Disclaimer: These materials do not constitute legal advice and should not be substituted for the advice of legal counsel.

Guide last updated August 2025.

At-Will Employment

Idaho is an at-will employment state. In Idaho, this means that unless an employee is hired under a contract that includes a specific duration of employment and/or limits the reasons why the employee may be discharged, the employer may discharge the employee for any reason or no reason as long as it is not an unlawful reason. Venable v. Internet Auto Rent & Sales, Inc., 329 P.3d 356, 360 (Idaho 2014). Idaho has a narrow exception to at-will employment where the employer's motivation for the termination contravenes public policy. Id. The Idaho Supreme Court has said that "[t]he public policy exception has been held to protect employees who refuse to commit unlawful acts, who perform important public obligations[,] or who exercise certain legal rights or privileges." Sorensen v. Comm Tek, Inc., 118 Idaho 664, 668 (1990). The claimed public policy exception must be generally rooted in "case law or statutory language." Edmondson v. Shearer Lumber Prod., 75 P.3d 733, 738 (Idaho 2004). The public policy exception has been applied in instances such as protecting participation in union activities (Watson v. Idaho Falls Consol. Hosps., Inc., 111 Idaho 44), reports of electrical building code violations (Ray v. Nampa Sch. Dist. No. 131, 120 Idaho 117), compliance with a court-issued subpoena (Hummer v. Evans, 129 Idaho 274), and serving on a jury (Sorensen v. Comm Tek, Inc., 118 Idaho 664). However, the public policy exception does not extend to terminations based on the free speech of an employee who is employed by a private-sector employer. Edmondson v. Shearer Lumber Products, 139 Idaho 172 (2003). Employers in Idaho must also abide by Idaho Code Title 67 Chapter 59, which mirrors Title VII of the Civil Rights Act of 1964.

Non-Compete Agreements

Idaho law regulates the use of non-compete agreements in employment contracts. Idaho Code § 44-2701 provides that, to be enforceable, a non-compete agreement must:

• Protect the employer's legitimate business interests;
• Only prohibit the employee or independent contractor, after termination, from engaging in employment or a line of business that directly competes with the employer's business;
• Be reasonable in:
  • duration;
  • geographical area; and
  • the type of employment or line of business restricted;
• Not impose a greater restraint than is reasonably necessary to protect the employer's legitimate business interests; and
• Only restrict "key employees" or "key independent contractors," as defined under Idaho Code § 44-2702(1).

There is a rebuttable presumption that an employee or independent contractor who is among the highest-paid five percent of the employer's employees or independent contractors is a "key employee" or a "key independent contractor." If the "key employee" or "key independent contractor" is not among the highest compensated workers, it is the employer's burden to establish the existence of a "key employee" or "key independent contractor" under Idaho Code § 44-2702(1).

Immigration Verification

Employers in Idaho should refer to federal employment eligibility verification rules, but Idaho does not require private employers to use the E-Verify system.

Retaliation

While Idaho does not have an anti-retaliation or whistleblower protection law that applies to private-sector employers, Idaho courts recognize common law claims for retaliatory discharge and termination in violation of public policy where the employer's motivation for the termination contravenes public policy. Bollinger v. Fall River Rural Elec. Coop., Inc., 152 Idaho 632 (2012). What constitutes sufficient public policy to protect an at-will employee from termination for whistleblowing is considered a question of law. Quiring v. Quiring, 130 Idaho 560 (1997).

Drug Testing

Idaho regulates drug and alcohol testing by employers. Idaho Code § 72-1702 grants private employers the right to "test employees or prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment[,] provided the testing requirements and procedures are in compliance with 42 U.S.C. § 12101." The employer must pay for the testing, and the employee must be compensated as if the time spent testing were normal work time. Idaho Code § 72-1703. Idaho also requires employers to have a written policy on drug and/or alcohol testing which must include:

• The consequences of violating the written substance abuse policy (including a statement that violation of the policy may result in termination due to misconduct);
• The types of tests that will be conducted; and
• An explanation of the testing procedures to be used.

Idaho Code § 72-1705.

Under Idaho law, the types of alcohol and/or drug testing that applicants and employees may be subject to include, but are not limited to: baseline, pre-employment, post-accident, random, return to duty, follow-up, or reasonable suspicion. Id.

Employers must provide any applicant or employee who tests positive for drugs or alcohol with a written notice of that test result, including the type of substance involved. Idaho Code § 72-1706. An individual whose test comes back positive must be given the opportunity to explain the result and has the right to have the same sample retested. Idaho Code § 72-1706.

