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title-44•Title 44 — Labor
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
(1) It is unlawful for any employer to maintain a blacklist, or to notify any other employer that any current or former employee has been blacklisted by such employer, for the purpose of preventing such employee from receiving employment.
(2) An employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, or at the request of the current or former employee, may not be held civilly liable for the disclosure or the consequences of providing the information.
There is a rebuttable presumption that an employer is acting in good faith when the employer provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee or at the request of the current or former employee.
The presumption of good faith is rebuttable only upon showing by clear and convincing evidence that the employer disclosed the information with actual malice or with deliberate intent to mislead.
For the purposes of this section, "actual malice" means knowledge that the information was false or given with reckless disregard of whether the information was false.
[44-201, added 1996, ch. 131, sec. 1, p. 454.]
(1) As used in this section:
(a) "Provider" means any professional licensed under the laws of this state whose communications with clients or patients are subject to any requirement of confidentiality or privilege pursuant to the laws, regulations, or rules of court of this state and who provides professional services to employee assistance program participants.
(b) "Participants" means employees eligible to participate in an employee assistance program and all others eligible to participate in an employee assistance program by virtue of their relationship to an employee.
(c) "Employee assistance program" means a program established by an employer for the benefit and convenience of its employees pursuant to which participants access the professional services of one (1) or more providers regardless of who is responsible for the payment of any fees charged for such services, and regardless of the type of employment or business relationship, if any, that the employer has with the providers involved.
(2) No provider shall disclose to an employer, and no employer shall be entitled to obtain disclosure of, a communication from a participant that is privileged from disclosure, or required to be kept confidential by a provider, under the laws, regulations or rules of court of this state. No employer shall be held liable in any degree on the basis of any communication between a participant and a provider unless the employer actually knew, or should have known, of the information communicated before the alleged breach of duty or harm occurred. The nature of the employment or business relationship between the employer and the provider shall not be a consideration in determining whether an employer actually knew of the information communicated between a participant and a provider.
(3) No participant shall be required to waive the confidential or privileged nature of any communication as a condition of participating in an employee assistance program, but this subsection shall not apply to an employer’s referral of an employee to a provider which is a condition of the employee’s continued employment.
[44-202, added 1999, ch. 366, sec. 2, p. 967.]
It shall be the duty of any person, persons, company or corporation engaged in working any mine, mines, mining premises or in developing any mining claim or claims, whether quartz or placer, or in the running of any tunnel, or in the erection or repair of any building or other structure, or in the construction of any canal, ditch, railroad, wagon road or aqueduct, in every case where mechanics or laborers are employed in or about the properties above-mentioned to make, record and publish a statement under oath, setting forth the following data:
The name or names of the owner or owners of the mine, mines, mining claims or premises, tunnel, building, canal, ditch, railroad, wagon road, aqueduct or other structure upon which work is being done or upon which it is intended to begin work.
The name or names of the person, persons, company or corporation engaged in, or who contemplates engaging in, work upon any of the properties or structures mentioned herein.
The conditions under which said person, persons, company or corporation is prosecuting said work, whether as owner, agent, lessee, contractor, subcontractor, contemplative purchaser or lienholder.
The principal office of said person, persons, company or corporation, and, if a corporation, the state or county where incorporated and the agent in this state on whom service may be had.
The day of the week or month when payment of the laborers, mechanics and materialmen will be made, and the place where said payments will be made.
A statement of all mortgages and liens against the property on which work is being done, with the amount of each of said encumbrances and whether or not the same is due.
[(44-501) 1899, p. 365, sec.sec. 1, 2; compiled and reen. R.C. & C.L., sec. 1446; C.S., sec. 2311; I.C.A., sec. 43-401.]
Any person, persons, company or corporation who shall engage in working, developing or prospecting any mine, mines, mining claim or premises, or in running any tunnel, or in repairing or erecting any building, or in constructing any canal, ditch, railroad, wagon road, aqueduct or other structure, and shall employ any mechanics or laborers in prosecuting said work, shall, before employing said mechanics or laborers or any of them, make a statement under oath containing the data provided for in section 44-501, and file the same for record in the office of the recorder of the county in which said labor is being done, and if there be a district recorder, then also in the office of said district recorder of the district where said mechanics or laborers are employed, and also to post similar statements in his or its office, at the place where the payment of wages is to be made, and in a public and conspicuous place where it can be easily seen at or near the place where said mechanics or laborers are employed.
[(44-502) 1899, p. 365, sec.sec. 3, 4; compiled and reen. R.C. & C.L., sec. 1447; C.S., sec. 2312; I.C.A., sec. 43-402.]
Any person, persons, company or corporation, or any managing agent violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100, or by imprisonment in the county jail for not exceeding three (3) months.
[(44-503) 1899, p. 365, sec. 5; reen. R.C. & C.L., sec. 1448; C.S., sec. 2313; I.C.A., sec. 43-403.]
Whenever any person, or any association or union of workingmen, has heretofore adopted or used, or shall hereafter adopt or use, any label, term, design, device or form of advertisement, other than a trademark or a service mark, for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other products of labor, as having been made, manufactured, produced, prepared, packed or put on sale, by such person, or association, or union of workingmen, or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, term, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, term, design, device or form of advertisement.
[(44-601) 1897, p. 123, sec. 1; reen. 1899, p. 316, sec. 1; reen. R.C. & C.L., sec. 1449; C.S., sec. 2314; I.C.A., sec. 43-501; am. 1965, ch. 306, sec. 1, p. 818.]
Whoever counterfeits or imitates any such label, term, design, device or form of advertisement, or sells, offers for sale, or in any way utters, or circulates any counterfeit or imitation of any such label, term, design, device or form of advertisement, other than a trademark or a service mark; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed; or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, shall be guilty of a misdemeanor and be punished by a fine of not more than $100, or by imprisonment for not more than three (3) months.
[(44-602) 1897, p. 123, sec. 2; reen. 1899, p. 316, sec. 2; reen. R.C. & C.L., sec. 1450; C.S., sec. 2315; I.C.A., sec. 43-502; am. 1965, ch. 306, sec. 2, p. 818.]
(1) Every such person, association or union, that has heretofore adopted or used, or shall hereafter adopt or use, a label, term, design, device or form of advertisement, other than a trademark or a service mark, as provided in section 44-601, Idaho Code, may file the same for record in the office of the secretary of state, by leaving two (2) copies, counterparts or facsimiles thereof with said secretary, and by filing therewith a sworn application specifying the name or names of the person, association or union on whose behalf such label, term, design, device or form of advertisement shall be filed; the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing or on whose behalf such label, term, design, device, or form of advertisement shall be filed, has the right to use of the same; that no other person, firm, association, union or corporation has a right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of twenty dollars ($20.00). Said secretary shall deliver to such person, association, or union, so filing or causing to be filed any such label, term, design, device or form of advertisement, so many duly attested certificates of the recording of the same as such person, association, or union may apply for, for each of which certificates said secretary shall receive a fee of twenty dollars ($20.00). Any such certificate of record shall, in all suits and prosecutions under this chapter, be sufficient proof of the adoption of such label, term, design, device or form of advertisement. Said secretary of state shall not record for any person, union, or association, any label, term, design, device or form of advertisement that would probably be mistaken for any label, term, design, device or form of advertisement theretofore filed by or on behalf of any other person, union or association.
(2) Registration of a label, term, design, device, or form of advertisement hereunder shall be effective for a term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registered label, term, design, device or form of advertisement may be renewed for a like term. A renewal fee of twenty dollars ($20.00), payable to the secretary of state, shall accompany the application for renewal of the registration. A label, term, design, device or form of advertisement registration may be renewed for successive periods of ten (10) years in like manner. The secretary of state shall notify registrants of labels, terms, designs, devices or forms of advertisements hereunder of the necessity of renewal within the year next preceding the expiration of the ten (10) years from the date of registration by writing to the last known address of the registrants.
Any registration in force on the date on which this act shall become effective shall expire ten (10) years from the date of the registration or of the last renewal thereof or one (1) year after the effective date of this act, whichever is later, and may be renewed by filing an application with the secretary of state on a form furnished by him and paying the aforementioned renewal fee therefor within six (6) months prior to the expiration of the registration.
All applications for renewals under this act, whether of registrations made under this act or of registrations effected under any prior act, shall include a statement that the mark is still in use in this state. The secretary of state shall within six (6) months after the effective date of this act notify all registrants of a label, term, design, device or form of advertisement, under previous acts of the date of expiration of such registration unless renewed in accordance with the provisions of this act, by writing to the last known address of the registrants.
[(44-603) 1897, p. 123, sec. 3; reen. 1899, p. 316, sec. 3; reen. R.C., sec. 1451; compiled and reen. C.L., sec. 1451; C.S., sec. 2316; I.C.A., sec. 43-503; am. 1965, ch. 306, sec. 3, p. 818; am. 1984, ch. 56, sec. 6, p. 99.]
Any person who shall, for himself or on behalf of any other person, association or union, procure the filing of any label, term, design or form of advertisement, other than a trademark or a service mark, in the office of the secretary of state under the provisions of this chapter, by making any false or fraudulent representations or declarations, verbally or in writing or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by, or on behalf of, the party injured thereby, in any court having jurisdiction, and shall be guilty of a misdemeanor, and be punished by a fine not exceeding $100, or by imprisonment not exceeding three (3) months.
[(44-604) 1897, p. 123, sec. 4; reen. 1899, p. 316, sec. 4; reen. R.C. & C.L., sec. 1452; C.S., sec. 2317; I.C.A., sec. 43-504; am. 1965, ch. 306, sec. 4, p. 818.]
Every such person, association or union adopting or using a label, term, design, device or form of advertisement, other than a trademark or a service mark, as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, and may award the complainant in any such suit damages resulting from such manufacture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such persons, association or union, all profits derived from such wrongful manufacture, use, display or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court or to the complainant to be destroyed.
[(44-605) 1897, p. 123, sec. 5; reen. 1899, p. 316, sec. 5; reen. R.C. & C.L., sec. 1453; C.S., sec. 2318; I.C.A., sec. 43-505; am. 1965, ch. 306, sec. 5, p. 818.]
Every person who shall use or display the genuine label, term, design, device or form of advertisement, other than a trademark or a service mark, of any such person, association or union, in any manner, not being authorized so to do by such person, union or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not more than three months or by fine of not more than $100.00. In all cases where such association or union is not incorporated, suits under this chapter may be commenced and prosecuted by an officer or members of such association or union on behalf of, and for the use of, such association or union.
[(44-606) 1897, p. 123, sec. 6; reen. 1899, p. 316, sec. 6; R.C. & C.L., sec. 1454; C.S., sec. 2319; I.C.A., sec. 43-506; am. 1965, ch. 306, sec. 6, p. 818.]
Any person or persons who shall in any way use the name or seal of any such person, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized so to use the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months, or by a fine of not more than $100.00.
[(44-607) 1897, p. 123, sec. 7; reen. 1899, p. 316, sec. 7; reen. R.C. & C.L., sec. 1455; C.S., sec. 2320; I.C.A., sec. 43-507.]
In the interpretation and application of this act, the public policy of this state is declared as follows:
Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of employment, and that he shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
[(44-701) 1933, ch. 215, sec. 1, p. 452.]
Every undertaking or promise hereafter made, whether written or oral, express or implied, between any employee or prospective employee and his employer, prospective employer or any other individual, firm, company, association, or corporation, whereby
(a) Either party thereto undertakes or promises to join or to remain a member of some specific labor organization or organizations or to join or to remain a member of some specific employer organization or any employer organization or organizations; and or
(b) Either party thereto undertakes or promises not to join or not to remain a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations and or
(c) Either party thereto undertakes or promises that he will withdraw from any employment relation in the event that he joins or remains a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations,
Is hereby declared to be contrary to public policy and shall not afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise, or against any other persons who may advise, urge or induce, without fraud, violence, or threat therefor, either party thereto to act in disregard of such undertaking or promise.
[44-702, added 1933, ch. 215, sec. 2, p. 452.]
No court, nor any judge or judges thereof shall have jurisdiction to issue any restraining order or temporary or permanent injunction which in specific or general terms prohibits any person or persons from doing, whether singly or in concert any of the following acts:
(a) Ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement to do such work or to remain in such employment;
(b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in section 44-702;
(c) Paying or giving to, or withholding from, any person any strike or unemployment benefits of insurance or other moneys or things of value;
(d) By all lawful means aiding any person who is being proceeded against in, or is prosecuting any action or suit in any court of the United States or of any state;
(e) Giving publicity to and obtaining or communicating information regarding the existence of, or the facts involved in, any dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat thereof;
(f) Ceasing to patronize or employ any person or persons;
(g) Assembling peaceably to do or to organize to do any of the acts heretofore specified or to promote lawful interests;
(h) Advising or notifying any person or persons of an intention to do any of the acts heretofore specified;
(i) Agreeing with other persons to do or not to do any of the acts heretofore specified;
(j) Advising, urging, or inducing without fraud, violence, or threat thereof, others to do the acts heretofore specified, regardless of any such undertaking or promise as is described in section 44-702; and
(k) Doing in concert of any or all the acts heretofore specified on the ground that the persons engaged therein constitute an unlawful combination or conspiracy.
[44-703, added 1933, ch. 215, sec. 3, p. 452.]
No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute (as these terms are herein defined) shall be held responsible or liable in any civil action at law or suit in equity, or in any criminal prosecution, for the unlawful acts of individual officers, members, or agents, except upon proof by the weight of evidence and without the aid of any presumptions of law or fact, both of (a) the doing of such acts by persons who are officers, members or agents of any such association or organization, and (b) actual participation in, or actual authorization of, such acts, or ratification of such acts after actual knowledge thereof by such association or organization.
[44-704, added 1933, ch. 215, sec. 4, p. 452.]
In the interpretation and application of sections 44-706—44-709, inclusive, the public policy of this state is declared as follows:
Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that
(1) The status quo cannot be maintained but is necessarily altered by the injunction,
(2) Determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error,
(3) Error in issuing the injunctive relief is usually irreparable to the opposing party, and
(4) Delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.
