Title 44 — LABOR

44-1601. Definitions. As used in this chapter: (1) "Agricultural association" means any nonprofit or cooperative association of farmers, growers or ranchers, incorporated or qualified under applicable state law. (2) "Agricultural employer" means any person engaged in any activity…

44-1602. Exemptions. The provisions of this chapter shall not apply to the following: (1) An agricultural association engaged in farm labor contracting activities exclusively for members of that association. (2) Any individual engaged in farm labor contracting for an agricultural…

44-1603. License — Application — Contents. (1) Except as otherwise provided, no person shall act as a farm labor contractor unless such person holds a valid license issued by the department. (2) An application for a farm labor contractor’s license shall be sworn to by the applica…

44-1604. Applicant — Proof of financial responsibility — Payment of claims. (1) Each applicant shall submit with the application and shall continually maintain proof of financial responsibility to ensure the prompt payment of employees’ wages pursuant to chapter 6, title 45, Idah…

44-1605. Application fee — Appropriation. Each application shall be accompanied by a nonrefundable fee of two hundred fifty dollars ($250). All fees collected shall be continuously appropriated to the department and used for the administration of this chapter.

44-1606. Department — Licensing duties — License — Term — Renewal fee. (1) The department shall issue licenses to persons who are at least eighteen (18) years of age and who have shown themselves to be fit, competent and qualified to engage in the business of farm labor contracti…

44-1607. Farm labor contractor — Duties. A farm labor contractor shall: (1) Carry his farm labor contractor license at all times and exhibit such license upon request to anyone with whom the farm labor contractor intends to deal in his capacity as a farm labor contractor. (2) Fil…

44-1608. Farm labor contractor — Applicant for license — Prohibited acts. A farm labor contractor or an applicant for a farm labor contractor’s license shall not: (1) Make misrepresentations or false statements on the application for a license. (2) Make or cause to be made, to an…

44-1609. License — Denial, revocation, suspension, refusal to renew. (1) The department may deny, revoke, suspend or refuse to renew a farm labor contractor license when: (a) The applicant or licensee, or the agent of the applicant or licensee, has had his farm labor contractor’s…

44-1610. Action against license — Hearing. (1) The contested case provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, shall not apply to licensing actions under this chapter. (2) When it appears, pursuant to section 44-1609, Idaho Code, that su…

44-1611. Joint liability. (1) If an agricultural employer uses a farm labor contractor who is properly licensed and bonded under the provisions of this chapter, that agricultural employer shall not be jointly and severally liable for any unpaid wages determined to be due and owin…

44-1612. Claim for wages — Exclusive remedy. A claim for unpaid wages by an employee of a farm labor contractor shall be treated as a claim for wages under chapter 6, title 45, Idaho Code.

44-1613. Private right of action. Except as provided for in section 44-1612, Idaho Code, any person aggrieved by a violation of this chapter may bring a civil action in a court of competent jurisdiction for injunctive relief, damages or both. If the court finds that any person vi…

44-1614. Service of process when unlicensed contractor is unavailable. In any action arising out of the activities of an unlicensed farm labor contractor within this state who is not in the state or is otherwise unavailable for service of process in this state, the unlicensed far…

44-1615. Retaliation prohibited. No farm labor contractor may discharge or in any other manner discriminate against an employee because that employee made a claim against the farm labor contractor pursuant to this chapter, testified or is about to testify in any proceedings broug…

44-1616. Violations — Penalty. (1) Any person who intentionally defaces, alters or changes a farm labor contractor license, or who uses the license of another, or who knowingly permits another person to use his license or acts as a farm labor contractor without a license shall be…

44-1617. Department — Administrative rules. The department may adopt rules reasonably necessary for the administration of this chapter.

44-1618. Severability. The provisions of this chapter are hereby declared to be severable, and if any provision is declared void, invalid, or unenforceable in whole or in part, such declaration shall not affect the remaining provisions of this chapter.