Dealing With Unpaid Wages in Idaho
My employer hasn't paid me — here's what Idaho law says and what to do next.
Statute: Idaho Code § 45-606
Deadline: 10 days
Penalty: Employer may be liable for waiting time penalties of up to three times the amount of unpaid wages, plus costs and attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Idaho differs from federal law
Idaho's minimum wage matches the federal minimum with no state-level increase:
- $7.25/hr — the federal minimum wage, which Idaho has adopted without increase
- Idaho allows a tip credit — tipped employees can be paid as low as $3.35/hr if tips bring total to $7.25/hr
- There is a youth/training wage of $4.25/hr for the first 90 days for workers under 20
- No Idaho city or county has enacted a higher local minimum wage
- Idaho's legislature has preempted local governments from setting their own minimum wage
Additional steps in Idaho
File wage complaints with the Idaho Department of Labor at (208) 332-3579 or labor.idaho.gov.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Idaho, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Idaho.