[44-705, added 1933, ch. 215, sec. 5, p. 452.]
No court nor any judge or judges thereof shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as herein defined, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of all the following facts by the court or judge or judges thereof;
(a) That unlawful acts have been threatened or committed, and will be executed or continued unless restrained;
(b) That substantial or irreparable injury to complainant’s property will follow unless the relief requested is granted;
(c) That as to each item of relief granted greater injury will be inflicted upon complainant by the denial thereof than will be inflicted upon defendants by the granting thereof;
(d) That no item of relief granted is relief that a court or judge thereof has no jurisdiction to restrain or enjoin under section 44-703;
(e) That complainant has no adequate remedy at law; and
(f) That the public officers charged with the duty to protect complainant’s property have failed or are unable to furnish adequate protection.
Such hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to those public officers charged with the duty to protect complainant’s property: provided, however, that
If a complainant shall also allege that unless a temporary restraining order shall be issued before such hearing may be had, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be granted upon the expiration of such reasonable notice of application therefor as the court may direct by order to show cause, but in no case less than forty-eight (48) hours.
Such order to show cause shall be served upon such party or parties as are sought to be restrained and as shall be specified in said order, and the restraining order shall issue only upon testimony, or in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as herein provided.
Such a temporary restraining order shall be effective for no longer than five (5) days, and at the expiration of five (5) days shall become void and not subject to renewal or extension, provided however that if the hearing for a temporary injunction shall have been begun before the expiration of the said five (5) days the restraining order may, in the court’s discretion be continued until a decision is reached upon the issuance of the temporary injunction.
No temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs (together with a reasonable attorney’s fee) and expense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.
The undertaking herein mentioned shall be understood to signify an agreement entered into by the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against said complainant and surety, the said complainant and surety submitting themselves to the jurisdiction of the court for that purpose. But nothing herein contained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity.
[44-706, added 1933, ch. 215, sec. 6, p. 452.]
No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make very reasonable effort to settle such dispute either by negotiation or with the aid of any available machinery of governmental mediation of voluntary arbitration, but nothing herein contained shall be deemed to require the court to await the action of such tribunal if irreparable injury is threatened.
[44-707, added 1933, ch. 215, sec. 7, p. 452.]
No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in such case and expressly included in said findings of fact made and filed by the court as provided herein; and shall be binding only upon the parties to the suit, their agents, servants, employees and attorneys, or those in active concert and participation with them, and who shall by personal service or otherwise have received actual notice of the same.
[44-708, added 1933, ch. 215, sec. 8, p. 452.]
Whenever any court or judge or judges thereof shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on his filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of such record in the appropriate appellate court the appeal shall be heard with the greatest possible expedition, giving the proceedings precedence over all other matters except older matters of the same character.
[44-709, added 1933, ch. 215, sec. 9, p. 452.]
In all cases where a person shall be charged with direct criminal contempt for violation of a restraining order or injunction issued by a court or judge or judges thereof, the accused shall enjoy,
(a) The rights as to admission to bail that are accorded to persons accused of crime.
(b) The right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view or presence of the court,
(c) Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt shall have been committed, provided that this requirement shall not be construed to apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court, and
(d) The right to file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred otherwise than in open court. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated by the presiding judge of said court. The demand shall be filed prior to the hearing in the contempt proceeding.
[44-710, added 1933, ch. 215, sec. 10, p. 452.]
Punishment for a contempt, specified in section 44-710, may be by fine, not exceeding one hundred dollars ($100), or by imprisonment not exceeding fifteen (15) days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail, for the nonpayment of such a fine, he must be discharged at the expiration of fifteen (15) days; but where he is also committed for a definite time, the fifteen (15) days must be computed from the expiration of the definite time.
[44-711, added 1933, ch. 215, sec. 11, p. 452.]
The term "labor dispute" means any controversy between an employer and the majority of his employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives.
[44-712, added 1933, ch. 215, sec. 12, p. 452; am. 1947, ch. 266, sec. 1, p. 789.]
If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provisions to other persons or circumstances shall not be affected thereby.
[44-713, added 1933, ch. 215, sec. 13, p. 452.]
It shall be unlawful to cause or threaten to cause, and/or combine or conspire to cause or threaten to cause, injury to one not a party to the particular labor dispute, to aid which such boycott is initiated or continued, whether by (a) withholding patronage, labor, or other beneficial business intercourse; (b) picketing; (c) refusing to handle, install, use or work on particular materials, equipment or supplies; or (d) by any other means, in order to bring him against his will into a concerted plan to coerce or inflict damage upon another or to compel the party with whom such labor dispute exists to comply with any particular demands.
[44-801, added 1947, ch. 265, sec. 1, p. 788.]
Any person, firm, individual, corporation, labor organization or association of persons found guilty of committing, or causing to be committed, any of the acts herein declared to be unlawful, shall be deemed guilty of misdemeanor.
[44-802, added 1947, ch. 265, sec. 2, p. 788.]
This act may be cited as "The Secondary Boycott Act."
[44-803, added 1947, ch. 265, sec. 3, p. 788.]
It shall be unlawful for any person, firm or corporation to make or enter into any agreement, either oral or in writing, by the terms of which any employee of such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall promise or agree not to become or continue a member of a labor organization. Any person or persons or corporation violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars ($50.00) nor more than $300, or be imprisoned in the county jail for not more than six (6) months, or shall be punished by both such fine and imprisonment.
[(44-901) 1893, p. 152, sec.sec. 1, 2; reen. 1899, p. 221, sec.sec. 1, 2; am. R.C., sec. 1456; reen. C.L., sec. 1456; C.S., sec. 2321; I.C.A., sec. 43-601.]
It shall be unlawful for any employer, by himself or by his agent, or for any agent of any employer, or for any other person, directly or indirectly, to impose as a condition, express or implied, in or for the employment of any workman or employee, any terms as to the place at which, or the person with whom any workman or employee is to board, lodge, subsist or reside; or as to the place or store at which he shall purchase his goods, wares or merchandise; or as to the place at which, or the manner in which, or the person with whom any wages or portion of wages paid to the workman or employee are or is to be expended; and no employer shall, by himself or his agent, nor shall any agent of any employer dismiss any workman or employee from his employment for or on account of the place at which, or the person with whom such workmen or employee may board, lodge, subsist or reside; or as to the place or store at which he shall purchase his goods, wares and merchandise; or for or on account of the place at which, or the person with whom any wages or portion of wages paid by the employer to such workman or employee are or is expended, or fail to be expended: provided, that this shall not apply to the collection of hospital fees or dues.
Any employer, who by himself or by his agent, or any agent of any employer, or any other person, who shall violate any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $100 nor to exceed $300, or be imprisoned in the county jail for not less than thirty (30) days nor to exceed ninety (90) days, or shall suffer both such fine and imprisonment.
[(44-902) 1911, ch. 123, sec.sec. 1, 2, p. 385; reen. C.L., sec. 1456a; C.S., sec. 2322; I.C.A., sec. 43-602.]
No person, firm, corporation or other business entity or representative thereof, shall require as a condition for employment or continuation of employment any person or employee to take a polygraph test or any form of a so-called lie detector test. A violation of this section shall constitute a misdemeanor.
[44-903, added 1973, ch. 279, sec. 1, p. 594.]
The provisions of this act shall not apply to any law enforcement agency of the United States of America, the state of Idaho, or any political subdivision or governmental entity thereof.
[44-904, added 1973, ch. 279, sec. 2, p. 594.]
(1) For purposes of this section, "franchise agreement," "franchisee" and "franchisor" shall have the same meanings as provided in section 29-110, Idaho Code.
(2) Neither a franchisee nor an employee of a franchisee shall be considered an employee of the franchisor for any purpose, unless:
(a) The franchisee or the employee of a franchisee is specifically described as an employee of the franchisor in the franchise agreement; or
(b) The franchisor is found or has been found by a court or another tribunal to have exercised a type or degree of control over the franchisee or the franchisee’s employee that is not customarily exercised by a franchisor.
[44-905, added 2018, ch. 215, sec. 1, p. 485.]
In all state, county, municipal, and school construction, repair, and maintenance work under any of the laws of this state the contractor, or person in charge thereof must employ ninety-five percent (95%) bona fide Idaho residents as employees on any such contracts except for procurement authorized in section 67-2808(2), Idaho Code, or where under such contracts fifty (50) or less persons are employed the contractor may employ ten percent (10%) nonresidents, provided however, in such a case employers must give preference to the employment of bona fide Idaho residents in the performance of such work; provided, that in work involving the expenditure of federal aid funds this act shall not be enforced in such a manner as to conflict with or be contrary to the federal statutes prescribing a labor preference to honorably discharged members of the United States armed forces, including airmen, soldiers, sailors, and marines, prohibiting as unlawful any other preference or discrimination among the citizens of the United States.
[(44-1001) 1933, ch. 111, sec. 1, added 1935, ch. 140, sec. 1, p. 346; am. 1939, ch. 33, sec. 1, p. 70; am. 1985, ch. 3, sec. 1, p. 7; am. 2013, ch. 344, sec. 1, p. 928; am. 2014, ch. 149, sec. 1, p. 412.]
In all contracts hereafter let for state, county, municipal, and school construction, repair, and maintenance work under any of the laws of this state there shall be inserted in each of said contracts a provision by which the contractor must employ ninety-five percent (95%) bona fide Idaho residents as employees on any job under any such contract except where under such contracts fifty (50) or less persons are employed the contractor may employ ten percent (10%) nonresidents, provided, however, in all cases employers must give preference to the employment of bona fide residents in the performance of said work, and no contract shall be let to any person, firm, association, or corporation refusing to execute an agreement with the above mentioned provisions in it; provided, that, in contracts involving the expenditure of federal aid funds this act shall not be enforced in such a manner as to conflict with or be contrary to the federal statutes prescribing a labor preference to honorably discharged soldiers, sailors, and marines, prohibiting as unlawful any other preference or discrimination among citizens of the United States.
[44-1002, added 1933, ch. 111, sec. 1[2], p. 176; reen. 1935, ch. 140, sec. 1, p. 346; am. 1939, ch. 33, sec. 2, p. 70; am. 1985, ch. 3, sec. 2, p. 7.]
Labor is hereby defined to be all services performed in the construction, repair, or maintenance of all state, county, municipal, and school work.
A bona fide resident of Idaho is hereby declared to be a person, who, at the time of his said employment and immediately prior thereto, has resided in this state for not less than one (1) year.
[44-1003, added 1933, ch. 111, sec. 2[3], p. 176; reen. 1935, ch. 140, sec. 1, p. 346; am. 1939, ch. 33, sec. 3, p. 70.]
If any person, firm or corporation shall fail to comply with the provisions of this act he shall be guilty of a misdemeanor.
[44-1004, added 1933, ch. 111, sec. 3[4], p. 176; am. 1935, ch. 140, sec. 1, p. 346.]
No person not a citizen of the United States, or who has not declared his intention to become such, or who is not eligible to become such, shall be employed upon any state or municipal works; nor shall any such person be employed by any contractor to work on any public works of the state or any municipality: provided, that any state prisoner may be employed within the state prison grounds and as provided in section 3, article 13, of the constitution. Any person who shall violate any of the provisions of this section, on conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than $100 for each person so employed, or by imprisonment in the county jail until such fine be paid or until discharged as provided by law.
[(44-1005) 1890-1891, p. 233, sec.sec. 1, 2; reen. 1899, p. 70, sec.sec. 3, 4; reen. R.C. & C.L., sec. 1457; C.S., sec. 2323; I.C.A., sec. 43-603.]
As a guide to the interpretation and application of this act the public policy of this state is declared to be as follows: The financial and economic stability of the state of Idaho and its citizens is threatened by the filing of, and threats to file, lawsuits to recover for nonproductive labor performed during the war, which is a serious menace to the health, morals, and welfare of the people of this state and is a sufficient basis for invoking the police power of the state; that it is contrary to the public policy of the state of Idaho for persons now to sue for attorneys’ fees, liquidated damages, and alleged overtime for nonproductive work performed during the war; that it is the policy of this state that when persons have once agreed to what constitutes compensable time spent in employment and employers have paid the same and employees have accepted payment on the basis of the agreement, that such agreement, payments and acceptance should be accepted as final; that the prospect of large sums being recovered as attorneys’ fees, liquidated damages, and unpaid overtime from employers who would then have claims against the state for income tax refunds, and the possible bankruptcy of many persons, firms and corporations, who, otherwise would pay to the state large sums as income and other excise taxes, threatens our social security payments, our educational expansion program, and endangers teachers salaries, workmen’s compensation benefits, unemployment compensation benefits, and all the activities of the state, and would create a serious condition of unemployment, all to the irreparable damage and injury to all of our people; that this situation is so serious that the power inherent in the state to protect itself through its police power should be and hereby is invoked to limit and define what has and shall constitute hours worked in all suits and actions for attorneys’ fees, liquidated damages, back wages, overtime pay, penalties and/or damages where wages and salaries have been paid and accepted.
[44-1201, added 1947, ch. 267, sec. 1, p. 789.]
In any and all suits, actions and court proceedings, whether now pending or hereafter instituted, for attorneys’ fees, liquidated damages, back or unpaid wages, salaries or compensation for work or labor performed in Idaho, where wages or salaries have been paid to any employee for a pay period, and such employee claims additional salary, wages, overtime compensation, penalties, liquidated damages or attorneys’ fees because of work done and services performed during his employment for the pay period covered by such payment, the following is and shall be the definition of "hours worked," and of time put in for which attorneys’ fees, liquidated damages, back or unpaid wages, salaries, or compensation may be recovered:
In determining "hours worked" or compensable time for which recovery may be had in such actions for attorneys’ fees, liquidated damages, back or unpaid wages, salaries or compensation, the following rules shall be applied:
(1) Wherever the custom or practice of a business, industry, plant, mine, factory or place of work has established the amount of noncompensable time to be spent by an employee in travelling to and from the place of work, in preparing for productive work, in changing clothes before and after a shift, taking showers, securing and returning tools and equipment, in no event shall time so spent be deemed, held or considered to be time or hours worked;
(2) Wherever time spent traveling to or from the place of work, and the preliminary preparation for productive work, and time spent after a regular shift in preparing to leave the place of work, has been taken into consideration in fixing the rate of pay, it shall not be deemed, held or considered to be time or hours worked;
(3) In no event shall any of the following be deemed, held or considered as time or hours worked:
(a) Time spent before beginning of shift in checking in;
(b) Time spent in going to or returning from lunch;
(c) Time spent in change room, taking showers, changing clothes, securing tools and equipment;
(d) Time spent before actual shift starts in receiving instructions;
(e) Time spent on employers’ property after end of shift;
(f) Time spent after end of shift in returning tools and equipment, receiving or giving orders, and making reports;
(g) Time spent in traveling to or from the place of work;
(h) Time spent in waiting in line for payment of wages or salaries;
(i) Time spent in any incidental activities before or after work, which may involve activities which are excluded from compensable work time by industry practice, custom or agreement.
