Idaho Code

Idaho Code § 45-609 (2026)

Withholding of wages. 

✓ current as of May 2026
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Withholding of wages. 

(1) No employer may withhold or divert any portion of an employee’s wages unless:

(a)  The employer is required or empowered to do so by state or federal law; or
(b)  The employer has a written authorization from the employee for deductions for a lawful purpose.
(2)  An employer shall furnish each employee with a statement of deductions made from the employee’s wages for each pay period such deductions are made. The willful failure of any employer to comply with the provisions of this subsection shall constitute a misdemeanor.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1974–2025 · leading case: Lawless v. Davis, 560 P.2d 497 (Idaho 1977).
Lawless v. Davis, 560 P.2d 497 (Idaho 1977). · cites it 16× “The compiler's note to I.C. § 45-609 states that I.C. §§ 45-609 — 45-615 were intended to amend Idaho's Claims for Wages Statute.”
Loftus v. Snake River Sch. Dist., 942 P.2d 550 (Idaho 1997). · cites it 20× “§ 33-513 does not necessarily constitute the withholding of wages under I.C. § 45-609. I.C. § 45-609 reads in pertinent part as follows: *554 No employer may withhold or divert any portion of an employee's wages unless: 1.”
Latham v. Haney Seed Co., 807 P.2d 630 (Idaho 1991). · cites it 16× “The “act” referred to in I.C. § 45-609 was the act contained in chapter 436 of the 1967 session laws.”
Neal v. Idaho Forest Indus., Inc., 691 P.2d 1296 (Idaho Ct. App. 1984). · cites it 6× “*683 The trial court concluded that Neal was only entitled to his salary up to August 31, 1981 (which was paid by I.”
Bilow v. Preco, Inc., 966 P.2d 23 (Idaho 1998). · cites it 2× “The Court held that at the time the employee filed the action, the *30 definition of wages under I.C. § 45-609(3) (now I.C. § 45-601(4)) “did not apply to I.”
Whitlock v. Haney Seed Co., 759 P.2d 919 (Idaho Ct. App. 1988). · cites it 2× “6 Idaho Code § 45-609 (3) defines “wages” as “compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece or commission basis.”
Shay v. Cesler, 977 P.2d 199 (Idaho 1999). · cites it 2× “2d 550, 552 (1997) (where teacher suspended without pay for two days sued for wages under the general wage claim statute I.C. § 45-609(1), specific language in I.”
Goff v. H.J.H. Co., 521 P.2d 661 (Idaho 1974). · cites it 2× “Idaho Code § 45-609 (3) defines wages to include commissions.”
Gano v. Air Idaho, Inc., 587 P.2d 1255 (Idaho 1978). · cites it 2× “§ 45-615(4), were intended to be alternative rather than cumulative.”
De Witt v. Medley, 791 P.2d 1323 (Idaho Ct. App. 1990). · cites it 2× “According to I.C. § 45-609(3) (currently I.C. § 45-601(4)), "wages” include compensation for labor or services rendered by the employee on a “piece or commission basis.”
Smith v. Idaho Peterbilt, Inc., 683 P.2d 882 (Idaho Ct. App. 1984). · cites it 2× “See I.C. § 45-609(3) and Goff v. H.J.H. Co., 95 Idaho 837 , 521 P.”
Latham v. Haney Seed Co., 807 P.2d 645 (Idaho Ct. App. 1990). · cites it 8× “Idaho Code § 45-609 (3) defines “wages” as “compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece or commission basis.”
— Idaho Code § 45-609(1) — 2 cases
Loftus v. Snake River Sch. Dist., 942 P.2d 550 (Idaho 1997). “§ 33-513 does not necessarily constitute the withholding of wages under I.C. § 45-609. I.C. § 45-609 reads in pertinent part as follows: *554 No employer may withhold or divert any portion of an employee's wages unless: 1.”
Shay v. Cesler, 977 P.2d 199 (Idaho 1999). “2d 550, 552 (1997) (where teacher suspended without pay for two days sued for wages under the general wage claim statute I.C. § 45-609(1), specific language in I.”
— Idaho Code § 45-609(3) — 5 cases
Latham v. Haney Seed Co., 807 P.2d 630 (Idaho 1991). “The “act” referred to in I.C. § 45-609 was the act contained in chapter 436 of the 1967 session laws.”
Bilow v. Preco, Inc., 966 P.2d 23 (Idaho 1998). “The Court held that at the time the employee filed the action, the *30 definition of wages under I.C. § 45-609(3) (now I.C. § 45-601(4)) “did not apply to I.”
De Witt v. Medley, 791 P.2d 1323 (Idaho Ct. App. 1990). “According to I.C. § 45-609(3) (currently I.C. § 45-601(4)), "wages” include compensation for labor or services rendered by the employee on a “piece or commission basis.”
Smith v. Idaho Peterbilt, Inc., 683 P.2d 882 (Idaho Ct. App. 1984). “See I.C. § 45-609(3) and Goff v. H.J.H. Co., 95 Idaho 837 , 521 P.”
Latham v. Haney Seed Co., 807 P.2d 645 (Idaho Ct. App. 1990). “Idaho Code § 45-609 (3) defines “wages” as “compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece or commission basis.”
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