Idaho employment law overview

Idaho has laws that provide greater protections to employees than federal law, including antidiscrimination coverage for smaller employers, but generally follows federal law with respect to topics such as the minimum wage. 

Select Idaho employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Idaho employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

An employer with five or more employees must comply with the Idaho Human Rights Act (IHRA). The IHRA prohibits an employer from discriminating against employees on the basis of protected characteristics, including: 

• Race; 
• Color; 
• Religion; 
• National origin (including the national origin of an ancestor); 
• Disability; 
• Sex (including pregnancy, childbirth or related medical conditions); and 
• Age (individuals 40 or over). 

The IHRA also prohibits harassment and retaliation. 

Equal pay 

The Idaho Wage Act prohibits an employer from paying lower wages to one sex than the other in the same establishment for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. An employer may, however, pay different rates based on an established seniority or merit increase system. 

Pay transparency 

Idaho does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Idaho does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Idaho does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Idaho does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Idaho does not have requirements for private employers related to pregnancy accommodation. 

Access to personnel files 

Idaho law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Idaho does not have a whistleblower law applicable to private employers. 

Scheduling 

Idaho does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Idaho employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Idaho does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

Idaho does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Idaho. 

Wage and hour 

Idaho employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Idaho’s minimum wage rate is $7.25 per hour, the same as the federal minimum wage. A separate minimum wage rate exists for certain employees (e.g., tipped employees). 

Overtime 

Idaho does not have a state overtime law applicable to private employers.   

Meal and rest breaks 

Idaho law does not require employers to provide meal or rest breaks to employees. 

Child labor 

Child labor laws in Idaho restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors may not be employed in immoral places (e.g., saloon, gambling house, house of prostitution) or serve or handle intoxicating liquors. Minors under the age of 15 are prohibited from working in a variety of other occupations. 

Minors under the age of 16 generally may not work 

• More than 54 hours in any week; 
• More than nine hours in a day; 
• Before 6:00 a.m.; or 
• After 9:00 p.m. 

Additional restrictions apply regarding working during school hours. 

Pay and benefits

Idaho employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

An employer may pay wages in cash or by check, as long as employees can cash their checks without charge. An employer may pay employees by direct deposit under certain circumstances. 

Pay frequency and lag time 

Idaho law requires an employer to pay wages at least once per calendar month on regular paydays that the employer designates in advance. 

Pay deductions 

An employer may not withhold any portion of an employee’s wages, unless the deduction is required by state or federal law or is authorized by the employee in writing and is for a lawful reasons. 

Pay statements 

An employer must provide a statement of all deductions made from employee paychecks for each pay period in which deductions are made. 

Wage theft 

Idaho does not have a wage theft law applicable to private employers. 

Health care continuation 

Idaho does not have a health care continuation law applicable to private employers. 

Temporary disability insurance 

Idaho does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Idaho employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Idaho does not have a state family and medical leave law applicable to private employers.   

Paid sick leave 

Idaho does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

An Idaho employer may be required to comply with other leave and time off laws, including but not limited to jury duty leave and military leave.

Health and safety 

Idaho employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health  

Idaho does not have a federally approved state plan governing occupational safety and health. Therefore, the Occupational Safety and Health Administration has authority over private sector employers in the state.   

Drug and alcohol testing 

An employer may condition hiring on drug or alcohol tests conducted by the employer or a third party. If an employer chooses to test applicants, it must have a written policy that describes the types of tests to which the individual may be subject and includes a statement that testing positive may result in a refusal to hire, as required by the Idaho Employer Alcohol and Drug-Free Workplace Act. 

Smoke-free workplace 

The Idaho Clean Indoor Air Act generally prohibits smoking in a public place, which includes any enclosed indoor place of business, in a publicly owned building or office, or at a public meeting. An employer is not required to provide smokers with break rooms or other accommodation. “No Smoking” signs must be posted at places of employment, including every entrance. 

Weapons in the workplace 

Idaho law does not constrain an employer’s right to ban weapons into the workplace. Idaho has a law that gives an employer immunity from civil liability if the employer adopts a policy that permits employees to store firearms in their personal vehicles on the employer’s premises.

Safe driving practices 

Idaho bans the use of a mobile electronic device while driving with certain exceptions. Drivers may use such a device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use their hands to operate the device, except through one-touch activation or deactivation of a feature or function of the device.

Organizational exit 

Idaho employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

An employer must pay final wages by the next regularly scheduled payday, or within 10 days of termination, not including weekends or holidays. However, if the employee submits a written request to the employer for payment of final wages after termination, the employer must pay the wages within 48 hours after the request was received, not including weekends or holidays. 

Mass layoffs 

Idaho does not have its own version of the federal WARN Act. 

AI in employment 

Idaho does not have a law related to AI in employment applicable to private employers.