[44-1202, added 1947, ch. 267, sec. 2, p. 789.]
Nothing contained in this act shall be construed as preventing the recovery of any wages, salaries, overtime compensation, liquidated damages or attorneys’ fees, where salaries or wages have not been paid for a pay period, nor as preventing an employer and an employee from agreeing in writing as to what shall constitute hours worked or time spent for which compensation shall be paid, and on which overtime compensation shall be paid.
[44-1203, added 1947, ch. 267, sec. 3, p. 789.]
This act may be referred to as the "Idaho Hours Worked Act."
[44-1204, added 1947, ch. 267, sec. 4, p. 789.]
No child under fourteen (14) years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages. It shall be unlawful for any person, firm or corporation to employ any child under fourteen (14) years of age in any business or service whatever during the hours in which the public schools of the district in which the child resides are in session, or before the hour of six o’clock in the morning, or after the hour of nine o’clock in the evening: provided, that any child over the age of twelve (12) years may be employed at any of the occupations mentioned in this chapter during the regular vacations of two (2) weeks or more of the public schools of the district in which such child resides. Provided however, a student may be employed by the public schools of the district for a maximum of ten (10) hours per week provided such employment is voluntary and with the consent of the student’s legal guardian.
[(44-1301) 1907, p. 248, sec. 1; am. R.C., sec. 1466; am. 1911, ch. 159, sec. 166, p. 483; am. C.L. 38:280; C.S., sec. 1024; I.C.A., sec. 43-801; am. 2011, ch. 199, sec. 1, p. 581.]
No minor who is under sixteen (16) years of age shall be employed or permitted to work at any gainful occupation during the hours that the public schools of the school district in which he resides are in session, unless he can read at sight and write legibly simple sentences in the English language, and has received instructions in spelling, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions, or has similar attainments in another language.
[(44-1302) 1907, p. 248, sec. 2; reen. R.C., sec. 1467; am. 1911, ch. 159, sec. 167, p. 483; reen. C.L. 38:281; C.S., sec. 1025; I.C.A., sec. 43-802.]
Every person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under sixteen (16) years of age and over fourteen (14) years of age to work in any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and place of residence of such minors.
[(44-1303) 1907, p. 248, sec. 3; reen. R.C., sec. 1468; am. 1911, ch. 159, sec. 168, p. 483; reen. C.L. 38:282; C.S., sec. 1026; I.C.A., sec. 43-803.]
No person under the age of sixteen (16) years shall be employed or suffered or permitted to work at any gainful occupation more than fifty-four (54) hours in any one week, nor more than nine (9) hours in any one day; nor before the hour of six o’clock in the morning nor after the hour of nine o’clock in the evening.
[(44-1304) 1907, p. 248, sec. 4; reen. R.C., sec. 1469; reen. 1911, ch. 159, sec. 169, p. 483; reen. C.L. 38:283; C.S., sec. 1027; I.C.A., sec. 43-804.]
Whoever employs a child under sixteen (16) years of age, and whoever having under his control a child under such age permits such child to be employed in violation of sections 44-1301 and 44-1302 shall, for such offense, be fined not more than fifty dollars ($50.00), and whoever continues to employ any child in the violation of either of said sections after being notified by a truant officer, probation officer or school authority shall, for every day thereafter that such employment continues, be fined not less than five dollars ($5.00) nor more than twenty dollars ($20.00). A failure to produce to a truant officer, policeman, probation officer or school authority, the age record required by this chapter shall be prima facie evidence of the illegal employment of any person whose age record is not produced. Any parent, guardian or custodian of a minor under sixteen (16) years of age who knowingly swears falsely as to the age of such child for the purpose of obtaining an age record is guilty of perjury.
[(44-1305) 1907, p. 248, sec. 5; reen. R.C., sec. 1470; reen. 1911, ch. 159, sec. 170, p. 483; reen. C.L. 38:284; C.S., sec. 1028; I.C.A., sec. 43-805.]
Any person, whether as parent, relative, guardian, employer or otherwise, having the care, custody or control of any child under the age of sixteen (16) years, who exhibits, uses or employs in any manner or under any pretense, sells, apprentices, gives away, lets out or disposes of such child to any person, under any name, title or pretense, for or in any business, exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purposes, exhibition or practice whatsoever, or for or in any mendicant, or wandering business whatsoever, or who causes, procures or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty dollars ($50.00) nor more than $250, or by imprisonment in the county jail for a term not exceeding six (6) months or by both such fine and imprisonment. Every person who takes, receives, hires, employs, uses, exhibits, or has in custody any child under the age and for any of the purposes mentioned in this section is guilty of a like offense and punishable by like imprisonment. Nothing in this section contained applies to or affects the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science or practice of music.
[(44-1306) 1907, p. 248, sec. 6; reen. R.C., sec. 1471; reen. 1911, ch. 159, sec. 171, p. 483; reen. C.L. 38:285; C.S., sec. 1029; I.C.A., sec. 43-806.]
Any person, whether as parent, guardian, employer or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed any minor, to any saloon, gambling house, house of prostitution or other immoral place; or who shall employ any minor to serve intoxicating liquors to customers, or who shall employ a minor in handling intoxicating liquor or packages containing such liquors in a brewery, bottling establishment or other place where such liquors are prepared for sale or offered for sale, shall, for each offense, be punished by a fine of not less than fifty dollars ($50.00) or imprisonment for not less than two (2) months, or by both such fine and imprisonment.
[(44-1307) 1907, p. 248, sec. 7; reen. R.C., sec. 1472; reen. 1911, ch. 159, sec. 172, p. 483; reen. C.L. 38:286; C.S., sec. 1030; I.C.A., sec. 43-807.]
The probation officer, or in counties where there is no probation officer, one or more of the school trustees shall visit the various places of employment mentioned in sections 44-1301 and 44-1307 and ascertain whether any minors are employed therein contrary to the provisions of this chapter, and they shall bring complaint for offenses under this chapter to the attention of the prosecuting attorney for prosecution, but nothing herein shall be held to prohibit any reputable citizen from bringing complaint for violations of this chapter. All offenses under this chapter shall be prosecuted in the probate court.
[(44-1308) 1907, p. 248, sec. 8; am. R.C., sec. 1473; reen. 1911, ch. 159, sec. 173, p. 483; reen. C.L. 38:287; C.S., sec. 1031; I.C.A., sec. 43-808.]
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, by the use and means of a scaffold, temporary staging, or ladders or is being demolished, or on which machinery driven by steam, water or other mechanical power is being used for the purpose of construction, repair or demolition thereof, shall be liable to his employee or servant for a personal injury received by such servant or employee in the service or business of the master or employer within this state when such employee or servant was at the time of the injury in the exercise of due care and diligence in the following cases:
When the injury was caused by reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition.
When the injury was caused by reason of the negligence of any person in the service of the employer entrusted with and exercising superintendence whose sole or principal duty is that of superintendence, or in the absence of such superintendent, of any person acting as superintendent with the authority and consent of such employer.
When such injury was caused by reason of the act or omission of any person in the service or employment of the master or employer, done or made in obedience to the rules and regulations or by-laws of the master or employer, or in obedience to particular instructions given by any person delegated with the authority of the master or employer so to instruct.
When such injury was caused by the negligence of any person in the service or employment of the master or employer who has charge of any signal or telegraph office directing the movement of any locomotive engine, train or car upon a railroad, or any part thereof, at the time such person was injured.
That any action brought against any employer or master under or by virtue of any of the provisions of this chapter to recover damages for injuries to or death of any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where a violation by such employer or master of any statute enacted for the safety of employees contributed to the injury or death of such employee.
An employee, by entering upon or continuing in the service of the employer, shall be presumed to have assented to the necessary risks of the occupation or employment, and no others. The necessary risks of the occupation or employment shall, in all cases arising after this chapter takes effect, be considered as including those risks, and those only, inherent in the nature of the business, which remain after the employer has exercised due care in providing for the safety of his employees, and has complied with the laws affecting or regulating such business or occupation for the greater safety of such employees.
[(44-1401) 1909, p. 34, 1st par. of sec. 1; I.C.A., sec. 43-2001.]
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 reasonable care could have known of the defect or negligence causing the injury and failed within a reasonable time to give notice thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer who had entrusted to him some general superintendence, unless the master or such superior already knew of such defect or negligence.
[(44-1402) 1909, p. 34, 2d par. of sec. 1; I.C.A., sec. 43-2002.]
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 incompetency was known to the employee injured, and the employee injured failed within a reasonable time to give notice thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer who had entrusted to him some general superintendence, unless the master or employer or such superior already knew of such incompetency of such coemployee, and such master or employer failed or refused to discharge such incompetent employee or failed or refused to investigate the alleged incompetency of the coemployee and discharge him if found incompetent.
[(44-1403) 1909, p. 34, 3d par. of sec. 1; I.C.A., sec. 43-2003.]
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 the provisions of this chapter unless the said minor be married, in which case the said minor may maintain an action in his own name for the said injuries, and a guardian may under like circumstances maintain an action for the injury of his ward, and in the event the said minor be not married and have no father or mother dependent upon him, the said action may be maintained by a guardian to be appointed by the court for the benefit of the said minor. In case the said injuries result in the death of the said minor and the said minor be married, then the action may be maintained by the widow and guardian of the said minor’s children, if any there be, and if the said minor be unmarried, then the father or in case of his death or desertion of his family, the mother may maintain an action for the death of said minor child resulting under such circumstances; and if neither father nor mother survive the said minor, the action may be brought by the next of kin who at the time of his death were dependent upon his wages for support, or by the personal representatives of the minor for the benefit of such next of kin who at the time of death of the said minor were dependent upon his wages for support.
[(44-1404) 1909, p. 34, sec. 2; I.C.A., sec. 43-2004.]
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 dependent upon his wages for support, or by his personal representatives for the benefit of his heirs or next of kin for damages against the employer under the circumstances mentioned in this chapter.
[(44-1405) 1909, p. 34, sec. 3; I.C.A., sec. 43-2005.]
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 of the deceased.
[(44-1406) 1909, p. 34, sec. 4; I.C.A., sec. 43-2006.]
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, and the action is commenced within one (1) year after the occurrence of the accident causing the injury or death. The notice required by this section shall be in writing, and shall be signed by the person injured or by some one in his behalf, but if from physical or mental incapacity it is impossible for the person injured to give notice within the time provided in this section, he may give the same within ten (10) days after such incapacity is removed. In case of his death without having given such notice, his executor or administrator or widow or next of kin may give such notice within sixty (60) days after such death, but no notice under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury, if it be shown that there was no intention to mislead and the party entitled to notice was not in fact misled thereby. The notice required by this section shall be served in the same manner as required of the service of summons in civil actions.
[(44-1407) 1909, p. 34, sec. 5; I.C.A., sec. 43-2007.]
This act shall be known and may be cited as the "Minimum Wage Law."
[44-1501, added 1955, ch. 154, sec. 1, p. 301.]
(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 track with, the federal minimum wage.
(2) In determining the wage of a tipped employee, the amount of direct wages paid by an employer to the employee shall be deemed to be increased on account of tips actually received by the employee; provided however, the direct wages paid to the employee by the employer shall not be in an amount less than three dollars and thirty-five cents ($3.35) an hour. If the tips actually received by the employee combined with the direct wages paid by the employer do not at least equal the minimum wage, the employer must make up the difference. In the event a dispute arises between the employee and the employer with respect to the amount of tips actually received by the employee, it shall be the employer’s burden to demonstrate the amount of tips actually received by the employee. Any portion of tips paid to an employee, which is shared with other employees under a tip pooling or similar arrangement, shall not be deemed, for the purpose of this section, to be tips actually received by the employee.
(3) In lieu of the rate prescribed by subsection (1) of this section, an employer may pay an employee who has not attained twenty (20) years of age a wage which is not less than four dollars and twenty-five cents ($4.25) an hour during the first ninety (90) consecutive calendar days after such employee is initially employed. No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages or employment benefits) for purposes of hiring individuals at the wage authorized in this subsection.
(4) No political subdivision of this state, as defined by section 6-902, Idaho Code, shall establish by ordinance or other action minimum wages higher than the minimum wages provided in this section.
[44-1502, added 1955, ch. 154, sec. 2, p. 301; am. 1963, ch. 9, sec. 1, p. 20; am. 1967, ch. 411, sec. 1, p. 1222; am. 1971, ch. 123, sec. 1, p. 422; am. 1976, ch. 38, sec. 1, p. 80; am. 1990, ch. 132, sec. 1, p. 305; am. 1990, ch. 212, sec. 1, p. 479; am. 1997, ch. 309, sec. 1, p. 916; am. 1998, ch. 107, sec. 1, p. 367; am. 2007, ch. 357, sec. 1, p. 1056.; am. 2016, ch. 145, sec. 1, p. 412.]
"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 raising of livestock, bees, fur-bearing animals or poultry; and any practices, including any forestry or lumbering operations, performed by a farmer or on a farm as an incident to or in conjunction with such farming operation, including preparation for market, delivery to storage or to market or to carriers for transportation to market.
"Wages" paid to any employee includes compensation paid to such employee in the form of legal tender of the United States, checks on banks convertible into cash on demand, and also includes the reasonable cost as determined by the employment security agency to the employer of furnishing such employee with board, lodging or other facilities if such board, lodging or other facilities are customarily furnished by such employer to his employee and used by employees, and commissions of every kind, and tips or gratuities as provided by section 44-1502, Idaho Code.