When a workplace accident occurs and the employee's blood alcohol content evidences intoxication, that alone does not necessarily mean intoxication was the substantial cause of the accident. Giles v. Eagle Farms, Inc., 339 P.3d 535, 540 (Idaho 2014). Idaho Code § 72-208 does not contain a presumptive standard.

Note: Idaho is one of only a few states without some sort of policy allowing residents to possess products with even low amounts of THC. In Idaho, any amount of THC is illegal, and marijuana is illegal in all forms. This applies to both natural and synthetic forms of THC, as well as any material, compound, derivatives, or isomers with a similar compound to Marijuana. Idaho Code § 37-2705.

Paid Leave

Idaho does not require private employers to compensate employees during time off for vacation, holiday, bereavement, or sick leave. However, employers are required to pay for leave that is included as either an express or implied provision of the employee's contract. Ferguson v. City of Orofino, 131 Idaho 190 (1998).

Emergency Response Leave

Idaho does not have an emergency response leave law that applies generally to private employers.

Crime Victim and Witness Leave

Idaho does not have any laws applying to private employers that address crime victim leave or leave for employees to provide testimony or appear in court.

National Guard Leave

Any member of the Idaho National Guard who is ordered to duty by the Governor, or any Idaho employee who is a member of the National Guard of another state and who is called into active service by the Governor of that state, and who at the time of such order to duty is employed by any employer other than the United States government, is entitled to reemployment. Idaho Code Ann. § 46-407. Additionally, Idaho employees are eligible to take up to 15 days of leave (with or without pay) each year to attend training for either the National Guard or the reserve components of the U.S. Armed Forces. Idaho Code Ann. § 46-224.

Jury Duty Leave

Idaho employers must allow employees to take unpaid leave to respond to a jury summons, serve as a juror, or attend court for potential jury service. Idaho Code § 2-218(1). Idaho employers may not discharge, threaten, or coerce employees because they receive or respond to a jury summons, serve as jurors, or attend court for prospective jury service. Id.

An employer who is found to have engaged in such prohibited actions is guilty of criminal contempt and is subject to a fine of not more than $300. Idaho Code § 2-218(2). Further, if an employer discharges an employee because they receive or respond to a jury summons, serve as a juror, or attend court for prospective jury service, the employee may bring a civil action against the employer within 60 days of discharge and seek treble the amount of wages lost and an order requiring reinstatement. Idaho Code § 2-218(3). If the employee is successful in the lawsuit, the employee is also allowed recovery of a reasonable attorney's fee. Id.

Voting Leave

Idaho does not have a law that requires an employer to grant its employees leave, either paid or unpaid, to vote.

Parental Leave

Idaho does not have a law that requires an employer to grant its employees pregnancy or parental leave, whether paid or unpaid.

Smoking Laws

Smoking is not allowed in a public place or a publicly owned building. Idaho Code § 39-5503. Additionally, no employer or other person in charge of a public place or publicly-owned building or office may knowingly or intentionally permit the smoking of tobacco products. Idaho Code § 39-5506. However, a small business employing five or fewer employees may designate an employee breakroom for smoking. Idaho Code § 39-5503. This designated breakroom must not be accessible to minors, must be separated from other parts of the building, must not be the sole means of entrance or exit, and must not be in an area that an employee is required to enter for work responsibilities (excluding custodial or maintenance work performed in the breakroom when it is unoccupied). Id. Additionally, a "Warning: Smoking Permitted" sign must be prominently posted in the designated breakroom with letters of at least one inch in height. Id.

There are no laws to prevent employers from having a nicotine-free hiring policy. In fact, the Central District Health Department voted in 2011 to stop hiring smokers. The Adad County Sheriff's Office has had a similar policy since 2002. Private employer Blue Cross of Idaho has also instituted a nicotine-free hiring policy. There is nothing in Idaho law to protect employees' rights to engage in legal activities when they are off duty. As of today, nicotine-free hiring policies are still allowed.

Break Time to Express Milk

Idaho has no specific laws that protect or support breastfeeding mothers in the workplace.

Meal Breaks

Idaho law does not require an employer to provide breaks or meal periods.

Minimum Wage

Idaho's required minimum wage is the same as the federal minimum wage rate. Idaho Code § 44-1502. Idaho's minimum wage is currently $7.25 per hour. Id. For tipped workers, the minimum cash wage is $3.35 per hour. Id. If the tips actually received by the employee, combined with the cash wages paid by the employer, do not at least equal the minimum wage, the employer must make up the difference. Id. Idaho law also allows for a lower minimum wage of $4.25 per hour for individuals under the age of 20 during their first 90 consecutive calendar days of employment. Id. Employers are prohibited from displacing current employees (e.g., termination or reducing hours, wages, or employment benefits) to hire individuals at the lower rate. Id.

