paid before a wage lien is filed, the cap is $500. No penalty may be assessed when the employer pays all undisputed wages within the final-pay deadlines, unless the remaining balance was withheld willfully, arbitrarily and without just cause. If an employee accepts a check that carries a restrictive endorsement, that does not release the employee's claim to the disputed amount and does not count as an accord and satisfaction.", "sources": [ { "id": "idaho-final-pay-deadline", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-606", "citation": "Idaho Code § 45-606(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-606/", "proposition": "Idaho Code § 45-606(1) requires an Idaho employer, on layoff or termination by either party, to pay or make available all wages due by the earlier of the next regular payday or ten days, excluding weekends and holidays.", "verbatimQuote": "Upon layoff, or upon termination of employment by either the employer or employee, the employer shall pay or make available at the usual place of payment all wages then due the employee by the earlier of the next regularly scheduled payday or within ten (10) days of such layoff or termination, weekends and holidays excluded.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-final-pay-deadline" }, { "id": "idaho-final-pay-written-request", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-606", "citation": "Idaho Code § 45-606(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-606/", "proposition": "Idaho Code § 45-606(1) requires an Idaho employer, when a separating employee makes a written request for earlier payment, to pay all wages due within forty-eight hours of receiving it, excluding weekends and holidays.", "verbatimQuote": "However, if the employee makes written request upon the employer for earlier payment of wages, all wages then due the employee shall be paid within forty-eight (48) hours of the receipt of such request, weekends and holidays excluded.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-final-pay-written-request" }, { "id": "idaho-final-pay-nonhourly-minimum", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-606", "citation": "Idaho Code § 45-606(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-606/", "proposition": "Idaho Code § 45-606(2) requires that non-exempt employees who are not paid on an hourly or salary basis receive at least the applicable minimum wage for all hours worked in the pay period immediately before layoff or termination.", "verbatimQuote": "Unless exempt from the minimum wage requirements of chapter 15, title 44, Idaho Code, 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 termination from employment.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-final-pay-nonhourly-minimum" }, { "id": "idaho-final-pay-additional-wages-payday", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-606", "citation": "Idaho Code § 45-606(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-606/", "proposition": "Idaho Code § 45-606(2) requires that, under the Idaho final-pay rule for employees not paid on an hourly or salary basis, any additional wages owed be paid by the next regularly scheduled payday.", "verbatimQuote": "Any additional wages owed to employees shall be paid by the next regularly schedule payday.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-final-pay-additional-wages-payday" }, { "id": "idaho-final-pay-director-extension", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-606", "citation": "Idaho Code § 45-606(3)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-606/", "proposition": "Idaho Code § 45-606(3) permits the director to grant an Idaho employer a temporary extension of any final-pay deadline on an application showing good and sufficient reasons.", "verbatimQuote": "The director may, upon application showing good and sufficient reasons, grant an employer a temporary extension to any time limitation provided in this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-final-pay-director-extension" }, { "id": "idaho-late-final-pay-penalty", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-607", "citation": "Idaho Code § 45-607", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-607/", "proposition": "Idaho Code § 45-607 states that when an Idaho employer fails to pay wages due by the final-pay deadlines, the employee's wages continue at the same rate until paid in full or for fifteen days, whichever is less.", "verbatimQuote": "Whenever an employer fails to pay all wages then due an employee at the times due under section 45-606, Idaho Code, then the employee’s wages shall continue at the same rate as if services had been rendered in the manner as last employed until paid in full or for fifteen (15) days, whichever is less.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-late-final-pay-penalty" }, { "id": "idaho-late-pay-penalty-caps", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-607", "citation": "Idaho Code § 45-607", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-607/", "proposition": "Idaho Code § 45-607 states that the late-pay penalty may not exceed $750, or $500 if the full wages are paid before a wage lien is filed.", "verbatimQuote": "However, in no event can the maximum penalty exceed seven hundred fifty dollars ($750), and if the full amount of the wages are paid prior to the filing of a lien pursuant to section 45-620, Idaho Code, the maximum penalty shall not exceed five hundred dollars ($500).", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-late-pay-penalty-caps" }, { "id": "idaho-penalty-lost-avoiding-payment", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-607", "citation": "Idaho Code § 45-607", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-607/", "proposition": "Idaho Code § 45-607 states that an employee who hides or absents themself to avoid payment, or refuses payment made available under the final-pay rules, is not entitled to any penalty under the wage-payment chapter.", "verbatimQuote": "Any employee who secretes or absents himself to avoid payment, or refuses to receive payment when made available as provided for in section 45-606, Idaho Code, shall not be entitled to any penalty under this chapter.