"Employ" includes to suffer or permit to work. "Employee" includes any individual employed by an employer. "Employer" includes any person employing an employee or acting directly or indirectly in the interest of an employer in relation to an employee but shall not include the United States or any state or political subdivision of a state, or any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
"Person" means any individual, partnership, association, corporation, business, trust, legal representative, or any organized group of persons.
"Tipped employee" means any employee engaged in an occupation in which he customarily and regularly receives more than thirty dollars ($30.00) a month in tips.
[44-1503, added 1955, ch. 154, sec. 3, p. 301; am. 1957, ch. 184, sec. 1, p. 362; am. 1990, ch. 132, sec. 2, p. 305; am. 2001, ch. 70, sec. 1, p. 140.]
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 salesman; or
(4) Seasonal employees of a nonprofit camping program; or
(5) Any child under the age of sixteen (16) years working part time or at odd jobs not exceeding a total of four (4) hours per day with any one (1) employer; or
(6) Any employee under the age of eighteen (18) years who is employed by an immediate family member or such family member’s business; or
(7) Any individual employed in agriculture if:
(a) Such employee is the parent, spouse, child or other member of his employer’s immediate family; or
(b) Such employee is older than sixteen (16) years of age and:
(i) Is employed as a harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and
(ii) Commutes daily from his permanent residence to the farm on which he is so employed, and
(iii) Has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year; or
(c) Such employee is sixteen (16) years of age or under and:
(i) Is employed as a harvest laborer, is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and
(ii) Is employed on the same farm as his parent or person standing in the place of his parent, and
(iii) Is paid at the same piece-rate basis as employees over the age of sixteen (16) years are paid on the same farm; or
(d) Such employee is principally engaged in the range production of livestock.
[44-1504, added 1955, ch. 154, sec. 4, p. 301; am. 1959, ch. 59, sec. 1, p. 128; 1967, ch. 411, sec. 2, p. 1222; am. 1978, ch. 307, sec. 1, p. 770; am. 2001, ch. 70, sec. 2, p. 141; am. 2018, ch. 251, sec. 1, p. 581.]
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 standards act.
[44-1505, added 1955, ch. 154, sec. 5, p. 301; am. 1974, ch. 39, sec. 61, p. 1023; am. 1996, ch. 421, sec. 17, p. 1420.]
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 determines and at a wage less than the minimum wage established by this act. Apprentice or learner shall include a student or students enrolled in a bona fide secondary school program administered by an accredited school district which includes work training experience. The director may hold such hearings and conduct such investigations as he shall deem necessary before fixing a special wage for such apprentice or learner.
[44-1506, added 1955, ch. 154, sec. 6, p. 301; am. 1974, ch. 39, sec. 62, p. 1023; am. 1976, ch. 223, sec. 1, p. 796; am. 1996, ch. 421, sec. 18, p. 1420.]
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 employed, or in a place accessible to his employees.
[44-1507, added 1955, ch. 154, sec. 7, p. 301; am. 1974, ch. 39, sec. 63, p. 1023; am. 1996, ch. 421, sec. 19, p. 1420.]
(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 jurisdiction to enjoin the act or practice, and to enforce compliance with the provisions of chapter 15, title 44, Idaho Code. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.
(2) A claim for unpaid minimum wages as set forth in section 44-1502, Idaho Code, may be treated as a claim for wages due and owing under chapter 6, title 45, Idaho Code. Such claim shall not be subject to the limitation contained in section 45-617(1), Idaho Code. Any action for such wages must be commenced in a court of competent jurisdiction within two (2) years after the cause of action shall have accrued.
[44-1508, added 1976, ch. 38, sec. 3, p. 81; am. 1996, ch. 421, sec. 20, p. 1420; am. 1999, ch. 51, sec. 1, p. 116.]
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 accordance with chapter 15, title 44, Idaho Code.
(2) Because the employee has caused to be instituted or is about to cause to be instituted any proceedings under or related to chapter 15, title 44, Idaho Code.
(3) Because the employee has testified or is about to testify in any proceedings under or related to chapter 15, title 44, Idaho Code.
[44-1509, added 1976, ch. 38, sec. 5, p. 81]
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 included within the definition of "agriculture" in subsection (3) of this section.
(3) "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 raising of livestock, bees, fur-bearing animals or poultry; and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operation, including preparation for market, delivery to storage or to market or to carriers for transportation to market. This definition shall not include forestry, lumbering operations or logging contractors.
(4) "Department" means the department of labor of the state of Idaho.
(5) "Director" means the director of the department of labor.
(6) "Farm labor contracting activity" means recruiting, soliciting, hiring, employing, furnishing or transporting any migrant or seasonal agricultural worker.
(7) "Farm labor contractor" means any person who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity.
(8) "Immediate family member" means the spouse, children, brother, sister, mother or father.
(9) "Migrant agricultural worker" means an individual who is employed in agricultural employment of a seasonal or temporary nature, and who is required to be absent overnight from his permanent place of residence. This term does not include any immediate family member of an agricultural employer or a farm labor contractor.
(10) "Person" means an individual, association, partnership, limited liability company, corporation or other business entity.
(11) "Seasonal agricultural worker" means an individual who is employed in agricultural employment of a seasonal or temporary nature and is not required to be absent overnight from his permanent place of residence. This term does not include any immediate family member of an agricultural employer or a farm labor contractor.
[44-1601, added 2002, ch. 328, sec. 1, p. 920.]
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 operation owned or operated exclusively by such individual or a member of such individual’s immediate family, if such activities are performed only for such operation and exclusively by such individual, but without regard to whether such individual has incorporated or otherwise organized for business purposes.
(3) Agricultural employers exchanging agricultural labor or services with each other, provided the work is performed on land owned or leased by the agricultural employers.
(4) Any common carrier that would be a farm labor contractor solely because it is engaged in transporting any migrant or seasonal agricultural worker. For purposes of this section, a common carrier is one that holds itself out to the general public to engage in transportation of passengers for hire, whether over regular or irregular routes, and holds a valid certificate or authorization for such purpose from an appropriate local, state or federal agency.
(5) Any nonprofit charitable organization, public entity or private nonprofit educational institution.
(6) Any employee of a person described in subsections (1) through (5) of this section when performing farm labor contracting activities exclusively for such person, unless the employee receives a commission or fee based upon the number of workers recruited.
[44-1602, added 2002, ch. 328, sec. 1, p. 920.]
(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 applicant and shall be submitted on a form prescribed by the department that shall require, but not be limited to, the following information and documentation:
(a) The applicant’s name, Idaho address and all other temporary and permanent addresses the applicant uses or knows will be used in the future;
(b) Two (2) recent, passport sized, color photographs of the applicant, or the applicant’s authorized agent when the applicant is not a natural person;
(c) A statement by the applicant of all facts required by the department concerning the applicant’s fitness, competency, and qualifications to engage in the business of farm labor contracting;
(d) A statement by the applicant of all facts required by the department concerning the manner and method by which the applicant proposes to conduct operations as a farm labor contractor;
(e) A certificate of insurance issued by the applicant’s auto insurance carrier listing the department as the certificate holder and providing for a thirty (30) day cancellation notice for all vehicles used in the operation of the farm labor contracting business;
(f) A certificate of workers’ compensation insurance issued by the applicant’s workers’ compensation insurance carrier listing the department as the certificate holder and providing for a thirty (30) day cancellation notice;
(g) Whether the applicant has or was ever granted a farm labor contractor’s license in any other jurisdiction;
(h) Whether the applicant was ever denied a license or had a license revoked or suspended under the farm labor contractor laws of any other jurisdiction;
(i) The names and addresses of all persons financially interested, whether as partners, limited liability company members, shareholders, associates, or profit sharers in the applicant’s proposed operation as a farm labor contractor, together with the amount of their respective interests, and whether or not, to the best of the applicant’s knowledge, any such persons were ever denied a license or had a license revoked or suspended under the farm labor contractor laws of any jurisdiction; and
(j) The following declaration by the applicant, or the applicant’s authorized agent when the applicant is not a natural person: "With regards to any action filed against the applicant concerning the applicant’s activities as a farm labor contractor, the applicant appoints the director of the Idaho Department of Labor as the applicant’s lawful agent to accept service of summons when the applicant is not present in the jurisdiction in which such action is commenced or have in any other way become unavailable to accept service.".
[44-1603, added 2002, ch. 328, sec. 1, p. 921.]
(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, Idaho Code, and the payment of any claims awarded pursuant to section 44-1613, Idaho Code.
(2) Proof of financial responsibility shall be in the form of a surety bond from a company licensed to do business in the state of Idaho. The surety bond shall be in the amount of ten thousand dollars ($10,000) if the farm labor contractor employs no more than twenty (20) employees, and thirty thousand dollars ($30,000) if the contractor employs more than twenty (20) employees.
(3) The surety bond shall be for the benefit of the farm labor contractor’s employees and shall be conditioned upon the payment of all sums legally owing to them.
(4) The surety bond shall be executed to cover the farm labor contractor’s liability for the period for which the license is issued, during which time the bond cannot be canceled or otherwise terminated.
(5) All claims against the bond shall be unenforceable unless request for payment of a court judgment, or lien pursuant to section 45-620, Idaho Code, has been sent by certified mail to the surety. The surety company shall make prompt and periodic payments on the farm labor contractor’s liability to the extent of the total amount of the bond.
(6) In lieu of the surety bond required by this section, an applicant or farm labor contractor may deposit with the department cash or other security acceptable to the director. The deposit shall not be less than ten thousand dollars ($10,000) if the farm labor contractor employs no more than twenty (20) employees, and thirty thousand dollars ($30,000) if the farm labor contractor employs more than twenty (20) employees. The security deposited with the director in lieu of the surety bond shall be returned to the farm labor contractor at the expiration of two (2) years after the farm labor contractor’s license has expired or been otherwise terminated, unless the director has received written notice that a legal or administrative action has been instituted against the farm labor contractor for failing to comply with the requirements of this chapter.
[44-1604, added 2002, ch. 328, sec. 1, p. 922.]
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.
[44-1605, added 2002, ch. 328, sec. 1, p. 923.]
(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 contracting. Factors to be considered by the department in making this determination shall include, but not be limited to, the following:
(a) Whether an applicant has unsatisfied judgments or administrative decisions requiring the payment of unpaid wages;
(b) Whether an applicant has worker’s compensation coverage for each employee;
(c) Whether an applicant has paid unemployment insurance contributions when due;
(d) Whether an applicant has violated any provision of this chapter or the rules adopted hereunder;
(e) Whether an applicant was ever denied a license or had a license revoked, suspended or not renewed under the farm labor contractor laws of any jurisdiction;
(f) Whether an applicant has employed an agent who has had a farm labor contractor license denied, suspended, revoked or not renewed or who has otherwise violated any provisions of this chapter or the rules adopted hereunder; and
(g) Whether an applicant, when required by law, has failed or refused to seek food, water, shelter or medical attention, or to provide any other goods or services required for the safety and health of the applicant’s employees.
(2) The industrial commission shall make records available to the department, including records that are otherwise exempt from disclosure under section 74-105, Idaho Code, for the purpose of determining an applicant’s qualifications under subsection (1)(b) of this section. Records disclosed under this subsection shall not be further disclosed by the department.
(3) The department shall issue a license within fifteen (15) business days of receipt of a completed application if the department determines the applicant to be fit, competent and qualified to engage in the business of farm labor contracting. An application shall be deemed completed when all required information and documentation has been submitted to the department.
(4) The license shall not be transferable or assignable.
(5) The first year of licensing shall run from April 1st to the following March 31st and each license shall expire on March 31st following the date of its issuance unless sooner revoked or otherwise terminated by the department. Beginning January 1, 2004, the licensing year shall run from January 1st to the following December 31st and each license shall expire on December 31st following the date of its issuance unless sooner revoked or otherwise terminated by the department.
(6) A license may be renewed annually upon payment of a nonrefundable fee of two hundred fifty dollars ($250) and by providing the following:
(a) Proof of financial responsibility as required by section 44-1604, Idaho Code;
(b) A certificate of insurance as required by section 44-1603(2)(e), Idaho Code; and
(c) A certificate of insurance as required by section 44-1603(2)(f), Idaho Code.
The department may require any person seeking renewal to file a new application showing the person to be fit, competent and qualified to continue to engage in the business of farm labor contracting.
(7) The department shall maintain a central public registry of all persons issued a farm labor contractor’s license.
[44-1606, added 2002, ch. 328, sec. 1, p. 923; am. 2015, ch. 141, sec. 119, p. 468.]
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) File immediately at the United States post office serving the farm labor contractor’s address as noted on the license a correct change of address and notify the department each time an address change is made.
(3) Pay or distribute promptly when due to the persons entitled all money or other things of value entrusted to the farm labor contractor for that purpose.
(4) Comply with the terms and provisions of all agreements or contracts entered into by the farm labor contractor.
(5) Comply with all applicable state laws and rules.
(6) Provide to the department certified copies of payroll records for any payment period requested by the department.
(7) Provide to each employee at the time of hiring, recruiting, soliciting or supplying such employee, whichever occurs first, a written statement in English or, as necessary and reasonable, in Spanish or other language common to agricultural workers who are not fluent or literate in English, that contains a description of:
(a) The rate of compensation and the method of computing the rate of compensation;
(b) The terms and conditions of employment, including the name and address of the farm labor contractor, the place of employment, the approximate length of the period of employment and the approximate starting and ending dates;
(c) The terms and conditions of any bonus offered and the manner of determining when the bonus is earned;
(d) The terms and conditions of any loan made to the employee;
(e) The terms and conditions of any housing, transportation, equipment, health care, day care or any other employee benefit to be provided by the farm labor contractor or the farm labor contractor’s agent, and the costs to be charged for each item;
(f) The name and address of the surety on the farm labor contractor’s bond;
(g) The employee’s rights and remedies, including an employee’s right to make a claim against the farm labor contractor’s surety bond.
