reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1601 - DEFINITIONS.

44-1601. DEFINITIONS. As used in this chapter:
(1) "Agricultural association" means any nonprofit or cooperative association of farmers, growers or ranchers, incorporated or qualified under applicable state law.
(2) "Agricultural employer" means any person engaged in any activity 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.
History:
[44-1601, added 2002, ch. 328, sec. 1, p. 920.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1602 - EXEMPTIONS.

44-1602. EXEMPTIONS. The provisions of this chapter shall not apply to the following:
(1) An agricultural association engaged in farm labor contracting activities exclusively for members of that association.
(2) Any individual engaged in farm labor contracting for an agricultural 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.
History:
[44-1602, added 2002, ch. 328, sec. 1, p. 920.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1603 - LICENSE — APPLICATION — CONTENTS.

44-1603. LICENSE — APPLICATION — CONTENTS. (1) Except as otherwise provided, no person shall act as a farm labor contractor unless such person holds a valid license issued by the department.
(2) An application for a farm labor contractor’s license shall be sworn to by the 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.".
History:
[44-1603, added 2002, ch. 328, sec. 1, p. 921.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1604 - APPLICANT — PROOF OF FINANCIAL RESPONSIBILITY — PAYMENT OF CLAIMS.

44-1604. APPLICANT — PROOF OF FINANCIAL RESPONSIBILITY — PAYMENT OF CLAIMS. (1) Each applicant shall submit with the application and shall continually maintain proof of financial responsibility to ensure the prompt payment of employees’ wages pursuant to chapter 6, title 45, 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.
History:
[44-1604, added 2002, ch. 328, sec. 1, p. 922.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1605 - APPLICATION FEE — APPROPRIATION.

44-1605. APPLICATION FEE — APPROPRIATION. Each application shall be accompanied by a nonrefundable fee of two hundred fifty dollars ($250). All fees collected shall be continuously appropriated to the department and used for the administration of this chapter.
History:
[44-1605, added 2002, ch. 328, sec. 1, p. 923.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1607 - FARM LABOR CONTRACTOR — DUTIES.

44-1607. FARM LABOR CONTRACTOR — DUTIES. A farm labor contractor shall:
(1) Carry his farm labor contractor license at all times and exhibit such license upon request to anyone with whom the farm labor contractor intends to deal in his capacity as a farm labor contractor.
(2) 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.
History:
[44-1607, added 2002, ch. 328, sec. 1, p. 924.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1608 - FARM LABOR CONTRACTOR — APPLICANT FOR LICENSE — PROHIBITED ACTS.

44-1608. FARM LABOR CONTRACTOR — APPLICANT FOR LICENSE — PROHIBITED ACTS. A farm labor contractor or an applicant for a farm labor contractor’s license shall not:
(1) Make misrepresentations or false statements on the application for a license.
(2) Make or cause to be made, to 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.
History:
[44-1608, added 2002, ch. 328, sec. 1, p. 925.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1609 - LICENSE — DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW.

44-1609. LICENSE — DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW. (1) The department may deny, revoke, suspend or refuse to renew a farm labor contractor license when:
(a) The applicant or licensee, or the agent of the applicant or licensee, has had his farm labor contractor’s 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.
History:
[44-1609, added 2002, ch. 328, sec. 1, p. 925.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1611 - JOINT LIABILITY.

44-1611. JOINT LIABILITY. (1) If an agricultural employer uses a farm labor contractor who is properly licensed and bonded under the provisions of this chapter, that agricultural employer shall not be jointly and severally liable for any unpaid wages determined to be due and 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.
History:
[44-1611, added 2002, ch. 328, sec. 1, p. 927.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1612 - CLAIM FOR WAGES — EXCLUSIVE REMEDY.

44-1612. CLAIM FOR WAGES — EXCLUSIVE REMEDY. A claim for unpaid wages by an employee of a farm labor contractor shall be treated as a claim for wages under chapter 6, title 45, Idaho Code.
History:
[44-1612, added 2002, ch. 328, sec. 1, p. 927.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1613 - PRIVATE RIGHT OF ACTION.

44-1613. PRIVATE RIGHT OF ACTION. Except as provided for in section 44-1612, Idaho Code, any person aggrieved by a violation of this chapter may bring a civil action in a court of competent jurisdiction for injunctive relief, damages or both. If the court finds that any person 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.
History:
[44-1613, added 2002, ch. 328, sec. 1, p. 927.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1614 - SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE.

