Idaho Code
Idaho Code

Idaho Code § 45-615 (2026)

Collection of wage claims by suit — Attorney’s fees and costs. 

✓ current as of May 2026
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Collection of wage claims by suit — Attorney’s fees and costs. 

(1) As an alternative to filing a wage claim with the department, any person may assert a wage claim arising under this chapter in any court of competent jurisdiction or pursue any other remedy provided by law.

(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 defendant either the unpaid wages plus the penalties provided for in section 45-607, Idaho Code; or damages in the amount of three (3) times the unpaid wages found due and owing, whichever is greater.
Notes of Decisions
Cited in 50 cases (10 in the last 5 years), 1974–2026 · leading case: Lawless v. Davis, 560 P.2d 497 (Idaho 1977).
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Lawless v. Davis, 560 P.2d 497 (Idaho 1977). · cites it 106× “" Idaho Code § 45-615 (4) reads: "Any judgment for the plaintiff in a proceeding pursuant to this act shall include all costs reasonably incurred in connection with the proceedings and the plaintiff, or the director in his behalf, shall be entitled to recover from the defendant…”
Moore v. Omnicare, Inc., 118 P.3d 141 (Idaho 2005). · cites it 24× “Moore filed a Petition for an Order Confirming and Modifying the arbitration award in district court, alleging that the arbitration panel had improperly failed to award treble damages, costs and attorney fees as mandated by Idaho Code §§ 45-615 (2), 12-120(3) and 12-121 on the…”
Bilow v. Preco, Inc., 966 P.2d 23 (Idaho 1998). · cites it 36× “2d 576 (1996), this Court noted that “Idaho Code § 45-615 requires an employee who seeks attorney fees in a suit for wages to make a demand ‘for a sum not to exceed the amount so found due.”
Maroun v. Wyreless Sys., Inc., 114 P.3d 974 (Idaho 2005). · cites it 16× “His complaint characterized the claim as a “wage claim” and sought treble damages under I.C. § 45-615(2). Maroun also claimed Wyreless’ corporate shell should be set aside and the shareholders of Wyreless should be jointly and severally liable for any damages Wyreless caused to…”
Oakes v. Boise Heart Clinic Physicians, PLLC, 272 P.3d 512 (Idaho 2012). · cites it 17× “BHC argues that, since the district court declined to treble the damages, the court implicitly ruled that Oakes did not prevail on his wage claim and thus was not entitled to attorney fees and costs under I.”
Rodwell v. Serendipity, Inc., 591 P.2d 141 (Idaho 1979). · cites it 34× “00 the employee may assign the claim to the commissioner of labor who will bring the suit in a representative capacity on behalf of the employee.”
Hales v. King, 762 P.2d 829 (Idaho Ct. App. 1988). · cites it 46× “In this proceeding, the appellant, King Trailer Manufacturing Company (King), challenges a magistrate’s partial summary judgment awarding the respondent, Max Hales (Hales), treble damages for unpaid wages pursuant to I.C. § 45-615(4). The magistrate’s award was upheld on appeal…”
Hutchison v. Anderson, 950 P.2d 1275 (Idaho Ct. App. 1997). · cites it 16× “§ 45-617(4) in which the Hutchisons sought treble damages and attorney fees pursuant to I.C. § 45-615. The district court awarded the Hutchisons treble damages pursuant to I.”
Lunneborg v. My Fun Life, Corp., 421 P.3d 187 (Idaho 2018). · cites it 2× “" I.C. § 45-615. The court also found Lunneborg was entitled to attorney fees pursuant to Idaho Code section 12-120(3).”
