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Last updated on: July 30th, 2024
Hours & Pay Regulations
Normal Working Hours
Normal working hours shall not exceed more than 40 hours a week.
Idaho law does not specifically address what constitutes a workweek for purposes of its minimum wage requirements. Idaho does look for guidance from the regulations regarding what constitutes working hours set forth under the federal Fair Labor Standards Act.
Workweek – No employer shall employ any employee longer than 40 hours in a workweek consisting of seven consecutive 24-hour periods. A workweek is a period of 168 hours during seven consecutive 24-hour periods. It may begin on any day of the week and any hour of the day established by the employer. For the purpose of overtime payment, each workweek stands alone, there can be no averaging of two or more workweeks.
Overtime
Breaks
Under the FLSA, an employee who takes a break that is 20 minutes or less must be paid for their break time at their normal rate. This includes meal, religious, health, and most likely restroom breaks as long as the break is under 20 minutes. An employer does not have to pay an employee for a break if:
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- the break is longer than 20 minutes; and
- the employee is relieved of all work during the break.
Public Holidays
Idaho law does not require private employers to provide employees with either paid or unpaid holiday leave. In Idaho, a private employer can require an employee to work holidays. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
Annual Leave
Special Leave
Employers must treat employees disabled by pregnancy, childbirth, or related medical conditions the same as any other employees with short-term disabilities for purposes of sick leave.
Idaho Code § 2-212 (2002) provides that a person who is not disqualified for jury service under § 2-209 may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child. (2002 HB 497).
Members of the Idaho National Guard or the national guard of another state, who are called to active duty by the governor or president in a time of war, armed conflict, or emergency are entitled to the same protections as USERRA. Once their leave is over, employees are entitled to reinstatement to their former positions or a comparable position with like seniority, status, and pay. If an employee is not qualified for his or her former position because of a disability sustained during service, the employee is entitled to the position that is most similar to his or her former position in terms of seniority, status, and pay (provided the employee is qualified). Reinstated employees may not be fired without cause for one year. Members of the National Guard and U.S. armed forces reserves may take up to 15 days’ unpaid leave per year for training without affecting the employee’s rights to vacation, sick leave, bonus, advancement, and other advantages of employment. Employees must give 90 days’ notice of training dates. Idaho Code Ann. §§ 46-224, 46-225, 46-407, 46-409.
Employers in Idaho must excuse employees from work to serve on a jury. All employees in Idaho may take time off from work to respond to a jury duty summons. Employers do not have to compensate an employee for his or her time spent on jury duty. Idaho law protects an employee’s job when the employee serves on a jury. Employers cannot terminate or penalize an employee for serving on a jury.
Full-time state employees are allowed up to 30 days of paid leave for organ donation. (§67-5343).