44-1614. SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE. In any action arising out of the activities of an unlicensed farm labor contractor within this state who is not in the state or is otherwise unavailable for service of process in this state, the unlicensed 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.
History:
[44-1614, added 2002, ch. 328, sec. 1, p. 927.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1615 - RETALIATION PROHIBITED.

44-1615. RETALIATION PROHIBITED. No farm labor contractor may discharge or in any other manner discriminate against an employee because that employee made a claim against the farm labor contractor pursuant to this chapter, testified or is about to testify in any proceedings brought pursuant to this chapter, or discussed or consulted with anyone concerning the employee’s rights under this chapter.
History:
[44-1615, added 2002, ch. 328, sec. 1, p. 927.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1616 - VIOLATIONS — PENALTY.

44-1616. VIOLATIONS — PENALTY. (1) Any person who intentionally defaces, alters or changes a farm labor contractor license, or who uses the license of another, or who knowingly permits another person to use his license or acts as a farm labor contractor without a license shall be 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.
History:
[44-1616, added 2002, ch. 328, sec. 1, p. 928.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1617 - DEPARTMENT — ADMINISTRATIVE RULES.

44-1617. DEPARTMENT — ADMINISTRATIVE RULES. The department may adopt rules reasonably necessary for the administration of this chapter.
History:
[44-1617, added 2002, ch. 328, sec. 1, p. 928.]
2023 Idaho Code › Title 44 - LABOR › Chapter 16 - FARM LABOR CONTRACTOR LICENSING › Section 44-1618 - SEVERABILITY.

44-1618. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision is declared void, invalid, or unenforceable in whole or in part, such declaration shall not affect the remaining provisions of this chapter.
History:
[44-1618, added 2002, ch. 328, sec. 1, p. 928.]
2023 Idaho Code › Title 44 - LABOR › Chapter 17 - DISCRIMINATORY WAGE RATES BASED UPON SEX › Section 44-1701 - DEFINITIONS.

44-1701. DEFINITIONS. As used in this act:
(1) "Employee" means any individual employed by an employer, including individuals employed by the state or any of its political subdivisions.
(2) "Employer" includes any person acting directly or indirectly in the interest of an 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 17 - DISCRIMINATORY WAGE RATES BASED UPON SEX › Section 44-1702 - DISCRIMINATORY PAYMENT OF WAGES BASED UPON SEX PROHIBITED.

44-1702. DISCRIMINATORY PAYMENT OF WAGES BASED UPON SEX PROHIBITED. (1) No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which 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.
History:
[44-1702, added 1969, ch. 252, sec. 2, p. 783.]
2023 Idaho Code › Title 44 - LABOR › Chapter 17 - DISCRIMINATORY WAGE RATES BASED UPON SEX › Section 44-1703 - POWERS AND DUTIES OF DIRECTOR WITH RESPECT TO UNLAWFUL PAY PRACTICES.

44-1703. POWERS AND DUTIES OF DIRECTOR WITH RESPECT TO UNLAWFUL PAY PRACTICES. (1) The director is authorized to endeavor to eliminate pay practices unlawful under this act, by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages 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.
History:
[44-1703, added 1969, ch. 252, sec. 3, p. 783; am. 1974, ch. 39, sec. 70, p. 1023.]
2023 Idaho Code › Title 44 - LABOR › Chapter 17 - DISCRIMINATORY WAGE RATES BASED UPON SEX › Section 44-1704 - PROCEDURES FOR COLLECTION OF UNPAID WAGES.

44-1704. PROCEDURES FOR COLLECTION OF UNPAID WAGES. (1) Any employer who violates the provisions of section 44-1702, Idaho Code, shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of wilful violation in employee suits under 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.
History:
[44-1704, added 1969, ch. 252, sec. 4, p. 783; am. 1974, ch. 39, sec. 71, p. 1023.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1801 - DEFINITIONS.

44-1801. DEFINITIONS. As used in this act the following terms shall have the following meanings:
(1) "Firefighter" shall mean the paid members, except supervisors, of any regularly constituted fire department in any city, county, fire district or political subdivision within the 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1802 - COLLECTIVE BARGAINING RIGHTS OF FIREFIGHTERS — REPRESENTATION BY BARGAINING AGENT.

44-1802. COLLECTIVE BARGAINING RIGHTS OF FIREFIGHTERS — REPRESENTATION BY BARGAINING AGENT. The firefighters in any city, county, fire district or other political subdivision in the state of Idaho shall have the right to bargain collectively with their respective cities, counties, 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.
History:
[44-1802, added 1970, ch. 138, sec. 2, p. 333.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1803 - RECOGNITION OF EXCLUSIVE BARGAINING AGENT.

