Free Idaho Labor and Employment FAQs | Free Idaho Labor and Employment Legal Documents

Am I Entitled To Rest Or Meal Breaks?

Tue, 29 May 2007 21:19:00 GMT

No. You are not entitled to rest or meal breaks unless you and your employer have an agreement to provide such breaks.

Are There Restrictions On The Hours A Minor Is Permitted To Work?

Tue, 29 May 2007 21:19:00 GMT

Minors under the age of sixteen years are not permitted to work more than fiftyfour hours in any one week, nor more than nine hours in any one day; nor before the hour of six o'clock in the morning nor after the hour of nine o'clock in the evening.

Are Unemployment Insurance Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Yes. Unemployment insurance benefits are fully taxable. You may have 10% of your benefit check withheld for Federal Tax purposes. In January, you will be mailed a statement (Form 1099G) showing the total amount of benefits paid to you during the calendar year. The information on your benefit statement is also sent to the Internal Revenue Service and to the Idaho State Tax Commission.

Yes, if you reside in Idaho now but all of your wages during the base period were earned in one other state, you may file an interstate claim. If you have earned wages in two or more states during the base period, you may request the wages be combined by transferring them to the state in which you file your claim. This is called a combinedwage claim.

As An Employer, How Do I Know If I Am Liable For Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

Employers are liable if, for the current or the preceding calendar year, wages of $1500 or more are paid in a calendar quarter; or, if during this or the preceding calendar year one or more workers have worked in at least 20 weeks of a calendar year. (The 20 weeks need not be consecutive and any work in part of a day is counted.)

Can I Work And Still Collect Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you work less than fulltime during a calendar week (Sunday through Saturday), you can collect unemployment benefits for that week as long as your gross earnings are not equal to or greater than 1 1/2 times your weekly benefit amount. If you earn less than 1/2 of your weekly benefit amount, there will be no reduction in your unemployment insurance check. If you earn between 1/2 your weekly benefit amount and 1 1/2 times your weekly benefit amount, a dollar for dollar reduction will occur on your unemployment insurance benefit check.

How Can I Get Information About My Claim?

Tue, 29 May 2007 21:19:00 GMT

The TelAClaim inquiry system can give you the following information.

The date when your last check was issued, if it was issued within the past fourteen days.
The amount of the check, when it was mailed, and deductions from the weekly benefit amount.
The balance remaining in your claim.
Information on the last week claimed (if within the last four weeks) to see if it was a waiting week, or if you had excessive earnings, an exhaustion of benefits, or if you have an eligibility issue pending.

How Do I File A Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you need to file an initial claim, you may:

File in person at your nearest local Job Service Office. Click here for a list of the Job Service locations in Idaho.
Call your nearest Job Service Office.
File Online INITIAL UNEMPLOYMENT INSURANCE CLAIM

If you are filing a claim against Idaho, but live in another state, you may also file your claim by calling (208) 3323574.

When you file, have the following information available:

Your Social Security number.
If you are not a citizen of the United States, your Alien Registration number and card.
The business names, complete addresses including zip codes, and phone numbers of all employers for whom you worked during the last 2 years.
The dates your work started and ended for those employers.
Your total gross earnings from those employers.
The reason you are no longer working for those employers.
DD Form 214, Member 4, Certificate of Release or Discharge from Active Duty, if you were a member of the Military Service in the past 2 years.
Your county of residence if you live outside the state of Idaho.

How Do I File For Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

To file for weekly benefits, you may use the TelAClaim system, a computerized voiceresponse system. TeleAClaim is available seven days a week, 24 hours a day. You always call for the week that just ended. The phone number for TelAClaim is 2083344700.You may also file for your weekly benefits online WEEKLY CONTINUED CLAIM REPORT

How Do I Know If I Am Eligible To Receive Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

To qualify for unemployment benefits, you must meet eligibility requirements. You must be totally or partially unemployed through no fault of your own. You must have been laid off due to lack of work, voluntarily quit with good cause connected with the employment, or been discharged but not for misconduct. You must be physically able to work fulltime, ready to go to work, and be willing and able to accept both full and parttime work.