Pay Periods

An Illinois employer must pay all wages due to employees at least once during each calendar month on regular paydays designated in advance by the employer. Idaho Code § 45-608. The end of a pay period for which payment is made on a regular payday must not be more than 15 days before such regular payday, provided that if the regular payday falls on a non-workday, payment shall be made on a preceding workday. Id.

Final Payments

Employees must be paid all wages due on the next regularly scheduled payday or within ten days (excluding weekends and holidays) of their separation from employment, whichever is earlier. Idaho Code § 45-606. However, if the employee makes a written request for earlier payment of final wages, all wages due to the employee must be paid within 48 hours of receipt of such request, excluding weekends and holidays. Id.

An employer is only required to pay accrued vacation to an employee upon separation from employment if their policy or contract requires it. Ferguson v. City of Orofino, 953 P.2d 630 (1998); Jackson v. Minidoka Irrigation Dist., 563 P.2d 54 (1977). Idaho law does not require vacation or sick pay, so an employer may determine its policy regarding vacation or sick pay and whether it is payable upon separation.

Unemployment Insurance

Idaho has an unemployment insurance system administered by the Idaho Department of Labor that requires most Idaho employers to contribute to the state unemployment insurance fund. Idaho Code § 72-1315.

Employers are required to remit unemployment insurance taxes and submit certain related reports quarterly. Idaho Code § 72-1311. Unemployed workers must meet certain criteria to qualify for unemployment insurance benefits.

Workers' Compensation

Idaho has a workers' compensation program that is administered by the Industrial Commission and contained in Idaho Code § 72-102, et seq. The workers' compensation laws apply to all public and private entities employing one or more employees. Idaho Code § 72-204 and § 205. There are limited exclusions found in Idaho Code § 72-213.

Under common law, Idaho has a public policy exception to its at-will employment doctrine. Because the right to collect workers' compensation benefits has been endorsed by Idaho law, an employer who retaliates against an employee for invoking that right may be found in violation of public policy. Berrett v. Clark County School District No. 161, 454 P.3d 555, 569 (Idaho 2019) (citing Sorenson v. Comm Tek, Inc., 799 P.2d 70, 74 (1990)).

An injury for purposes of workers' compensation is "caused by an accident arising out of and in the course of any employment covered by the workers' compensation law." Idaho Code § 72-102. Injuries suffered because of the employee's willful intention to injure themself or another are not covered. Idaho Code § 72-208. Additionally, if intoxication is the reasonable and substantial cause of an injury, there is no coverage unless the employer permitted the employee to remain at work, knowing the employee was intoxicated. Id.

Whistleblower Protections

The Idaho Protection of Public Employees Act safeguards public employees from retaliation in a whistleblower case. Idaho Code § 6-2102. Idaho does not have any laws that provide protection to whistleblowers in the private sector. Whistleblowers in the private sector are protected from retaliation by federal law only.

Firearm/Weapon Laws

Idaho employers have immunity from civil damages if a lawsuit arises out of the employer's policy to specifically allow or not prohibit employees from storing firearms in their personal vehicles on the employer's premises. Idaho Code § 5-341. Idaho has no law prohibiting an employer from restricting or banning employees from bringing weapons onto the workplace premises. Policies can include bans on firearms, allowing firearms, requiring reporting to the supervisor if the employee possesses a concealed carry permit and intends to carry, or any other requirement or prohibition the employer sees fit to institute.

Additional Laws and Regulations

Child Labor Laws

Individuals under the age of 14 cannot be employed in certain industries and/or types of work. Idaho Code § 44-1301. Individuals under the age of 14 may not be employed during the regular school hours of the public school district in which the child resides, before 6:00 a.m., or after 9:00 p.m. Id. Violations of the Child Labor Laws found in Idaho Code §§ 44-1301 and 1302 may be fined $50.

WARN Laws

Idaho does not have a statute mandating advance notice for plant closings or mass layoffs. Employers in Idaho must follow the federal Worker Adjustment and Retraining Notification Act (WARN) in such circumstances.

Recordkeeping

Idaho's Claims for Wages Act requires that employment records be maintained for a minimum of three years from the last day of an employee's service. Idaho Code § 45-610. According to guidance issued by the Idaho Department of Labor, these records should include:

• Personal information, including the employee's name, home address, occupation, sex, and date of birth if under 19 years of age;
• Hour and day when workweek begins;
• Total hours worked each workday and each workweek;
• Total daily or weekly straight time earnings;
• Regular hourly pay rate;
• Total overtime pay for each workweek;
• Deductions from wages;
• Total wages paid each pay period; and
• Date of payment of wages and pay period covered.