Idaho Labor Laws

In the US, there are federal laws in place to manage the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check, and minimizing any forms of abuse or exploitation.

The Fair Labor Standards Act (FLSA), which dates back to 1938, is a critical federal law for time management, setting hourly wage rates and overtime pay, and requiring employers to keep an accurate record of their employees’ working hours. Overtime is pegged at 1.5 times the regular hourly rate for workers who exceed 40 hours a week. However, certain job categories, including executives, professionals, and administrative employees, are exempt from overtime pay depending on their job description and salary.

The Family and Medical Leave Act (FMLA) is another essential federal law that governs time management in the workplace, entitling eligible employees to up to 12 weeks of unpaid leave for specific family and medical reasons, such as the birth or adoption of a child or caring for a family member with a serious health condition. This act also requires employers to maintain employees’ health benefits during their leave and restore them to their previous or equivalent positions upon their return to work.

Employers who contravene federal time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated federal time management laws, they can file complaints with the Department of Labor’s Wage and Hour Division for investigation and legal action.

Overall, federal time management laws are instrumental in ensuring that workers are compensated fairly for their time and effort in the workplace, protecting them from abuse and exploitation by employers. The Fair Labor Standards Act and the Family and Medical Leave Act are vital federal laws that govern time management and worker compensation, ensuring fair labor practices across various sectors, including non-profit, public, and private organizations.

When it comes to hiring in Idaho, it’s important to consider the Idaho Human Rights Act. This act prohibits discrimination based on certain factors, including but not limited to:

• Race or color
• Sex
• National origin
• Age
• Disability

In 28 US States, such as Idaho, there are laws that try to limit what union organizations can do. These laws are called “Right-to-Work” laws, and they basically make it illegal for employers to require their employees to join a union in order to keep their job. Furthermore, in Idaho, unions need to obtain written permission from their members before charging any representation fees.

In Idaho, the “employment-at-will” doctrine is used, which allows either the employer or the employee to terminate the employment at any time, without giving a specific reason. Once the employment is terminated, the employee has to be given their final paycheck within 10 days (excluding weekends and holidays). However, if the employee submits a written request, the payment can be sped up, and they should receive their payment within 48 hours (excluding weekends and holidays). If the employee is not being paid hourly or on a salaried basis, the due wages have to be paid on the next regularly scheduled payday.

Now, we will discuss some key labor laws in Idaho that may not be related to the categories we have previously explored. Some of these regulations include:

• COBRA Laws – When an employee leaves their job, they may still be able to receive extended health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Certain major life events, such as termination or significant reduction of work hours, employee death, divorce or legal separation, and loss of dependent child status can qualify them or their dependents to receive this coverage. If eligible, they can extend their health insurance (which they will have to pay for themselves) by up to 36 months. To learn more about these options, check out the Leave and COBRA Options page published by the Idaho Office of Group Insurance.
• OSHA Laws – In Idaho, there is currently no state plan for occupational safety that has been approved at the federal level. This means that the state relies on the Occupational Safety and Health Administration (OSHA) to ensure that workplace safety regulations are being followed. Under the OSH Act, hazardous substances must be handled according to certain standards, and employees must receive appropriate training for working in dangerous environments. If you suspect that your employer is not complying with these regulations, you can file a complaint with the local OSHA office in the city of Boise. Staff members may then conduct a safety inspection on-site if necessary.
• Whistleblower Protection Laws – Idaho law safeguards public employees who blow the whistle on government resource waste or legal violations, preventing any form of retaliation or limitation on reporting. However, such benefits are not extended to private employees in the state.
• Background Check Laws – In Idaho, certain professions are mandated by law to perform background checks on potential employees before hiring them. These professions include personnel working in schools, staff at childcare facilities, employees working in senior care homes, workers dealing with disabled individuals, bank employees, alcohol permit holders, and truck drivers. Apart from previous employment records, a background check may also include credit information or criminal records. In order to perform a background check, an employer must obtain written consent from the job applicant. However, medical records are not accessible to employers as they are private information.
• Laws Concerned with Employer Use of Social Media – Employers in Idaho are allowed to monitor their employees’ social media usage and any misconduct observed on these platforms can potentially lead to termination from their jobs.
• Drug and Alcohol Testing Laws – In Idaho, it is permissible for private employers to conduct drug and alcohol tests on their employees, both when hiring and throughout the course of employment. However, these procedures must adhere to the guidelines set forth in the Americans With Disabilities Act. Results from tests conducted by third-party entities, such as law enforcement or hospitals, may also be utilized. It should be noted that a positive test result is regarded as misconduct under state unemployment benefit laws.
• The Davis-Bacon Act – In Idaho, contractors who work on federal contracts related to public buildings have their wages regulated by the Davis-Bacon Act. This act requires that contractors and any subcontractors they work with are paid at least the prevailing wage, which includes fringe benefits. The wages and benefits are determined by the US Secretary of Labor and are based on similar projects in the same geographical area.
• Recordkeeping Laws – According to Idaho law, it is mandatory to retain employee records for a minimum of 3 years. These records are:
  • Employee’s name
  • Occupation
  • Home address
  • Sex
  • Date of birth (if under 19)
  • Hour and day of the beginning of the workweek
  • Total hours worked each workday and workweek
  • Total daily or weekly straight-time earnings
  • Regular hourly pay rate
  • The total amount of overtime pay per workweek
  • Any wage deductions
  • Total wages for each pay period
  • Date of wage payment along with pay period covered

In Idaho, the state minimum wage is the same as the federal minimum wage, which currently stands at $7.25 per hour. Meanwhile, tipped employees who earn over $30 in wages are also subject to federal standards and entitled to a minimum of $3.35 per hour in Idaho. However, if this amount, combined with tips, does not reach the federal minimum wage, the employer must make up the difference. On the other hand, minors under 20 who are starting a new job in Idaho can be paid a training minimum wage of $4.25 per hour, but only for the first 90 calendar days of work.