44-1803. RECOGNITION OF EXCLUSIVE BARGAINING AGENT. The organization selected by the majority of the firefighters in any city, county, fire district or political subdivision shall be recognized as the sole and exclusive bargaining agent for all of the firefighters in the fire department, unless and until recognition of such bargaining agent is withdrawn by vote of the majority of the firefighters of such department.
History:
[44-1803, added 1970, ch. 138, sec. 3, p. 333; am. 1977, ch. 98, sec. 2, p. 206.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1804 - OBLIGATION OF CORPORATE AUTHORITIES TO BARGAIN IN GOOD FAITH — ENTERING INTO WRITTEN CONTRACT.

44-1804. OBLIGATION OF CORPORATE AUTHORITIES TO BARGAIN IN GOOD FAITH — ENTERING INTO WRITTEN CONTRACT. It shall be the obligation of the city, county, fire district or other political subdivision through its proper corporate authorities or their designees, to meet and confer in 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1805 - SUBMISSION OF ISSUES TO FACT FINDING COMMISSION.

44-1805. SUBMISSION OF ISSUES TO FACT FINDING COMMISSION. In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issues shall be submitted to a fact finding commission.
History:
[44-1805, added 1970, ch. 138, sec. 5, p. 333.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1806 - APPOINTMENT OF FACT-FINDING COMMISSION — PUBLIC OFFICIALS AND EMPLOYEES INELIGIBLE — PAYMENT OF EXPENSES.

44-1806. APPOINTMENT OF FACT-FINDING COMMISSION — PUBLIC OFFICIALS AND EMPLOYEES INELIGIBLE — PAYMENT OF EXPENSES. Within five (5) days from the expiration of the thirty (30) day period referred to in section 44-1805, Idaho Code, the bargaining agent and the corporate authorities 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.
History:
[44-1806, added 1970, ch. 138, sec. 6, p. 333; am. 1996, ch. 421, sec. 21, p. 1421.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1807 - NEGOTIATED AGREEMENTS CONSTITUTE CONTRACT.

44-1807. NEGOTIATED AGREEMENTS CONSTITUTE CONTRACT. Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after the fact finding commission’s recommendation shall constitute the collective bargaining contract governing the firefighters and said city, county, fire district, or political subdivision for the period stated therein.
History:
[44-1807, added 1970, ch. 138, sec. 7, p. 333; am. 1977, ch. 95, sec. 2, p. 200.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1808 - NOTICE OF REQUEST FOR BARGAINING ON MATTERS REQUIRING APPROPRIATION.

44-1808. NOTICE OF REQUEST FOR BARGAINING ON MATTERS REQUIRING APPROPRIATION. Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city, county, fire district or political subdivision are included as a matter of collective bargaining conducted 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.
History:
[44-1808, added 1970, ch. 138, sec. 8, p. 333.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1809 - NOTICE OF HEARING BEFORE FACT FINDING COMMISSION — PRESENTATION OF EVIDENCE — DETERMINATION BY MAJORITY.

44-1809. NOTICE OF HEARING BEFORE FACT FINDING COMMISSION — PRESENTATION OF EVIDENCE — DETERMINATION BY MAJORITY. (a) The fact finding commission shall appoint a time and place for hearing and cause notification to the parties consisting of the bargaining agent and the corporate 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.
History:
[44-1809, added 1970, ch. 138, sec. 9, p. 333.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1810 - WRITTEN RECOMMENDATION OF COMMISSION — COPIES TO PARTIES.

44-1810. WRITTEN RECOMMENDATION OF COMMISSION — COPIES TO PARTIES. The recommendation of the fact finding commission shall be in writing and signed by the members joining in the recommendation. The fact finding commission shall deliver a copy of the recommendation to the bargaining agent, corporate authorities, and any other party requesting such recommendation.
History:
[44-1810, added 1970, ch. 138, sec. 10, p. 333.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1811 - STRIKES PROHIBITED DURING CONTRACT.

44-1811. STRIKES PROHIBITED DURING CONTRACT. Upon consummation and during the term of the written contract or agreement, no firefighter shall strike or recognize a picket line of any labor organization while in the performance of his official duties.
History:
[44-1811, added 1970, ch. 138, sec. 11, p. 333.]
2023 Idaho Code › Title 44 - LABOR › Chapter 18 - EMPLOYMENT OF FIREFIGHTERS › Section 44-1812 - MINIMUM STANDARDS FOR EMPLOYING PAID FIREFIGHTERS.