(8) Provide to the employee each time the employee receives a compensation payment from the farm labor contractor a written statement itemizing the total payment, the amount and purpose of each deduction therefrom, the hours worked and, if the work was done on a piece basis, the number of pieces completed.
(9) For each employee make, keep and preserve for three (3) years the following information:
(a) The basis on which wages were paid;
(b) The number of piecework units earned, if paid on a piecework basis;
(c) The number of hours worked;
(d) The total pay period earnings;
(e) The specific sums withheld and the reason for withholding each sum;
(f) The net pay; and
(g) The name and address of the owner of all operations, or the owner’s agent, where the employee worked.
[44-1607, added 2002, ch. 328, sec. 1, p. 924.]
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 any person, any false, fraudulent or misleading representation, or publish or circulate or cause to be published or circulated any false, fraudulent or misleading information concerning the terms, conditions or existence of any employment.
(3) Solicit, induce or cause to be solicited or induced the violation of an existing contract of employment.
(4) Violate, or assist another person to violate the requirements of this chapter.
(5) By any force, intimidation, or threat, including threat of deportation, induce any employee of the farm labor contractor to give up any part of the compensation to which the employee is entitled under federal or state wage payment laws.
[44-1608, added 2002, ch. 328, sec. 1, p. 925.]
(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 license denied or revoked in any jurisdiction within three (3) years of the date of application;
(b) The licensee or his agent has violated or failed to comply with any provision of this chapter or the rules promulgated hereunder;
(c) The applicant or licensee has an unsatisfied court judgment or final administrative decision against him for unpaid wages;
(d) The applicant or licensee made false or misleading statements on, or provided false or misleading information with, his application for a license;
(e) The applicant or licensee fails to maintain proof of financial responsibility as required by section 44-1604, Idaho Code;
(f) The applicant or licensee fails to provide, or the department receives notice of cancellation of any certificates of insurance required by section 44-1603, Idaho Code;
(g) The applicant or licensee fails to pay unemployment insurance contributions when due; or
(h) The applicant or licensee, when required by law, fails or refuses to seek food, water, shelter or medical attention, or to provide any other goods or services required for the safety and health of his employees.
(2) Before the department denies, revokes, suspends or refuses to renew a license, the applicant or licensee shall be given written notice of the reasons for the licensing action and an opportunity for a hearing.
[44-1609, added 2002, ch. 328, sec. 1, p. 925.]
(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 sufficient cause exists for the denial of any application for, the revocation or suspension of, or refusal to renew any license required by this chapter, the department shall serve notice, in the manner provided for in subsection (7) of this section, to the applicant or license holder stating the proposed adverse action to be taken, the grounds on which such action is based, and that the department’s proposed action shall become final unless, within ten (10) calendar days of the date of mailing of the notice, the aggrieved party files with the department a written request for a hearing.
(3) A written request for a hearing may be filed by personal delivery, by mail, or by fax to the wage and hour section of the department at the address indicated on the notice. The date of personal delivery shall be noted on the request and shall be deemed the date of filing. If mailed, the hearing request shall be deemed to be filed on the date of mailing as determined by the postmark. A faxed request that is received by the wage and hour section by 5:00 p.m. on a business day shall be deemed filed on that date. A faxed request that is received by the wage and hour section on a weekend, holiday or after 5:00 p.m. on a business day shall be deemed filed on the next business day.
(4) Reasonable notice of the hearing, containing the date, time, place and purpose of the hearing, shall be served on all parties to the hearing in the manner provided for in subsection (7) of this section.
(5) The hearing shall be conducted by an employee of the department designated by the director to be the hearing officer, who shall not be bound by statutory rules of evidence or by technical or formal rules of procedure. A record shall be made of the sworn testimony. Every party to the proceeding shall have the right to counsel at their own expense and a full opportunity to be heard, including such cross-examination as may be appropriate. The hearing officer, as soon after the conclusion of the hearing as possible, on the basis of the record made at the hearing, shall issue a decision and serve it on all parties to the hearing in the manner provided for in subsection (7) of this section.
(6) The decision of the hearing officer shall be a final agency order and shall be effective on the date it is issued, subject only to the judicial review provisions of chapter 52, title 67, Idaho Code.
(7) Any notice or decision required by this section shall be deemed served if delivered to the person being served or if mailed to his last known address. Service by mail shall be deemed completed on the date of mailing. The date indicated on the notice or decision as the "date of mailing" shall be presumed to be the date the document was deposited in the United States mail, unless otherwise shown by a preponderance of competent evidence.
[44-1610, added 2002, ch. 328, sec. 1, p. 926.]
(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 owing pursuant to chapter 6, title 45, Idaho Code, to any employee of the farm labor contractor who performed work for that agricultural employer.
(2) An agricultural employer who knowingly uses the services of an unlicensed farm labor contractor shall be jointly and severally liable for any unpaid wages determined to be due and owing pursuant to chapter 6, title 45, Idaho Code, to any employee of the unlicensed farm labor contractor who performed work for that agricultural employer. In making determinations under this section, any user of a farm labor contractor may rely upon either the license issued by the department to the farm labor contractor under section 44-1603, Idaho Code, or the department’s representation that such contractor is licensed as required by this chapter.
[44-1611, added 2002, ch. 328, sec. 1, p. 927.]
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.
[44-1612, added 2002, ch. 328, sec. 1, p. 927.]
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 violated any of the provisions of this chapter, it shall award actual damages, plus an amount equal to treble the amount of actual damages, or one thousand dollars ($1,000) per violation, whichever is greater. The court shall also award a prevailing plaintiff reasonable attorney’s fees and costs. No action under this section may be commenced later than two (2) years after the date of the violation giving rise to the right of action.
[44-1613, added 2002, ch. 328, sec. 1, p. 927.]
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 farm labor contractor may be served by mailing a certified true copy of the summons and complaint to the director; the last-known address, if any, of the unlicensed farm labor contractor; and any other address the use of which the plaintiff knows, or on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice.
[44-1614, added 2002, ch. 328, sec. 1, p. 927.]
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 brought pursuant to this chapter, or discussed or consulted with anyone concerning the employee’s rights under this chapter.
[44-1615, added 2002, ch. 328, sec. 1, p. 927.]
(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 guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000), or up to sixty (60) days in jail or both. Each violation shall constitute a separate offense.
(2) Any person who violates any other provision of this chapter shall be guilty of a misdemeanor, punishable by a fine not to exceed three hundred dollars ($300), or up to thirty (30) days in jail or both. Each violation shall constitute a separate offense.
[44-1616, added 2002, ch. 328, sec. 1, p. 928.]
The department may adopt rules reasonably necessary for the administration of this chapter.
[44-1617, added 2002, ch. 328, sec. 1, p. 928.]
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.
[44-1618, added 2002, ch. 328, sec. 1, p. 928.]
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 employer in relation to an employee.
(3) "Wage rate" means all compensation for employment, including payment in kind and amounts paid by employers for employee benefits, as defined by the director in regulations issued under this act.
(4) "Employ" includes to suffer or permit to work.
(5) "Occupation" includes any industry, trade, business or branch thereof, or any employment or class of employment.
(6) "Director" means the director of the human rights commission.
[44-1701, added 1969, ch. 252, sec. 1, p. 783; am. 1974, ch. 39, sec. 69, p. 1023; am. 1982, ch. 83, sec. 6, p. 157.]
(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 he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, are not within this prohibition.
(2) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of this act.
(3) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this act.
[44-1702, added 1969, ch. 252, sec. 2, p. 783.]
(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 owing to any employee under this act.
(2) The director shall have power to issue such regulations, not inconsistent with the purpose of this act, as he deems necessary or appropriate to carry out its provisions.
(3) Employers shall be furnished copies or abstracts of this act and such regulations by the director on request without charge.
[44-1703, added 1969, ch. 252, sec. 3, p. 783; am. 1974, ch. 39, sec. 70, p. 1023.]
(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 subsection (2) of this section, up to an additional equal amount as liquidated damages.
(2) Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. The court in such action shall, in cases of violation in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action.
(3) No agreement by any such employee to work for less than the wage to which such employee is entitled under this act shall be a bar to any such action, or to a voluntary wage restitution of the full amount due under this act.
(4) At the written request of any employee claiming to have been paid less than the wage to which he may be entitled under this act, the director may bring any legal action necessary in behalf of the employee to collect such claim for unpaid wages. The director shall not be required to pay the filing fee, or other costs, in connection with such action. The director shall have power to join various claims against the employer in one (1) cause of action.
(5) In proceedings under this section, the court may order other affirmative action as appropriate, including reinstatement of employees discharged in violation of this act.
(6) The director shall have power to petition any court of competent jurisdiction to restrain violations of section 44-1702, Idaho Code, and for such affirmative relief as the court may deem appropriate, including restoration of unpaid wages and reinstatement of employees, consistent with the purpose of this act.
[44-1704, added 1969, ch. 252, sec. 4, p. 783; am. 1974, ch. 39, sec. 71, p. 1023.]
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 state. The term "supervisor" means any individual having authority in the interest of an employer to hire, direct, assign, promote, reward, transfer, lay off, recall, suspend, discipline, or discharge other employees, or to adjust their grievances, or to effectively recommend such action if in connection with the foregoing the exercise of such authority is not merely routine or clerical in nature but calls for the consistent exercise of independent judgment; provided, the term "supervisor" shall include only those individuals who perform a preponderance of the above specified acts of authority on a day-to-day basis; and provided further, a supervisor’s administrative responsibilities must include demonstrated involvement in policy and budget formulation for the department. Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this act shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either state or local, related to collective bargaining.
(2) "Corporate authority" shall mean the council, commission, trustees, or any other governing body of any city, county, fire district or political subdivision whose duty it is to establish wages, working conditions, and other conditions of employment of firefighters.
[44-1801, added 1970, ch. 138, sec. 1, p. 333; am. 1977, ch. 98, sec. 1, p. 205; am. 1999, ch. 50, sec. 1, p. 112.]
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, fire districts or political subdivisions and to be represented by a bargaining agent in such collective bargaining process as to wages, rates of pay, working conditions and all other terms and conditions of employment.
[44-1802, added 1970, ch. 138, sec. 2, p. 333.]
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 department, unless and until recognition of such bargaining agent is withdrawn by vote of the majority of the firefighters of such department.
[44-1803, added 1970, ch. 138, sec. 3, p. 333; am. 1977, ch. 98, sec. 2, p. 206.]
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 good faith with the representative or representatives of the bargaining agent within ten (10) days after receipt of written notice from said bargaining agent of the request by the firefighters for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreement resulting from negotiations between the bargaining agent and the proper corporate authorities to be reduced to a written contract.
[44-1804, added 1970, ch. 138, sec. 4, p. 333; am. 1977, ch. 95, sec. 1, p. 200; am. 1996, ch. 206, sec. 1, p. 631.]
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 issues shall be submitted to a fact finding commission.
[44-1805, added 1970, ch. 138, sec. 5, p. 333.]
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 shall each select and name one (1) member of a fact-finding commission respectively and shall immediately thereafter notify each other in writing of the names and addresses of the person so selected. The two (2) members so selected and named shall within ten (10) days from and after the expiration of the five (5) day period mentioned above, agree upon and appoint and name a third member. If on the expiration of the ten (10) day period the two (2) members are unable to agree upon the appointment of a third member, the director of the department of labor shall appoint such third member upon request in writing from either the bargaining agent or the corporate authorities. The third member of the fact-finding commission, whether appointed as result of agreement between the two (2) members selected by the bargaining agent and the corporate authorities, or appointed by the director, shall act as chairman of the fact-finding commission. No member of the fact-finding commission shall be an elected official, or employee of the city, county, fire district, or political subdivision affected. Any expenses incurred by the fact-finding commission shall be equally shared by the bargaining agent and the corporate authorities.
[44-1806, added 1970, ch. 138, sec. 6, p. 333; am. 1996, ch. 421, sec. 21, p. 1421.]
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 contract governing the firefighters and said city, county, fire district, or political subdivision for the period stated therein.
[44-1807, added 1970, ch. 138, sec. 7, p. 333; am. 1977, ch. 95, sec. 2, p. 200.]
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 under the provisions of this act, it is the obligation of the bargaining agent to serve written notice of request for collective bargaining on the corporate authorities at least ninety (90) days before the last day on which money can be appropriated by the city, county, fire district or political subdivision to cover the contract period which is the subject of the collective bargaining procedure.
[44-1808, added 1970, ch. 138, sec. 8, p. 333.]
(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 authorities to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice requirement. The fact finding commission may adjourn the hearing from time to time as necessary, and on request of a party for good cause, or upon their own motion, may postpone the hearing. The fact finding commission may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.
(b) All interested parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the members of the fact finding commission but a majority may determine any question and render a recommendation. If, during the course of the hearing a member of the fact finding commission for any reason ceases to act or serve on said commission, the remaining members appointed to act may continue with the hearing and determination of the controversy.
[44-1809, added 1970, ch. 138, sec. 9, p. 333.]
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 bargaining agent, corporate authorities, and any other party requesting such recommendation.
[44-1810, added 1970, ch. 138, sec. 10, p. 333.]
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.
[44-1811, added 1970, ch. 138, sec. 11, p. 333.]
(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 authority as having met the minimum medical and health standards set forth in subsection (4) of this section;
(b) Is at least eighteen (18) years of age at the time of appointment; and
(c) Has met prescribed physical performance standards as adopted by the corporate authority.
(2) A true copy of the medical history of the applicant, completed and signed by the examining physician shall be sent to the corporate authority. Such records shall be furnished prior to the date of active employment of the applicant. If an applicant fails to meet the requirements of subsection (1) of this section, the applicant shall not be eligible for employment and the corporate authority shall provide notice of ineligibility to the applicant.
(3) Physical examination records shall be a part of the permanent file of the corporate authority.
(4) For purposes of this section, the phrase "minimum medical and health standards" shall mean the preplacement medical evaluation provisions of chapter 2-3 of the 1997 edition of NFPA 1582, the standard on medical requirements for firefighters published by the national fire protection association. The cost of the medical examination contemplated by this section is to be paid by the corporate authority, which shall make copies of NFPA 1582 available upon request.
