Employment and labor laws in Idaho [Updated 2024]

Employment laws have been enacted throughout history as a way to keep employees safe from discrimination and hazardous working conditions. The consequences for employers who violate these regulations are severe: They usually include costly fines and may even carry prison sentences. In the US, employers must adhere to both federal laws and state laws, the latter of which often vary from state to state.

Idaho is one state that’s straightforward when it comes to its employment laws; the Gem State closely follows federal guidelines. If you’re hiring there—whether you’re based in Boise, the panhandle, or the Snake River Valley—you need to be aware of all applicable employment laws so you remain in compliance with the Idaho Department of Labor.

Read on to learn more about Idaho’s labor laws and take the guesswork out of compliance with Rippling’s Professional Employer Organization service—which can handle your tax registration and management, ensuring you scale your business faster.

Employment vs. labor law: What’s the difference?

You may be surprised to hear this, but employment law and labor law are two distinct legal terms. Here’s the difference: When there’s a matter that concerns the relationship between an employer and an employee, it typically falls under the umbrella of employment law. When it’s between an employer and a labor union, however, it enters labor law territory.

Here’s a closer look at the individual topics each area of the law encompasses:

• Employment law refers to topics like wages, hours, overtime, workplace discrimination, and hiring practices.
• Labor law refers to union dues, collective bargaining agreements, and union membership.

Wages and hours in Idaho

The state of Idaho closely follows federal guidelines when it comes to its minimum wage requirements and overtime pay.

Minimum wage in Idaho

According to the Idaho Department of Labor, the current minimum wage rate is equal to the federal minimum wage: $7.25 per hour. For tipped employees, the Idaho minimum wage is $3.35 an hour.

Rippling helps you set hourly wages for employees and automatically flags minimum wage violations based on the state regulations where employees are located.

Overtime pay in Idaho

At times, it’s necessary to have your employees stay later than their usual working hours to complete a time-sensitive project or fill in for a coworker. When this happens, the state of Idaho requires employers to give employees overtime pay.

Idaho follows the overtime law provisions set forth by the federal Fair Labor Standards Act (FLSA). According to the Act, any hours worked over 40 in a workweek are considered overtime, and employees are entitled to overtime pay at a rate of 1.5x their usual hourly wage.

It’s crucial you adhere to Idaho’s overtime pay laws. Rippling’s payroll software makes it easy: It automatically applies the correct pay rates when an employee’s hours trigger overtime pay requirements.

Meal breaks and rest periods in Idaho

The state of Idaho doesn’t require employers to offer paid or unpaid rest breaks or meal periods.

Leaves of absence in Idaho

At times, employees will need to take an extended leave of absence to navigate a serious medical condition, care for a loved one, or recover from an illness. The federal Family and Medical Leave Act (FMLA) is in place to provide unpaid, job-protected leave to qualifying employees. 

Under the FMLA, employees are entitled to 12 weeks of leave in each 12-month period if they meet the following criteria:

• They have worked at the company for more than 12 months.
• They have worked for 1,250 minimum hours in the 12-month period before their leave date.
• They’re employed by a company with a minimum of 50 employees within a 75-mile radius.

In the state of Idaho, FMLA provisions are administered by the Controller’s Office; their website has additional information and resources for employers about how the Division of Statewide Payroll reports eligibility.

Military leave in Idaho

Idaho employees who are members of the country’s armed forces or National Guard are entitled to unpaid leave if called to active duty. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), these employees are protected from being terminated without cause within a year of their reinstatement to their former job, and they must be allowed to return to their previous position once their tour of duty is complete.

Sick leave in Idaho

The Idaho Department of Labor has no regulations concerning sick leave. Company policies are left up to the employer and should be spelled out in the terms of the employment contract.

Rippling allows you to automate and customize your company’s leave policy. You’ll also gain full visibility into how employees are utilizing it.

Workplace safety in Idaho

The federal Occupational Safety and Health Administration (OSHA) oversees workplace health and safety across the United States. In 1970, the federal government passed the landmark Occupational Safety and Health Act, making private employers responsible for maintaining hazard-free workplaces for all employees. 

Employers must ensure their employees receive regular safety training. They should also create, implement, and disseminate company-wide safety policies and provide workers with PPE, if necessary. 

While many states have OSHA-approved state-level plans that go beyond federal guidelines, Idaho isn’t one of them. Instead, employers need to make sure they adhere to and comply with OSHA regulations. The federal agency has an office in Boise that employers can contact with questions, and it also has an on-site consultation program for Idaho employers. Additionally, osha.gov has many resources for small business owners to help them maintain safe workplaces, including information on recordkeeping and more.

