Idaho Code

Idaho Code § 45-612 (2026)

Filing false claim — Penalty. 

✓ current as of May 2026
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Filing false claim — Penalty. 

(1) Any person making a false claim for wages or other compensation under this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punishable by confinement in the county jail for a period not to exceed six (6) months, or by a fine, not to exceed one thousand dollars ($1,000), or both.

(2)  Any employee initiating a civil proceeding to collect unpaid wages or other compensation, which is based in whole or in part on a false claim which the employee knew to be false at the time the employee brought the action, shall be liable for attorney’s fees and costs incurred by the employer in defending against the false claim. Proof of a criminal conviction under subsection (1) of this section shall not be required for recovery of the fees and costs provided for in this subsection.
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1999–2025 · leading case: Bakker v. Thunder Spring-Wareham, LLC, 108 P.3d 332 (Idaho 2005).
Bakker v. Thunder Spring-Wareham, LLC, 108 P.3d 332 (Idaho 2005). · cites it 6× “Thunder Spring argues it should be awarded attorney fees pursuant to I.C. § 45-612, allowing fees where an employee makes a false claim for wages and knows of the falsity of the claim.”
Shay v. Cesler, 977 P.2d 199 (Idaho 1999). · cites it 8× “” This section applies to “any commercial transaction unless otherwise provided by law.” I.C. § 12-120(3). We must decide whether the operation of Title 45, Chapter 6 precludes the award of attorney fees under I.”
Polk v. Larrabee, 17 P.3d 247 (Idaho 2000). · cites it 2× “2d 199 (1999), the Court held that I.C. § 45-612(2) was the exclusive remedy for attorney fees available to an employer when an employee has brought a claim for wages.”
Zattiero v. Homedale Sch. Dist. No. 370, 51 P.3d 382 (Idaho 2002). · cites it 4× “2d 199, 201-02 (1999) (exclusive remedy for attorney fees available to an employer when an employee has brought a claim for wages is under I.C. § 45-612(2)); Bilow v. Preco, Inc., 132 Idaho 23, 33 , 966 P.”
Stiffler v. Hydroblend, Inc., 535 P.3d 606 (Idaho 2023). · cites it 2× “3d 247, 259 (2000). 21 Stiffler has raised multiple issues before this Court, but his underlying cause of action is a wage claim dispute brought under Idaho’s Wage Claim Act.”
Litster v. Litster Frost (Idaho 2024). · cites it 17× “The district court concluded that Litster Frost was not entitled to fees under Idaho Code section 45-612 because there was no evidence Employees’ claims were “knowingly false at the time the 8 Complaints were filed.”
Ward v. Bishop Constr. (Idaho 2025). · cites it 4× “Bishop answered by denying that Ward was an employee, and counterclaimed that Ward was an independent contractor and filed a false wage claim under Idaho Code section 45-612(2). Ward denied that he was an independent contractor.”
Nettleton v. Canyon Outdoor Media (Idaho 2017). · cites it 2× “The Court has previously explained that section 45-612(2) is the exclusive remedy for attorney’s fees for an employer where an employee has brought a claim for wages, while section 45-615 is the exclusive provision for an employee’s recovery.”
— Idaho Code § 45-612(2) — 7 cases
Shay v. Cesler, 977 P.2d 199 (Idaho 1999). “” This section applies to “any commercial transaction unless otherwise provided by law.” I.C. § 12-120(3). We must decide whether the operation of Title 45, Chapter 6 precludes the award of attorney fees under I.”
Polk v. Larrabee, 17 P.3d 247 (Idaho 2000). “2d 199 (1999), the Court held that I.C. § 45-612(2) was the exclusive remedy for attorney fees available to an employer when an employee has brought a claim for wages.”
Zattiero v. Homedale Sch. Dist. No. 370, 51 P.3d 382 (Idaho 2002). “2d 199, 201-02 (1999) (exclusive remedy for attorney fees available to an employer when an employee has brought a claim for wages is under I.C. § 45-612(2)); Bilow v. Preco, Inc., 132 Idaho 23, 33 , 966 P.”
Stiffler v. Hydroblend, Inc., 535 P.3d 606 (Idaho 2023). “3d 247, 259 (2000). 21 Stiffler has raised multiple issues before this Court, but his underlying cause of action is a wage claim dispute brought under Idaho’s Wage Claim Act.”
Litster v. Litster Frost (Idaho 2024). “The district court concluded that Litster Frost was not entitled to fees under Idaho Code section 45-612 because there was no evidence Employees’ claims were “knowingly false at the time the 8 Complaints were filed.”
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