(5) Nothing in this section shall apply to paid firefighters who are employed as such before October 1, 1980, as long as they continue in such employment; nor to promotional appointments after becoming a member of a fire department of any corporate authority; nor to the reemployment of a paid firefighter by the same or a different corporate authority within two (2) years after the termination of his employment; nor to the reinstatement of a paid firefighter who has been on military or disability leave, disability retirement status, or who was terminated because of a reduction in force or leave of absence status.
[(44-1812) I.C., sec. 72-1428, as added by 1974, ch. 59, sec. 2, p. 1136; am. 1976, ch. 316, sec. 1, p. 1084; am. 1977, ch. 97, sec. 1, p. 202; am. 1980, ch. 50, sec. 23, p. 88; am. 1983, ch. 90, sec. 1, p. 187; am. 1984, ch. 242, sec. 1, p. 588; am. 1989 & redesignated 44-109, ch. 66, sec. 1, p. 106; am. 1995, ch. 188, sec. 1, p. 675; am. and redesig. 1996, ch. 421, sec. 15, p. 1419; am. 1999, ch. 50, sec. 2, p. 113.]
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 and health and that the provision of these basic facilities is also necessary for the privacy and dignity of such workers.
[44-1901, added 1981, ch. 256, sec. 1, p. 547.]
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 a period of four (4) or more hours.
(2) "Farm operator" means any individual, partnership, corporation, or other legal entity, or any officer or agent acting on behalf of such individual, partnership, corporation, or legal entity, which is the owner in possession, or lessee of, a farming operation, or which is responsible for its management condition.
(3) "Farm labor contractor" means any person who, for a fee, furnishes workers to a farm operator.
(4) "Reasonable distance" means a distance within one-quarter (1/4) mile or less of the place of work. When, because of the layout of access roads, ground terrain, or other physical conditions, it is not possible to comply with the foregoing requirement, toilet facilities shall be located at the point of vehicular access closest to the workers.
(5) "Toilet facility" means a facility, including a portable facility, which contains a toilet designed to provide privacy, to prevent contamination of crops and adjoining water supplies.
[44-1902, added 1981, ch. 256, sec. 1, p. 547.]
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 (40) workers, or fraction thereof, within a reasonable distance of where the workers are working. For farm operations employing fewer than forty (40) workers, at least one (1) toilet facility shall be provided.
[44-1903, added 1981, ch. 256, sec. 1, p. 548.]
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 proceedings under or related to the provisions of this chapter.
[44-1904, added 1981, ch. 256, sec. 1, p. 548.]
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) for each violation.
[44-1905, added 1981, ch. 256, sec. 1, p. 548.]
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 shall not be subject to undue restraint or coercion. The right to work shall not be infringed or restricted in any way based on membership in, affiliation with, or financial support of a labor organization or on refusal to join, affiliate with, or financially or otherwise support a labor organization.
[44-2001, added 1985, ch. 2, sec. 1, p. 5.]
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, other conditions of employment, or other forms of compensation.
[44-2002, added 1985, ch. 2, sec. 1, p. 5.]
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 organization, or, (2) to become or remain a member of a labor organization, or, (3) to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization, or, (4) to pay to any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges regularly required of members of a labor organization, or, (5) to be recommended, approved, referred, or cleared by or through a labor organization.
[44-2003, added 1985, ch. 2, sec. 1, p. 5.]
(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 first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation to the employer.
(2) Deductions for political activities as defined in chapter 26, title 44, Idaho Code, shall not be deducted from the wages, earnings or compensation of an employee.
(3) Nothing in this chapter shall prohibit an employee from personally paying contributions for political activities as defined in chapter 26, title 44, Idaho Code, to a labor organization unless such payment is prohibited by law.
[44-2004, added 1985, ch. 2, sec. 1, p. 5; am. 2003, ch. 97, sec. 2, p. 314.]
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 provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Any strike, picketing, boycott, or other action by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited under this chapter is hereby declared to be for an illegal purpose and is a violation of the provisions of this chapter.
[44-2005, added 1985, ch. 2, sec. 1, p. 5.]
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, spouse, children, grandchildren, or any other persons residing in the employee’s or prospective employee’s home, or by any damage or threatened damage to his property, to compel or attempt to compel such employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or to otherwise forfeit his rights as guaranteed by provisions of this chapter. It shall also be unlawful to cause or attempt to cause such employee to be denied employment or discharged from employment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employee.
[44-2006, added 1985, ch. 2, sec. 1, p. 6.]
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 ($1,000) or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment.
[44-2007, added 1985, ch. 2, sec. 1, p. 6; am. 2012, ch. 312, sec. 1, p. 860; am. 2024, ch. 154, sec. 2, p. 601.]
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 threatening violations and may in addition thereto recover any and all damages, including costs and reasonable attorney’s fees, of any character resulting from such violation or threatened violation. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
[44-2008, added 1985, ch. 2, sec. 1, p. 6; am. 2012, ch. 312, sec. 2, p. 860; am. 2024, ch. 154, sec. 3, p. 601.]
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, and to take all means at their command to ensure its effective enforcement.
[44-2009, added 1985, ch. 2, sec. 1, p. 6.]
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.
[44-2010, added 1985, ch. 2, sec. 1, p. 6.]
The provisions of this chapter are applicable to all employment, private and public, including all employees of the state and its political subdivisions.
[44-2011, added 1995, ch. 178, sec. 2, p. 662.]
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 following terms have the following meanings:
(a) "Political subdivision" means the state of Idaho, or any county, city, school district, sewer district, fire district, or any other taxing subdivision or district of any public or quasi-public corporation of the state, or any agency thereof, or with any other public board, body, commission, department or agency, or officer or representative thereof.
(b) "Public works" shall have the same meaning as that provided for "public works construction" in section 54-1901, Idaho Code.
(3) (a) Except as provided in subsection (3)(b) of this section or as required by federal or state law, the state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works shall not require that a contractor, subcontractor, material supplier or carrier engaged in the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works pay its employees:
(i) A predetermined amount of wages or wage rate; or
(ii) A type, amount or rate of employee benefits.
(b) Subsection (3)(a) of this section shall not apply when federal law requires the payment of prevailing or minimum wages to persons working on projects funded in whole or in part by federal funds.
(4) The state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works shall not require that a contractor, subcontractor, material supplier or carrier engaged in the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works executes or otherwise becomes a party to any project labor agreement, collective bargaining agreement, prehire agreement or any other agreement with employees, their representatives or any labor organization as a condition of bidding, negotiating, being awarded or performing work on a public works project.
(5) Any interested party, which shall include a bidder, offeror, contractor, subcontractor or taxpayer, shall have standing to challenge any bid award, specification, project agreement, controlling document, grant or cooperative agreement that violated the provisions of this section, and such interested party shall be awarded costs and attorney’s fees in the event that such challenge prevails.
(6) The provisions of this section apply to any contract executed after July 1, 2011.
[44-2013, added 2011, ch. 31, sec. 2, p. 74.]
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.
[(44-2014) 44-2013, added 2011, ch. 31, sec. 2, p. 74; am. and redesig. 2015, ch. 244, sec. 25, p. 1022.]
(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 citizens of Idaho. To that end, it shall be unlawful for any person to engage in business as a manufacturer, retailer, or installer without being duly licensed as provided in this chapter.
(2) If the licensee fails to submit a completed application for renewal or to pay the renewal fee on or before the expiration date, the administrator may accept a later application for reinstatement subject to such conditions as the board may require by rule including, but not limited to, the assessment of a late fee; provided that between the license expiration date and the date of reinstatement of the license, the rights of the licensee under such license shall be expired and, during such period of expiration, it shall be unlawful for such licensee to do or attempt to offer to do any of the acts of the kind and nature described in the definitions in section 44-2101A, Idaho Code, in consideration of compensation of any kind or expectation thereof. An expired license that is not reinstated within six (6) months of the expiration date shall be automatically terminated by the administrator and may not be reinstated.
[44-2101, added 1993, ch. 372, sec. 1, p. 1340; am. 2004, ch. 313, sec. 2, p. 879; am. 2007, ch. 112, sec. 1, p. 321; am. 2013, ch. 57, sec. 1, p. 131; am. 2020, ch. 129, sec. 1, p. 409.]
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.
(3) "Engaged in the business" means the individual or entity buys, sells, brokers, trades, or offers for resale a manufactured or mobile home.
(4) "Installer" means a person who owns a business that installs a manufactured home or mobile home at the site where it is to be used for occupancy.
(5) "Manufactured home" or "manufactured house" means a structure as defined in section 39-4105, Idaho Code.
(6) "Manufacturer" means any person engaged in the business of manufacturing manufactured homes that are offered for sale, lease or exchange in the state of Idaho.
(7) "Mobile home" means a structure as defined in section 39-4105, Idaho Code.
(8) "Person" means a natural person, corporation, partnership, trust, society, club, association or other organization.
(9) "Place of business" refers to any physical location at which the business is lawfully conducted.
(10) "Retailer" means any person engaged in the business of selling or exchanging new, used, resale, third-party-owned, or brokered manufactured or mobile homes.
[44-2101A, added 2007, ch. 112, sec. 3, p. 322; am. 2008, ch. 380, sec. 1, p. 1050; am. 2013, ch. 57, sec. 2, p. 132; am. 2016, ch. 342, sec. 8, p. 971; am. 2020, ch. 129, sec. 2, p. 410; am. 2023, ch. 15, sec. 23, p. 88.]
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 establishment of a mandatory statewide manufactured home setup code. The administrator may also define and prohibit any practice which is found to be deceptive.
(2) Prescribe the form and content of a new manufactured home buyer’s information and disclosure form. Unless otherwise provided by the administrator, the form shall be presented by the retailer to each purchaser of a new manufactured home and shall be executed by the retailer and purchaser at the time the initial purchase order is signed for the sale of a new manufactured home.
(3) (a) A used unit that has been determined to be or declared by the owner to be real property under the provisions of section 63-304, Idaho Code, may be offered for sale, listed, bought for resale, negotiated for, either directly or indirectly, by a licensed real estate broker or a real estate salesman representing a licensed real estate broker, but not a retailer.
(b) A used unit that has been determined to be and is carried on the tax rolls as personal property may be offered for sale, listed, bought for resale, negotiated for, either directly or indirectly, by a licensed real estate broker or a real estate salesman, pursuant to chapter 20, title 54, Idaho Code, or by a licensed retailer, but with respect to a licensed retailer only to the extent such sale does not involve the purchase or sale of an interest in real estate.
(c) A licensed real estate broker or real estate salesman representing a licensed real estate broker, pursuant to chapter 20, title 54, Idaho Code, may participate in new manufactured home sales that include real estate if the real estate broker or salesman has a valid, written agreement with a licensed retailer to represent the interests of the retailer in this type of transaction.
(4) Promulgate rules establishing a program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured homes. The rules shall be consistent with the United States department of housing and urban development’s procedural and enforcement authority in 42 U.S.C. 5422(c)(12), and shall include identifying the respective responsibilities of manufacturers, retailers, and installers; providing for the issuance of appropriate orders for the correction or repair of defects in manufactured homes that are reported during the one (1) year period following the date of installation; and may include an appropriate schedule of fees.
[44-2102, added 1988, ch. 264, sec. 1, p. 520; am. 1990, ch. 165, sec. 1, p. 362; am. 1996, ch. 322, sec. 43, p. 1074; am. 1996, ch. 421, sec. 29, p. 1426; am. 1997, ch. 107, sec. 1, p. 251; am. 1999, ch. 171, sec. 1, p. 461; am. 2000, ch. 439, sec. 1, p. 1399; am. 2004, ch. 243, sec. 1, p. 708; am. 2004, ch. 313, sec. 4, p. 880; am. 2007, ch. 112, sec. 4, p. 323; am. 2020, ch. 129, sec. 3, p. 410.]
(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 the provisions of this chapter shall be paid into the occupational licenses fund. The expenses incurred in administering and enforcing the provisions of this chapter shall be paid from the fund.
(3) The following performance bonding requirements shall be met before the issuance of these licenses:
(a) Manufacturer
(b) Retailer
(c) Installer
(4) The administrator is authorized to provide by rule, in accordance with the provisions of section 44-2102, Idaho Code, for the acceptance of a deposit of cash or securities in lieu of a bond in satisfaction of the bonding requirements of this section.
(5) Fees and bond requirements of this section shall be the exclusive fee and bond requirements for retailers, installers, and manufacturers governed by the provisions of this chapter and shall supersede any program of any political subdivision of the state that sets fee or bond requirements for the same services.
(6) A retailer must obtain a separate installer license, pay the license fee set forth in subsection (1)(c) of this section and meet the bonding requirements of subsection (3)(c) of this section in order to provide the services covered by an installer license.
[44-2103, added 1988, ch. 264, sec. 1, p. 520; am. 1993, ch. 372, sec. 3, p. 1341; am. 1995, ch. 202, sec. 1, p. 695; am. 1996, ch. 171, sec. 1, p. 555; am. 1996, ch. 421, sec. 30, p. 1426; am. 2004, ch. 313, sec. 5, p. 881; am. 2007, ch. 112, sec. 5, p. 324; am. 2013, ch. 57, sec. 3, p. 133; am. 2016, ch. 342, sec. 9, p. 972; am. 2020, ch. 129, sec. 4, p. 411; am. 2023, ch. 15, sec. 24, p. 88.]
(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 administration and enforcement of the provisions of this chapter.
(2) The board shall have the authority to promulgate rules in accordance with chapter 52, title 67, Idaho Code.
[44-2104, added 1988, ch. 264, sec. 1, p. 521; am. 1996, ch. 334, sec. 1, p. 1131; am. 1996, ch. 421, sec. 31, p. 1427; am. 2000, ch. 439, sec. 2, p. 1400; am. 2001, ch. 151, sec. 2, p. 547; am. 2007, ch. 112, sec. 6, p. 324; am. 2016, ch. 342, sec. 10, p. 973; am. 2023, ch. 15, sec. 25, p. 89.]
(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 thereof is shown to be grossly incompetent, or has willfully violated any provision of this chapter or the rules adopted thereunder, or has been convicted of conduct constituting a felony or any theft or fraud offense, or has ever had a business license revoked in this or any other state or territory of the United States.
