Idaho and federal laws protect workers with wage and hour minimums and mandate that employers properly categorize workers as employees (and not independent contractors), pay required overtime, and maintain proper employment records.

The current federal minimum wage is $7.25 an hour, the same as under Idaho state minimum wage law. A tipped employee’s minimum wage is $3.35 an hour in Idaho. A minimum training wage is $4.25 per hour for employees under 20 years of age for the first 90 calendar days of employment.

If you believe your employer is not paying you fairly, it’s time to consult with a skilled and experienced Idaho wage and hour claims lawyer. It’s time to speak with Idaho Employment Law Solutions.

What is The Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and Federal, State, and local governments. Covered nonexempt workers—workers who must be paid overtime—are entitled to a minimum wage of not less than $7.25 per hour, effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a single workweek. Note that the minimum wage has not been raised in over 12 years.

In addition, the FLSA defines child labor and prohibits child employment in certain hazardous positions and industries.

The FLSA has recently been extended to prevent management from taking any portion of a tipped employee’s gratuities.

What Should I Do If My Employer Does Not Pay Me for the Work I Completed?

If you believe you have not been paid for work performed, you can file a wage claim with the Idaho Department of Labor or the U.S. Department of Labor, Wage & Hour Division. The decision about which route to take is best guided by a skilled and experienced Idaho wage & hour lawyer who understands these processes’ wait times and efficacy. Now is the time to consult with Idaho Employment Law Solutions.

Am I a Victim of Wage Theft?

An employer must pay all wages due and owed within ten business days or by the next regularly scheduled paycheck upon the termination of employment. This final payment should include all unpaid: wages, commissions, bonuses, severances, and any other unpaid compensation you are entitled to under the terms of your employment and Idaho law.

Idaho law provides workers with a remedy: if you successfully sue to recover unpaid compensation, you are entitled to three times your unpaid compensation in addition to potential attorney’s fees and costs. This is an incentive to get employers to pay and makes a suit for recovery of lost compensation viable.

Idaho Wage and Hour FAQs

Am I entitled to holiday, vacation, severance, or sick pay in Idaho?

These benefits are not mandated by either Idaho or federal law. However, if they are included in your employment agreement, they must be paid according to the terms and conditions of that agreement. If there is a change in policy, the employee must be notified prior to the change being implemented.

What can I do if I believe my employer is paying me incorrect wages?

Unless the rate of pay goes below minimum wage, your employer has the right to change your rate of pay at any time, unless you are covered by a labor agreement or other form of rate guarantee. However, you must be informed of any reduction in your pay before you perform the work. If your paycheck was reduced without notice beforehand, you are entitled to claim the difference between what you earned and what you should have earned.

When does my employer have to pay me overtime?

To qualify for overtime, you must be a nonexempt worker, meaning you aren’t management. You are then entitled to overtime pay once you have completed 40 hours in a workweek. Unless provided for in a labor contract or employment agreement, you are not entitled to overtime pay for work at night or on the weekends until you have accrued those 40 hours. Once accrued, overtime is one and a half times your normal hourly rate.

When can an employer withhold my wages?

Your employer may not withhold any portion of your wages unless the employer is required to make deductions under Idaho or federal law, such as withholding Social Security, health insurance premiums, or other mandatory labor tax and insurance deductions. Or your employer may withhold a portion of your wages if there has been a valid wage attachment, meaning that you owe another party, and they are recovering by taking a portion of your current wages. Otherwise, your employer must pay you the negotiated wage.

Contact an Idaho Wage and Hour Lawyer

Idaho Employment Law Solutions is an African-American and Veteran-owned law firm providing quality and efficient legal counsel to businesses, organizations, employers/ employees, as well as individual multi-cultural clients located throughout Idaho.

Idaho Employment Law Solutions is skilled in handling charges of discrimination based on gender, sexual orientation, disability, religion, race, national origin and pregnancy submitted to the Equal Employment Opportunity Commission (EEOC), the Idaho Human Rights Commission, the U.S. Department of Health and Human Services and the U.S. Department of Labor. Idaho Employment Law Solutions has extensive experience in handling employee complaints about discrimination or harassment before those complaints become official charges of discrimination. Idaho Employment Law Solutions is experienced in guiding its business clients through sexual harassment investigations and provides advice on a case-by-case basis about the most effective way for the employer and employee to address discrimination claims.

Contact Idaho Employment Law Solutions by phone at (208) 672-6112 to make an appointment. We do not provide legal advice over the telephone. There will be a $75 charge for initial consultations.

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Testimonials

Ron Coulter at Idaho Employment Law Solutions has been an essential part of my small business team for over 16 years. He worked with my company to develop company handbooks, employment contracts, and employee training. His preventative work was key to our success when faced with an actual employee contract dispute in court. I am grateful to Ron’s attention to detail, phenomenal work ethic, and genuine care for his clients. Idaho Employment Law Solutions is a great partner for small businesses who want to succeed.

Codi Galloway

I was involved in an administrative procedure which could have ultimately led to my termination of employment. I contacted Idaho Employment Law Solutions which is owned and operated by Ron Coulter, a career U.S. Marine Corps Officer.  The qualities that impressed me most about Ron, was that nothing was “sugar coated”, Ron was up-front, straight forward, and Ron told me what to expect at each phase of the administrative process. When I asked a question, Ron always took care to provide a complete answer which very often included a follow-up legal analysis that a lay person could understand. Ron is an outstanding and experienced employment law attorney. He was reassuring and effective in his representation of me in this  administrative procedure.  There is no doubt, that the selection of Idaho Employment Law Solutions was the correct choice

Charlene Hamilton