Idaho overtime laws are in place to ensure that employee compensation rights are protected and compliance with these laws is mandatory for employers. As of 2024, Idaho overtime laws are rooted within the Fair Labor Standards Act (FSLA), a federal law. Idaho has no separate overtime laws, and employers must compensate employees for hours worked beyond the standard workweek based on FSLA policies.
Overtime is essential in several industries for meeting customer demands and addressing labor shortage. However employers in these industries must know the legal requirements and the general labor laws. This article details the specifics of Idaho overtime laws, providing a foundational understanding for employers.
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What are the Hiring, Working & Termination Laws in Idaho?
Idaho has specific laws that rule hiring, working, and termination policies within a workplace. These laws are designed to balance the rights and responsibilities of employers and employees. Therefore, employers must understand these laws to manage the workforce effectively and avoid legal pitfalls.
1. Hiring laws
All the hiring practices must adhere to the Idaho Human Rights Act. There are several provisions in this Act for employers to follow.
- Non-discrimination: Employers must adhere to federal and state non-discrimination laws. No employee can be discriminated against based on race, color, religion, sex, national origin, age, disability, or genetic information.
- Right to Work State: Idaho is one of the 28 states that limit the reach of union organizations. As a “right to work” state, employees in Idaho cannot be required to join a union or pay union dues as a condition of employment.
- Employment-at-Will: As of 2024, Idaho still follows the “employment-at-will” doctrine, allowing the employer or employee to terminate employment at any time for any legal reason. Employees must be paid their dues within ten days from termination. However, employees can submit a request to speed up the compensation pay to 48 hours. The payment must be made on the next scheduled regular payday for non-salaried, non-hourly workers.
2. Working laws
- Wage and Hour Laws: Employers must comply with minimum wage requirements and pay overtime at 1.5 times the regular rate for hours worked over 40 in a workweek unless exempt.
3. Termination laws
- Notice Requirements: Idaho state doesn’t require employers to provide notice before terminating an employee due to the at-will employment policy.
- Severance Pay: Idaho law does not require severance pay unless stipulated in an employment contract or employer policy.
Final paycheck in Idaho
There are clear guidelines in Idaho overtime laws regarding an employee’s final paycheck upon the termination, whether by resignation, discharge, or layoff.
While in some states, employment laws mandate that the final paycheck must be provided immediately, Idaho laws don’t have this requirement. If an employee resigns or is terminated, the last paycheck must be given on the next regular payday or within ten days of resignation, whichever occurs first, excluding weekends and holidays.
The final paycheck should include all wages or salary earned, including any accrued vacation pay, if the employer’s policy or employment contract provides such payment upon termination.
What Are the Key Labor Laws in Idaho?
Employers in Idaho must keep compliance with various Labor laws. Ensuring compliance with these laws is a legal requirement and helps companies provide a fair, safe working environment.
Here are the essential Labor laws in Idaho.
- COBRA Laws: The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families the right to choose to continue group health benefits even if the worker leaves the job. All employers in the state with 20 or more employees offering health insurance must comply with COBRA regulations. Such employers must provide employees and their families the option of continued healthcare coverage for up to 36 months in events like job loss, reduced work hours, death, divorce, and other life events.
- OSHA Laws: The federal Occupational Safety and Health Administration (OSHA) enforces standards to ensure a safe and healthful workplace because, as of 2024, Idaho doesn’t have any state occupational safety law. Therefore, all employers must adhere to federal OSHA standards, provide a workplace free from recognized hazards, conduct training in a language and vocabulary employees can understand, and keep records of work-related injuries and illnesses.
- Whistleblower Protection Laws: Idaho’s Whistleblower Act (Idaho Code 6-2104) protects public employees from retaliation who report a waste of public resources, violation, or suspected violation of state or federal law or regulation. Employers are prohibited from retaliating against employees who participate in such reporting. However, private employees are not protected by the Whistleblower Protection Laws.
- Background Check Laws: Idaho labor laws mandate employers in specific sectors to conduct background checks on employees before hiring them. This includes school employees, senior care homes, staff at childcare facilities and senior care homes, workers dealing with disabled individuals, alcohol permit holders, bank employees, and truck drivers. For background checks, employers can do criminal and credit checks. However, they should seek consent in writing from employees before such checks. Also, employers cannot access medical records as they are private records.
- Laws Concerned with Employer Use of Social Media: Idaho allows employers to monitor their employees’ social media activities. An employee can be terminated if their social media activities are found to be violating or harming the employment policies.