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-penalty-lost-avoiding-payment" }, { "id": "idaho-undisputed-wages-penalty-bar", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-611", "citation": "Idaho Code § 45-611(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-611/", "proposition": "Idaho Code § 45-611(1) states that when an Idaho employer pays all undisputed wages within the final-pay deadlines, no penalty may be assessed unless the remaining balance was withheld willfully, arbitrarily and without just cause.", "verbatimQuote": "Whenever an employer pays all wages not in dispute within the time limits set forth in section 45-606, Idaho Code, no penalties may be assessed under this chapter, unless it can be shown that the remaining balance of wages due were withheld willfully, arbitrarily and without just cause.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-undisputed-wages-penalty-bar" }, { "id": "idaho-restrictive-endorsement-no-release", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-611", "citation": "Idaho Code § 45-611(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-611/", "proposition": "Idaho Code § 45-611(2) states that an employee's acceptance of a check with a restrictive endorsement does not release the disputed amount or constitute an accord and satisfaction.", "verbatimQuote": "The acceptance by an employee of a check with any restrictive endorsement as payment under this section shall not constitute a release or accord and satisfaction with respect to the disputed amount.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-restrictive-endorsement-no-release" } ] }, { "slug": "pay-frequency", "label": "How often must workers be paid, and what must a pay stub show?", "heading": "How often must workers be paid?", "answerText": "Idaho employers must pay all wages due at least once each calendar month, on regular paydays the employer designates in advance. Payment may be made in lawful money of the United States, or by check if the employee can cash it without charge. The pay period covered by a regular payday must end no more than fifteen days before that payday. If the payday falls on a nonworkday, payment must be made on an earlier workday. The director of the Idaho Department of Labor may allow an employer to pay later than that fifteen-day period on an application showing good and sufficient reasons. The director may levy a civil penalty on an employer that failed to obtain that exemption and has been determined to have undertaken a consistent pattern of untimely payment of wages; the penalty may not exceed $500 for the employer per pay period. Deductions. An employer may not withhold or divert any part of an employee's wages unless one of two conditions is met. Either state or federal law requires or empowers the employer to do so, or the employee has given written authorization for deductions for a lawful purpose. What the employee must receive. For each pay period in which deductions are made, the employer must give each employee a statement of those deductions. The cited sections do not list other items a pay stub must show. At hiring, employers must tell employees their rate of pay and the usual payday, and must put that information in writing if the employee asks. Employers must also give notice of any wage reduction before the work is performed, in writing if the employee asks.", "sources": [ { "id": "idaho-monthly-regular-payday", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-608", "citation": "Idaho Code § 45-608(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-608/", "proposition": "Idaho Code § 45-608(1) requires Idaho employers to pay all wages due at least once each calendar month on regular paydays designated in advance, in lawful money or by checks the employee can cash without charge.", "verbatimQuote": "Employers shall pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are made for the cashing of such checks without charge to the employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-monthly-regular-payday" }, { "id": "idaho-pay-period-fifteen-day-lag", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-608", "citation": "Idaho Code § 45-608(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-608/", "proposition": "Idaho Code § 45-608(2) requires that a pay period paid on a regular payday end no more than fifteen days before that payday, and that a payday falling on a nonworkday be paid on a preceding workday.", "verbatimQuote": "The end of the pay period for which payment is made on a regular payday shall be not more than fifteen (15) days before such regular payday; provided that if the regular payday falls on a nonworkday payment shall be made on a preceding workday.