In Idaho, certain jobs are exempt from minimum wage requirements. This means that some employees in these occupations are not subject to any regulations regarding a minimum wage. These employees are:

• Executives, professionals, administrative staff and outside salespersons
• Domestic service providers

In Idaho, employers must pay their workers at least once per month. The exact payday should be set in advance and no more than 15 days after the pay period ends. If the payday falls on a day off, the wages can be paid on the next workday.

Idaho makes use of the Fair Labor Standards Act (FLSA) to ensure that overtime regulations are followed. According to the act, employees who work for more than 40 hours per week, unless exempt, must receive 1.5 times their standard wage as overtime pay. This is applicable to any 168-hour period that regularly occurs, even if it does not align with the calendar week.

In accordance with federal FLSA regulations, Idaho acknowledges specific instances where workers are exempted from receiving overtime pay. For those who make a minimum of $684 weekly, certain job categories fall under this exemption. Besides the employees who earn at least $684 weekly, there is a full list of exemptions:

• Executives, professionals, administrative staff — including educators and computer workers
• Outside salespersons
• Staff at seasonal amusement and recreation establishments
• Casual babysitters
• Certain commissioned employees (auto, truck, farm equipment and similar)
• Taxi drivers
• Farm workers
• Employees engaged in certain agricultural operations
• Employees of certain bulk petroleum distributors
• Employees without a high school diploma, who can be required to spend up to 10 hours in a workweek on remedial training (paid at their regular hourly rate)
• Hospital and residential care staff, who can work on a 14 day workweek

Learn more in detail about Idaho Overtime Laws.

In Idaho, employers are not obligated by law to offer break or rest periods to their employees. However, if the employment contract includes these terms, federal regulations apply in managing the offered breaks. This means that breaks of up to 20 minutes are considered part of the total hours worked and should be compensated. If the meal break lasts longer than 30 minutes, it does not need to be paid unless the employee is required to continue working during the break.

According to federal law, employers are required to allow nursing mothers to take breaks for up to a year after giving birth in order to express their breast milk. A private area, not including a bathroom, should be provided where the employee can have a reasonable amount of time to complete the task. These breaks do not have to be compensated.

Idaho provides two types of leaves – required and non-required leaves.

The following are the required leave types that Idaho employers must provide to their employees:

• Family and Medical Leave – The Family and Medical Leave Act of 1993 allows eligible employees to take extended, unpaid time off while protecting their jobs. To be eligible, employees must work for a covered employer for at least 12 months and accrue at least 1,250 hours. Those who meet these requirements can take up to 12 weeks (or 480 hours) of unpaid leave for situations such as caring for a newborn or foster/adopted child, caring for a family member with a serious illness, or being incapacitated themselves by a serious illness.
• Military Leave – As part of the family and medical leave program, there are special provisions for military personnel and their families. Specifically, there are two types of military family medical leave: Standard FML and Service member FML. The former allows for up to 12 weeks of leave for family members of military personnel currently on active duty or preparing for it. The latter provides up to 26 weeks of leave for employees caring for a family member who sustained a serious injury while on active military duty.
• Jury Duty Leave – In Idaho, it’s against the law for employers to retaliate against any employee who’s fulfilling their jury duty obligations. That said, employers are not obligated to compensate said employees for this time and may request that they use their accrued leave instead.

The non-required leave types are:

• Sick Leave – In Idaho, there is no mandatory sick leave requirement for workers employed by private companies. However, those who work for the State can potentially accrue sick leave at a rate of 1 hour for each 22 hours worked.
• Bereavement Leave – Idaho employers are not required to offer bereavement leave unless it has been explicitly mentioned in their mutual contract.
• Voting Time Leave – As of the first quarter of 2022, there are no laws in Idaho that specifically address taking time off from work to vote.
• Vacation and Holiday Leave – Idaho law does not require employers to provide vacation or holiday leave to their employees.

The following are the official federal holidays observed in the US:

In Idaho, child labor is regulated by federal FLSA laws. These laws categorize minors as those under 16 and those aged 16 and 17. There are different work hour restrictions and prohibited occupations for each category.

The laws regarding underage workers vary depending on their age. Kids who are 14 or 15 can work up to 3 hours per day or 18 hours per week during the school year. During breaks, however, they are allowed to work up to 8 hours per day or 40 hours per week. They can also start their shifts at 7 a.m. and continue until 7 p.m. during the school year. This limit is extended to 9 p.m. from June until Labor Day. As for 16 and 17-year-olds, they are subject to no restrictions when it comes to the number of hours they can work.

The regulations set forth by the FLSA also address the prohibition of minors from working in occupations that are considered to be too dangerous. Some examples of these occupations are:

• Handling or being near any type of explosives
• Operating a motor vehicle or working as an outside helper
• Mining or quarrying
• Logging
• Operating power-driven machinery