Idaho Employment Law — full calculator

Frequently Asked Questions

• What are Idaho's final paycheck rules for fired employees?

  Under Idaho Code § 45-606, employers must pay final wages by the earlier of the next regular payday or within 10 business days of termination (weekends and holidays excluded). As of 2026, Idaho imposes a stricter deadline than the federal FLSA, which has no specific final-paycheck timeline.

• When must Idaho employers issue a final paycheck if an employee quits?

  Idaho Code § 45-606 does not distinguish between firings and resignations — both trigger the same deadline: the earlier of the next regular payday or 10 business days after the employee's last day worked. A written early-payment demand shortens this to 48 business hours.

• What penalty does an Idaho employer face for late final pay?

  Under Idaho Code § 45-607, wages continue to accrue at the employee's regular daily rate for up to 15 days, capped at $750 total (or $500 if paid before a lien is filed). Courts can also award triple the unpaid wages plus attorney fees under the Idaho Wage Claim Act.

• Are non-compete agreements enforceable in Idaho?

  Yes, but only for 'key employees' — defined by Idaho Code § 44-2701 as workers in the top 5% of the employer's workforce by pay. Agreements of 18 months or less within the employee's actual service area are presumed reasonable. Courts may blue-pencil (modify) overreaching terms rather than void the entire agreement.

• What is a 'key employee' under Idaho non-compete law?

  Idaho Code § 44-2701 creates a rebuttable presumption that an employee is a 'key employee' if they are among the highest-paid 5% of the employer's total workforce (including independent contractors). An employee can rebut this by demonstrating they have no ability to adversely affect the employer's legitimate business interests.

• How long can a non-compete last in Idaho?

  Agreements of 18 months or less are presumed reasonable under Idaho Code § 44-2701 and require only continued or prospective employment as consideration. For agreements exceeding 18 months, additional consideration beyond employment is required, and courts are more likely to blue-pencil the duration.

• Does Idaho have a higher minimum wage than the federal floor?

  No. As of 2026, Idaho's minimum wage is $7.25 per hour — equal to the federal FLSA floor. Idaho law requires the state rate to track the federal rate. Tipped employees may receive $3.35/hour in cash wages provided tips bring total compensation to at least $7.25/hour.

• Does Idaho require daily overtime pay?

  No. Idaho follows the FLSA federal standard: overtime at 1.5× the regular rate applies only for hours over 40 in a workweek. There is no state-specific daily overtime threshold. Idaho employers comply by applying the standard federal 40-hour weekly threshold.

• Are Idaho employers required to provide meal or rest breaks?

  No state mandate exists for meal or rest breaks for adult employees in Idaho. The state follows the FLSA, which is silent on break requirements. Voluntarily provided short rest breaks under 20 minutes must be paid; meal periods of 30+ minutes where the employee is fully relieved may be unpaid.