Title 44 — LABOR

44-1901. Statement of intent. It is hereby declared that the legislature of the state of Idaho, by the passage of this act, recognizes that the provision of toilet facilities for workers working in fields in the growing and harvesting of crops is necessary to preserve sanitation …

44-1902. Definitions. As used in this chapter, the following terms have the following meanings: (1) "Farm operation" means any activity by which a crop is planted, grown, tended, cultivated or harvested, in which eight (8) or more workers are working as a crew, unit or group for …

44-1903. Furnishing of toilet facilities. On any farm operation, the farm operator, or when workers are furnished by a farm labor contractor, the farm labor contractor, shall provide and maintain at least one (1) toilet facility in a clean and sanitary condition for every forty (…

44-1904. Retaliatory actions. No farm operator or farm labor contractor may discharge or in any manner retaliate against any worker because the worker has instituted or is about to institute any proceedings under this chapter, or has testified, or is about to testify, in any proc…

44-1905. Violation — Penalty — Misdemeanor. Any farm operator or farm labor contractor who willfully or negligently violates section 44-1903, Idaho Code, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300)…

44-2001. Declaration of public policy. It is hereby declared to be the public policy of the state of Idaho, in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth, that the right to work s…

44-2002. Labor organization. The term "labor organization" means any organization of any kind, or agency or employee representation committee or union, which exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, othe…

44-2003. Freedom of choice guaranteed, discrimination prohibited. No person shall be required, as a condition of employment or continuation of employment, (1) to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor …

44-2004. Voluntary payments protected. (1) It shall be unlawful to deduct from the wages, earnings or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization, unless the employee has firs…

44-2005. Agreements in violation, and actions to induce such agreements, declared illegal. Any agreement, understanding or practice, written or oral, implied or expressed, between any labor organization and employer which violates the rights of employees as guaranteed by provisio…

44-2006. Coercion and intimidation prohibited. It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer or agent thereof, by any threatened or actual intimidation of an employee or prospective employee or his parents, s…

44-2007. Penalties. Any person who directly or indirectly violates any provision of this chapter, excluding the provisions of section 44-2013, Idaho Code, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding one thousand dollars (…

44-2008. Civil remedies. Any employee injured as a result of any violation or threatened violation of the provisions of this chapter, excluding the provisions of section 44-2013, Idaho Code, shall be entitled to injunctive relief against any and all violators or persons threateni…

44-2009. Duty to investigate. It shall be the duty of the prosecuting attorneys of each county and of the attorney general of this state, to investigate complaints of violation or threatened violations of this chapter and to prosecute all persons violating any of its provisions, …

44-2010. Prospective application. The provisions of this chapter shall apply to all contracts entered into after the effective date of this chapter and shall apply to any renewal or extension of any existing contract.

44-2011. Applicability. The provisions of this chapter are applicable to all employment, private and public, including all employees of the state and its political subdivisions.

44-2013. Public Works — wages. Notwithstanding any other provision found in chapter 10, title 44, Idaho Code, and chapter 57, title 67, Idaho Code, the following shall apply: (1) This act shall be known as the "Open Access to Work Act." (2) For purposes of this section, the follo…

44-2014. 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.

44-2101. Purpose — License required — Reinstatement. (1) The legislature finds that the regulation and control of those persons engaged in the business of manufacturing, selling or installing manufactured and mobile homes is necessary to protect the health and safety of the citiz…

44-2101A. Definitions. As used in this chapter: (1) "Administrator" means the administrator of the division of occupational and professional licenses of the state of Idaho. (2) "Board" means the factory built structures advisory board established in section 39-4302, Idaho Code. (…

44-2102. Administration — Powers and duties. The administrator is charged with the administration of the provisions of this chapter and shall: (1) In accordance with the provisions of chapter 52, title 67, Idaho Code, promulgate, adopt, amend, and repeal necessary rules for the e…

44-2103. Fees — Deposit of fees. (1) Fees for licensing of retailers, installers, and manufacturers shall not exceed: (a) Retailer license (b) Manufacturer license (c) Installer license (2) All license fees collected by the division of occupational and professional licenses under…

44-2104. factory built structures advisory board. (1) The factory built structures advisory board, established in the division of occupational and professional licenses in accordance with the provisions of section 39-4302, Idaho Code, shall advise the administrator in the adminis…

44-2105. Discipline — Hearing — Judicial review — Reapplication. (1) The administrator may refuse to issue, renew, or reinstate or may suspend, revoke or take other disciplinary action against any license, if the license was obtained through error or fraud, or if the holder there…

44-2106. Violations. (1) It shall be unlawful to engage in business as a manufacturer, retailer, or installer without being duly licensed by the division of occupational and professional licenses pursuant to this chapter, except that an individual may buy, sell, broker, trade or …