- Drug and Alcohol Testing Laws: Private employees in Idaho have legal rights to conduct drug and alcohol testing for new hires and employees during their employment period. However, the test for drugs and alcohol must follow the guidelines of the Americans with Disabilities Act. Testing is generally permissible pre-employment, post-accident, for reasonable suspicion, or on a random basis.
- The Davis-Bacon Act: All public sector contractors and subcontractors in the construction industry in Idaho must adhere to the Davis-Bacon Act. Employers engaged in such contracts must pay their laborers and mechanics locally prevailing wages and fringe benefits as determined by the Department of Labor.
- Recordkeeping Laws: Employers in Idaho must maintain accurate employment records for each employee, including details like name, address, occupation, hours worked each day and week, wages paid, and more. These records should be kept for at least three years and made available for inspection by the Idaho Department of Labor.
- Idaho Payment Laws: Idaho payment laws encompass several regulations regarding regular pay periods and wages. Every employer in the state must adhere to these laws to ensure workers are paid fairly and on time.
According to Idaho Code § 45-608 : Employers must pay employees wages at least once a month on a designated payday.
Law clearly states, “Nothing contained herein shall prohibit an employer from depositing wages due or from becoming due or an advance of wages to be earned in an account in a bank, savings and loan association or credit union of the employee’s choice, provided that the employee has voluntarily authorized such deposit.”
Payment should be made within 15 days of the completion of the pay period.
An employer can withhold payments for more than 15 days for good and sufficient reasons.
What is the Minimum Payment in Idaho?
In 2024, Idaho’s minimum wage laws follow the federal minimum wage, and there is no state-established higher minimum wage rate. Therefore, employers must pay workers at least $7.25 per hour.
Tipped minimum wage in Idaho: Tipped employees are the ones who regularly receive more than $30 per month in tips. In Idaho, employers can pay a lower minimum wage to tipped employees as long as their tips, combined with the wages, equal at least the federal minimum wage.
Tipped employees can be paid a minimum wage of $3.35 per hour. Employers are responsible for ensuring that tipped employees receive enough tips to make up the difference between the tipped minimum wage and the standard minimum wage. If not, the employer must make up the difference.
What is the minimum wage in Idaho?
The state allows for a subminimum wage for minors underage the age of 20 during their training period, which is the first 90 days of their employment. Subminimum wage is $4.25 per hour and is only applicable for a limited time, as defined by law.
What are the exceptions to minimum payment in Idaho?
Idaho Code Section 44-1504 outlines specific exceptions to the minimum wage requirements. These professions include executives, professionals, administrative staff, agricultural workers, outside sales, and individuals employed by a parent or sibling.
What is the Payment Due Date in Idaho?
Idaho overtime laws require employers to establish regular pay periods and pay employees at least once a month or at more frequent intervals if agreed upon. Employees must be paid wages on regular paydays designated in advance or not later than 15 days after the pay period ends. If a payday falls on a non-workday, payment should be made on the preceding workday.
What are Overtime Exceptions and Exemptions in Idaho?
Idaho overtime laws are in symmetry with the federal laws on overtime exemptions. All non-exempt employees must be paid overtime at 1.5 times their regular pay rate for all hours worked over 40 in a workweek. There are exemptions for employees who make $684 a week. Most of the exceptions are based on the job roles.
Here are the professional exceptions and exemptions to this rule:
- Executives
- Administrative employees
- Professionals
- Taxi drivers
- Agricultural workers
- Babysitters
- Hospital and residential care staff working a 14-day workweek schedule
- Employees engaged in outside sales
- Employees of certain seasonal and recreational establishments
What are Idaho Time Off/Break Laws?
Idaho has no state policy regarding time off and breaks. This signifies that private employers are not obligated to provide employees with meals or rest breaks. Still, most employees choose to offer breaks to boost productivity in the workforce.
If an employer chooses to provide breaks, short breaks (usually 20 minutes or less) must be counted as compensable work hours. Any breaks of 30 minutes or more are not required to be paid for.
What are Idaho Breastfeeding Laws?
Idaho law supports nursing mothers in the workplace. Employers are encouraged to provide reasonable break time and a private space (other than a bathroom) for breastfeeding mothers to express breast milk for up to one year after the child’s birth. While nursing breaks are mandatory under breastfeeding laws, employers are not required to compensate for these breaks.
What are the Idaho Leave Laws?
Employee leave rights in Idaho encompass various categories, including required and non-required leaves. Employers must understand their obligations regarding these types of leave to avoid legal liabilities.
Idaho does not require private employers to provide paid or unpaid sick leave, vacation, or holidays. An employer must adhere to their established policy or employment contract if they choose to provide these benefits.
