Articles Posted in Employment & Labor

By Joseph G. Ballstaedt

Let’s suppose that Jimmy works at Generic Burger Joint in Idaho and is a picture-perfect employee. He always arrives at work on time, can whip out a Generic Burger every thirty seconds, and is great with customers. More importantly, revenues have doubled since Jimmy started working. But one day, Jimmy arrives at work five minutes late. He explains to his boss that his car broke down and that he had to run ten miles to work. Jimmy’s boss believes him, but nonetheless fires him. Doesn’t this sound unjust? Yes, it probably is.

Let’s take it even a step further. Let’s suppose that Jimmy is not five minutes late for work—or ever late—and does absolutely nothing wrong and everything right, but out of the blue on day, his boss decides to fire him for no reason at all. Is this okay? Is it legal? Well, it is neither fair nor rationale, and it certainly isn’t a good business decision, but it isn’t illegal under Idaho law. This is because Jimmy is an at-will employee.

By Lane V. Erickson, Attorney

An employee handbook is a written document that provides an explanation of the workplace, and contains the employer’s policies and rules for new and existing employees. Employee handbooks do not have to be lengthy.

To accomplish their purpose, most Idaho Employee Handbooks contain basic information. Here are some of the basic things that are in an Idaho Employee Handbook:

By Lane Erickson, Attorney

As I was driving to work one day I saw a bumper sticker on a car that said “At Will Employment Sucks”. Having practiced in employment law for nearly 20 years, I often have clients that misunderstand the at-will employment laws. This particular bumper sticker was a reminder of these misunderstandings.

“At-will” laws are just another way of saying that the employment of a particular person is without a contract. In Idaho an employment contract can either be in writing or oral, but in order to eliminate the at-will laws the contract must State specifically that it is for a specific period of time. This could be a 6 month, or 1 year or even 5 year period of time. It really doesn’t matter so long as that the time period is stated and is specific.

By Lane V. Erickson

Many, but not all Idaho employers offer benefits of some sort to their full-time employees. This could include vacation pay, health, dental or life insurance, sick pay, paid time off for holidays, or other similar benefits. Employment benefits of these types are a fantastic addition to the wage or salary that is earned by the employee. When most employees are looking at a job they take into consideration the entire package of pay and benefits to decide whether the job is worth taking. The key is to understand the role of benefits in an employment relationship.

It’s amazing to me how often I am asked by clients whether they can force their employer to provide certain benefits to them as an employee. The reality is that no employer is required to provide any benefits to any employee. There is currently no Idaho law nor is there any federal law that requires an employer to provide any specific benefits to their employees. The only exceptions to this is that these employers almost always have to provide Workers Compensation Insurance and unemployment insurance.

By Joseph G. Ballstaedt

Idaho’s minimum wage is $7.25 an hour. Idaho Code § 44-1502. Idaho has chosen to mirror the federal minimum wage, which is established in the Fair Labor Standards Act (FLSA). 29 U.S.C.S. § 206(a)(1)(C). Some states have not kept up with the federal minimum wage. For example, the rate under Wyoming statutes governing minimum wage is $5.15 an hour, but federal law trumps any state law with a minimum wage lower than $7.25 an hour, the federal rate. States can choose, however, to increase the minimum wage above the federal rate, and 29 states have chosen to do so. Only a few of these states have rates above $9.00-$10.00 an hour, but some, like California and New York, have enacted laws that will eventually bring the minimum wage up to as high as $15.00 an hour.

Federal law also requires that all employees receive overtime pay after working forty hours a week. Overtime is one and one-half times the regular rate of pay. 29 U.S.C.S. § 207(a)(1). Thus, for Idaho employees who are paid minimum wage, overtime pay can be no lower than $10.88 an hour.

By Joseph G. Ballstaedt

The Fair Labor Standards Act (FLSA) is a federal law that provides minimum wage, overtime pay, and other protections to covered, nonexempt employees. Employees who are “engaged in commerce” are covered employees. 29 U.S.C.S. § 206(a). An employee is engaged in commerce if he or she performs work “involving or related to the movement of persons or things” between state lines or overseas. See 29 CFR 779.103. However, the term commerce is defined so broadly under federal law that the FLSA covers almost every employee in Idaho. See 29 CFR 776.8. For example, the following employees are deemed to be engaged in commerce:

• An employee in Idaho who uses a telephone, the U.S. mail, or e-mail to communicate with persons in another state.