Idaho Labor Law Guide 2026: Minimum Wage, Overtime, Breaks, and Leave
Idaho labor laws for employers in 2026: the $7.25 minimum wage, federal overtime rules, no state break or paid leave mandate, monthly paydays, final paycheck within 10 days, and child labor rules under Idaho Code Title 44.
Idaho keeps its employment rules close to the federal floor. The state minimum wage matches the federal $7.25, overtime follows the Fair Labor Standards Act (FLSA), and there is no state law requiring meal breaks, rest breaks, or paid sick leave. What Idaho does regulate is how and when wages are paid: the Idaho Wage Payment Act sets monthly paydays, a 10-day deadline for final paychecks, and strict limits on deductions. The Idaho Department of Labor's Wage and Hour section enforces those rules and handles wage claims.
This guide covers what a Boise, Nampa, or Idaho Falls employer needs to get right in 2026, with links to the agency pages the rules come from.
Minimum Wage in Idaho
Idaho's minimum wage is $7.25 per hour, the same as the federal rate, and it has not changed since 2009. The Idaho Department of Labor confirms the rate on its labor laws FAQ, which also lists a $3.35 cash wage for tipped employees and a $4.25 training wage for workers under 20 during their first 90 consecutive calendar days. Idaho law does not allow cities or counties to set their own minimum wage.
For tipped rules, the training wage, the history of the rate, and what a minimum wage worker earns in a year, see the dedicated Idaho minimum wage guide. The statewide picture is in minimum wage by state.
Overtime Rules
Idaho has no overtime statute of its own. Overtime is governed by the FLSA, and the Idaho Department of Labor's FAQ states the rule plainly: overtime "must be paid at a rate of time and one half for all hours 'worked' over 40 in a workweek," unless the employer or the employee is exempt. Each workweek stands alone. An employer cannot average a 48-hour week against a 32-hour week to avoid overtime.
There is no daily overtime threshold in Idaho. A 12-hour shift earns straight time unless the week passes 40 hours.
Worked example at the minimum wage. An employee paid $7.25 who works 45 hours in a week earns 40 × $7.25 = $290.00 in regular pay plus 5 × $10.875 = $54.38 in overtime, for $344.38 gross. Use the overtime calculator for other rates, and see overtime pay laws by state for how Idaho compares with daily-overtime states.
Exempt employees must meet the federal salary and duties tests. The federal salary threshold is $684 per week. Idaho does not set a higher state threshold.
Meal and Rest Breaks
Idaho has no break law for adult employees. The Department of Labor FAQ is direct: "Idaho law does not require employers to give breaks or meal periods." Breaks are only required if an employer's own policy or a contract promises them.
| Break type | Idaho requirement | What applies instead |
|---|---|---|
| Meal break | None | Federal rule: an unpaid meal period of 30 minutes or more is allowed only if the employee is fully relieved of duty |
| Rest break | None | Federal rule: short breaks of 5 to 20 minutes, if offered, count as paid working time |
| Minors | No separate state rule | Federal child labor rules and school district oversight |
If you offer breaks, put the policy in writing and apply it consistently. See rest and meal break laws by state for the states that do mandate breaks, and use the break time calculator to plan shifts.
Paid Sick Leave and Other Leave
Idaho does not require paid sick leave, paid vacation, or paid holidays. The state guide to labor laws lists "vacation, holiday, severance or sick pay" among the things Idaho law does not require. The leave rules that do apply are federal or narrow state provisions.
| Leave type | Idaho requirement | Notes |
|---|---|---|
| Paid sick leave | None | Employer policy governs; no city ordinances |
| Family and medical leave | Federal FMLA only | 50 or more employees; 12 weeks unpaid |
| Jury duty | Job protected | Employers may not discharge an employee for jury service; no pay requirement |
| Military leave | Federal USERRA plus state protections for National Guard | Reinstatement rights |
| Voting leave | No state statute | Confirm with the Department of Labor before relying on any leave |
For the national picture see paid sick leave laws in the US and jury duty laws in the US. Many Idaho employers still offer PTO to stay competitive; the what is PTO guide explains how to structure it.
PTO Payout and Final Paychecks
Idaho's Wage Payment Act (Idaho Code 45-606 through 45-617) controls the timing of final wages. The Department of Labor FAQ states that after separation, "all wages then due must be paid the sooner of the next regularly scheduled payday or within 10 days," excluding weekends and holidays. If the employee makes a written request for earlier payment, the employer must pay "within 48 hours of the employer's receipt of the written request," again excluding weekends and holidays. The same deadlines apply whether the employee quit or was terminated.
Idaho has no statute requiring payout of unused vacation or PTO. Whether accrued time is paid out depends on the employer's written policy or contract. If a policy promises payout, the Department of Labor can enforce it as wages due. See PTO payout laws by state for the comparison.
Regular paydays must be at least monthly on days designated in advance (Idaho Code 45-608). Employers must tell employees their rate of pay and payday at hiring and must give notice of any pay reduction before the work is performed (Idaho Code 45-610).
Exempt vs Non-Exempt Employees
Idaho applies the federal exemption tests without modification. An employee is exempt from overtime only if they are paid on a salary basis, earn at least $684 per week, and primarily perform executive, administrative, professional, computer, or outside sales duties. Paying a salary alone does not create an exemption.
Idaho's FAQ notes that salaried non-exempt employees must still receive time and a half for hours over 40. Use the FLSA exemption flowchart to classify roles and read exempt vs non-exempt employees for the duties tests in detail.
