Idaho Law Blog
Both Idaho law and applicable Federal Law require that an employer pay an employee for all hours worked. Sometimes it is clear what is considered on duty time. However, sometimes it is not. In Idaho, hours worked does not include:
- time to be spent by an employee travelling to and from the workplace, in productive work preparation, changing clothes prior to and after a work shift, taking showers, attaining and returning work tools and equipment, when a business, industry, plant, mine, factory or workplace has a custom or practice of treating such time as non-compensable time;
- time spent traveling to or from the workplace,
- preparation for productive work,
- time used after a regular shift to prepare for leaving work,
- time used to check in prior to shift start,
- time used for leaving and returning from lunch,
- time used in a changing room or changing clothing and taking showers,
- time used collecting or securing work tools and equipment,
- time used receiving instructions prior to shift start,
- time spent on the employer’s premises following the end of a shift,
- time used to return work tools and equipment, receiving or handing out orders, and creating reports after shift end,
- time used while waiting in line to receive wage pay or salaries,
- time used during incidental activities prior to or after work, which can include activities that are excluded from compensable work time by industry practice, custom or agreement.
See I.C. § 44-1202.
Additionally, employers and employees may enter into written contracts that define hours worked to include periods of time not covered by Idaho law. I.C. § 44-1203. Other areas that are covered by either Idaho or federal law include the following:
ON-CALL TIME
Idaho’s minimum wage law does not address when employers must count on-call time as hours worked for purposes of minimum wage and overtime requirements. Because most employees working in Idaho are subject to the federal Fair Labor Standards Act, the rules and regulations regarding on-call time set forth in that law provide reasonable guidance.
WAITING TIME
Idaho’s minimum wage law does not address when employers must count waiting time as hours worked for purposes of minimum wage and overtime requirements. Because most employees working in Idaho are subject to the federal Fair Labor Standards Act, the rules and regulations regarding waiting time set forth in that law provide reasonable guidance.
SLEEPING TIME
Idaho’s minimum wage law does not address when employers must count sleeping time as hours worked for purposes of minimum wage and overtime requirements. Because most employees working in Idaho are subject to the federal Fair Labor Standards Act, the rules and regulations regarding sleeping time set forth in that law provide reasonable guidance
TRAVEL TIME
In Idaho, an employer does not need to pay employees for time spent traveling to or from the workplace. ID Statute 44-1202(2). Idaho does not have any other rules addressing travel time. 44-1202(2) . Because most employees working in Idaho are subject to the federal Fair Labor Standards Act, the rules and regulations regarding travel time set forth in that law provide reasonable guidance.
MEETING, LECTURE AND TRAINING TIME
Idaho’s minimum wage law does not address when an employer must pay employees for time spent in meetings, lectures, or training. Because most employees working in Idaho are subject to the federal Fair Labor Standards Act, the rules and regulations regarding meeting time set forth in that law provide reasonable guidance.
SHOW UP OR REPORTING TIME
Idaho law does not require employers to pay employees for reporting or showing up to work if no work is performed. An employer is also not required to pay an employee a minimum number of hours if the employer dismisses the employee from work prior to completing their scheduled shift. Employers are only required to pay employees for hours actually worked.
If you are an employee or an employer, and you have questions about whether time is being kept properly, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Employment Law attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Employment Law questions and will help you solve your Idaho Employment Law problems.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.