(2) The administrator shall have the power to appoint, by an order in writing, any competent person to take testimony at any disciplinary hearing. The administrator, and any hearing officer appointed by the administrator, shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses and the production of documents and records.
(3) Before any license shall be suspended, revoked or otherwise disciplined, the holder thereof shall be served with written notice enumerating the charges against him, and shall be afforded an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code. The notice shall specify the time and place for hearing, which time shall not be less than five (5) days after the service thereof.
(4) Any party aggrieved by an order of the administrator disciplining a license shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
(5) Any person whose license has been revoked may not apply for a new license until the expiration of one (1) year from the date of such revocation.
[44-2105, added 1993, ch. 372, sec. 5, p. 1342; am. 1996, ch. 421, sec. 32, p. 1428; am. 2007, ch. 112, sec. 7, p. 325.]
(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 offer for resale up to two (2) manufactured or mobile homes, or a combination thereof, in any one (1) calendar year without being licensed under this chapter if all of the units have been properly titled in the name of that individual.
(2) It shall be unlawful for a manufacturer, retailer, installer, or those employed by such to:
(a) Intentionally publish or circulate any advertising that is misleading or inaccurate in any material particular or that misrepresents any of the products or services sold or provided by a manufacturer, retailer, or installer;
(b) Violate any of the provisions of this chapter or any rule adopted by the division of occupational and professional licenses pursuant to this chapter;
(c) Knowingly purchase, sell or otherwise acquire or dispose of a stolen manufactured or mobile home;
(d) With respect only to a retailer, engage in the business for which such retailer is licensed without at all times maintaining a principal place of business located within the state.
[44-2106, added 1993, ch. 372, sec. 6, p. 1342; am. 1996, ch. 421, sec. 33, p. 1428; am. 2004, ch. 313, sec. 6, p. 881; am. 2007, ch. 112, sec. 8, p. 326; am. 2013, ch. 57, sec. 4, p. 133; am. 2020, ch. 129, sec. 5, p. 412; am. 2023, ch. 15, sec. 26, p. 89.]
(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 fail, neglect, or refuse to obey any lawful order given or made by the administrator, shall be guilty of a misdemeanor and shall be subject to the civil penalties established by administrative rule but not to exceed one thousand dollars ($1,000) in accordance with the following:
(a) Each day of such violation shall constitute a separate offense. A violation will be considered a second or additional offense only if it occurs within one (1) year from the first violation.
(b) The same penalties shall apply, upon conviction, to any member of a copartnership, or to any construction, managing or directing officer of any corporation, limited liability company or limited liability partnership or other such organization consenting to, participating in, or aiding or abetting any such violation of this chapter.
(c) Proceedings related to the imposition of civil penalties shall be governed by the provisions of chapter 52, title 67, Idaho Code.
(2) In addition to any other penalties specified in this section, whenever any person violates the provisions of this chapter by acting as a retailer, or installer, without a license, the administrator may maintain an action in the name of the state of Idaho to enjoin the person from any further violations in accordance with the following:
(a) Such action may be brought either in the county in which the acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada county.
(b) Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue a temporary restraining order and/or preliminary injunction, without bond, enjoining the defendant from the commission of any such act or acts constituting the violation.
(c) A copy of the complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other similar civil actions. If the commission of the act or acts is established, the court shall enter a decree permanently enjoining the defendant from committing such act or acts. If an injunction issued under this section is violated, the court, or the judge thereof at chambers, may summarily try and punish the offender for contempt of court.
[(44-2107) 44-2106, added 1988, ch. 264, sec. 1, p. 522; am. and redesig. 1993, ch. 372, sec. 7, p. 1343; am. 2007, ch. 112, sec. 9, p. 326; am. 2013, ch. 57, sec. 5, p. 134; am. 2016, ch. 342, sec. 11, p. 973; am. 2020, ch. 129, sec. 6, p. 412.]
(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 is on leased property, the retailer must provide written confirmation of the term and existence of the lease, signed by the lessor; and
(b) An exterior sign that identifies the retailer by the name shown on the license must be prominently affixed to the location or the office building and be clearly visible and easily readable from the nearest major avenue of traffic; and
(c) The retailer must prominently display his license, or a true and correct copy of that license, in each location; and
(d) The licensee must post, in a clearly visible and readily accessible location, written information concerning regular hours of business and emergency contact information.
(2) Regardless of the number of locations at which a retailer engages in business, he must maintain a principal place of business that complies with the requirements set forth in subsection (1)(a) of this section, and at which the records of the business are maintained on a permanent basis.
(3) The retailer must promptly notify the division of occupational and professional licenses, in writing, of any change in ownership, business name, location of business, mailing address or telephone numbers.
(4) For each new product sold, the retailer must provide proof, satisfactory to the board, of the retailer’s current authority to sell that manufacturer’s products.
(5) Failure to adhere to the requirements of this section, or any other requirement pertaining to licensure as set forth in law or rule, shall constitute grounds for the imposition of discipline up to and including revocation of licensure.
[44-2108, added 2007, ch. 112, sec. 10, p. 327; am. 2020, ch. 129, sec. 7, p. 413; am. 2023, ch. 15, sec. 27, p. 90.]
(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 installation standard, as provided by rule pursuant to this chapter. All mobile and manufactured homes must be installed in accordance with all other applicable state laws or rules pertaining to utility connection requirements.
(2) The administrator of the division of occupational and professional licenses may promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, specifying standardized installation instructions for mobile and manufactured homes. Upon the effective date of such rules, the rules shall prevail over any conflicting provisions in this chapter.
[44-2201, added 1988, ch. 264, sec. 2, p. 522; am. 1993, ch. 372, sec. 8, p. 1343; am. 1998, ch. 237, sec. 1, p. 794; am. 2001, ch. 96, sec. 2, p. 244; am. 2012, ch. 50, sec. 1, p. 146; am. 2023, ch. 15, sec. 28, p. 90.]
(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 in a park. The installer’s license must be in effect at the time of the application for the installation permit.
(2) Installation tags shall be obtained from the division of occupational and professional licenses and are required for each installation of a new manufactured home. The fee for the installation tag shall be prescribed in administrative rules promulgated by the administrator of the division of occupational and professional licenses.
(3) Installation permits shall be issued by the division of occupational and professional licenses or a city or county that has by ordinance adopted a building code and whose installation inspection programs have been approved by the division. All installations shall be inspected by the authority having jurisdiction for compliance.
(4) Permit fees shall be prescribed in administrative rules promulgated by the administrator of the division of occupational and professional licenses or as established by the city or county having jurisdiction and whose installation inspection program has been approved by the division, as applicable.
(5) Immediately upon completion of the installation of a mobile or manufactured home, a licensed installer shall perform an inspection of the completed installation to ensure compliance with the applicable installation standard. Such inspection shall be recorded on an inspection record document approved by the division and a copy shall be provided to the homeowner upon completion of the inspection.
[44-2202, added 1988, ch. 264, sec. 2, p. 522; am. 1993, ch. 372, sec. 9, p. 1343; am. 1997, ch. 228, sec. 2, p. 667; am. 2001, ch. 96, sec. 3, p. 244; am. 2012, ch. 50, sec. 2, p. 146; am. 2020, ch. 129, sec. 8, p. 413; am. 2023, ch. 15, sec. 29, p. 91.]
This act shall be known and may be cited as the "Idaho Professional Employer Recognition Act."
[44-2401, added 1994, ch. 129, sec. 1, p. 287.]
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 definitions, and provide statutory guidelines.
[44-2402, added 1994, ch. 129, sec. 1, p. 287.]
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 with an employment relationship with both the professional employer and the client.
(3) "Client" means a person who obtains its work force from another person through a professional employer arrangement.
(4) "Person" means an individual, an association, a company, a firm, a partnership or a corporation.
(5) "Professional employer arrangement" means an arrangement, under contract or otherwise, whereby:
(a) A professional employer assigns workers to perform services for a client;
(b) The arrangement is intended to be, or is, on-going rather than temporary in nature; and
(c) Employer responsibilities are in fact shared by the professional employer and the client for assigned workers.
(d) For the purposes of this chapter, a professional employer arrangement shall not include:
(i) Temporary employees;
(ii) Arrangements wherein a person, whose principal business activity is not entering into professional employer arrangements, shares employees with a commonly owned company within the meaning of section 414(b) and (c) of the Internal Revenue Code of 1986, as amended, and which does not hold itself out as a professional employer;
(iii) Arrangements for which a person assumes full responsibility for the product or service performed by such person or his agents and retains and exercises, both legally and in fact, a complete right of direction and control over the individuals whose services are supplied under such contractual arrangements, and such person and his agents perform a specified function for the client which is separate and divisible from the primary business or operations of the client.
(6) "Professional employer" means any person engaged in providing the services of employees pursuant to one (1) or more professional employer arrangements or any person that represents itself to the public as providing services pursuant to a professional employer arrangement.
(7) "Temporary employee" means a worker employed by an organization which hires its own employees and assigns them to a third party to support or supplement the third party’s work force in work situations such as employee absences, temporary skill shortages, seasonal workload conditions, and special assignments and projects.
[44-2403, added 1994, ch. 129, sec. 1, p. 287.]
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.
[44-2404, added 1994, ch. 129, sec. 1, p. 288.]
(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 each party. The contract shall disclose to the client the services to be rendered, the respective rights and obligations of the parties, and provide that the professional employer:
(i) Reserves a right of direction and control over workers assigned to the client’s location. However, the client may retain such sufficient direction and control over the assigned workers as is necessary to conduct the client’s business and without which the client would be unable to conduct its business, discharge any fiduciary responsibility which it may have, or comply with any applicable licensure, regulatory or statutory requirement of the client;
(ii) Assume responsibility for the withholding and remittance of payroll-related taxes and employee benefits from its own accounts, as long as the contract between the client and professional employer remains in force;
(iii) Retain authority to hire, terminate, discipline, and reassign assigned workers. However, the client, if it accepts the responsibility for its action, may have the right to accept or cancel the arrangement of any assigned worker.
(b) Give written notice of the general nature of the relationship between the professional employer and the client to the workers assigned to the client and the public at large. Such notice may be posted in a visible and conspicuous manner at the client’s work site.
(2) It is anticipated that under this chapter professional employers will, from time to time, receive from client companies, moneys which represent assigned workers’ wages, withholdings, taxes, and benefit plan payments. Each professional employer shall keep in force, in the state of Idaho, a separate bank account or accounts for the purpose of keeping such money separate from the professional employer’s operating funds. Assigned workers’ wages, withholdings, taxes, and benefit plan payments shall be promptly paid from such trust accounts.
(3) A professional employer shall be considered an employer for purposes of withholding state income tax pursuant to section 63-3035, Idaho Code, to the same extent as the professional employer is an employer for withholding federal income taxes pursuant to the Internal Revenue Code. As long as the professional employer’s contract with the client remains in force, the professional employer shall have a right to and shall perform the following responsibilities:
(a) Pay wages and collect, report and pay employment taxes from its trust accounts;
(b) Pay unemployment taxes as required in Idaho state unemployment laws, chapter 13, title 72, Idaho Code;
(c) Work with the client in securing and providing worker’s compensation coverage for all of its assigned workers.
(4) A recognized professional employer shall be deemed the employer for the purposes of sponsoring and maintaining benefit and welfare plans for its assigned workers.
(5) Subject to any contrary provisions of the contract between the client and the professional employer, the professional employer arrangement that exists between a professional employer and its clients shall be interpreted for the purposes of sales tax on services, insurance and bonding as follows:
(a) A professional employer shall not be liable for the acts, errors or omissions of a client or of any assigned worker acting under the direction and control of a client. A client shall not be liable for the acts, errors or omissions of a professional employer or of any assigned worker of a professional employer acting under the direction and control of the professional employer. Nothing herein shall limit any contractual liability between the professional employer and the client, nor shall this subsection in any way limit the liabilities of any professional employer or client as defined elsewhere in this chapter;
(b) Workers assigned or contracted to a client by a professional employer are not deemed employees of the professional employer for purposes of general liability insurance, automobile insurance, fidelity bonds, surety bonds, employer’s liability which is not covered by worker’s compensation, or liquor liability insurance carried by the professional employer unless the employees are included by specific reference in the applicable employment arrangement contract, insurance contract or bond;
(c) If Idaho enacts a tax on services similar to the sales tax, the administration fee will be the amount which is taxed.
(6) The sale of professional employer arrangements in conformance with the provisions of this chapter shall not constitute the sale of insurance within the meaning of applicable Idaho law.
[44-2405, added 1994, ch. 129, sec. 1, p. 288.]
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 or certified according to law and who is an assigned worker is deemed an employee of the client for purposes of the license, registration or certification. Except to the extent provided otherwise in the contract with a client, a professional employer is not liable for the general debts, obligations, loss of profits, business goodwill or other consequential special or incidental damages of a client with which it has entered into a professional employer arrangement.
[44-2406, added 1994, ch. 129, sec. 1, p. 290.]
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 application, and to that end the provisions of this chapter are severable.
[44-2407, added 1994, ch. 129, sec. 1, p. 290.]
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 safety standards act (HUD code), that are currently sited within Idaho or that may be brought into the state after the effective date of this act. It is legislative intent that the relocation and installation of these homes be approved when the rehabilitation on the home has been completed as required in this chapter and proof of compliance has been issued by the administrator of the division of occupational and professional licenses of the state of Idaho.
[44-2501, added 1998, ch. 128, sec. 1, p. 478; am. 2023, ch. 15, sec. 30, p. 91.]
(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 section 44-2202, Idaho Code.
(2) Before a permit for the installation of the mobile home may be issued, the home must meet the rehabilitation requirements specified in this chapter and receive a certificate of compliance from the administrator of the division of occupational and professional licenses of the state of Idaho.
(3) Upon submission of the rehabilitation form required pursuant to section 44-2504, Idaho Code, and any other information required by the administrator to establish compliance with this chapter, the administrator shall issue a certificate of compliance to the homeowner. The certificate of compliance must be presented to the local jurisdiction before a permit for the installation of the home may be issued.