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-pay-period-fifteen-day-lag" }, { "id": "idaho-director-pay-lag-permission", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-608", "citation": "Idaho Code § 45-608(3)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-608/", "proposition": "Idaho Code § 45-608(3) permits the director, on an application showing good and sufficient reasons, to allow an Idaho employer to withhold wages beyond the fifteen-day period.", "verbatimQuote": "The director may, upon application showing good and sufficient reasons, permit an employer to withhold payment of wages more than the fifteen (15) day period as specified in subsection (2) of this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-director-pay-lag-permission" }, { "id": "idaho-payday-penalty-per-period", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-608", "citation": "Idaho Code § 45-608(4)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-608/", "proposition": "Idaho Code § 45-608(4) permits the director to levy a civil penalty on an Idaho employer that has failed to obtain the fifteen-day exemption and has been determined to have undertaken a consistent pattern of untimely wage payment, capped at $500 for the employer per pay period.", "verbatimQuote": "The director may, pursuant to his authority, levy a civil penalty upon any employer who has failed to obtain the exemption provided in subsection (3) of this section and who has been determined to have undertaken a consistent pattern of untimely payment of wages to his employees. Such penalty shall not exceed five hundred dollars ($500) for such employer per pay period.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-payday-penalty-per-period" }, { "id": "idaho-wage-deduction-conditions", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-609", "citation": "Idaho Code § 45-609(1)(a)-(b)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-609/", "proposition": "Idaho Code § 45-609(1) prohibits an Idaho employer from withholding or diverting wages unless state or federal law requires or empowers it, or the employee has given written authorization for deductions for a lawful purpose.", "verbatimQuote": "No employer may 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 a written authorization from the employee for deductions for a lawful purpose.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-deduction-conditions" }, { "id": "idaho-deduction-statement-required", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-609", "citation": "Idaho Code § 45-609(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-609/", "proposition": "Idaho Code § 45-609(2) requires an Idaho employer to give each employee a statement of deductions for each pay period in which deductions are made.", "verbatimQuote": "An employer shall furnish each employee with a statement of deductions made from the employee’s wages for each pay period such deductions are made.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-deduction-statement-required" }, { "id": "idaho-deduction-statement-misdemeanor", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-609", "citation": "Idaho Code § 45-609(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-609/", "proposition": "Idaho Code § 45-609(2) states that an Idaho employer's willful failure to provide the required statement of deductions is a misdemeanor.", "verbatimQuote": "The willful failure of any employer to comply with the provisions of this subsection shall constitute a misdemeanor.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-deduction-statement-misdemeanor" }, { "id": "idaho-hiring-pay-rate-notice", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-610", "citation": "Idaho Code § 45-610(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-610/", "proposition": "Idaho Code § 45-610(2) requires every Idaho employer to notify employees at hiring of the rate of pay and the usual payday, and to provide that information in writing on request.", "verbatimQuote": "Every employer shall give notice to its employees at the time of hiring of the rate of pay and the usual day of payment, and shall provide such information in writing to the employee upon the employee’s request.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-hiring-pay-rate-notice" }, { "id": "idaho-wage-reduction-advance-notice", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-610", "citation": "Idaho Code § 45-610(3)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-610/", "proposition": "Idaho Code § 45-610(3) requires every Idaho employer to notify employees of any wage reduction before the work is performed, and to provide that information in writing on request.", "verbatimQuote": "Every employer shall give notice to its employees of any reduction in wages prior to the work being performed and shall provide such information in writing to the employee upon the employee’s request.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-reduction-advance-notice" } ] }, { "slug": "worker-classification", "label": "What test does the state use to classify a worker as an employee or contractor?", "heading": "Employee or independent contractor?", "answerText": "For Idaho wage-payment claims, the Idaho Court of Appeals in Hill treats the employer's retained right to control the work as the general test of employee status. Hill looks not to the labels the parties apply but to the actual indicia of the relationship. Under that test, a person is deemed an employee when the employer retains the right to control and direct the details of the work and to set the hours and the times to start and stop. Idaho's wage-payment chapter defines an employee as any person suffered or permitted to work by an employer. The Minimum Wage Law uses similar language. To employ includes to suffer or permit to work, and an employee includes any individual employed by an employer. Under that law, an employer does not include the United States, any state or political subdivision of a state, or a labor organization except when it acts as an employer. For purposes of the employment security law, services an individual performs for pay are covered employment unless both of two conditions are shown. First, the worker has been and will