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1 Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IDAHO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable, at the time you download it. Any substantive change to the contents of this document may result in potential legal liability for you and your company. Agent 77, Inc. accepts no liability or responsibility for any of our documents that have had the contents altered beyond simply filling in the appropriate blanks and/or replacing place holder text and adding your company logo and information. This document is provided to you with the understanding it is not a legal or accounting opinion and should not be construed as such, and that Agent 77, Inc. is not engaged in the business of rendering legal or accounting services. If you need specific advice on any legal or accounting issue, the services of a competent professional should be sought. Please see for more information. This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2014 Agent 77, Inc. Reminder: Agent 77 s license prohibits you from copying and distributing this STATE EMPLOYMENT REGULATIONS FOR IDAHO to anyone outside of your company. Doing so is a violation of this license and will result in the revocation of your subscription and/or prosecution under federal copyright laws as well as possible civil litigation. Please see for a copy of the current license agreement. Idaho_Regs

2 What s New STATE EMPLOYMENT REGULATIONS FOR IDAHO As of July 1, 2006, Idaho prohibits employers with 5 or more employees from using private genetic information in employment decisions. Also, employers are prohibited from asking or requiring employees to take genetic tests New sections added on Drug Testing and Job Reference Liability The Idaho minimum wage will rise to match to the federal rate which was raised to $5.85 as of July 24, The Idaho minimum wage will rise to match to the federal rate which was raised to $6.55 as of July 24, The Idaho minimum wage will rise to match to the federal rate which was raised to $7.25 as of July 24, Changes were made to the following sections: Child Labor, Military Leave and Payment of Wages. The following sections were added: New Hire Reporting and Smoking in the Workplace Changes were made to the following section: Discrimination. Idaho_Regs

3 Introduction STATE EMPLOYMENT REGULATIONS FOR IDAHO Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum. Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations: Production of goods for commerce, such as transportation or communication Use of mail over state lines Interstate communications using the telephone Use of the Internet over state lines Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations. Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers. In this document we summarize the workplace regulations and worker protections available in Idaho. Although not an exhaustive list, it covers the major topics small to mid-sized employers must deal with on a regular basis. Covered areas include: Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty); Discrimination and harassment regulations; and State rules on continuation of benefits. The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to understand your responsibilities under Idaho and federal law. Also, see the resources section below for reference websites and Libretto tools that can help you comply with these regulations. Idaho_Regs 1 of 6

4 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR IDAHO Topic Minimum Wage Overtime Payment of Wages Work Hours and Breaks Child Labor Family Leave Military Leave Idaho Regulation $7.25 / hour Minimum of $4.25 for first 90 days for employees under 20 years old Tipped employees may be paid a minimum of $3.35 Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a given week Employees must be paid at least every monthly, no more than 15 days after the close of the period. Final paychecks must be delivered no later than the next payday or 10 days after termination, whichever is sooner. Notice provisions apply. Idaho has no break time rules. Federal and Idaho law prohibit minors in certain occupations. See the U.S. Department of Labor and the Idaho Department of Commerce & Labor for information on these prohibitions (contact information is in the reference section). See the details section below for restrictions on hours minors may work Idaho has no separate Family Leave aside from The Federal Law outlined below Employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours Leave must be granted for birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and serious illness/injury of covered service member for military leave. Employee must be reinstated to same or equivalent position after completion of leave Benefits must be maintained during leave The Federal Law is outlined below: Employers must grant up to 5 years of military leave Employee must be reinstated to same or equivalent position after completion of military leave Employers may not terminate or threaten to terminate any employee called to military service Special benefit rules apply for military leave Idaho provides that eligible members of the National Guard or the U.S. reserves are eligible for up to 15 days of leave in one year. Idaho_Regs 2 of 6

