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What are the requirements relating to advertising open positions?

Idaho has no specific requirements related to the advertising of open positions. However, employers would be well advised to ensure that their recruitment policies comply with Idaho's anti-discrimination statutes and care is taken to ensure that applicants are not improperly induced to change employment (i.e., employers should refrain from making false or deceptive representations related to employment).

Background checks
What can employers do with regard to background checks and inquiries?

(a) Criminal records and arrests

Idaho law is silent with respect to background checks related to criminal records and arrests. However, Idaho's anti-discrimination statutes generally rely on federal law and therefore could be relevant with respect to the use of criminal records and arrests in employment. Further, Idaho employers should comply with the Fair Credit Reporting Act with respect to conducting background checks of such a nature.

(b) Medical history

Idaho law is silent with regard to the use of medical history in the hiring process. However, the use of medical history in the hiring process may constitute disability discrimination under the Americans with Disabilities Act or the Idaho Human Rights Act.

(c) Drug screening

Idaho has adopted the Employer Alcohol and Drug Free Workplace Act (Idaho Code §§ 72-1701, et seq.). This act addresses the issue of drug testing in the workplace. Compliance with the act is voluntary; however, employers that do comply will be better able to respond to unemployment insurance claims made by employees whose employment has been terminated for testing positive. The act specifically allows for pre-employment drug testing. Idaho law is otherwise silent with respect to the use of drug screening in the hiring process.

(d) Credit checks

Idaho law is silent with respect to the use of credit checks in employment.

(e) Immigration status

Idaho law is silent with respect to immigration status in employment.

(f) Social media

Idaho law is silent with respect to the use of social media in employment. 

(g) Other


Wage and hour

What are the main sources of wage and hour laws in your state?

Idaho's Claims for Wages Act (Idaho Code §§ 45-601, et seq.) addresses the ministerial aspects of the payment of wages. In addition, Idaho's minimum wage law (Idaho Code §§ 44-1502) provides for the payment of minimum wages. The minimum wage under Idaho state law is $5.15 per hour for covered employees. However, most Idaho employers must comply with federal minimum wage requirements.

What is the minimum hourly wage?

Idaho's minimum wage is $5.15 per hour. However, most Idaho employers must comply with federal minimum wage requirements.

What are the rules applicable to final pay and deductions from wages?

Upon separation of employment, an employer must pay or make available at the usual place of payment all wages due to the employee by the earlier of the next regularly scheduled payday or within 10 days of such separation, weekends and holidays excluded. However, if the employee makes a written request for earlier payment of wages, all wages due to the employee must be paid within 48 hours of receipt of such request, weekends and holidays excluded.

There are very limited, and statutorily defined, allowable deductions from wage payments. Specifically, an employer may not withhold or divert any portion of an employee's wages unless it is required or empowered to do so by state or federal law, or has written authorization from the employee for deductions for a lawful purpose. Idaho statutes do not specifically address the issue of making deductions to recover wage overpayments. Idaho's Department of Labor has not historically viewed these deductions as unlawful, but it is unclear as to how Idaho courts might address such an issue.

Hours and overtime
What are the requirements for meal and rest breaks?

Idaho law does not require the provision of meal and rest breaks.

What are the maximum hour rules?

For most adult workers, there are no limits on daily work hours as long as minimum wage and overtime laws are observed. There are daily and weekly limitations on the hours minors can work (Idaho Code § 44-1301, et seq.).

How should overtime be calculated?

Idaho law does not address the payment of overtime. However, Idaho employers must generally comply with the federal Fair Labor Standards Act.

What exemptions are there from overtime?

Generally, the federal Fair Labor Standards Act governs exemptions from overtime.

Record keeping
What payroll and payment records must be maintained?

Idaho's Claims for Wages Act requires that employment records be maintained for a minimum of three years from the last day of the employee's service.

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