Idaho Labor Laws (2025 Guide)

What’s New in 2025

There are currently no significant updates to Idaho employment laws scheduled for 2025.

Labor Law Posters

Federal labor law posters
State labor law posters

Wage and Hour Laws

Minimum Wage

Idaho’s Minimum Wage Law sets the basic minimum wage in Idaho at $7.25 per hour—the same as the federal rate. This applies to all employees, except:

• Bona fide executive, administrative, or professional employees.
• Domestic service workers.
• Outside salespeople.
• Seasonal employees of nonprofit camping programs.
• Children under 16 working part-time or at odd jobs and not exceeding 4 hours per day with any 1 employer.
  Employees under 18 employed by an immediate family member or their business.
• Agricultural workers who are immediate family members of their employers.
• Harvest laborers over 16 paid by piece-rate who commute daily from a permanent residence and worked less than 13 weeks the previous year.
• Harvest laborers aged 16 or younger working at the same workplace as a parent and paid the same piece-rate as over-16s in that workplace.
• Agricultural workers primarily engaged in the range production of livestock.

Employers can pay employees under 20 years old a reduced minimum wage of $4.25 per hour. However, employers can pay this lower wage only for the first 90 consecutive days from the employee’s initial employment.

Employers shouldn’t displace any employee—or reduce their hours, wages, or employment benefits—so they can hire other employees at the reduced minimum wage.

Employers that have a special certificate from the Wage and Hour Division may pay workers with disabilities less than the minimum wage.

Employers can pay apprentices enrolled in accredited school programs less than the minimum wage if they have a special license from the Department of Labor.

Tipped Minimum Wage

Tipped employees may be paid a base wage of $3.35 per hour, but only if the tips “actually received” combined with this base wage equals or exceeds the minimum wage.

Only individual tips count as tips actually received—pooled tips shared among multiple employees aren’t included in this calculation.

If an employee’s total hourly earnings (wage + tips) fall below the minimum wage, the employer must make up the difference.

If an employee and employer dispute the amount of tips, the burden is on the employer to show which tips the employee actually received.

Overtime Laws

Idaho follows the federal Fair Labor Standards Act (FLSA) rules on overtime.

Any employee who works more than 40 hours in 1 week must be paid the overtime rate of 1.5 times their regular hourly wage. Work on weekends, holidays, or regular days of rest doesn’t qualify for overtime pay unless the total hours worked in the week exceed 40.

Break Laws

Idaho doesn’t mandate meal or rest breaks, paid or unpaid. Employers that come under the FLSA’s coverage must ensure that any breaks they choose to provide abide by its rules. Under the FLSA, any break shorter than 20 minutes must be paid.

Recordkeeping Requirements

Employers in Idaho must collect and report the following information about new hires to the Idaho Department of Labor within 20 days of their start date. (Employees who are rehired within 60 days of leaving are exempt.)

• Name.
• Address.
• Social Security number.
• Start date.
• Employer name.
• Address.
• Federal Employer Identification Number (FEIN).
• State unemployment insurance account number (unless exempt).

Payroll records must also be maintained and include:

• Employee earnings.
• Wage deductions.
• Tax withholdings.

These records must be kept for 3 years following an employee’s departure, and payroll records must be available for inspection by the Idaho State Tax Commission.

Any employer of minors aged 14-16 in Idaho must maintain records of their names, ages, and places of residence for the duration of their employment.

Scheduling Laws

Idaho has no predictive or fair scheduling laws that mandate provisions like compensation for changes to schedules made on short notice or advance notice of work schedules.

Employee Compensation and Benefits

Reporting Time Pay

Idaho doesn’t have reporting time pay laws: Employers don’t have to pay employees who report to work when there’s no work for them to do. In most cases, employers must pay staff for hours worked.

Payday Frequency and Method

Employers must pay employees on regular paydays, but Idaho labor law doesn’t set frequency requirements. Employees can be paid by cash, check, or direct deposit into a bank account.

Paystub Requirements

Employers in Idaho aren’t required to provide paystubs.

Wage Deductions and Garnishments

Employers can make wage deductions when: 

• There’s a court-ordered garnishment.
• The employee gives authorization.

The maximum amount permitted for garnishments is the lesser of:

• 25% of the employee’s disposable earnings for that week.
  