Jeffrey Edward Huber v. Lightforce USA, Inc., 367 P.3d 228 (Idaho 2016). · cites it 10× “In July 2013, Huber asked the district court to summarily rule that: (1) the CSO was a pension plan subject to ERISA and, therefore, his rights had vested and were not subject to forfeiture; and (2) the amount owed under the NDA was wages under the IWCA and, therefore, subject…”
Schoonover v. Bonner Cnty., 750 P.2d 95 (Idaho 1988). · cites it 18× “In that case, we discussed in detail the policy and legislative intent behind the enactment of I.C. § 45-615, quoting from Goff v. H.J.H.”
Hawes v. W. Pac. Timber LLC, 477 P.3d 950 (Idaho 2020). · cites it 22× “38, citing Idaho Code section 45-615 and an attorney fee agreement with his counsel providing for a contingent fee of 35% of the gross recovery.”
Show all 50 citing cases →
— Idaho Code § 45-615(1) — 2 cases
Lawless v. Davis, 560 P.2d 497 (Idaho 1977). “" Idaho Code § 45-615 (4) reads: "Any judgment for the plaintiff in a proceeding pursuant to this act shall include all costs reasonably incurred in connection with the proceedings and the plaintiff, or the director in his behalf, shall be entitled to recover from the defendant…”
Litster v. Litster Frost (Idaho 2024).
— Idaho Code § 45-615(2) — 8 cases
Maroun v. Wyreless Sys., Inc., 114 P.3d 974 (Idaho 2005). “His complaint characterized the claim as a “wage claim” and sought treble damages under I.C. § 45-615(2). Maroun also claimed Wyreless’ corporate shell should be set aside and the shareholders of Wyreless should be jointly and severally liable for any damages Wyreless caused to…”
Hawes v. W. Pac. Timber LLC, 477 P.3d 950 (Idaho 2020). “38, citing Idaho Code section 45-615 and an attorney fee agreement with his counsel providing for a contingent fee of 35% of the gross recovery.”
Manning v. Micron Tech., Inc., 506 P.3d 244 (Idaho 2022).
Savage v. Scandit, Inc., 417 P.3d 234 (Idaho 2018).
Stiffler v. Hydroblend, Inc., 535 P.3d 606 (Idaho 2023).
— Idaho Code § 45-615(2)(2004) — 1 case
Moore v. Omnicare, Inc., 118 P.3d 141 (Idaho 2005). “Moore filed a Petition for an Order Confirming and Modifying the arbitration award in district court, alleging that the arbitration panel had improperly failed to award treble damages, costs and attorney fees as mandated by Idaho Code §§ 45-615 (2), 12-120(3) and 12-121 on the…”
— Idaho Code § 45-615(3) — 2 cases
State Ex Rel. Dept. of Labor & Indus. Serv. v. Hill, 796 P.2d 155 (Idaho Ct. App. 1990).
State ex rel. Dep't of Labor & Indus. Servs. v. Hill, 796 P.2d 155 (Idaho Ct. App. 1990).
— Idaho Code § 45-615(4) — 17 cases
Lawless v. Davis, 560 P.2d 497 (Idaho 1977). “" Idaho Code § 45-615 (4) reads: "Any judgment for the plaintiff in a proceeding pursuant to this act shall include all costs reasonably incurred in connection with the proceedings and the plaintiff, or the director in his behalf, shall be entitled to recover from the defendant…”
Hales v. King, 762 P.2d 829 (Idaho Ct. App. 1988). “In this proceeding, the appellant, King Trailer Manufacturing Company (King), challenges a magistrate’s partial summary judgment awarding the respondent, Max Hales (Hales), treble damages for unpaid wages pursuant to I.C. § 45-615(4). The magistrate’s award was upheld on appeal…”
Rodwell v. Serendipity, Inc., 591 P.2d 141 (Idaho 1979). “00 the employee may assign the claim to the commissioner of labor who will bring the suit in a representative capacity on behalf of the employee.”
Schoonover v. Bonner Cnty., 750 P.2d 95 (Idaho 1988). “In that case, we discussed in detail the policy and legislative intent behind the enactment of I.C. § 45-615, quoting from Goff v. H.J.H.”
Gilbert v. Moore, 697 P.2d 1179 (Idaho 1985).
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