44-1812. MINIMUM STANDARDS FOR EMPLOYING PAID FIREFIGHTERS. (1) No person may be employed as a paid firefighter as defined in sections 44-1801(1) and 59-1391(f), Idaho Code, until that person:
(a) Has met and has been certified by the examining physician selected by the corporate 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 19 - SANITATION FACILITIES FOR FARM WORKERS › Section 44-1901 - STATEMENT OF INTENT.

44-1901. STATEMENT OF INTENT. It is hereby declared that the legislature of the state of Idaho, by the passage of this act, recognizes that the provision of toilet facilities for workers working in fields in the growing and harvesting of crops is necessary to preserve sanitation and health and that the provision of these basic facilities is also necessary for the privacy and dignity of such workers.
History:
[44-1901, added 1981, ch. 256, sec. 1, p. 547.]
2023 Idaho Code › Title 44 - LABOR › Chapter 19 - SANITATION FACILITIES FOR FARM WORKERS › Section 44-1902 - DEFINITIONS.

44-1902. DEFINITIONS. As used in this chapter, the following terms have the following meanings:
(1) "Farm operation" means any activity by which a crop is planted, grown, tended, cultivated or harvested, in which eight (8) or more workers are working as a crew, unit or group for 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.
History:
[44-1902, added 1981, ch. 256, sec. 1, p. 547.]
2023 Idaho Code › Title 44 - LABOR › Chapter 19 - SANITATION FACILITIES FOR FARM WORKERS › Section 44-1903 - FURNISHING OF TOILET FACILITIES.

44-1903. FURNISHING OF TOILET FACILITIES. On any farm operation, the farm operator, or when workers are furnished by a farm labor contractor, the farm labor contractor, shall provide and maintain at least one (1) toilet facility in a clean and sanitary condition for every forty (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.
History:
[44-1903, added 1981, ch. 256, sec. 1, p. 548.]
2023 Idaho Code › Title 44 - LABOR › Chapter 19 - SANITATION FACILITIES FOR FARM WORKERS › Section 44-1904 - RETALIATORY ACTIONS.

44-1904. RETALIATORY ACTIONS. No farm operator or farm labor contractor may discharge or in any manner retaliate against any worker because the worker has instituted or is about to institute any proceedings under this chapter, or has testified, or is about to testify, in any proceedings under or related to the provisions of this chapter.
History:
[44-1904, added 1981, ch. 256, sec. 1, p. 548.]
2023 Idaho Code › Title 44 - LABOR › Chapter 19 - SANITATION FACILITIES FOR FARM WORKERS › Section 44-1905 - VIOLATION — PENALTY — MISDEMEANOR.

44-1905. VIOLATION — PENALTY — MISDEMEANOR. Any farm operator or farm labor contractor who willfully or negligently violates section 44-1903, Idaho Code, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) for each violation.
History:
[44-1905, added 1981, ch. 256, sec. 1, p. 548.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2001 - DECLARATION OF PUBLIC POLICY.

44-2001. DECLARATION OF PUBLIC POLICY. It is hereby declared to be the public policy of the state of Idaho, in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth, that the right to work 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.
History:
[44-2001, added 1985, ch. 2, sec. 1, p. 5.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2002 - LABOR ORGANIZATION.

44-2002. LABOR ORGANIZATION. The term "labor organization" means any organization of any kind, or agency or employee representation committee or union, which exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of compensation.
History:
[44-2002, added 1985, ch. 2, sec. 1, p. 5.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2003 - FREEDOM OF CHOICE GUARANTEED, DISCRIMINATION PROHIBITED.

44-2003. FREEDOM OF CHOICE GUARANTEED, DISCRIMINATION PROHIBITED. No person shall be required, as a condition of employment or continuation of employment, (1) to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor 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.
History:
[44-2003, added 1985, ch. 2, sec. 1, p. 5.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2004 - VOLUNTARY PAYMENTS PROTECTED.

44-2004. VOLUNTARY PAYMENTS PROTECTED. (1) It shall be unlawful to deduct from the wages, earnings or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization, unless the employee has 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.
History:
[44-2004, added 1985, ch. 2, sec. 1, p. 5; am. 2003, ch. 97, sec. 2, p. 314.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2005 - AGREEMENTS IN VIOLATION, AND ACTIONS TO INDUCE SUCH AGREEMENTS, DECLARED ILLEGAL.

44-2005. AGREEMENTS IN VIOLATION, AND ACTIONS TO INDUCE SUCH AGREEMENTS, DECLARED ILLEGAL. Any agreement, understanding or practice, written or oral, implied or expressed, between any labor organization and employer which violates the rights of employees as guaranteed by 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.
History:
[44-2005, added 1985, ch. 2, sec. 1, p. 5.]