reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 44 - LABOR › Chapter 7 - INJUNCTIVE RELIEF IN LABOR DISPUTES › Section 44-709 - REVIEW OF ORDERS GRANTING OR REFUSING INJUNCTION.

44-709. REVIEW OF ORDERS GRANTING OR REFUSING INJUNCTION. 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.
History:
[44-709, added 1933, ch. 215, sec. 9, p. 452.]
2023 Idaho Code › Title 44 - LABOR › Chapter 7 - INJUNCTIVE RELIEF IN LABOR DISPUTES › Section 44-710 - CRIMINAL CONTEMPT CHARGED — RIGHTS OF ACCUSED.

44-710. CRIMINAL CONTEMPT CHARGED — RIGHTS OF ACCUSED. 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.
History:
[44-710, added 1933, ch. 215, sec. 10, p. 452.]
2023 Idaho Code › Title 44 - LABOR › Chapter 7 - INJUNCTIVE RELIEF IN LABOR DISPUTES › Section 44-711 - PUNISHMENT FOR CONTEMPT.

44-711. PUNISHMENT FOR CONTEMPT. Punishment for a contempt, specified in section 44-710[, Idaho Code], 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.
History:
[44-711, added 1933, ch. 215, sec. 11, p. 452.]
2023 Idaho Code › Title 44 - LABOR › Chapter 7 - INJUNCTIVE RELIEF IN LABOR DISPUTES › Section 44-712 - LABOR DISPUTE DEFINED.

44-712. LABOR DISPUTE DEFINED. 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.
History:
[44-712, added 1933, ch. 215, sec. 12, p. 452; am. 1947, ch. 266, sec. 1, p. 789.]
2023 Idaho Code › Title 44 - LABOR › Chapter 7 - INJUNCTIVE RELIEF IN LABOR DISPUTES › Section 44-713 - SEPARABILITY.

44-713. SEPARABILITY. 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.
History:
[44-713, added 1933, ch. 215, sec. 13, p. 452.]
2023 Idaho Code › Title 44 - LABOR › Chapter 8 - SECONDARY BOYCOTT ACT › Section 44-801 - SECONDARY BOYCOTT.

44-801. SECONDARY BOYCOTT. 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.
History:
[44-801, added 1947, ch. 265, sec. 1, p. 788.]
2023 Idaho Code › Title 44 - LABOR › Chapter 8 - SECONDARY BOYCOTT ACT › Section 44-802 - PENALTY.

44-802. PENALTY. 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.
History:
[44-802, added 1947, ch. 265, sec. 2, p. 788.]
2023 Idaho Code › Title 44 - LABOR › Chapter 9 - EMPLOYMENT CONTRACTS › Section 44-901 - ANTI-UNION CONTRACTS PROHIBITED.

44-901. ANTI-UNION CONTRACTS PROHIBITED. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 9 - EMPLOYMENT CONTRACTS › Section 44-902 - CONTRACTS RESTRICTING BOARD AND LODGING PROHIBITED.

44-902. CONTRACTS RESTRICTING BOARD AND LODGING PROHIBITED. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 9 - EMPLOYMENT CONTRACTS › Section 44-903 - POLYGRAPH TESTS PROHIBITED.

44-903. POLYGRAPH TESTS PROHIBITED. 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.
History:
[44-903, added 1973, ch. 279, sec. 1, p. 594.]
2023 Idaho Code › Title 44 - LABOR › Chapter 9 - EMPLOYMENT CONTRACTS › Section 44-904 - POLYGRAPH TESTS — EXCLUSIONS.

44-904. POLYGRAPH TESTS — EXCLUSIONS. 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.
History:
[44-904, added 1973, ch. 279, sec. 2, p. 594.]
2023 Idaho Code › Title 44 - LABOR › Chapter 9 - EMPLOYMENT CONTRACTS › Section 44-905 - FRANCHISE AGREEMENTS — EMPLOYMENT STATUS.

44-905. FRANCHISE AGREEMENTS — EMPLOYMENT STATUS. (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.
History:
[44-905, added 2018, ch. 215, sec. 1, p. 485.]
2023 Idaho Code › Title 44 - LABOR › Chapter 10 - PUBLIC WORKS › Section 44-1001 - EMPLOYMENT OF RESIDENTS OF IDAHO — WAGE SCALE — FEDERAL FUNDS.

44-1001. EMPLOYMENT OF RESIDENTS OF IDAHO — WAGE SCALE — FEDERAL FUNDS. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 10 - PUBLIC WORKS › Section 44-1002 - TERMS OF EMPLOYMENT AND WAGE CONTRACTS.

44-1002. TERMS OF EMPLOYMENT AND WAGE CONTRACTS. 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 10 - PUBLIC WORKS › Section 44-1003 - DEFINITIONS OF TERMS USED.

44-1003. DEFINITIONS OF TERMS USED. 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 10 - PUBLIC WORKS › Section 44-1004 - PENALTY FOR VIOLATING LAW.

