Title 45 — LIENS, MORTGAGES AND PLEDGES

45-601. Definitions. Whenever used in this chapter: (1) "Claimant" means an employee who filed a wage claim with the department in accordance with this chapter and as the director may prescribe. (2) "Department" means the department of labor. (3) "Director" means the director of …

45-602. Wages of employees preferred. In all assignments of property made by any person to trustees or assignees, or in proceedings in insolvency, an employee’s wages for services rendered within sixty (60) days preceding such assignment, not exceeding five hundred dollars ($500)…

45-603. Preference of wages — Death of employer. In case of the death of any employer, the wages of each employee for services rendered within the sixty (60) days preceding the death of the employer, not exceeding five hundred dollars ($500), rank in priority next after the funer…

45-604. Preference of wages on execution and attachment. In cases of executions, attachments and writs of similar nature, issued against any person or his property, except for claims for labor done, any employee who has claims against the defendant for labor done upon the propert…

45-605. Debtor or creditor may dispute claim. The debtor or creditor intending to dispute a claim presented under the provisions of section 45-604, Idaho Code, shall, within ten (10) days after receiving notice of such claim, serve upon the claimant and the officer executing the …

45-606. Payment of wages upon separation from employment. (1) Upon layoff, or upon termination of employment by either the employer or employee, the employer shall pay or make available at the usual place of payment all wages then due the employee by the earlier of the next regul…

45-607. Penalty for failure to pay. Whenever an employer fails to pay all wages then due an employee at the times due under section 45-606, Idaho Code, then the employee’s wages shall continue at the same rate as if services had been rendered in the manner as last employed until …

45-608. Pay periods — Penalty. (1) Employers shall pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are…

45-609. Withholding of wages. (1) No employer may withhold or divert any portion of an employee’s wages unless: (a) The employer is required or empowered to do so by state or federal law; or (b) The employer has a written authorization from the employee for deductions for a lawfu…

45-610. Records to be kept by employer — Notice to employees. (1) Employment records must be maintained for a minimum period of three (3) years from the last date of the employee’s service. (2) Every employer shall give notice to its employees at the time of hiring of the rate of…

45-611. Wages that are in dispute. (1) In case of a dispute as to the amount of wages due an employee, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employee all r…

45-612. Filing false claim — Penalty. (1) Any person making a false claim for wages or other compensation under this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punishable by confinement in the county jail for a period not to exceed six (6…

45-613. Discharging or retaliating against employees asserting rights under this chapter. No employer shall discharge or in any other manner retaliate against any employee because that employee has made a complaint to the employer, or to the department, or filed suit alleging tha…

45-614. Collection of wages — Limitations. Any person shall have the right to collect wages, penalties and liquidated damages provided by any law or pursuant to a contract of employment, but any action thereon shall be filed either with the department or commenced in a court of c…

45-615. Collection of wage claims by suit — Attorney’s fees and costs. (1) As an alternative to filing a wage claim with the department, any person may assert a wage claim arising under this chapter in any court of competent jurisdiction or pursue any other remedy provided by law…

45-616. Enforcement. (1) The director shall enforce and administer the provisions of this chapter. The director is empowered to hold hearings and otherwise investigate violations or alleged violations of this chapter and any rules promulgated pursuant thereto, and to issue orders…

45-617. Administrative proceedings for wage claims. (1) Wage claims filed with the department, excluding potential penalties, are limited by the same dollar amount that limits actions before the small claims department of the magistrate division of the district court. (2) The con…

45-618. Administrative enforcement and collection of wage claims. (1) A department determination, if not appealed to an appeals examiner; or a decision of the appeals examiner, if judicial review is not sought; or a court order following judicial review, may be enforced by the de…

45-619. Judicial review. (1) A claimant or employer aggrieved by a final decision of the appeals examiner may obtain judicial review of the decision pursuant to the provisions of chapter 52, title 67, Idaho Code, and the provisions of this section. (2) If the employer files a pet…

45-620. Liens. (1) Upon the failure of any person to pay any amount when due pursuant to section 45-617, Idaho Code, the department may file with the office of the secretary of state, as provided in chapter 19, title 45, Idaho Code, a notice of lien. (2) Upon delivery to the secr…

45-621. Collection of lien amounts. (1) In addition to all other remedies or actions provided by this chapter, it shall be lawful for the director or his agent to collect any amounts secured by liens created pursuant to this chapter by seizure and sale of the property of any pers…