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This site is not intended to constitute legal advice and should not be relied upon as such.  Additionally, no
attorney-client relationship has been created by your visiting and reading this site.  Please consult a legal
professional before taking any action you believe may result in liability or litigation.  Nothing on this site
creates an express or implied contract.  While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis.  This site is for informational purposes only.  
Meals and Break

Idaho does not have any laws requiring an employer to provide a meal period or breaks to
employees, thus the federal rule applies.  The federal rule does not require an employer to
provide either a meal (lunch) period or breaks.  However, if an employer chooses to do so,
breaks, usually of the type lasting less than 20 minutes, must be paid.  Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Vacation

In Idaho, employers are not required to provide employees with vacation benefits, either
paid or unpaid. ID Dept. of Labor: Labor Law Guide.  If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. ID Dept. of Labor: Labor Law Guide.

An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Ferguson v. City of Orofino, 131 Idaho
190, 953 P.2d 630 (1998); Jackson v. Minidoka Irrigation Dist., 98 Idaho 330, 563 P.2d 54
(1977).

An employer may cap the amount of vacation leave an employee may accrue over time. See
Ferguson v. City of Orofino, 131 Idaho 190, 953 P.2d 630 (1998); Jackson v. Minidoka
Irrigation Dist.. 98 Idaho 330, 563 P.2d 54 (1977).

Neither Idaho’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues.  They are silent regarding whether an employer may:
  • establish a policy or enter into a contract denying employees payment for accrued
    vacation leave upon separation from employment,
  • deny payment for accrued vacation to an employee upon separation from
    employment if its policy or contract is silent on the matter,
  • require an employee to comply with specific requirements to qualify for payment of
    vacation leave upon separation from employment, such as giving two weeks notice
    or being employed as of a specific date of the year,
  • implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
    date or lose it.

Although Idaho’s authorities are silent regarding many vacation policy issues, based on the
contractual emphasis Idaho courts have placed on vacation policies, an employer is likely
free to implement the vacation policy of its choosing, including policies that deny or limit
payment of accrued vacation upon separation from employment. See ID Dept. of Labor:
Labor Law Guide.; Ferguson v. City of Orofino, 131 Idaho 190, 953 P.2d 630 (1998);
Jackson v. Minidoka Irrigation Dist., 98 Idaho 330, 563 P.2d 54 (1977).
Severance

Idaho law does not require employers to provide employees with severance pay.  If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays

Idaho law does not require employers to provide employees with either paid or unpaid
holiday leave.  In Idaho, an employer can require an employee to work holidays.  An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws.  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.
Minimum Wage

Idaho's minimum wage rate is the same as the federal minimum wage rate. Ida. Stat. §
44-1502.  Idaho's law does provide for some exceptions. Ida. Stat. § 44-1502.  Currently,
the federal minimum wage rate is $7.25. Some exceptions apply. FLSA: Minimum Wage.

In instances where the Idaho law and the federal law conflict, an employer is required to
comply with the law that will pay employees the higher wage rate.
Overtime

Idaho does not have laws governing the payment of overtime.  Federal overtime laws
apply.  See FLSA: Overtime for more information regarding overtime requirements.
Sick Leave

Idaho law does not require employers to provide employees with sick leave benefits, either
paid or unpaid.   An employer in Idaho may be required to provide an employee unpaid sick
leave in accordance with the Family and Medical Leave Act or other federal laws.
EmploymentLawHandbook.com
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Wage and Hour Laws
for Private Sector Employers
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TOPICS COVERED (Scroll down for detailed information):

  •  Minimum Wage
  •  Overtime
  •  Meals and Breaks
  •  Vacation Leave
  •  Sick Leave
  •  Severance Pay
  •  Holiday Leave
  •  Jury Duty
Jury Duty

An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.

An employer may not discharge, penalize, threaten, or otherwise coerce an employee who
receives and/or responds to a jury summons or who serves on a jury.
Idaho Stat. 2-218