44-1004. PENALTY FOR VIOLATING LAW. If any person, firm or corporation shall fail to comply with the provisions of this act he shall be guilty of a misdemeanor.
History:
[44-1004, added 1933, ch. 111, sec. 3[4], p. 176; am. 1935, ch. 140, sec. 1, p. 346.]
2023 Idaho Code › Title 44 - LABOR › Chapter 10 - PUBLIC WORKS › Section 44-1005 - EMPLOYMENT OF ALIENS ON PUBLIC WORKS PROHIBITED — EXCEPTION.

44-1005. EMPLOYMENT OF ALIENS ON PUBLIC WORKS PROHIBITED — EXCEPTION. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 12 - HOURS WORKED ACT › Section 44-1201 - DECLARATION OF STATE POLICY.

44-1201. DECLARATION OF STATE POLICY. 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.
History:
[44-1201, added 1947, ch. 267, sec. 1, p. 789.]
2023 Idaho Code › Title 44 - LABOR › Chapter 12 - HOURS WORKED ACT › Section 44-1202 - HOURS OF WORK AND COMPENSABLE TIME — DETERMINATION.

44-1202. HOURS OF WORK AND COMPENSABLE TIME — DETERMINATION. 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.
History:
[44-1202, added 1947, ch. 267, sec. 2, p. 789.]
2023 Idaho Code › Title 44 - LABOR › Chapter 12 - HOURS WORKED ACT › Section 44-1203 - COMPENSABLE PAY PROVISIONS UNAFFECTED.

44-1203. COMPENSABLE PAY PROVISIONS UNAFFECTED. 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.
History:
[44-1203, added 1947, ch. 267, sec. 3, p. 789.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1301 - RESTRICTIONS ON EMPLOYMENT OF CHILDREN UNDER FOURTEEN.

44-1301. RESTRICTIONS ON EMPLOYMENT OF CHILDREN UNDER FOURTEEN. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1302 - CHILDREN UNDER SIXTEEN — EDUCATIONAL REQUIREMENTS.

44-1302. CHILDREN UNDER SIXTEEN — EDUCATIONAL REQUIREMENTS. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1303 - EMPLOYERS TO KEEP RECORD OF MINOR EMPLOYEES.

44-1303. EMPLOYERS TO KEEP RECORD OF MINOR EMPLOYEES. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1304 - WORKING HOURS FOR CHILDREN UNDER SIXTEEN.

44-1304. WORKING HOURS FOR CHILDREN UNDER SIXTEEN. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1305 - PENALTY FOR VIOLATIONS OF CHAPTER.

44-1305. PENALTY FOR VIOLATIONS OF CHAPTER. 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[, Idaho Code,] 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1306 - PROHIBITION AGAINST THEATRICAL EMPLOYMENT OF CHILDREN — PENALTY — EXCEPTION.

44-1306. PROHIBITION AGAINST THEATRICAL EMPLOYMENT OF CHILDREN — PENALTY — EXCEPTION. 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 [of sixteen (16) years] 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1307 - EMPLOYMENT OF MINORS IN IMMORAL SURROUNDINGS.

44-1307. EMPLOYMENT OF MINORS IN IMMORAL SURROUNDINGS. 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.
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 13 - CHILD LABOR LAW › Section 44-1308 - PROBATION OFFICERS AND SCHOOL TRUSTEES TO BRING COMPLAINT.

44-1308. PROBATION OFFICERS AND SCHOOL TRUSTEES TO BRING COMPLAINT. 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[, Idaho Code,] 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 [district court].
History:
[(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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 14 - EMPLOYERS’ LIABILITY ACT › Section 44-1402 - EMPLOYEE’S KNOWLEDGE OF DEFECT OR NEGLIGENCE — WHEN EMPLOYER EXCUSED THEREBY.

44-1402. EMPLOYEE’S KNOWLEDGE OF DEFECT OR NEGLIGENCE — WHEN EMPLOYER EXCUSED THEREBY. The master or employer shall not be liable under any of the provisions of section 44-1401 if the servant or employee knew of the defect or negligence causing the injury, or by the exercise of 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.
History:
[(44-1402) 1909, p. 34, 2d par. of sec. 1; I.C.A., sec. 43-2002.]
2023 Idaho Code › Title 44 - LABOR › Chapter 14 - EMPLOYERS’ LIABILITY ACT › Section 44-1403 - EMPLOYEE’S KNOWLEDGE OF INCOMPETENCY OF COEMPLOYEE — WHEN EMPLOYER EXCUSED THEREBY.

44-1403. EMPLOYEE’S KNOWLEDGE OF INCOMPETENCY OF COEMPLOYEE — WHEN EMPLOYER EXCUSED THEREBY. The master or employer shall not be liable under any of the provisions of section 44-1401 where the injury to the employee was caused by the incompetency of a coemployee, and such 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.
History:
[(44-1403) 1909, p. 34, 3d par. of sec. 1; I.C.A., sec. 43-2003.]
2023 Idaho Code › Title 44 - LABOR › Chapter 14 - EMPLOYERS’ LIABILITY ACT › Section 44-1404 - INJURY OR DEATH OF MINOR — WHO MAY MAINTAIN ACTION.

