Compliance Watch:

What are my rights as a salaried employee in Idaho?

According to both the Fair Labor Standards Act (FLSA) and labor regulations in Idaho, salaried workers are those who receive a predetermined fixed amount of pay at regular intervals, typically weekly or less frequently. These employees are subject to specific guidelines governing their working conditions.

In Idaho, employers are obligated to disburse wages to their workforce monthly. The exact payday must be established in advance and should not extend beyond 15 days after the conclusion of the pay period. If the designated payday falls on a day when work is not scheduled, wages can be issued on the next working day.

Under the FLSA, certain employees are categorized as exempt, and this notably includes many salaried individuals, especially those in managerial, executive, administrative, professional, and computer science roles. If you are a salaried employee but do not occupy one of these positions, you may be classified as non-exempt, entitling you to receive overtime compensation.

To learn more about Idaho labor laws,  you can access our guides on your rights as an hourly employee in Idaho and Idaho salaried employees laws.

• Anti-Discrimination Laws: All employees are protected against workplace discrimination based on the following characteristics: disability, national origin, ancestry, race, color, religion, gender, and military veteran status.
• Whistleblower Protection Laws: Idaho shields salaried workers from retaliation when they report their employers’ unlawful actions or violations of state and federal regulations. This protection extends to offenses such as felonies, actions endangering public health, and solicitations for donations from employees.
• Equal Pay: Idaho prohibits employers from discriminating among employees by offering a lower wage to employees of a specific sex or gender identity compared to others, under certain conditions. Employers are also barred from providing less favorable employment opportunities, as defined by the law, based on sex and gender identity.
• Family and Medical Leave: Qualified employees can take unpaid leave for specific medical and family-related reasons under the Family and Medical Leave Act (FMLA).
• Meal and Rest Breaks: Labor laws in Idaho do not mandate that employers provide meal or rest breaks for adult employees.
• Minimum Wage: Salaried employees in Idaho who are non-exempt have the right to receive the state’s minimum wage. However, this minimum wage standard may vary among counties in the state and is contingent upon the size of the business.
• Overtime Pay: Non-exempt salaried employees are eligible to receive overtime compensation at a rate of 1.5 times their regular hourly wage for any hours worked beyond 40 hours in a single work week.

Yes, certain salaried workers in Idaho are eligible for overtime compensation. This encompasses a range of positions, including executives, professionals, administrative personnel, and outside sales representatives. For domestic service providers, overtime is compensated at a rate of one and a half times their standard hourly wage.  For an in-depth understanding of this topic, you can access our guide on Idaho overtime laws.

Employers may not deduct any amount of an employee’s wages unless required by state or federal law. The employer may obtain written authorization to make deductions from an employee’s paycheck. 

However, In most cases, even with written authorization, the deduction cannot reduce wages below the minimum wage. If an employer can demonstrate that they’ve given an advance or provided a draw against the employee’s future wages, they are permitted to withhold the entire amount of that advance or draw from any subsequent paycheck.

Idaho law does not mandate employers to provide breaks or meal periods. Employees are only eligible for breaks if it is the employer’s practice to offer them.

Idaho employers are required to offer the following types of leave to their employees:

• Family and Medical Leave: Under the FMLA, eligible employees can take extended unpaid leave while safeguarding their job security. To be eligible, employees must have worked for a covered employer for at least 12 months and accruing at least 1,250 hours. Those who qualify can take up to 12 weeks (480 hours) of unpaid leave for various situations, including caring for a newborn or foster/adopted child, attending to a family member with a severe illness, or dealing with a serious illness.
• Military Leave: Within the family and medical leave program, there are special provisions for military personnel and their families. This includes Standard FML, which allows up to 12 weeks of leave for family members of military personnel on active duty or preparing for it. Under the Service member FML,  employers get up to 26 weeks of leave to care for a family member injured while on active military duty.
• Jury Duty Leave: In Idaho, employers cannot penalize employees fulfilling their jury duty responsibilities. However, employers are not required to pay them for this time and may ask them to use their accrued leave instead.

Flexible work arrangements like telecommuting are not an automatic entitlement for employees in Idaho; instead, its utilization is subject to the discretion of the appointing authority or their delegate. This decision is based on the approval of agency policy by the Division of Human Resources (DHR) Administrator. 

Before commencing telecommuting, there is a mandatory requirement for an employee telecommuting agreement, which necessitates agreement and signatures from the employee, their supervisor, and the agency’s appointing authority or their representative. It is crucial to clarify that this agreement does not confer any additional rights to employees, nor does it establish a new employment contract if one doesn’t already exist.

In cases where an agency intends to have an employee or employees work from a location outside the State of Idaho, they must first obtain approval from both DHR and DFM before hiring new personnel or allowing existing employees to regularly perform their assigned duties from an out-of-state location.

While this policy promotes workplace flexibility, it equally emphasizes the importance of accountability to ensure that all tasks are carried out efficiently and with measurable outcomes. Furthermore, this policy outlines the respective responsibilities of the agency, supervisors, and employees.

Exempt workers are employees who are not entitled to receive extra compensation for working overtime hours. In Maryland, the classification of whether an employee is exempt or non-exempt follows the categories established by the FLSA, where an employee’s salary, compensation structure, and job duties are used to determine their classification.

An employee is considered exempt if they meet the following conditions:

• Exempt status applies to salaried employees earning more than $844 per week or $43,888 annually.
• Employees should consistently receive a consistent regular salary within a designated pay period.
• Employees who may be exempt from overtime pay hold certain job roles, including executives or managerial personnel, administrators, skilled professionals, computer employees, and highly compensated employees.

Idaho contains specific exemptions from its provisions for certain categories of employees. These exemptions include:

• Employees serving in legitimate executive, administrative, or professional roles.
• Individuals involved in domestic service.
• Outside salespeople.
• Seasonal workers participating in nonprofit camping programs.
• Children under the age of sixteen who engage in part-time or occasional work for no more than four hours per day with a single employer.
• Employees under the age of eighteen working for immediate family members or their family’s business.
• Individuals employed in the agricultural sector.

Employers in Idaho are required by law to compensate their workers with a minimum wage rate of $7.25 per hour.

Tipped employees should receive a minimum wage of $3.35 per hour. However, if the total tips received by the employee and the direct wages from the employer don’t meet the minimum wage, the employer is responsible for covering the shortfall.

In Idaho, if a salaried employee is eligible for overtime work for more than 40 hours within a single workweek, they will be entitled to receive overtime compensation at a rate equivalent to one and a half times their regular salary.

In Idaho, employers cannot deduct extra amounts from an employee’s check without first getting written authorization.

• Employers in Idaho are prohibited from discriminating against employees based on protected characteristics and are also barred from retaliating against workers. 
• Employees in Idaho are guaranteed equal pay and safeguards against retaliation when they report discrimination or violations of labor laws.
• Employees have rights to various types of leave, including domestic violence leave, jury duty leave, witness leave, and military leave.
• Eligible employees in Idaho are entitled to earned sick leave benefits per the Earned Sick Leave Law.
• The Fair Labor Standards Act requires that all hours worked in Idaho must be compensated at the minimum wage rate, and additional hours should be compensated at one and a half times the regular rate as overtime pay.
• Regulations pertaining to the hiring of underage individuals are outlined.

It’s important to be mindful of specific deadlines when it comes to initiating discrimination claims against your present or previous employer. If you suspect that you’ve been discriminated against, you can contact the Idaho Human Rights Commission (IHRC).  To maintain the IHRC’s capacity to provide support, it is crucial to get in touch with them without delay when you suspect any form of discrimination.