5 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR IDAHO Jury Duty Voting Time Drug Testing Job Reference Liability New Hire Reporting Leave is required, but is unpaid Employee must be reinstated to same position after completion of jury duty Idaho has no voting time rules Employers may implement a drug-testing program, provided that it includes a confirmatory test before any employment actions may be taken, and that the employer has a written policy including an employee acknowledgement that they have received the policy. Employers that implement drug-free workplace policy conforming to state regulations may be eligible for a discount on their worker s compensation insurance. On request of a current or former employee, employers may give out information about that current or former employee to a prospective employer are protected from civil suit, unless the information given is knowingly false. Employers are required to report new hire information to the state within 20 days of hire/rehire. Smoking in the Workplace Discrimination and Harassment Continuation of Benefits Smoking is prohibited in the workplace with the exception of small employers who may provide smoking break rooms. Posting provisions apply. Idaho prohibits employers from discriminating based on national origin, race or color, religion, age (over 40), service in the military, physical or mental disability or sex (including sexual harassment, pregnancy, childbirth, and other pregnancy-related conditions) and veteran preference. Also, employers with five or more employees are prohibited from using genetic testing results in employment decisions and may not request or require genetic tests. Idaho has no provisions for continuation of health care benefits for employees of companies with fewer than 20 employees Idaho_Regs 3 of 6

6 Wage, Hour and Overtime Rules Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage Utah minimum wage is $7.25 per hour. A special minimum wage of $4.25 for the first 90 days of employment may be used for minors under 20 years of age. Employers may pay tipped employees a minimum of $3.35 per hour, provided that the total wages plus tips come to at least the minimum of $7.25 per hour Finally, both federal and Idaho regulations allow employers to apply for licenses to pay subminimum wages to certain disabled persons. Please contact the U.S. Department of Labor or the Idaho Department of Commerce & Labor for more information on applying for these licenses. (Contact information for both are listed in the reference section below.) Overtime Idaho has the same overtime rules as the federal government. That is, for any hours worked over 40 in a given week, non-exempt employees must be paid at least one and onehalf times their regular pay. Like the federal rules Idaho exempts certain employees from minimum wage and overtime rules. Excluded employee classes include: executive, administrative, professional, outside salespeople and computer professionals. (Use Libretto s FLSA Resource Package for help in determining whether a given employee is exempt). Idaho also permits exemptions for certain small employers not involved in interstate commerce. Refer to the Idaho Department of Commerce & Labor web site for a list of these exemptions. Payment of Wages Idaho law requires that employees be paid at least monthly, and payment must be made no more than 15 days after the close of that period. These regular pay periods must be established and published for all employees. Final paychecks must be delivered no later than the following payday or 10 business days after termination, whichever is earlier. If a terminating employee gives a written request for earlier payment of final wages, employers must deliver the final wages within 2 business days (48 hours) of the request. Deductions from the final paycheck may not be made without the employees written consent, unless required by law. Employers must give notice to employees at time of hire of the rate of pay and the usual day of payment and must provide the information in writing to the employee upon request. Employers must also provide notice of any reduction in wages prior to the work being performed and must provide this information in writing to the employee upon request. Although there is no provision requiring the payment of vacation pay, courts have interpreted wages due upon termination to include accrued vacation pay. Work Hours and Breaks Idaho has no break time rules. Idaho_Regs 4 of 6

7 Child Labor It is unlawful for any employer to employ any child under 14 years of age in any business or service during the hours in which the public schools are in session, or before the hour of 6:00 AM or after the hour of 9:00 PM, provided that any child over the age of 12 years may be employed at occupations specified in the child labor law during the regular vacations of 2 weeks or more. A student may be employed by the public schools for a maximum of ten (10) hours per week, provided such employment is voluntary and with the consent of the student's legal guardian. Employers who employ minors under 16 years of age are subject to strict limits for hours worked per day and per week for their minor employees: 1. Persons under the age of 16 years may not be employed: More than 9 hours per day, More than 54 hours per week; Before the hour of 6:00 AM or after the hour of 9:00 PM. In certain occupations detailed by the department of Commerce and Labor. There are no work hour restrictions for minors 16 and 17 years of age. Both federal and Idaho law prohibits minors from working in hazardous or certain other occupations. Please contact the U.S. Department of Labor or the Idaho Department of Commerce & Labor for more information on restricted occupations for minor employees. Leaves of Absence Family Leave Employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. This leave must be granted for the birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for limitary leave and serious illness/injury of covered service member for military leave. After completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Also, benefits, such as health care coverage and retirement benefits, must be maintained during leave. Military Leave Permanent employees who are duly qualified members of an organized unit of the National Guard of the U.S. Reserves, and who leave their job to receive military training, are eligible for leave. Employers must grant eligible employees up to fifteen days leave in one (1) year. This leave may be with or without pay as employers must provide employees absent for military training their normal vacation, sick leave, bonus, advancement and other advantages of employment. Employers must reinstate to their previous position or to a similar position, former employees returning from military leave, who gave timely notice of their departure. Under federal law, employees must be granted up to 5 years of military leave and must be restored to their position (or an equivalent position) within the company as if they had been on furlough. Also, employers may not terminate or threaten to terminate any employee called to military service, Please see Libretto s White Paper on USERRA for more details on military leave. Idaho_Regs 5 of 6