44-1404. INJURY OR DEATH OF MINOR — WHO MAY MAINTAIN ACTION. In the case of injury to an employee who is a minor, then the father, or in case of his death or the desertion of his family, the mother may maintain an action for injuries received for which the master is liable under 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.
History:
[(44-1404) 1909, p. 34, sec. 2; I.C.A., sec. 43-2004.]
2023 Idaho Code › Title 44 - LABOR › Chapter 14 - EMPLOYERS’ LIABILITY ACT › Section 44-1405 - DEATH OF ADULT EMPLOYEE — WHO MAY MAINTAIN ACTION.

44-1405. DEATH OF ADULT EMPLOYEE — WHO MAY MAINTAIN ACTION. In case the employee be not a minor and the injuries result in his death, then an action may be maintained by the widow of the deceased, or if he leaves no widow, his next of kin who at the time of his death were 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.
History:
[(44-1405) 1909, p. 34, sec. 3; I.C.A., sec. 43-2005.]
2023 Idaho Code › Title 44 - LABOR › Chapter 14 - EMPLOYERS’ LIABILITY ACT › Section 44-1406 - DAMAGES IN CASE OF DEATH — MAXIMUM AMOUNT — EXEMPTION FROM DEBTS OF DECEASED.

44-1406. DAMAGES IN CASE OF DEATH — MAXIMUM AMOUNT — EXEMPTION FROM DEBTS OF DECEASED. The amount of damages to be recovered in case of death shall not exceed the sum of five thousand dollars ($5000.00). The damages recovered on account of death shall not be subject to the debts of the deceased.
History:
[(44-1406) 1909, p. 34, sec. 4; I.C.A., sec. 43-2006.]
2023 Idaho Code › Title 44 - LABOR › Chapter 14 - EMPLOYERS’ LIABILITY ACT › Section 44-1407 - NOTICE PREREQUISITE TO MAINTENANCE OF ACTION.

44-1407. NOTICE PREREQUISITE TO MAINTENANCE OF ACTION. No action for the recovery of compensation for injuries or death under this chapter shall be maintained unless notice of the time, place and cause of the injury is given to the employer within one hundred and fifty (150) days, 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.
History:
[(44-1407) 1909, p. 34, sec. 5; I.C.A., sec. 43-2007.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1502 - MINIMUM WAGES.

44-1502. MINIMUM WAGES. (1) Except as hereinafter otherwise provided, no employer shall pay to any of his employees any wages computed at a rate of less than seven dollars and twenty-five cents ($7.25) per hour for employment. The amount of the minimum wage shall conform to, and 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1503 - DEFINITIONS.

44-1503. DEFINITIONS. "Agriculture" includes farming in all its branches and, among other things, includes the cultivation and tillage of the soil; dairying; the production, cultivation, growing and harvesting of any agricultural, aquacultural or horticultural commodities; the 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1504 - EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT.

44-1504. EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT. The provisions of this act shall not apply to:
(1) Any employee employed in a bona fide executive, administrative or professional capacity; or
(2) Anyone engaged in domestic service; or
(3) Any individual employed as an outside 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1505 - EMPLOYMENT OF WORKERS WITH DISABILITIES FOR SUBMINIMUM WAGES.

44-1505. EMPLOYMENT OF WORKERS WITH DISABILITIES FOR SUBMINIMUM WAGES. The payment of the minimum wage under this act shall not apply to a worker with disabilities, if the employer is issued a special certificate, as provided now or hereafter under the federal fair labor standards act.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1506 - APPRENTICE.

44-1506. APPRENTICE. For any employment in which the minimum wage is applicable, the director of the department of labor may issue to an apprentice or learner a special license authorizing the employment of such apprentice or learner for the time and under the conditions which he 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1507 - POSTING OF SUMMARY OF THE ACT.

44-1507. POSTING OF SUMMARY OF THE ACT. Every employer subject to this act shall keep a summary of this act, furnished by the director of the department of labor, without charge, posted in a conspicuous place, in or about the premises wherein any person subject to the act is employed, or in a place accessible to his employees.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1508 - ENFORCEMENT.

44-1508. ENFORCEMENT. (1) When the director of the department of labor has reason to believe that an employer is engaged in an act or practice which violates or will violate a provision of chapter 15, title 44, Idaho Code, he may bring an action in a court of competent 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.
History:
[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.]
2023 Idaho Code › Title 44 - LABOR › Chapter 15 - MINIMUM WAGE LAW › Section 44-1509 - DISCHARGING OR DISCRIMINATING AGAINST EMPLOYEE’S ASSERTING RIGHTS UNDER MINIMUM WAGE LAW PROHIBITED.

44-1509. DISCHARGING OR DISCRIMINATING AGAINST EMPLOYEE’S ASSERTING RIGHTS UNDER MINIMUM WAGE LAW PROHIBITED. No employer shall discharge or in any other manner discriminate against any employee:
(1) Because the employee has made complaint that he has not been paid wages in 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.
History:
[44-1509, added 1976, ch. 38, sec. 5, p. 81]