Idaho Code, Title 44-48, 2012 Supplement

2012·9 MB·English

by  State of Idaho

2012
CUMULATIVE
POCKET SUPPLEMENT
IDAHO CODE
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TITLES 44-48
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Digitized by the Internet Archive
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ADJOURNMENT DATES OF SESSIONS OF
LEGISLATURE
Year Adjournment Date
2004 March 20, 2004
2005 April 6, 2005
2006 April 11, 2006
2006 (E.S.) ".... August 25, 2006
2007 March 30, 2007
2008 April 2, 2008
2009 May 8, 2009
2010 March 29, 2010
2011 April 7, 2011
2012 March 29, 2012
vn

TITLE 44
LABOR
chapter. chapter.
13. Child Labor Law, § 44-1301. 22. Manufactured Home Installation Stan-
15. Minimum Wage Law, § 44-1502. dard, §§ 44-2201, 44-2202.
20. Rightt—oWork, §§ 44-2007, 44-2008, 44- 27. AgreementsandCovenantsProtectingLe-
2012 14-2014. gitimate Business Interests, §§ 44-2701
21. Manufactured Home Deal—erand Installer 44-2704
Licens—ing, §§ 44-2101 44-2102, 44-
2103 44-2108.
CHAPTER
7
INJUNCTIVE RELIEF IN LABOR DISPUTES
—
44-701. Declaration ofpolicy Collective bargaining.
Collateral References. Right of public
defenders to join collective bargaining unit.
108A.L.R.5th 241.
— — —
44-706. Injunctions Grounds Hearing required Bond.
CollateralReferences.Increase,orprom- wages as unfair labor practice under state
ise ofincrease or withholding ofincrease, of laborrelations acts. 34A.L.R.6th 327.
CHAPTER
13
CHILD LABOR LAW
SECTION.
44-1301. Restrictions on employment ofchil-
dren underfourteen.
44-1301. Restrictionsonemploymentofchildrenunderfourteen.
—
No child underfourteen (14) years ofage 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, apartmenthouse, orinthe distributionortransmission 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 servicewhatever duringthehours inwhichthe public schools of
the districtinwhich the childresides are in session, orbefore thehourofsix
o'clock in the morning, or after the hour of nine o'clock in the evening:
provided, that any child over the age oftwelve (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 ofthe district for a maximum often (10) hours per week
44-1502 LABOR 2
provided such employment is voluntary and with the consent of the
student's legal guardian.
History. Compiler's Notes. The 2011 amendment,
1907, p. 248, § 1; am. R.C., § 1466; am. by ch. 199, added the last sentence.
1911, ch. 159, § 166, p. 483; am. C.L. 38:280;
C.S., § 1024; I.C.A., § 43-801; am. 2011, ch.
199, § 1, p. 581.
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 ofless than four dollars and seventy-five cents ($4.75)
commencing April 1, 1997, and five dollars and fifteen cents ($5.15)
commencing September 1, 1997, 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 ofdirect
wages paid by an employer to the employee shall be deemed to be increased
on account oftips actually received by the employee; provided however, the
directwages paidto the employeebythe employershall notbe 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 employerwith respect to the amount oftips actuallyreceivedbythe
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 ofthis 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 initiallyemployed. No employermaytake any actionto 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.
History. § 1,p.916;am. 1998,ch. 107,§ 1,p.366;am.
1955, ch. 154, § 2, p. 301; am. 1963, ch. 9, 2007, ch. 357, § 1, p. 1056.
§ 1,p.20;am. 1967,ch.411,§ 1,p. 1222;am. Compiler's Notes. The 2007 amendment,
1971, ch. 123, § 1, p. 422; am. 1976, ch. 38, bych. 357, addedthelastsentencein subsec-
§ 1, p. 80; am. 1990, ch. 132, § 1, p. 305; am. tion (1); and in subsection (2), in the first
1990, ch. 212, § 1, p. 479; am. 1997, ch. 309, sentence, substituted "the amount of direct