• The amount by which the employee’s disposable earnings for that week exceed 30 times the federal minimum wage ($7.25). Where employees are paid monthly or every other week, the Idaho commissioner of labor will adjust the multiplier (30) to determine the maximum garnishments permitted on their earnings.

These restrictions don’t apply to: 

• Debts due for any state or federal tax.
• Employees subject to a bankruptcy order.

Employees with a dependent child or spouse can have only up to 50% of their disposable earnings garnished.

Final Paycheck Laws

When workers’ employment ends, employers must pay final paychecks by the next regular payday or within 10 days, whichever is sooner. If an employee requests earlier payment in writing, the employer must pay it within 48 hours of receiving the request.

This is the same regardless of the circumstances of their departure.

Workers’ Compensation

Idaho’s worker’s compensation law provides benefits to employees who suffer work-related injuries and illnesses. It’s a no-fault system that covers medical expenses and lost wages for those eligible.

Employers with 1 or more employees must have worker’s compensation coverage. This can be through private insurers, the Idaho State Insurance Fund (ISIF), or self-insuring where permitted. 

However, some occupations are exempt from coverage:

• Household domestic service workers.
• Casual, irregular, or occasional employees.
• Off-site workers (including certain individuals who work from home).
• Agricultural crop-dusting pilots with coverage from approved private insurance providers.
• Real estate brokers and salespeople who are paid solely by commission.
• Volunteer ski patrol workers.
• High school sports officials.
• Employees who are family members of and live in the same household as their employers if the employer is a sole proprietor or single-member LLC taxed as a sole proprietorship. (This exemption doesn’t apply to family members living in a different household unless they submit a written declaration electing exemption.)
• Business owners, including sole proprietorships, partners, LLC members, and corporate officers who own at least 10% of the company’s voting stock and serve as directors (for corporations with directors).
• Jobs covered under federal injury or occupational disease laws.

State law allows for exempt employees to elect coverage if they wish.

To access workers’ compensation, employees must report their work-related injury or illness to their employer. On receiving this, the employer must complete a First Report of Injury or Illness (FROI) form and notify their insurance carrier.

Employees and employers who disagree with a workers’ compensation decision can dispute the matter through the Idaho Industrial Commission.

Unemployment Insurance

Unemployed workers in Idaho can receive temporary unemployment benefits if they meet the state’s requirements. The Idaho Department of Labor administers the system and sets the eligibility criteria.

Unless they’re exempt, employers must pay unemployment insurance (UI) taxes via the online portal. Tax rates range from 0.352% to 5.4%. The Idaho Department of Labor determines the exact amount for each employer on a case-by-case basis. Currently, only the first $53,500 of each employees’ wages are taxable. So, the most UI tax an employer will pay per employee is $2,889.

New businesses must register for a UI number as soon as they become liable for coverage in order to make payments.

To be eligible to receive UI benefits, employees must:

• Be unemployed or partially employed due to no fault of their own.
• Be able and available to work.
  
• Be actively seeking employment.
  
• Have earned sufficient wages in at least 2 quarters during the first 12 months of the 15-month period before filing for unemployment. The highest-earning quarter must include at least $1,872 in wages, and the total wages during that 15-month period must be at least 1.25 times that amount.

Employees can claim unemployment insurance by applying online via the IdahoWorks Claimant Portal.

Weekly amounts vary from $72 a week to $499 a week. The maximum period to receive unemployment benefits is 26 weeks. The Idaho unemployment insurance program doesn’t provide extended benefits.

To continue receiving unemployment benefits, job seekers must:

• Keep a record of their work search activities.
• Report a minimum of 5 work search activities each week.
• File a weekly certification.

The work search requirement may be waived for “employer attached” workers who have a confirmed return-to-work date within 16 weeks of becoming unemployed.

Workplace Rights and Protections

Discrimination and Harassment

In Idaho, the Idaho Human Rights Commission (IHRC) works alongside federal laws to shield employees from illegal discrimination and harassment.

Under these laws, it’s unlawful for employers to discriminate against employees and applicants based on certain characteristics:

• Race.
• Color.
• National origin.
• Religion.
• Sex. (Including pregnancy, transgender status, and sexual orientation)
• Sexual orientation.
• Transgender status.
• Age (40 and over).
• Physical or mental disability.