(4) Upon receipt of the certificate of compliance, the local jurisdiction shall issue the installation permit in the same manner as the permit would be issued with respect to a mobile/manufactured home for which rehabilitation is not required. No zoning or other ordinance or policy of the local jurisdiction prohibiting relocation or installation of a mobile home to which this chapter applies shall be effective to prohibit the relocation or installation of a mobile home for which a certificate of compliance has been issued in accordance with this chapter.
[44-2502, added 1998, ch. 128, sec. 1, p. 479; am. 2023, ch. 15, sec. 31, p. 91.]
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 area on the living area side and, when located in a hallway, the detector shall be between the return air intake and the living area. Each smoke detector shall be installed in accordance with its listing and the top of the detector shall be located on a wall four (4) inches to twelve (12) inches below the ceiling. The detector may be battery-powered or may be connected to an electrical outlet box by a permanent wiring method into a general electrical branch circuit, without any switch between the over current protection device protecting the branch circuit and the detector.
(2) The walls, ceilings and doors of each compartment containing a gas-fired furnace or water heater shall be lined with five-sixteenth (5/16) inch gypsum board, unless the door opens to the exterior of the home, in which case, the door may be all metal construction. All exterior compartments shall seal to the interior of the mobile home.
(3) Each room designated expressly for sleeping purposes shall have an exterior exit door or at least one (1) outside egress window or other approved exit device with a minimum clear dimension of twenty-two (22) inches and a minimum clear opening of five (5) square feet. The bottom of the exit shall not be more than thirty-six (36) inches above the floor.
(4) All electrical systems shall be tested for continuity to assure that metallic parts are properly bonded, tested for operation to demonstrate that all equipment is connected and in working order, and given a polarity check to determine that connections are proper. The electrical system shall be properly protected for the required amperage load. If the unit wiring is of aluminum conductors, all receptacles and switches rated twenty (20) amperes or less directly connected to the aluminum conductors shall be marked CO/ALR. Exterior receptacles other than heat tape receptacles shall be of the ground fault circuit interrupter (GFI) type. Conductors of dissimilar metals (copper/aluminum or copper clad aluminum) must be connected in accordance with section 110-14 of the national electrical code.
(5) The mobile home’s gas piping shall be tested with the appliance valves removed from the piping system and piping capped at those areas. The piping system shall withstand a pressure of at least six (6) inch mercury or three (3) psi gauge for a period of not less than ten (10) minutes without showing any drop in pressure. Pressure shall be measured with a mercury manometer or a slope gauge calibrated so as to read in increments of not greater than one-tenth (1/10) pound or an equivalent device. The source of normal operating pressure shall be isolated before the pressure test is made. After the appliance connections are reinstalled, the piping system and connections shall be tested with line pressure of not less than ten (10) inches nor more than fourteen (14) inches water column air pressure. The appliance connections shall be tested for leakage with soapy water or a bubble solution. All gas furnaces and water heaters shall be vented to the exterior in accordance with chapter 9 of the uniform mechanical code.
(6) A full water or air pressure test will be performed on the mobile home’s water and sewer system.
(a) Water piping shall be tested and proven tight under a water pressure not less than the working pressure under which it is to be used. The water used for tests shall be obtained from a potable source of supply. A fifty (50) pound per square inch (344.5kPa) air pressure may be substituted for the water test. In either method of test, the piping shall withstand a test without leaking for a period of not less than fifteen (15) minutes.
(b) A water test shall be applied to the drainage and vent system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except at the highest opening, and the system filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under the test and each section shall be filled with water, but no section shall be tested with less than a ten (10) foot (3m) head of water. In testing successive sections, at least the upper ten (10) feet (3m) of the next preceding section shall be tested, so that no joint or pipe in the structure, except the uppermost ten (10) feet (3m) of the system, shall have been submitted to a test of less than a ten (10) foot (3m) head of water. The water shall be kept in the system or in the portion under testing for at least fifteen (15) minutes before inspection starts. The system shall be tight at all points.
(7) All repairs or other work necessary to bring the mobile home into compliance with the requirements of this section shall be completed before a certificate of compliance may be issued.
[44-2503, added 1998, ch. 128, sec. 1, p. 479.]
(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 authorized representative of an Idaho-licensed manufactured home service company or installer or dealer holding an installer’s license. Electrical, gas, water and sewer inspections and any necessary repairs must be performed by a person or company properly licensed and authorized to perform the work under Idaho law, with the person or company performing the inspections and repairs to be noted on the rehabilitation form. A properly completed rehabilitation form shall be presented to the division of occupational and professional licenses before a certificate of compliance may be issued.
(2) The administrator of the division of occupational and professional licenses may, by rule, establish an administrative fee to cover the costs of administering the provisions of this chapter.
(3) In addition to the rulemaking authority provided in this section, the administrator of the division of occupational and professional licenses may promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, deemed necessary to implement the provisions of this chapter.
[44-2504, added 1998, ch. 128, sec. 1, p. 481; am. 2023, ch. 15, sec. 32, p. 92.]
This chapter shall be known as the "Voluntary Contributions Act."
[44-2601, added 2003, ch. 97, sec. 1, p. 312.]
(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) "Filing entity" means a candidate, officeholder, political committee, political party, and each other entity required to report contributions under chapter 66, title 67, Idaho Code.
(c) "Fund" means the separate segregated fund established by a labor organization for political purposes according to the procedures and requirements of this chapter.
(d) (i) "Labor organization" means any association or organization of employees, and any agency, employee representation committee, or plan in which employees participate that exists, in whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates of pay, hours of employment or conditions of employment.
(ii) Except as provided in subsection (1)(d)(iii) of this section, "labor organization" includes each employee association and union for employees of public and private sector employers.
(iii) "Labor organization" does not include organizations governed by the national labor relations act, 29 U.S.C. section 151, et seq. or the railway labor act, 45 U.S.C. section 151, et seq.
(e) "Political activities" means electoral activities, independent expenditures, or expenditures made to any candidate, political party, political action committee or political issues committee or in support of or against any ballot measure.
(f) "Union dues" means dues, fees or other moneys required as a condition of membership in a labor organization.
(2) Other terms defined in chapter 66, title 67, Idaho Code, apply to this chapter.
[44-2602, added 2003, ch. 97, sec. 1, p. 312; am. 2003, ch. 340, sec. 1, p. 916.]
(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 ensure that:
(i) In soliciting contributions for the fund, the solicitor discloses, in clear and unambiguous language on the face of the solicitation, that contributions are voluntary and that the fund is a political fund and will be expended for political activities;
(ii) Union dues are not used for political activities, transferred to the fund, or intermingled in any way with fund moneys;
(iii) The cost of administering the fund is paid from fund contributions and not from union dues; and
(iv) Each contribution is voluntary and shall be made by the member and may not come from or be remitted by the employer of the member.
(2) At the time the labor organization is soliciting contributions for the fund from an employee, the labor organization shall:
(a) Affirmatively inform the employee, orally or in writing, of the fund’s political purpose; and
(b) Affirmatively inform the employee, orally or in writing, of the employee’s right to refuse to contribute without fear of reprisal or loss of membership in the labor organization.
(3) The labor organization has the burden of proof to establish that the requirements of subsections (1)(b) and (2) of this section are met.
(4) Notwithstanding the requirements of subsection (1)(b)(ii) of this section, a labor organization may use union dues to lobby or communicate directly with its own members about political candidates, ballot measures, and other political issues.
[44-2603, added 2003, ch. 97, sec. 1, p. 312; am. 2003, ch. 340, sec. 2, p. 917.]
(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 discrimination or threat of membership discrimination, or economic reprisals or threat of economic reprisals; or
(ii) From union dues except as provided in section 44-2603(4), Idaho Code.
(b) When a labor organization is soliciting contributions for a fund from an employee, it is unlawful for a labor organization to fail to:
(i) Affirmatively inform the employee orally or in writing of the fund’s political purpose; and
(ii) Affirmatively inform the employee orally or in writing of the employee’s right to refuse to contribute without fear of reprisal or loss of membership in the labor organization.
(c) It is unlawful for a labor organization to pay a member for contributing to the fund by providing a bonus, expense account, rebate of union dues, or by any other form of direct or indirect compensation.
(2) Any person or entity violating this section is guilty of a misdemeanor.
[44-2604, added 2003, ch. 97, sec. 1, p. 313.]
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, title 67, Idaho Code.
[44-2605, added 2003, ch. 97, sec. 1, p. 313.]
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 contractor from engaging in employment or a line of business that is in direct competition with the employer’s business after termination of employment, and the same shall be enforceable, if the agreement or covenant is reasonable as to its duration, geographical area, type of employment or line of business, and does not impose a greater restraint than is reasonably necessary to protect the employer’s legitimate business interests.
[44-2701, added 2008, ch. 295, sec. 1, p. 824.]
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, trust, exposure to the public, or exposure to technologies, intellectual property, business plans, business processes and methods of operation, customers, vendors or other business relationships during the course of employment, have gained a high level of inside knowledge, influence, credibility, notoriety, fame, reputation or public persona as a representative or spokesperson of the employer and, as a result, have the ability to harm or threaten an employer’s legitimate business interests.
(2) "Legitimate business interests" shall include, but not be limited to, an employer’s goodwill, technologies, intellectual property, business plans, business processes and methods of operation, customers, customer lists, customer contacts and referral sources, vendors and vendor contacts, financial and marketing information, and trade secrets as that term is defined by chapter 8, title 48, Idaho Code.
[44-2702, added 2008, ch. 295, sec. 1, p. 824; am. 2018, ch. 349, sec. 1, p. 823.]
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 light of the circumstances in which it was made and specifically enforce the agreement or covenant as limited or modified.
[44-2703, added 2008, ch. 295, sec. 1, p. 824.]
(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 the time of the key employee’s or key independent contractor’s termination unless consideration, in addition to employment or continued employment, is given to a key employee or key independent contractor. Nothing in this chapter shall be construed to limit a party’s ability to otherwise protect trade secrets or other information deemed proprietary or confidential.
(2) It shall be a rebuttable presumption that an agreement or covenant with a postemployment term of eighteen (18) months or less is reasonable as to duration.
(3) It shall be a rebuttable presumption that an agreement or covenant is reasonable as to geographic area if it is restricted to the geographic areas in which the key employee or key independent contractor provided services or had a significant presence or influence.
(4) It shall be a rebuttable presumption that an agreement or covenant is reasonable as to type of employment or line of business if it is limited to the type of employment or line of business conducted by the key employee or key independent contractor, as defined in section 44-2702, Idaho Code, while working for the employer.
(5) It shall be a rebuttable presumption that an employee or independent contractor who is among the highest paid five percent (5%) of the employer’s employees or independent contractors is a "key employee" or a "key independent contractor." To rebut such presumption, an employee or independent contractor must show that it has no ability to adversely affect the employer’s legitimate business interests.
[44-2704, added 2008, ch. 295, sec. 1, p. 824; am. 2016, ch. 281, sec. 1, p. 779; am. 2018, ch. 349, sec. 2, p. 823.]
This act shall be known and may be cited as the "Portable Benefit Plan Act."
[44-2801, added 2026, ch. 106, sec. 1, p. 551.]
For the purposes of this chapter:
(1) "Bank" means a state bank, national bank, credit union, out-of-state state-chartered bank, or foreign bank organized under the laws of a territory of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or Greenland with deposits insured by the federal deposit insurance corporation.
(2) "Hiring party" means a person or entity who hires or enters into a contract with an independent contractor.
(3) "Independent contractor" means any person who renders service for a specified recompense for a specified result, under the right to control or actual control of the independent contractor’s principal as to the result of the independent contractor’s work only and not as to the means by which such result is accomplished.
(4) "Portable benefit account" means an account owned by an independent contractor to fund the purchase of one (1) or more benefit plans.
(5) "Portable benefit account provider" means the administrator of a portable benefit account and includes:
(a) A bank;
(b) An investment management firm;
(c) A technology provider or program manager that offers services through a bank or investment management firm; or
(d) Any other person who demonstrates to the satisfaction of the department that the manner in which the person will administer the portable benefit account will be consistent with the portable benefit account requirements under this chapter.
(6) "Portable benefit plan" means a benefit plan:
(a) Administered by a third party benefit plan provider chosen by an independent contractor and assigned to a beneficiary rather than to a hiring party; and
(b) Includes but is not limited to:
(i) Disability insurance;
(ii) Health insurance;
(iii) Income replacement insurance;
(iv) Life insurance;
(v) Retirement benefits; or
(vi) Unemployment insurance.
[44-2802, added 2026, ch. 106, sec. 1, p. 551; am. 2026, ch. 274, sec. 1, p. 1160.]
(1) Any person or entity, whether public or private, including an internet-based or application-based company, may voluntarily contribute funds to a portable benefit account for an independent contractor.
(2) Contributions by a hiring party to any portable benefit account shall not be treated as evidence that a worker is an employee of the hiring party pursuant to employment security law, worker’s compensation law, the Internal Revenue Code, or any state and federal employment or labor laws.
(3) Contributions to a portable benefit account may be made using:
(a) The funds of the hiring party; or
(b) A percentage of funds withheld from the compensation owed to an independent contractor if all of the following conditions are met:
(i) The withholding of compensation is expressly agreed to in writing;
(ii) The written agreement is clear, unambiguous, and prominently displayed either in a work contract or in a separate invoice;
(iii) The withholdings are voluntary and require the independent contractor to opt-in; and
(iv) The independent contractor may choose to opt-out of such withholdings at any time.
[44-2803, added 2026, ch. 106, sec. 1, p. 552.]
(1) A hiring party that contributes funds to a portable benefit account pursuant to section 44-2803(3)(a) or (b), Idaho Code, may deduct as a business expense an amount equal to one hundred percent (100%) of any such contributions during the applicable tax year.
(2) An independent contractor may exclude from taxable income an amount equal to one hundred percent (100%) of the amount contributed by a hiring party pursuant to section 44-2803(3)(a) or (b), Idaho Code, during the applicable tax year.
[44-2804, added 2026, ch. 106, sec. 1, p. 552.]
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