continue to be free from control or direction in doing the work, both under the contract and in fact. Second, the worker is engaged in an independently established trade, occupation, profession or business. For worker's compensation purposes, title 72, chapter 1 defines an independent contractor as a person who performs services for a specified payment toward a specified result. The principal controls, or has the right to control, only the result of the work, not the means of achieving it.", "sources": [ { "id": "idaho-hill-right-to-control-test", "authorityType": "case-law", "tier": "primary-source-backed", "title": "*State ex rel. Department of Labor & Industrial Services v. Hill*", "citation": "*State ex rel. Dep't of Labor & Indus. Servs. v. Hill*, 118 Idaho 278, 796 P.2d 155 (Ct. App. 1990).", "url": "https://www.courtlistener.com/opinion/1262749/state-ex-rel-dept-of-labor-indus-serv-v-hill/", "deepLink": "https://www.courtlistener.com/opinion/1262749/state-ex-rel-dept-of-labor-indus-serv-v-hill/#:~:text=The%20general%20test%20of%20an,will%20be%20deemed%20an%20employee.", "proposition": "In *State ex rel. Department of Labor & Industrial Services v. Hill*, the Idaho Court of Appeals held that the general test of an employee/employer relationship is the right to control work, so a person is deemed an employee when the employer retains the right to control and direct the details of the work and to set its hours and start and stop times.", "verbatimQuote": "The general test of an employee/employer relationship is the right to control work. If the employer retains the right to control and to direct the activities of the employee in the details of work performed, and to determine the hours to be spent and the times to start and stop the work, the person performing work will be deemed an employee.", "date": "1990-07-23", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-hill-right-to-control-test" }, { "id": "idaho-hill-actual-indicia-over-labels", "authorityType": "case-law", "tier": "primary-source-backed", "title": "*State ex rel. Department of Labor & Industrial Services v. Hill*", "citation": "*State ex rel. Dep't of Labor & Indus. Servs. v. Hill*, 118 Idaho 278, 796 P.2d 155 (Ct. App. 1990).", "url": "https://www.courtlistener.com/opinion/1262749/state-ex-rel-dept-of-labor-indus-serv-v-hill/", "deepLink": "https://www.courtlistener.com/opinion/1262749/state-ex-rel-dept-of-labor-indus-serv-v-hill/#:~:text=When%20determining%20whether%20there%20exists,indicia%20of%20such%20a%20relationship.", "proposition": "In *State ex rel. Department of Labor & Industrial Services v. Hill*, the Idaho Court of Appeals held that whether an employee/employer relationship exists under Idaho's wage claim statute depends on the actual indicia of the relationship, not the labels the parties apply.", "verbatimQuote": "When determining whether there exists an employee/employer relationship for the purpose of Idaho's wage claim statute, we look not to the labels applied by the parties but rather to the actual indicia of such a relationship.", "date": "1990-07-23", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-hill-actual-indicia-over-labels" }, { "id": "idaho-wage-payment-employee-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-601", "citation": "Idaho Code § 45-601(4)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-601/", "proposition": "Idaho Code § 45-601(4) defines an employee, for Idaho's wage-payment chapter, as any person an employer suffers or permits to work.", "verbatimQuote": "“Employee” means any person suffered or permitted to work by an employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-payment-employee-definition" }, { "id": "idaho-minimum-wage-employ-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1503", "citation": "Idaho Code § 44-1503", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1503/", "proposition": "Idaho Code § 44-1503 states that, under the Idaho Minimum Wage Law, to employ includes to suffer or permit to work, and an employee includes any individual employed by an employer.", "verbatimQuote": "“Employ” includes to suffer or permit to work. “Employee” includes any individual employed by an employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-employ-definition" }, { "id": "idaho-minimum-wage-employer-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1503", "citation": "Idaho Code § 44-1503", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1503/", "proposition": "Idaho Code § 44-1503 states that, under the Idaho Minimum Wage Law, an employer excludes the United States, any state or political subdivision of a state, and labor organizations other than when acting as employers.", "verbatimQuote": "“Employer” includes any person employing an employee or acting directly or indirectly in the interest of an employer in relation to an employee but shall not include the United States or any state or political subdivision of a state, or any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-employer-definition" }, { "id": "idaho-employment-security-control-test", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 72-1316", "citation": "Idaho Code § 72-1316(4)(a)-(b)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title72/T72CH13/SECT72-1316/", "proposition": "Idaho Code § 72-1316(4) states that, for purposes of Idaho's employment security law, paid services are covered employment unless the worker is shown to be both free from control or direction and engaged in an independently established business.", "verbatimQuote": "Services performed by an individual for remuneration shall, for the purposes of the employment security law, be covered employment unless it is shown: (a) That the worker has been and will continue to be free from control or direction in the performance of his work, both under his contract of service and in fact; and (b) That the worker is engaged in an independently established trade, occupation, profession, or business.