While federal laws like the Pregnant Workers Fairness Act (PWFA), Americans with Disabilities Act (ADA), and the Civil Rights Act apply to employers of at least 15 or 20 employees, Idaho state laws extend similar protections to more employers. Under Idaho law, “employer” means any person or entity that hires 5 employees for 20 or more weeks. However, domestic service workers in private households are exempt. 

Employees who experience workplace discrimination or harassment based on these legally protected characteristics should report it to the IHRC.

Leave Laws

❌ Family and Medical Leave	Idaho doesn’t have its own family and medical leave plan.  However, employers of 50+ workers are covered by the federal Family and Medical Leave Act (FMLA).  Under the FMLA, eligible employees can get 12 weeks of unpaid leave in each 12-month period: • To care for a newborn within its first year. • To care for an adopted or foster child within a year of their placement.  • To care for a child, spouse, or parent with a serious health condition. • To recover from their own serious health condition. • For “qualifying exigencies” arising from a spouse, child, or parent being on covered active duty. To be eligible, employees must have worked: • For the employer for at least 12 months. • At least 1,250 hours in the previous year. Under the FMLA, employees who are spouses, parents, or children of seriously injured or ill servicemembers can take up to 26 weeks of military caregiver leave.
❌ Paid Sick Leave	Idaho doesn’t require private employers to provide paid sick leave. Policies are left up to the employer. Employers who choose to offer paid sick leave must administer it in accordance with their policies and employment contracts.
❌ Paid Family Leave	No state law requires paid family leave in Idaho. Eligible employees may use unpaid FMLA leave if applicable.
❌ Pregnancy and Parental Leave	Idaho hasn’t enacted any state pregnancy and parental leave laws for private employers, so employers must look to the FMLA. Eligible employees may take a maximum of 12 weeks off in a 12-month period following a child’s birth, adoption, or foster care placement.
❌ Vacation and Personal Leave	Private employers don’t have to provide paid or unpaid vacation leave under Idaho law. Employers that make their own vacation leave policies and agreements must abide by their terms.

Other Mandatory Leave

Military Leave	Under the Federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees must be given unpaid leave if called to active duty. Employees must be reinstated to the same or equivalent position. Following reinstatement after active duty, employers are prohibited from terminating employees without cause for a year.
Jury Duty Leave	Idaho employers must grant unpaid leave for jury duty.  For employees in the City of Boise, the city—not their employer—provides compensation at their regular rate of pay. Discharging employees for attending jury duty is prohibited. If an employer terminates an employee for taking jury duty leave, the employee can sue the employer. As long as the employee files within 60 days, they can recover up to triple the amount of lost wages and be reinstated in their role.
Witness Leave	Employers can’t dismiss or penalize employees for being called to court. This protection implies that employers should provide time off for employees who are subpoenaed as witnesses. Employees of the City of Boise receive compensation equal to their usual pay when called to witness duty.

Child Labor Laws

Children must generally be at least 12 years old to be lawfully employed in Idaho. 

Minors under 14 must not work in or in connection with:

• Mines, factories, or workshops.
• Stores or mercantile establishments.
• Telegraph and telephone offices.
• Laundries.
• Restaurants.
• Hotels or apartment houses.
• The distribution or transmission of merchandise or messages.

They may work in permitted occupations during regular school vacations of 2 weeks or more—and do voluntary work for their public school (with their legal guardian’s consent) for up to 10 hours per week. However, they can’t work during school hours or between 9pm and 6am.

Employers must keep records when they employ minors, as explained in the recordkeeping section.

Children aged 14 and 15 can work during school semesters only if they meet certain academic standards. They may work up to 9 hours a day and 54 hours per week (but not between 9pm and 6am).

All children under 16 are prohibited from theatrical employment. It’s illegal for any person, employer, or business to send or employ any child in “immoral environments” such as bars and casinos. They’re strictly prohibited from handling and serving intoxicating liquors. 

Penalties for violating child labor laws include both fines and imprisonment.

Workplace Safety and Health

Idaho doesn’t have state-level laws regulating health and safety. Private employers in Idaho must follow the federal Occupational Safety and Health Act (OSHA) regulations.