Child Labor Rules
Idaho child labor law sits in Idaho Code 44-1301 through 44-1308 and is enforced locally: the Department of Labor's guide says violations "should be brought to the attention of the probation officer or school trustees in the county where the violations occur." Federal FLSA child labor rules apply on top of state law for covered employers.
| Age group | Idaho and federal rules |
|---|---|
| Under 14 | Generally may not work in non-agricultural jobs; federal exceptions for newspaper delivery, casual work, and family businesses |
| 14 and 15 | Idaho Code caps hours for minors under 16 and bars work during school hours and late at night; federal rules limit 14 and 15 year olds to 3 hours on a school day, 18 in a school week, 8 on a non-school day, 40 in a non-school week, and 7 AM to 7 PM (9 PM in summer). Confirm current Idaho limits with the Department of Labor |
| 16 and 17 | No state hour limits; federal hazardous occupation orders apply |
| Work permits | Idaho does not require state-issued work permits |
See child labor laws in the US for the federal rules that apply in every state.
Other Idaho Employment Rules
- Deductions. Employers may not withhold wages unless required by law or authorized in writing by the employee, and deductions cannot reduce pay below the minimum wage (Idaho Code 45-609). Employees must get an itemized statement of deductions each pay period.
- Pay disputes. When the amount owed is disputed, the employer must pay the undisputed portion without condition (Idaho Code 45-611). Accepting a partial check is not a release of the balance.
- Local wage preemption. Idaho law reserves minimum wage setting to the state, so no city or county rate applies. Confirm with the Department of Labor if a local ordinance is proposed.
- At-will employment. Idaho is a work-at-will state: either party may end the relationship at any time with or without cause, unless a contract or policy limits that right.
- Farm labor contractors. Contractors must be licensed by the Department of Labor and may need to post a surety bond.
Hiring, Termination, and Record-Keeping
Idaho's anti-discrimination law, the Idaho Human Rights Act, covers employers with five or more employees and is enforced by the Idaho Human Rights Commission. Federal laws such as Title VII (15 or more employees), the ADA, and the ADEA apply on top of it. Employers must verify work eligibility with Form I-9 and follow the Fair Credit Reporting Act for background checks.
Required postings include the federal FLSA, OSHA, EEOC, FMLA, and USERRA posters plus the Idaho unemployment insurance, workers' compensation, and Human Rights Commission notices. The Department of Labor publishes a required posters packet.
Payroll records must show hours worked each day and week, the regular rate, overtime pay, deductions, and the date and period of each payment. The FLSA requires payroll records for three years and time cards for two. A time card calculator covers a single week; the timekeeping policy template sets the written rules that keep records defensible.
Common Compliance Mistakes in Idaho
- Missing the 48-hour rule. A departing employee who asks in writing for early payment must be paid within two business days, not on the next payday.
- Docking pay without written authorization. Idaho Code 45-609 permits deductions only when required by law or authorized by the employee in writing, and the employer must itemize them each pay period.
- Conditioning a partial payment. When wages are disputed, the undisputed portion must be paid without conditions, and cashing that check does not waive the employee's claim to the rest.
- Skipping the payday notice. Employers must tell new hires their rate and regular payday at hiring and must give notice before any pay reduction takes effect.
- Using the training wage past 90 days. The $4.25 rate for workers under 20 ends after 90 consecutive calendar days, counted from the first day of work, not the first day of training.
- Treating school-age hiring as unregulated. Idaho's child labor statute is enforced locally, but federal hour limits for 14 and 15 year olds apply to FLSA-covered employers and are the ones most often cited in complaints.
Frequently Asked Questions
What is the minimum wage in Idaho in 2026?
$7.25 per hour, the federal rate. Tipped employees may be paid $3.35 in cash if tips bring them to $7.25. Workers under 20 may be paid $4.25 for their first 90 calendar days.
Does Idaho require lunch breaks?
No. Idaho has no meal or rest break law for adults. If an employer offers breaks, federal rules decide whether they are paid: breaks under 20 minutes are paid, and a meal period of 30 minutes or more can be unpaid if the employee is fully relieved of duty.
When is a final paycheck due in Idaho?
By the next regular payday or within 10 days of separation, whichever comes first, excluding weekends and holidays. If the employee asks in writing for earlier payment, the employer has 48 hours.
Is overtime required after 8 hours in a day in Idaho?
No. Idaho follows the federal 40-hour weekly rule only. Daily overtime applies in states such as California, Alaska, and Nevada, not Idaho.
Does Idaho have paid sick leave?
No. Idaho does not mandate paid sick leave, vacation, or holidays. Employers set their own policies.
Do employers in Idaho have to pay out unused vacation?
Only if their written policy or contract says so. Idaho has no statute requiring vacation payout, but a promised payout is enforceable as wages.
How often must Idaho employers pay employees?
At least once a month on a regular payday set in advance. Most employers pay biweekly or semimonthly.
Can an Idaho city set a higher minimum wage?
No. Idaho preempts local minimum wage ordinances, so $7.25 applies statewide.
Sources
- Idaho Department of Labor, Frequently Asked Questions on labor laws
- Idaho Department of Labor, Guide to Idaho labor laws (PDF)
- Idaho Code Title 44, Chapter 13, Child Labor
- US Department of Labor, state minimum wage laws
- US Department of Labor, state payday requirements
Reviewed September 2026
This guide summarizes Idaho and federal rules as published by the agencies above. Laws and agency guidance change, and some rules depend on employer size or industry. Confirm current requirements with the Idaho Department of Labor before making payroll or policy decisions.
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