44-2107. Penalty provisions. (1) Whoever shall violate any of the provisions of this chapter, or any laws or rules adopted pursuant to this chapter, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time, or who shall fa…

44-2108. Retailer — Additional licensure requirements. (1) Each business office or retail sales location shall be owned or leased by the retailer and shall comply with all local building codes, zoning, and other applicable land use regulatory ordinances, and: (a) If the location …

44-2201. Mobile and manufactured homes installation. (1) All new manufactured homes must be installed in accordance with the manufacturer’s approved installation instructions. All used mobile and manufactured homes shall be installed in accordance with the Idaho manufactured home…

44-2202. Installation permits and inspections required. (1) The owner or the installer of a mobile or manufactured home must obtain an installation tag and permit as applicable before installing a mobile or manufactured home that will be used as a residence on a building site or …

44-2401. Short title. This act shall be known and may be cited as the "Idaho Professional Employer Recognition Act."

44-2402. Purpose. The legislature recognizes the increased popularity of professional employer services to small Idaho businesses and, therefore, deems it necessary in the interest of public health, safety and welfare to recognize such business enterprises, set forth certain defi…

44-2403. Definitions. As used in this chapter: (1) "Administration fee" means those charges made by the professional employer to the client over and above the cost of taxes, premiums, wages, state and federal withholdings or licensing procedures. (2) "Assigned worker" is a person…

44-2404. Exemptions. This chapter shall not apply to labor organizations or to any political subdivision of the state, the United States, and any programs or agencies thereof. A professional employer arrangement shall have no effect on existing collective bargaining agreements.

44-2405. Minimum standards. (1) Each professional employer shall, as a condition to being recognized by this chapter, agree to the following standards: (a) Have a written contract between the client and the professional employer setting forth the responsibilities and duties of ea…

44-2406. Other law. Nothing in this chapter exempts a client of a professional employer company nor a worker assigned to a client by a professional employer from any other state, local or federal license or registration requirement. Any individual who must be licensed, registered…

44-2407. Severability. If any provisions of this chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or applic…

44-2501. Legislative intent. In order to ensure a continued supply of safe, affordable housing, the state of Idaho hereby adopts a rehabilitation program for existing mobile homes constructed prior to June 15, 1976, the effective date of the federal manufactured housing and safet…

44-2502. Application of chapter — Rehabilitation required — Certificate of compliance. (1) This chapter shall apply to the installation of mobile homes constructed prior to June 15, 1976, within the jurisdiction of a city or county requiring an installation permit pursuant to sec…

44-2503. Rehabilitation requirements. The mobile home shall meet the following rehabilitation requirements: (1) A smoke detector (which may be a single station alarm device) shall be installed on any wall in a hallway or space communicating with each bedroom area and the living a…

44-2504. Rehabilitation form and checklist — Administrative fee — Rules. (1) The administrator of the division of occupational and professional licenses shall, by rule, establish a mobile home rehabilitation form and checkoff list. The form shall be completed and signed by an aut…

44-2601. Short title. This chapter shall be known as the "Voluntary Contributions Act."

44-2602. Definitions. (1) As used in this chapter the following terms have the following meanings: (a) "Ballot proposition" includes initiatives, referenda, proposed constitutional amendments, and any other items submitted to the voters for their approval or rejection. (b) "Filin…

44-2603. Limits on labor organization contributions. (1) (a) A labor organization may only make expenditures for political activities if the labor organization establishes a separate segregated fund that meets the requirements of this chapter. (b) The labor organization shall ens…

44-2604. Criminal acts — Penalties. (1) (a) It is unlawful for a labor organization to make expenditures for political activities by using contributions: (i) Secured by physical force or threat of force, job discrimination or threat of job discrimination, membership discriminatio…

44-2605. Registration — Disclosure. Each fund established by a labor organization under this chapter shall: (1) Register as a political committee as required by chapter 66, title 67, Idaho Code; and (2) File the financial reports for political committees required by chapter 66, t…

44-2701. Agreements and covenants protecting legitimate business interests. A key employee or key independent contractor may enter into a written agreement or covenant that protects the employer’s legitimate business interests and prohibits the key employee or key independent con…

44-2702. Definitions. For purposes of this chapter, the following terms shall have the following meanings: (1) "Key employees" and "key independent contractors" shall include those employees or independent contractors who, by reason of the employer’s investment of time, money, tr…

44-2703. Construction and enforcement. To the extent any such agreement or covenant is found to be unreasonable in any respect, a court shall limit or modify the agreement or covenant as it shall determine necessary to reflect the intent of the parties and render it reasonable in…

44-2704. Restriction of direct competition — Rebuttable presumptions. (1) Under no circumstances shall a provision of such agreement or covenant, as set forth herein, establish a postemployment restriction of direct competition that exceeds a period of eighteen (18) months from t…