Idaho Employment Laws: What are Employment Laws in Idaho?
Employment laws are a set of rules and regulations codified into laws which affirms the rights, duties, and obligations for employees, employers, and legalized labor unions with the aim of adjusting the deficiencies in the inequalities of bargaining powers amongst employees and employers. Throughout the 20th century, the United States has created laws that provide the basic social and economic rights for employees. The first law created was the Fair Labor Standards Act of 1938, and throughout the following years have created other forms of legislation to improve on the foundation of improving the socio-economic status of workers.
Employment Laws in Idaho
According to Title 44 of the Idaho Statutes of the State Legislature, the state guarantees certain rights to workers and employees working in businesses operating within the state. These laws are categorized into the following sections:
Minimum Wage: According to Idaho Minimum Wage Law, all employees unless specifically exempted, need to pay at least $5.15 per hour; and is pegged at the federal minimum wage specifications. For tipped employees, the minimum wage is set at $3.35. For both regular as well as tipped employees, the minimum wage is applicable from September 1, 1997.
In addition, for newer employees below 20 years of age, the minimum wage is set at $4.25 for the first ninety days of consecutive employment. Furthermore, employers are prohibited to employ workers for more than forty hours in a workweek consisting of seven consecutive days. In case of an employee working beyond the scheduled forty hours, the employer has to pay at least one and a half times of the basic wage per hour.
Child Labor Laws: According to the Idaho Statutes of State Legislature 44-1301 through 44-1308, all employers are prohibited from employing and exploiting children below the age of sixteen in hazardous occupations for both farm and non-farm jobs, as declared by the Secretary of Labor. The Child Labor Laws in Idaho comply with the federal Child Labor Laws and are enforced by the U.S. Department of Labor; with the aim of protecting educational opportunities and enhancing the health and well-being of minors. For apprenticeship, a special certificate has to be obtained from the Department of Idaho Commerce and Labor for individuals above 16 years of age; and are projected to receive a sub-minimal wage.
Wage Payment Law: According to the Idaho Statutes of State Legislature 45-606 through 45-617, all due wages are required to be paid by an employer within ten days of terminating an employee, excluding weekends and holidays. If an employee makes a written request; all due wages are required to be paid within 48 hours. Each employer has to pay a regular wage at least once every calendar month on pre-designated paydays declared in advance.
The payment of wages must be made within 15 days of the time frame of the preceding working schedule; with the payday to be advanced to the last working day if it falls on a non-working day. Employers are required to provide a written statement for the deductions made for each pay period. Employers are prohibited from discharging employees or retaliating in any form whatsoever for asserting their rights under Idaho Code 45-613.
Farm Labor Contractor Licensing: A farm labor contractor is an individual or an organization which recruits, solicits, employs, furnishes or transports migrant or seasonal farm workers; either for money or other forms of compensation. Farm labor contractors are required to be licensed by the Department of Idaho Commerce and Labor; provide a surety bond for the payment of unpaid wages; provide vehicle insurance for all farm and transportation vehicles used for business; furnish workers compensation coverage for all hired employees; and provide full disclosure about the conditions of employment including the pay rate, benefits furnished by the contractor and deductions prior to hiring; or at the time of hiring.
Exemptions to Employment Laws in Idaho
Within the state of Idaho, employers are exempted from providing the following benefits to their employees; however, it is discretionary and can be negotiated between each individual employee and employer at the time of hiring, with the agreement provided in writing and duly signed by signatories of both parties. These exemptions include:
- Vacation pay, severance pay, or sick pay
- Rest periods, breaks, lunch breaks, holidays or vacations
- Premium pay rates for weekends if not exceeding 40 hours within a designated workweek
- Pay Raises
- Fringe benefits
- Limit on the number of hours an employee can work per day; not exceeding 40 hours