The rule in Idaho
In Idaho, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.
The US Department of Labor's state table adds: “No state overtime provision listed. FLSA governs.”
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Common mistakes employers make in Idaho
- Using the federal tipped wage. Idaho sets its tipped minimum at $3.35 an hour, well above the federal $2.13, and the employer must cover any shortfall if tips fall short.
- Averaging two weeks to avoid overtime. Idaho's labor department says each workweek stands alone: 48 hours one week and 22 the next still owes eight hours of overtime.
- Deciding internally that an employee is exempt. Idaho's labor department says an exemption may only be given or approved by the US Department of Labor.
Other Idaho pay rules worth knowing
- Final paycheck if fired: By your next regular payday or within 10 business days of your last day, whichever comes first.
- Unused PTO: Idaho law does not require vacation, holiday, severance or sick pay. Whether unused time is paid out is a matter of your agreement or the employer's policy.
- Late final pay: Your wages continue at the same rate until you are paid in full or for 15 days, whichever is less — but the penalty can never exceed $750, and drops to $500 if the wages are paid before a lien is filed. The Department awards it only where it finds the wages were withheld willfully, arbitrarily and without just cause (Idaho Code § 45-607, § 45-617(4)).
Idaho final paycheck law and deadline calculator →
Idaho overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in Idaho as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does Idaho have its own overtime law?
No. Idaho has no state overtime provision, so the federal Fair Labor Standards Act sets the rule: time and a half after 40 hours in a workweek, with no daily limit. The federal law covers most employers — any business with $500,000 or more in annual sales, plus hospitals, schools and government agencies.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — File a wage claim with the Idaho Department of Labor within 2 years — 12 months if you were partly paid for the period. Claims are capped at the small claims limit of $5,000, and filing with the department gives up your right to sue over the same wages. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
Spotted something wrong? Report an error.
Other states that also follow the 40-hour weekly rule with nothing added: Alabama, Arizona and Delaware.
Work across a state line? Montana overtime rules and Nevada overtime rules.