What is Idaho Required Leave?
Here is a list of required leave that every employer must provide to employees:
- Family and Medical Leave: Idaho has no separate family and medical leave law and mandates the federal Family and Medical Leave Act (FMLA) for employers. All employers with 50 or more workers must provide eligible employees up to 12 weeks of unpaid leave for specific family and medical reasons.
- Military Leave: In line with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), Idaho employers must provide unpaid leave for employees called to perform military service and guarantee reinstatement to their jobs upon return. Such employees are protected under FMLA and Service Member FML. Under general FMLA, employees related to people serving military duty are provided 12 weeks of unpaid leave, and Service Member FML offers 26 weeks of unpaid leave to care for a family member injured during active duty.
- Jury Duty Leave: All Idaho employers must provide unpaid time off for employees summoned to serve on jury duty. Employers cannot penalize or terminate employees for taking time off to serve on a jury.
What is Idaho Non-Required Leave?
- Sick Leave: Idaho does not require private employers to provide paid or unpaid sick leave, vacation, or holidays. An employer must adhere to their established policy or employment contract if they choose to provide these benefits. However, state employees accrue sick leave at a rate of 1 hour for every 22 hours worked.
- Bereavement Leave: Employers are not required to provide bereavement leave, and it depends on their choice. However, if agreed in the work contract, bereavement leave must be provided.
- Voting Time Leave: As of 2024, no specific law in Idaho requires employers to give time off to vote. Allowing employees to vote during working hours is at the employer’s discretion.
- Vacation and Holiday Leave: Idaho does not require employers to provide vacation and holiday leave.
The official federal holidays observed in Idaho include:
| State Official Holidays | Date |
| New Year’s Day | 1 January |
| Martin Luther King Jr. Civil Rights Day | Third Monday in January |
| Washington’s Birthday | Third Monday in February |
| Memorial Day | Last Monday in May |
| Independence Day | 4 July |
| Labor Day | First Monday in September |
| Columbus Day | Second Monday in October |
| Election Day | Every other year |
| Veterans Day | 11 November |
| Thanksgiving Day | Fourth Thursday in November |
| Christmas Day | 25 December |
What are Idaho Child Labor Laws?
Idaho has child labor laws to protect the health and education of minors under the age of 16, 16, and 17. These laws specify the permissible work hours and types of employment for minors, ensuring their well-being is not compromised.
What are the Laws on Working Hours for Minors in Idaho?
Minors 14 and 15 are restricted regarding their work hours and times. They can work up to 3 hours a day and 18 hours a week during the school year. They are generally not permitted to work before 7 AM or after 7 PM, with extended hours to 9 PM during the summer vacation. Such minors can work 18 hours per week when school is in session and 40 when school is not.
Minors aged 16 and 17 have no such restrictions but are still protected by child labor laws. They can work up to 48 hours per week and up to 8 hours per day.
What are the Banned Jobs for Minors in Idaho?
There are specific jobs that are considered hazardous, and Idaho’s child labor policy bans them for minors. The regulations are based on the Fair Labor Standards Act (FLSA) and are meant to prevent minors from working in dangerous conditions.
Such jobs include:
- Working with explosives
- Mining or quarrying
- Handling vehicles
- Working as an outside helper
- Logging
- Operating heavy machinery such as power-driven tools
Here’s a complete list of banned jobs for minors.
How can Truein help with Overtime pay management for Idaho based employers?
Truein is a cloud-based, hardware-less time tracking and attendance management software designed to streamline attendance management.
With 70+ customizable policies, you can create policies that comply with Idaho’s labor laws. It also offers the flexibility of setting policies as per location or staff category.
Additionally with Truein, you can calculate time and attendance accurately thereby optimizing payroll processes and ensuring accurate employee compensation. With features such as automated time tracking, overtime calculations, job based time tracking, Truein simplifies overtime pay management for employers. This in turn reduces the administrative burden for HR and helps mitigate compliance risks.
This can be especially useful for Idaho employers with a contract or distributed workforce working out of multiple locations in industries such as construction, manufacturing, supply chain, retail, etc.
Multiple clock in clock out, break time tracking, mobile app access, notifications and alerts are other useful features that help businesses track and improve work efficiency saving both time and thousands of dollars every year in lost productivity.
You can learn about Truein’s complete overtime tracking features here and sign up for a free demo here.
Conclusion
Idaho overtime laws and labor regulations are complex. Employers must understand their obligations and responsibilities towards employees to ensure compliance and fair treatment of their workforce. Employers can ensure accurate overtime pay management while safeguarding their business from legal liabilities by leveraging tools like Truein.
