Title 44 — LABOR

44-1401. Cases where employer deemed liable — Assumption of risk by employee. Every employer of labor in or about a railroad, street railway, factory, workshop, warehouse, mine, quarry, engineering work, and any building which is being constructed, repaired, altered, or improved,…

44-1402. Employee’s knowledge of defect or negligence — When employer excused thereby. The master or employer shall not be liable under any of the provisions of section 44-1401 if the servant or employee knew of the defect or negligence causing the injury, or by the exercise of r…

44-1403. Employee’s knowledge of incompetency of coemployee — When employer excused thereby. The master or employer shall not be liable under any of the provisions of section 44-1401 where the injury to the employee was caused by the incompetency of a coemployee, and such incompe…

44-1404. Injury or death of minor — Who may maintain action. In the case of injury to an employee who is a minor, then the father, or in case of his death or the desertion of his family, the mother may maintain an action for injuries received for which the master is liable under …

44-1405. Death of adult employee — Who may maintain action. In case the employee be not a minor and the injuries result in his death, then an action may be maintained by the widow of the deceased, or if he leaves no widow, his next of kin who at the time of his death were depende…

44-1406. Damages in case of death — Maximum amount — Exemption from debts of deceased. The amount of damages to be recovered in case of death shall not exceed the sum of five thousand dollars ($5000.00). The damages recovered on account of death shall not be subject to the debts …

44-1407. Notice prerequisite to maintenance of action. No action for the recovery of compensation for injuries or death under this chapter shall be maintained unless notice of the time, place and cause of the injury is given to the employer within one hundred and fifty (150) days…

44-1501. Short title. This act shall be known and may be cited as the "Minimum Wage Law."

44-1502. Minimum wages. (1) Except as hereinafter otherwise provided, no employer shall pay to any of his employees any wages computed at a rate of less than seven dollars and twenty-five cents ($7.25) per hour for employment. The amount of the minimum wage shall conform to, and …

44-1503. Definitions. "Agriculture" includes farming in all its branches and, among other things, includes the cultivation and tillage of the soil; dairying; the production, cultivation, growing and harvesting of any agricultural, aquacultural or horticultural commodities; the ra…

44-1504. Employees excepted from provisions of act. The provisions of this act shall not apply to: (1) Any employee employed in a bona fide executive, administrative or professional capacity; or (2) Anyone engaged in domestic service; or (3) Any individual employed as an outside …

44-1505. Employment of workers with disabilities for subminimum wages. The payment of the minimum wage under this act shall not apply to a worker with disabilities, if the employer is issued a special certificate, as provided now or hereafter under the federal fair labor standard…

44-1506. Apprentice. For any employment in which the minimum wage is applicable, the director of the department of labor may issue to an apprentice or learner a special license authorizing the employment of such apprentice or learner for the time and under the conditions which he…

44-1507. Posting of summary of the act. Every employer subject to this act shall keep a summary of this act, furnished by the director of the department of labor, without charge, posted in a conspicuous place, in or about the premises wherein any person subject to the act is empl…

44-1508. Enforcement. (1) When the director of the department of labor has reason to believe that an employer is engaged in an act or practice which violates or will violate a provision of chapter 15, title 44, Idaho Code, he may bring an action in a court of competent jurisdicti…

44-1509. Discharging or discriminating against employee’s asserting rights under minimum wage law prohibited. No employer shall discharge or in any other manner discriminate against any employee: (1) Because the employee has made complaint that he has not been paid wages in accor…

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.

44-1701. Definitions. As used in this act: (1) "Employee" means any individual employed by an employer, including individuals employed by the state or any of its political subdivisions. (2) "Employer" includes any person acting directly or indirectly in the interest of an employe…

44-1702. Discriminatory payment of wages based upon sex prohibited. (1) No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which h…

44-1703. Powers and duties of director with respect to unlawful pay practices. (1) The director is authorized to endeavor to eliminate pay practices unlawful under this act, by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages owin…

44-1704. Procedures for collection of unpaid wages. (1) Any employer who violates the provisions of section 44-1702, Idaho Code, shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of wilful violation in employee suits under…

44-1801. Definitions. As used in this act the following terms shall have the following meanings: (1) "Firefighter" shall mean the paid members, except supervisors, of any regularly constituted fire department in any city, county, fire district or political subdivision within the …

44-1802. Collective bargaining rights of firefighters — Representation by bargaining agent. The firefighters in any city, county, fire district or other political subdivision in the state of Idaho shall have the right to bargain collectively with their respective cities, counties…

44-1803. Recognition of exclusive bargaining agent. The organization selected by the majority of the firefighters in any city, county, fire district or political subdivision shall be recognized as the sole and exclusive bargaining agent for all of the firefighters in the fire dep…

44-1804. Obligation of corporate authorities to bargain in good faith — Entering into written contract. It shall be the obligation of the city, county, fire district or other political subdivision through its proper corporate authorities or their designees, to meet and confer in …

44-1805. Submission of issues to fact finding commission. In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issue…

44-1806. Appointment of fact-finding commission — Public officials and employees ineligible — Payment of expenses. Within five (5) days from the expiration of the thirty (30) day period referred to in section 44-1805, Idaho Code, the bargaining agent and the corporate authorities…

44-1807. Negotiated agreements constitute contract. Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after the fact finding commission’s recommendation shall constitute the collective bargaining…

44-1808. Notice of request for bargaining on matters requiring appropriation. Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city, county, fire district or political subdivision are included as a matter of collective bargaining conducted…

44-1809. Notice of hearing before fact finding commission — Presentation of evidence — Determination by majority. (a) The fact finding commission shall appoint a time and place for hearing and cause notification to the parties consisting of the bargaining agent and the corporate …

44-1810. Written recommendation of commission — Copies to parties. The recommendation of the fact finding commission shall be in writing and signed by the members joining in the recommendation. The fact finding commission shall deliver a copy of the recommendation to the bargaini…

44-1811. Strikes prohibited during contract. Upon consummation and during the term of the written contract or agreement, no firefighter shall strike or recognize a picket line of any labor organization while in the performance of his official duties.

44-1812. Minimum standards for employing paid firefighters. (1) No person may be employed as a paid firefighter as defined in sections 44-1801(1) and 59-1391(f), Idaho Code, until that person: (a) Has met and has been certified by the examining physician selected by the corporate…