labor lawAdivision of labor law center

Idaho, like that of most of the United States and its territories, uses the Federal minimum wage law for non-exempt employees. The current Federal minimum wage is $5.15 per hour worked applies to all private-sector employment, including non-supervisory and non-farm jobs. Section 44-1502 of Idaho Labor Code (commencing September 1997) states that employers is liable for paying all their employees any wages that must exceed a computed rate of $5.15 per hour.

Per Idaho’s regulations, employers may claim a tip credit not to exceed of 35% of the applicable minimum wage. Additionally, a cash wage of at least $3.35 per hour must be paid “tipped employees” if their employers wish to claim this tip credit in regard to their minimum wage obligation. Also, the employer must make up the difference between an employee’s tips and the prevailing minimum wage, if the combined cash wage is not higher. A “tipped employee” is defined as any employee, typically in the restaurant business, who is engaged in an occupation where tips of more than thirty dollars ($30.00) per month are received on a regular basis.

There is also something called an “Opportunity Wage” which is paid $4.25 per hour to employees who under 20 years of age, but only during their first 90 days of employment. Other exceptions to this rule also exist, as allowed under the Federal Fair Labor Standards Act (FLSA) guidelines. There are a number of other exemptions and exceptions, most notably for full-time students and qualified disabled workers. The rules governing these special classes of employees are complex. However, Idaho’s per capita income $28,158, or about $13.50 per hour, is well above this minimum wage.

If you believe yourself to be unfairly placed in one of these classes, you may contact Idaho’s Department of Labor for a ruling. By law, the Idaho Minimum Wage Posters must also be clearly visible to all employees and posted in a central location.

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