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-employment-security-control-test" }, { "id": "idaho-workers-comp-contractor-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 72-102", "citation": "Idaho Code § 72-102(16)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title72/T72CH1/SECT72-102/", "proposition": "Idaho Code § 72-102(16) defines an independent contractor, under Idaho Code title 72, chapter 1, as a person paid for a specified result whose principal controls only the result of the work, not the means.", "verbatimQuote": "“Independent contractor” means any person who renders service for a specified recompense for a specified result, under the right to control or actual control of his principal as to the result of his work only and not as to the means by which such result is accomplished.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-workers-comp-contractor-definition" } ] }, { "slug": "tip-credit", "label": "Does the state allow a tip credit against the cash minimum wage?", "heading": "Is a tip credit allowed?", "answerText": "Idaho employers may count tips a tipped employee actually receives toward the employee's wage, but the direct wage the employer pays must be at least $3.35 an hour. If the employee's tips plus the employer's direct wages do not at least equal the minimum wage, the employer must make up the difference. A tipped employee is one who works in an occupation in which the employee customarily and regularly receives more than $30 a month in tips. Any tips an employee shares with other employees through a tip pool or similar arrangement do not count as tips that employee actually received. If the employer and employee disagree about how much the employee received in tips, the employer bears the burden of showing the amount.", "sources": [ { "id": "idaho-tipped-direct-wage-floor", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(2) states that tips actually received count toward a tipped employee's wage in Idaho, but that the employer's direct wage may not be less than $3.35 an hour.", "verbatimQuote": "In determining the wage of a tipped employee, the amount of direct wages paid by an employer to the employee shall be deemed to be increased on account of tips actually received by the employee; provided however, the direct wages paid to the employee by the employer shall not be in an amount less than three dollars and thirty-five cents ($3.35) an hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-tipped-direct-wage-floor" }, { "id": "idaho-tipped-wage-make-up-duty", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(2) requires the Idaho employer to make up the difference when a tipped employee's tips plus direct wages fall short of the minimum wage.", "verbatimQuote": "If the tips actually received by the employee combined with the direct wages paid by the employer do not at least equal the minimum wage, the employer must make up the difference.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-tipped-wage-make-up-duty" }, { "id": "idaho-tipped-employee-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1503", "citation": "Idaho Code § 44-1503", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1503/", "proposition": "Idaho Code § 44-1503 states that, under the Idaho Minimum Wage Law, a tipped employee customarily and regularly receives more than $30 a month in tips.", "verbatimQuote": "“Tipped employee” means any employee engaged in an occupation in which he customarily and regularly receives more than thirty dollars ($30.00) a month in tips.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-tipped-employee-definition" }, { "id": "idaho-tip-pool-share-excluded", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(2) states that tips an employee shares with other employees through a tip pool or similar arrangement are not tips actually received by that employee for purposes of Idaho's tipped-wage rule.", "verbatimQuote": "Any portion of tips paid to an employee, which is shared with other employees under a tip pooling or similar arrangement, shall not be deemed, for the purpose of this section, to be tips actually received by the employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-tip-pool-share-excluded" }, { "id": "idaho-tip-dispute-employer-burden", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1502", "citation": "Idaho Code § 44-1502(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1502/", "proposition": "Idaho Code § 44-1502(2) states that, in a dispute over the amount of tips an employee actually received, the Idaho employer bears the burden of demonstrating that amount.", "verbatimQuote": "In the event a dispute arises between the employee and the employer with respect to the amount of tips actually received by the employee, it shall be the employer’s burden to demonstrate the amount of tips actually received by the employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-tip-dispute-employer-burden" } ] }, { "slug": "enforcement", "label": "How is wage-and-hour law enforced, and can employees sue?", "heading": "How is it enforced?", "answerText": "Idaho workers owed wages under the wage-payment chapter may file a wage claim with the Idaho Department of Labor or, as an alternative, sue in any court of competent jurisdiction. Department wage claims (title 45, chapter 6). The director may hold hearings, investigate actual or alleged violations, and issue orders for the administrative remedies the chapter authorizes. Not counting potential