Idaho Code
Idaho Code

Idaho Code § 45-607 (2026)

Penalty for failure to pay. 

✓ current as of May 2026
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Penalty for failure to pay. 

Whenever an employer fails to pay all wages then due an employee at the times due under section 45-606, Idaho Code, then the employee’s wages shall continue at the same rate as if services had been rendered in the manner as last employed until paid in full or for fifteen (15) days, whichever is less. However, in no event can the maximum penalty exceed seven hundred fifty dollars ($750), and if the full amount of the wages are paid prior to the filing of a lien pursuant to section 45-620, Idaho Code, the maximum penalty shall not exceed five hundred dollars ($500).

Any employee who secretes or absents himself to avoid payment, or refuses to receive payment when made available as provided for in section 45-606, Idaho Code, shall not be entitled to any penalty under this chapter.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2000–2024 · leading case: Paolini v. Albertson's Inc., 149 P.3d 822 (Idaho 2006).
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Paolini v. Albertson's Inc., 149 P.3d 822 (Idaho 2006). · cites it 4× “Other provisions of the wage law provide certain preferences for unpaid wages, lien claims, and state enforcement.”
Maroun v. Wyreless Sys., Inc., 114 P.3d 974 (Idaho 2005). · cites it 2× “t in an action to collect unpaid wages: Any judgment rendered by a court of competent jurisdiction for the plaintiff in a suit filed pursuant to this section may include all costs and attorney’s fees reasonably incurred in connection with the proceedings and the plaintiff shall…”
Roberts v. Wyman, 23 P.3d 152 (Idaho Ct. App. 2000). · cites it 12× “The magistrate assessed attorney fees against Wyman under I.C. §§ 45-607 and 45-617 for the wage claim and under I.”
Polk v. Larrabee, 17 P.3d 247 (Idaho 2000). · cites it 2× “§ 45-615, which states: "(2) Any judgment rendered by a court of competent jurisdiction for the plaintiff in a suit filed pursuant to this section may include all costs and attorney’s fees reasonably incurred in connection with the proceedings and the plaintiff shall be entitled…”
Hawes v. W. Pac. Timber LLC, 477 P.3d 950 (Idaho 2020). · cites it 4× “The district court considered the affidavits and attachments presented by Hawes and his counsel, and then spent four pages analyzing the I.R.C.P. 54(e)(3) factors and explaining its decision.”
Litster v. Litster Frost (Idaho 2024). · cites it 2× “(2) Any judgment rendered by a court of competent jurisdiction for the plaintiff in a suit filed pursuant to this section may include all costs and attorney’s fees reasonably incurred in connection with the proceedings and the plaintiff shall be entitled to recover from the…”
Pirente v. GAB Robins North Am., Inc., 37 F. App'x 247 (9th Cir. 2002). “Idaho Code § 45-607 . . Moreover, although Pirente was still technically an employee of LDS when the tender was made, neither party disputes that Pirente has since been terminated.”
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