8 Jury Duty Employers must provide leave for jury duty, but need not pay for the leave. Also, employers may not terminate or threaten to terminate any employee called to jury duty, and employees must be restored to their position within the company as if they had been on furlough. Employees covered by FLSA exemptions serving on a jury must be paid their full salary (minus jury stipend) or risk losing their exemption status. Voting Time Idaho has no voting time leave provisions. Other Employment Regulations: Drug Testing Employers may implement a drug-testing program, provided that they have a written policy describing the program, and include a confirmatory test before any employment actions are taken. In addition, employers who implement a drug-free workplace program conforming to state law may qualify for a discount on their worker s compensation insurance policy. Job Reference Liability On request of a current or former employee, employers that provide information about the current or former employee in good faith are generally protected from civil suit by the current or former employee, unless the information given can be shown to be false and the disclosing employer knows (or should have known) it to be false. New Hire Reporting Employers are required to report new hires and rehires a report containing the employee's name, address, SSN, date of hire/rehire and the employer's name, address, FEIN and unemployment insurance number within 20 days of the hire/rehire to the Idaho Department of Labor, New Hire Reporting. Smoking in the Workplace Smoking is prohibited in private workplaces that fall under the definition of a public place. Employers with fewer than 5 employees can establish designated employee break rooms as long as certain conditions are met. "Warning: Smoking Permitted" signs must be posted in the smoking break room. Discrimination and Harassment Idaho prohibits discrimination or harassment based on: National origin Race or color Religion Age (over 40) Service in the Military Mental or physical disability, or Sex (including sexual harassment, pregnancy, childbirth, and other pregnancyrelated conditions) Idaho_Regs 6 of 6

9 Employers with five or more employees are prohibited from using genetic testing results in employment decisions and may not request or require genetic tests. Employers with more than 15 employees are also subject to GINA that prohibits discrimination based on genetic testing. Employers subject to the minimum wage and other regulations must keep a summary of the laws posted in a conspicuous location in the workplace that is accessible to all employees. Effective July 1, 2014, employers may give preference in the hiring and promotion of employees to those who are eligible for veterans preference in Idaho. The following individuals are eligible for veterans preference: 1) Veterans and disabled veterans; 2) a widow or widower of any veteran, as long as that person remains unmarried; and 30 the wife or husband of a service-connected disabled veteran if the veteran cannot qualify for any public employment because of a service-connected disability. State Continuation of Benefits Idaho has no provisions for continuation of health care benefits for employees of companies with fewer than 20 employees (companies with 20 or more employees are subject to the federal COBRA regulations). Resources/Posters Idaho Department of Commerce & Labor United States Department of Labor Human Rights Commission of Idaho Idaho Department of Labor, New Hire Reporting Related Libretto Products FLSA Resource Package (for help in determining overtime exempt / non-exempt status) Overtime Guidelines Break Period Guidelines Family Medical Leave of Absence Policy Military Leave of Absence Policy Jury Duty-Witness Leave Policy Voting Time Policy Drug & Alcohol Testing Policy & Release Forms Guidelines on Verification of Employment and Providing References Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement Idaho_Regs 7 of 6

10 COBRA Continuation Coverage Policy General Notice of COBRA Continuation Coverage Rights COBRA Continuation Coverage Election Information: Notice And Form New Hire Reporting for Idaho Idaho_Regs 8 of 6