penalties, wage claims filed with the department are capped at the same dollar amount that caps small claims cases in magistrate court. Once a wage claim is properly filed with the department, the department-claim section provides the exclusive remedy for resolving it. The department may award a penalty only if it specifically finds that wages were withheld willfully, arbitrarily and without just cause. Lawsuits (title 45, chapter 6). A court judgment for the employee may include costs and attorney's fees reasonably incurred. The employee recovers whichever is greater: the unpaid wages plus the late-pay penalties, or three times the unpaid wages. An employee who sues on a claim the employee knew was false when filing is liable for the employer's attorney's fees and costs in defending against that claim. Knowingly making a false wage claim is also a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or both. Filing deadlines (title 45, chapter 6). Claims for wages, penalties and liquidated damages must be filed with the department or in court within two years after the claim accrues. If wages were paid for a pay period and the employee claims more for work in that period, the deadline is twelve months from accrual. Wage liens (title 45, chapter 6). Once a lien notice is properly filed, all amounts due become a lien on the person's entire legal or equitable interest in any nonexempt property in Idaho, real or personal. Minimum Wage Law (title 44, chapter 15). When the director has reason to believe an employer is violating, or will violate, the Minimum Wage Law, the director may sue to stop the conduct and enforce compliance. A claim for unpaid minimum wages may be treated as a wage claim under the wage-payment chapter. Such a claim is not subject to the dollar cap on department wage claims. A court action for those wages must be filed within two years after the claim accrues. Retaliation. The wage-payment chapter bars employers from firing or otherwise retaliating against an employee for complaining of unpaid wages to the employer or the department, for suing over unpaid wages, or for testifying, or being about to testify, in a department investigation or hearing. Separately, the Minimum Wage Law bars employers from firing or otherwise discriminating against an employee for complaining of not being paid as that law requires. Records and posting. Under the wage-payment chapter, employment records must be kept for at least three years after the employee's last day of service. Under the Minimum Wage Law, every covered employer must post a summary of the law, which the director furnishes free of charge, in a conspicuous place where employees work or in a place employees can reach.", "sources": [ { "id": "idaho-wage-claim-court-alternative", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-615", "citation": "Idaho Code § 45-615(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-615/", "proposition": "Idaho Code § 45-615(1) permits any person, instead of filing a wage claim with the Idaho Department of Labor, to assert a wage claim under the wage-payment chapter in any court of competent jurisdiction or to pursue any other legal remedy.", "verbatimQuote": "As an alternative to filing a wage claim with the department, any person may assert a wage claim arising under this chapter in any court of competent jurisdiction or pursue any other remedy provided by law.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-claim-court-alternative" }, { "id": "idaho-director-wage-hearings-orders", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-616", "citation": "Idaho Code § 45-616(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-616/", "proposition": "Idaho Code § 45-616(1) states that the director is empowered to hold hearings, investigate actual or alleged violations of the wage-payment chapter, and issue orders for authorized administrative remedies.", "verbatimQuote": "The director is empowered to hold hearings and otherwise investigate violations or alleged violations of this chapter and any rules promulgated pursuant thereto, and to issue orders for administrative remedies as authorized.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-director-wage-hearings-orders" }, { "id": "idaho-department-claim-dollar-limit", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-617", "citation": "Idaho Code § 45-617(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-617/", "proposition": "Idaho Code § 45-617(1) states that wage claims filed with the Idaho Department of Labor, excluding potential penalties, are capped at the dollar limit for small claims actions in magistrate court.", "verbatimQuote": "Wage claims filed with the department, excluding potential penalties, are limited by the same dollar amount that limits actions before the small claims department of the magistrate division of the district court.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-department-claim-dollar-limit" }, { "id": "idaho-department-claim-exclusive-remedy", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-617", "citation": "Idaho Code § 45-617(3)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-617/", "proposition": "Idaho Code § 45-617(3) states that once a wage claim is properly filed with the Idaho Department of Labor, the department-claim section provides the exclusive remedy for resolving it.", "verbatimQuote": "Once a wage claim has been properly filed with the department, the provisions of this section shall provide the exclusive remedy for resolving the wage claim.