Main employer obligations under OSHA include:

• Providing a safe, hazard-free workplace.
• Abiding by OSHA standards and applicable safety and health regulations.
• Providing safety training for employees in a language they understand.
• Maintaining Records of Injuries and Illnesses.
• Reporting fatalities to OSHA within 8 hours.
• Reporting inpatient hospitalizations, amputations, or loss of an eye within 24 hours.
• Displaying the appropriate OSHA Posters in the correct locations.

Employers with safety concerns can contact the OSHA office in Boise or file a confidential complaint if they believe their working conditions are unsafe or in violation of OSHA standards.

Retaliating against employees for contacting OSHA is strictly prohibited.

Labor Union Regulations

Idaho is a right-to-work state. This means employers can’t require employees to join a union or pay dues to a union as a condition of employment. 

Employees in Idaho still have the right to form and join labor organizations and bargain collectively under the federal National Labor Relations Act (NLRA).

Employment Contracts and Severance

Employment Contract Laws

Idaho is an at-will employment state. So, unless there’s a written contract or collective bargaining agreement stating otherwise, employers and employees can terminate employment for any legal reason, at any time.

Idaho courts will only enforce non-compete agreements that meet the following:

• Entered with “key employees” or “key independent contractors”—employees or contractors who “have the ability to harm or threaten an employer’s legitimate business interests.”
• Protect a legitimate business interest, such as business plans, vendor contacts, and trade secrets.
• Reasonable in terms of geographic scope, duration, and type of restricted activity or employment.

State law empowers courts to modify non-compete agreements deemed unreasonable to make them reasonable and enforceable.

Severance Pay

Idaho law doesn’t require employers to offer severance pay. Employers that choose to provide severance pay must ensure they abide by any relevant terms of employment contracts and collective bargaining agreements.

Additional State-Specific Employment Laws

Professional Employer Organizations (PEOs)	The state has enacted laws to regulate PEOs and the arrangements they make with clients. PEOs provide workers to businesses in need of professional services.  Idaho law views PEOs as “co-employers” with their company clients: • PEOs are considered the employers of workers they assign for purposes of benefits and taxes. • Clients receiving PEO services are considered the employer for general liability insurance, vehicle insurance, bonds, and employer’s liability. Key regulations for PEOs include: • Having appropriate written contracts with their clients. • Using separate Idaho-based trust accounts to pay assigned workers’ wages, benefits, and taxes (including unemployment). • Coordinating with clients to ensure all assigned workers have workers’ compensation coverage.
Protection for Mechanics	Idaho state law has regulations for all employers of mechanics and laborers in mining, tunneling, construction, and similar work:  • Employers must make and file a sworn, recorded statement detailing business owners and entities involved in work before they hire any laborer or mechanic.  • The employer’s statement must be displayed in a visible location at worksites and where employees receive their pay. • Employers must pay workers promptly for their labor. • Employees who aren’t paid within a reasonable period can file a lien against their employer to recover any unpaid wages.
Independent Contractor Classification	Idaho labor law has its own “right to control” test for classifying independent contractors for unemployment insurance and worker’s compensation purposes. This sets 2 requirements: 1. The worker is free from the control and direction in performing their work. 2. The worker is in an ”independently established trade, occupation, profession, or business.”   However, most Idaho employers must follow the IRS common law test to determine if a worker is an independent contractor for broader purposes.
Drug Testing	Employers in Idaho may drug and alcohol test employees under the Idaho Employer Alcohol and Drug-Free Workplace Act. It sets various guidelines, including but not limited to: • Employers may use the results for hiring and continuation of employment decisions. • Testing should follow scientifically accepted analytical methods. • Drug testing is at the employer’s cost. • The time employees spend being tested should be considered work time and compensated as such. These guidelines are voluntary, but for employers that choose to follow them, any employee who tests positive for drugs or alcohol will be considered at fault for misconduct. This can lead to the denial of unemployment benefits.

Legal Resources for Employers and Employees

The following resources have more information for Idaho employers and employees:

• Idaho Department of Labor: The primary state agency overseeing labor laws, workplace safety, unemployment insurance, and employer compliance.
• Idaho Human Rights Commission: The organization that handles complaints related to discrimination and harassment in the workplace.
• Idaho Legal Aid Services: Free and low-cost legal assistance.
• Idaho State Law Library: Idaho statutes, case law, and legal research tools.

Disclaimer

The information presented on this website about labor laws in Idaho is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.