Filing a Wage and Hour Claim - Idaho

Does Idaho have state overtime laws that are different from federal law?

Idaho does not have overtime laws that are different from federal law. Additional information on federal overtime law is available at http://www.workplacefairness.org/overtime.

Does Idaho have a minimum wage that is different from federal law?

The current minimum wage in Idaho is $7.25 per hour, which is equal to the federal minimum wage of $7.25. Employers, however, can use tips and gratuities to reduce the minimum wage required to $3.35 per hour.

The following employees may be paid at a rate below the minimum wage:

  • New hires under the age of 20 may be paid at a lower rate per hour for the first ninety calendar days of employment ($4.25)

Employees in executive, administrative, professional or agricultural activities are exempt from the minimum wage requirement. The following employees are also exempt from the minimum wage requirement:

  • Domestic service workers
  • Outside salespeople
  • Employees at a non-profit season camp
  • Children under the age of 16 working odd jobs for less than four hours per day

Does Idaho have meal and rest break requirements, unlike federal law?

Idaho does not have any meal or rest break requirements.

How do I file a wage/hour or labor standards claim in Idaho?

You can file a wage claim with the Idaho Department of Commerce and Labor's Wage & Hour Section. This can be done by filling out a Wage Claim Form available at http://labor.idaho.gov/pdf/statement_of_claim.pdf. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney.

What are my time deadlines?

If you have a wage/hour complaint, do not delay in contacting the Wage & Hour Section to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within two years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in Idaho?

In Idaho, employees can file a private lawsuit to recover unpaid wages, liquidated damages, attorney's fees and costs.

Local ICL Wage and Hour Offices

Boise
317 W Main Street
Boise, ID 83735-0910
Ph: 208-332-3579

Burley
127 W 5th Street N
Burley, ID 83318-0158
Ph: 208-678-5518 ext 3128

Caldwell
4514 Thomas Jefferson St.
Caldwell, ID 83605-5100
Ph: 208-364-7781 ext 3195

Northern Idaho
35 Wildcat Way, Ste. A
Kellogg, ID 83837-2252
Ph: 208-783-1202 ext 3922

Pocatello
430 N 5th Avenue
P O Box 4087
Pocatello, ID 83205-4087
Ph: 208-236-6710 ext 3690


This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.