Pay periods — Penalty.
(1) Employers shall pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are made for the cashing of such checks without charge to the employee. Nothing contained herein shall prohibit an employer from depositing wages due or to become due or an advance of wages to be earned in an account in a bank, savings and loan association or credit union of the employee’s choice, provided that the employee has voluntarily authorized such deposit. If the employee revokes such authorization for deposit, it shall be deemed terminated and the provisions herein relating to the payment of wages shall apply.
(2) The end of the pay period for which payment is made on a regular payday shall be not more than fifteen (15) days before such regular payday; provided that if the regular payday falls on a nonworkday payment shall be made on a preceding workday.
(3) The director may, upon application showing good and sufficient reasons, permit an employer to withhold payment of wages more than the fifteen (15) day period as specified in subsection (2) of this section.
(4) The director may, pursuant to his authority, levy a civil penalty upon any employer who has failed to obtain the exemption provided in subsection (3) of this section and who has been determined to have undertaken a consistent pattern of untimely payment of wages to his employees. Such penalty shall not exceed five hundred dollars ($500) for such employer per pay period.
Notes of Decisions
Paolini v. Albertson's Inc., 149 P.3d 822 (Idaho 2006).
· cites it 56× “It states: Employers shall pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are made for the cashing…”
Johnson v. Allied Stores Corp., 679 P.2d 640 (Idaho 1984).
· cites it 17× “ounts, no contractual relationship existed between the parties which supported a claim of entitlement for either the severance pay, as computed by the 1962 policy manual, or for the executive discount privilege; (2) as to Count I, any contract which did exist was modified by…”
Latham v. Haney Seed Co., 807 P.2d 630 (Idaho 1991).
· cites it 32× “The only issue presented is whether the two-year statute of limitations contained in *413 I.C. § 45-608 or the five-year statute of limitations contained in I.”
Bilow v. Preco, Inc., 966 P.2d 23 (Idaho 1998).
· cites it 9× “§ 45-608 provided: Any person shall have the right to collect salary, wages, overtime compensation, penalties and liquidated damages provided by any law or pursuant to a contract of employment, but any action thereon shall be commenced in a court of competent jurisdiction within…”
Savage v. Scandit, Inc., 417 P.3d 234 (Idaho 2018).
· cites it 4× “Employers are required to pay all wages due to their employees at least once every month.”
Gray v. Tri-Way Constr. Servs., Inc., 210 P.3d 63 (Idaho 2009).
· cites it 4× “Claims for wages are governed by Chapter 6 of Title 45 of the Idaho Code. Pursuant to Idaho’s Wage Claim Statute, employers are required to pay all wages due to their employees at least once during each calendar month or on regular paydays designated in advance by the employer.”
Lawless v. Davis, 560 P.2d 497 (Idaho 1977).
· cites it 4× “by adding a new section thereto, following section 45-608, to be known and designated as section 45-609.”
Bakker v. Thunder Spring-Wareham, LLC, 108 P.3d 332 (Idaho 2005).
· cites it 2× “Under I.C. § 45-608, an employer is required to adhere to a schedule paying its employees at least once a month.”
Gilbert v. Moore, 697 P.2d 1179 (Idaho 1985).
· cites it 4× “The controlling statute of limitations is I.C. § 45-608, which states in pertinent part: Any person shall have the right to collect salary, wages, overtime compensation, penalties and liquidated damages provided by any law or pursuant to a contract of employment, but any action…”
Schoonover v. Bonner Cnty., 750 P.2d 95 (Idaho 1988).
· cites it 4× “The County first alleges that Schoonover’s cause of action is precluded by I.C. § 45-608, which prescribes the statute of limitations for actions involving collection of wages.”
Smith v. Kount Inc., 497 P.3d 534 (Idaho 2021).
· cites it 2× “3d 234 , 238 4 (2018) (citations omitted); see also I.C. § 45-608(1). Beyond that, the parties to an employment contract are free to negotiate the terms of an employee’s compensation.”
Manning v. Micron Tech., Inc., 506 P.3d 244 (Idaho 2022).
· cites it 2× ““Under I.C. § 45-608, an employer is required to adhere to a schedule paying its employees at least once a month.”
— Idaho Code § 45-608(1) — 3 cases
Paolini v. Albertson's Inc., 149 P.3d 822 (Idaho 2006).
“It states: Employers shall pay all wages due to their employees at least once during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are made for the cashing…”
Savage v. Scandit, Inc., 417 P.3d 234 (Idaho 2018).
“Employers are required to pay all wages due to their employees at least once every month.”
Smith v. Kount Inc., 497 P.3d 534 (Idaho 2021).
“3d 234 , 238 4 (2018) (citations omitted); see also I.C. § 45-608(1). Beyond that, the parties to an employment contract are free to negotiate the terms of an employee’s compensation.”
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