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-department-claim-exclusive-remedy" }, { "id": "idaho-department-penalty-willful-finding", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-617", "citation": "Idaho Code § 45-617(4)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-617/", "proposition": "Idaho Code § 45-617(4) states that the Idaho Department of Labor may award a penalty only on a specific finding that wages were withheld willfully, arbitrarily and without just cause.", "verbatimQuote": "No penalty shall be awarded by the department unless a specific finding is made that wages were withheld willfully, arbitrarily and without just cause.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-department-penalty-willful-finding" }, { "id": "idaho-wage-suit-fees-treble-damages", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-615", "citation": "Idaho Code § 45-615(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-615/", "proposition": "Idaho Code § 45-615(2) states that a prevailing wage-claim plaintiff may recover costs and reasonable attorney's fees plus the greater of unpaid wages with late-pay penalties or three times the unpaid wages.", "verbatimQuote": "Any judgment rendered by a court of competent jurisdiction for the plaintiff in a suit filed pursuant to this section may include all costs and attorney’s fees reasonably incurred in connection with the proceedings and the plaintiff shall be entitled to recover from the defendant either the unpaid wages plus the penalties provided for in section 45-607, Idaho Code; or damages in the amount of three (3) times the unpaid wages found due and owing, whichever is greater.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-suit-fees-treble-damages" }, { "id": "idaho-false-wage-claim-fee-liability", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-612", "citation": "Idaho Code § 45-612(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-612/", "proposition": "Idaho Code § 45-612(2) states that an employee who sues for unpaid wages on a claim the employee knew was false is liable for the employer's attorney's fees and costs in defending against that claim.", "verbatimQuote": "Any employee initiating a civil proceeding to collect unpaid wages or other compensation, which is based in whole or in part on a false claim which the employee knew to be false at the time the employee brought the action, shall be liable for attorney’s fees and costs incurred by the employer in defending against the false claim.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-false-wage-claim-fee-liability" }, { "id": "idaho-false-wage-claim-misdemeanor", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-612", "citation": "Idaho Code § 45-612(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-612/", "proposition": "Idaho Code § 45-612(1) states that knowingly making a false wage claim under the wage-payment chapter is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both.", "verbatimQuote": "Any person making a false claim for wages or other compensation under this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punishable by confinement in the county jail for a period not to exceed six (6) months, or by a fine, not to exceed one thousand dollars ($1,000), or both.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-false-wage-claim-misdemeanor" }, { "id": "idaho-wage-claim-limitation-periods", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-614", "citation": "Idaho Code § 45-614", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-614/", "proposition": "Idaho Code § 45-614 requires that claims for wages, penalties and liquidated damages be filed with the department or in court within two years of accrual, or within twelve months when wages were paid and additional amounts are claimed for that pay period.", "verbatimQuote": "Any person shall have the right to collect wages, penalties and liquidated damages provided by any law or pursuant to a contract of employment, but any action thereon shall be filed either with the department or commenced in a court of competent jurisdiction within two (2) years after the cause of action accrued, provided, however, that in the event salary or wages have been paid to any employee and such employee claims additional salary, wages, penalties or liquidated damages, because of work done or services performed during his employment for the pay period covered by said payment, any action therefor shall be commenced within twelve (12) months from the accrual of the cause of action.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-claim-limitation-periods" }, { "id": "idaho-untimely-wage-claim-barred", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-614", "citation": "Idaho Code § 45-614", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-614/", "proposition": "Idaho Code § 45-614 states that a wage claim not brought within the statutory filing periods is forever barred.", "verbatimQuote": "In the event an action is not commenced as herein provided, any remedy on the cause of action shall be forever barred.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-untimely-wage-claim-barred" }, { "id": "idaho-wage-claim-property-lien", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-620", "citation": "Idaho Code § 45-620(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-620/", "proposition": "Idaho Code § 45-620(2) states that once a wage-lien notice is duly filed, all amounts due become a lien on the person's entire interest in any nonexempt property situated in Idaho.", "verbatimQuote": "When such notice is duly filed, all amounts due shall constitute a lien upon the entire interest, legal or equitable, in any property of such person, real or personal, tangible or intangible, not exempt from execution, situated in the state.