In the state of Idaho, employers are legally required to provide workers’ compensation coverage to employees who sustain a work-related illness or injury. Rippling PEO offers a convenient pay-as-you-go workers’ comp plan that doesn’t require you to pay upfront for the whole year. That leaves you free to focus on what you do best: scaling your Idaho business.

Discrimination and harassment laws in Idaho

The Idaho Human Rights Commission oversees the enforcement of the Idaho Human Rights Act, an anti-discrimination law prohibiting discrimination or harassment in the workplace based on the following protected characteristics:

• Race
• Ethnicity
• National origin
• Religion
• Sex
• Age (40 and over)
• Physical or mental disability

Under the Idaho Human Rights Act, it’s illegal to discriminate against or harass employees based on these factors. Employers must comply with these laws throughout the employment relationship, from the moment the job vacancy is posted to the day the employee separates from the company. 

Harassment is also considered to be a form of discrimination. Harassment takes place when there is unwanted conduct toward an employee that is based on the characteristics listed above, and that interferes with their well-being and work performance. 

Workplace harassment can include racial or sexual slurs, verbal threats, insults and jokes, and physical or sexual assault. When an employee is forced to withstand an offensive environment as a condition of employment, that is also considered harassment. 

Sexual harassment training requirements vary by state, but Idaho has no state-level training requirements. Despite this, sexual harassment training is still a good idea not only to set boundaries and create a healthy work environment but also to protect your company. Under federal law, employers are responsible for their own words and actions as well as those of their employees.

Rippling’s Learning Management System is pre-loaded with core sexual harassment training courses to ensure each employee meets the necessary requirements based on the state they live in. 

Unions in Idaho

When employees join together to advance fair working conditions, they form what’s called a labor union. Labor unions negotiate with employers to formulate collective bargaining agreements on things like rate of pay, work hours, and vacation leave.

The National Labor Relations Act (NLRA) preserves the right of employees to:

• Organize or join a union in order to negotiate with their employer.
• Collectively bargain and choose their own employee representatives. 
• Freely discuss the terms and conditions of their employment with their coworkers.
• Take active steps to improve working conditions, such as filing complaints with their employer or the government.
• Picket and strike, depending on the reason.
• Abstain from becoming a union member.

The NLRA makes it illegal for unions or employers to attempt to force employees to make a decision about joining a union—whether it’s in favor of or against. Coercive tactics are strictly prohibited, such as threatening to fire employees who are union members.

There’s union-related legislation on the state level as well, like “right-to-work” laws. These laws enshrine the right of the employee to freely choose whether they join a union or not. Idaho is a right-to-work state. In other words, private employers can’t require their employees to join a labor union or, conversely, not to join one.

FAQs about Idaho labor and employment laws

Are independent contractors covered under Idaho employment laws?

Independent contractors aren’t entitled to the same rights as employees under Idaho state employment laws. Employers are legally required to classify independent contractors and employees correctly; otherwise, they could face fines and penalties. You can use our analyzer tool to make sure you’re classifying workers correctly and complying with employment regulations.

Does at-will employment exist in Idaho?

Yes. According to the Idaho Department of Labor, employment in the state is “at will,” meaning employers can dismiss employees without giving them notice or a reason. In turn, workers can quit their jobs anytime, for any reason. 

What privacy rights do employees have in Idaho?

Idaho employees have general privacy rights regarding their sensitive personal information. The state of Idaho also requires employers who require drug and alcohol testing to have a written policy in place and to make it available to job applicants to review during the hiring process.

Are there pay transparency laws in Idaho?

No, the state of Idaho has not passed any pay transparency laws.

Are background checks legal in Idaho?

Yes, employers in the state of Idaho are legally allowed to run background checks on job applicants and employees, including criminal background checks. They aren’t, however, permitted to request a candidate’s medical records unless they can establish the request is relevant to the job they’re hiring for.

Are whistleblowers protected in Idaho?

Yes. The Idaho Protection of Public Employees Act safeguards public employees from retaliation in a whistleblowing case. Whistleblowers who work for private employers are protected from retaliation by federal laws only.

Is workers’ compensation coverage required in Idaho?

Yes. In the state of Idaho, all employers who have one or more employees—even if they’re only seasonal—must provide workers’ compensation insurance to their employees.

Are there required healthcare benefits in Idaho?

Employers who have 50 or more full-time employees are legally required to provide them with health insurance benefits under federal law. Currently, the state of Idaho does not have any additional statutes that impose healthcare coverage mandates on private employers.

Are Idaho employers required to provide bereavement leave?

No, there are no federal or state laws requiring Idaho employers to give employees bereavement leave or time off to attend a funeral. 

What employee protections are available in Idaho if layoffs occur?

Companies that are covered under the federal government’s Worker Adjustment and Retraining Notification (WARN) Act must give their employees 60 days’ notice of their intent to lay them off. This is true in Idaho and all other US states.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.