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-claim-property-lien" }, { "id": "idaho-director-minimum-wage-injunction", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1508", "citation": "Idaho Code § 44-1508(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1508/", "proposition": "Idaho Code § 44-1508(1) permits the director of the Idaho Department of Labor to sue to enjoin an employer's actual or threatened violation of the Minimum Wage Law and to enforce compliance.", "verbatimQuote": "When the director of the department of labor has reason to believe that an employer is engaged in an act or practice which violates or will violate a provision of chapter 15, title 44, Idaho Code, he may bring an action in a court of competent jurisdiction to enjoin the act or practice, and to enforce compliance with the provisions of chapter 15, title 44, Idaho Code.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-director-minimum-wage-injunction" }, { "id": "idaho-minimum-wage-claim-chapter-six", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1508", "citation": "Idaho Code § 44-1508(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1508/", "proposition": "Idaho Code § 44-1508(2) permits a claim for unpaid Idaho minimum wages to be treated as a claim for wages due under the wage-payment chapter.", "verbatimQuote": "A claim for unpaid minimum wages as set forth in section 44-1502, Idaho Code, may be treated as a claim for wages due and owing under chapter 6, title 45, Idaho Code.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-claim-chapter-six" }, { "id": "idaho-minimum-wage-claim-no-dollar-limit", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1508", "citation": "Idaho Code § 44-1508(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1508/", "proposition": "Idaho Code § 44-1508(2) states that a minimum-wage claim treated as a wage-payment claim is not subject to the dollar limit on department wage claims.", "verbatimQuote": "Such claim shall not be subject to the limitation contained in section 45-617(1), Idaho Code.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-claim-no-dollar-limit" }, { "id": "idaho-minimum-wage-action-two-years", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1508", "citation": "Idaho Code § 44-1508(2)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1508/", "proposition": "Idaho Code § 44-1508(2) requires that a court action for unpaid minimum wages under the Idaho Minimum Wage Law be commenced within two years after the claim accrues.", "verbatimQuote": "Any action for such wages must be commenced in a court of competent jurisdiction within two (2) years after the cause of action shall have accrued.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-action-two-years" }, { "id": "idaho-wage-payment-retaliation-bar", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-613", "citation": "Idaho Code § 45-613", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-613/", "proposition": "Idaho Code § 45-613 prohibits an Idaho employer from discharging or retaliating against an employee for complaining or suing about unpaid wages, or for testifying in a department investigation or hearing.", "verbatimQuote": "No employer shall discharge or in any other manner retaliate against any employee because that employee has made a complaint to the employer, or to the department, or filed suit alleging that the employee has not been paid in accordance with the provisions of this chapter, or because the employee has testified or may be about to testify in an investigation or hearing undertaken by the department.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-wage-payment-retaliation-bar" }, { "id": "idaho-minimum-wage-retaliation-bar", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1509", "citation": "Idaho Code § 44-1509(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1509/", "proposition": "Idaho Code § 44-1509(1) prohibits an Idaho employer from discharging or discriminating against an employee for complaining of not being paid as the Minimum Wage Law requires.", "verbatimQuote": "No employer shall discharge or in any other manner discriminate against any employee: (1) Because the employee has made complaint that he has not been paid wages in accordance with chapter 15, title 44, Idaho Code.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-retaliation-bar" }, { "id": "idaho-employment-records-three-years", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 45-610", "citation": "Idaho Code § 45-610(1)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-610/", "proposition": "Idaho Code § 45-610(1) requires that Idaho employment records be kept for at least three years after the employee's last date of service.", "verbatimQuote": "Employment records must be maintained for a minimum period of three (3) years from the last date of the employee’s service.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-employment-records-three-years" }, { "id": "idaho-minimum-wage-summary-posting", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Idaho Code § 44-1507", "citation": "Idaho Code § 44-1507", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title44/T44CH15/SECT44-1507/", "proposition": "Idaho Code § 44-1507 requires every employer subject to the Idaho Minimum Wage Law to post the director's summary of that law in a conspicuous place where employees work or can access it.", "verbatimQuote": "Every employer subject to this act shall keep a summary of this act, furnished by the director of the department of labor, without charge, posted in a conspicuous place, in or about the premises wherein any person subject to the act is employed, or in a place accessible to his employees.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/idaho#src-idaho-minimum-wage-summary-posting" } ] } ] } }