In addition to the above, you must establish monetary entitlement to benefits by having sufficient earnings in the base period. The base period is the four quarters of earnings that are used to determine how much unemployment you qualify for. The four quarters used are the first four of the last five completed quarters. You must have worked and been paid wages for employment in at least two of the quarters in your base period; have been paid at least $1,326 in wages in one of those quarters and the total wages paid you in your base period must equal one and a quarter times your highest quarter wages.

How Do I Report New Hires?

Tue, 29 May 2007 21:19:00 GMT

The easiest way to provide this information is to send a copy of the employee W4 to the Idaho Department of Labor. Make a copy of the W4, add the date of hire and the Idaho Unemployment Insurance employer account number to the bottom of the copy, and submit the copy by mail or fax to the Idaho Department of Labor:

Idaho Department of Labor
New Hire Reporting
317 West Main St
Boise, Idaho 837350610
FAX: (208) 3327411

Electronic reporting is also available. For more information or to make arrangements, call 18006273880. You may also refer to the following links for information on electronic/internet reporting. Diskette Reporting Format newhire@labor.state.id.us Internet Reporting Using Electronic Mail (Uses a standard Electronic Mail unsecure channel) Internet Reporting Using online data entry (Uses a secure, encrypted channel)

How Is My Benefit Amount Determined?

Tue, 29 May 2007 21:19:00 GMT

The amount of your weekly benefit is based on what you earned during your base period. The highest quarterly amount from your base period is divided by 26 to determine the maximum amount you may receive per week on unemployment. The current range for unemployment weekly benefits runs from $51.00 per week minimum to $315.00 per week maximum.

When you file for benefits, you will receive a form called a Monetary Determination. This form shows your base period, the employers who reported wages to us during the base period, and the amounts they reported. It will also show your weekly benefit amount, and the total amount you may draw during your benefit year.

The number of weeks you can receive benefits will vary between 10 weeks at a minimum and 26 weeks at a maximum. The formula is a ratio of your total base period wages divided by your highest base period quarter.

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

No. Work permits are not issued in the state of Idaho.

Is My Employer Required To Provide Vacation Or Sick Pay?

Tue, 29 May 2007 21:19:00 GMT

No. Idaho law does not require vacation or sick pay, nor does it require holiday or severance pay. These items are matters for agreement between the employer and the employee. If there is any change in a policy that is in effect, the employee must be notified prior to the change, and benefits already earned or accrued cannot be taken away.

Is There A Law Regarding Paydays?

Tue, 29 May 2007 21:19:00 GMT

Every employer shall pay all wages due to its employees at least once during each calendar month on regular paydays designated in advance. The end of a pay period for which payment is made on a regular pay period shall not be more than fifteen days before such regular payday.

Upon layoff or termination by either the employer or the employee, all wages due must be paid to the employee the earlier of the next regularly scheduled payday or within ten days of termination, weekends and holidays excluded. If the employee makes a written request for earlier payment of his wages, all wages then due must be paid within forty eight hours, excluding weekends and holidays.

Please Explain The New Hire Program.

Mon, 04 Jun 2007 21:51:22 GMT

All Idaho employers will be required to report new hires to the Idaho Department of Labor. Reports must be submitted within 20 days of the date of hire. The Department of Labor will consolidate employer reports into a statewide directory of new hires, which will be used to locate parents who fail to pay child support.

The new hire reporting law covers all Idaho employers either hiring new employees or rehiring employees whose previous employment was terminated more than twelve months prior to the current hire date. Employers must provide the company name, address, federal employer identification number, Idaho Unemployment Insurance account number, employee's full name, address, social security number, and date of hire.

What Are The Reporting Requirements?

Tue, 29 May 2007 21:19:00 GMT

All new businesses and domestic employers must submit an IBR1 form to the Idaho State Tax Commission or the Department of Labor. The information is used to determine reporting requirements for the various taxes. Once registered for unemployment insurance coverage, an employer must report and pay quarterly. Reports and payments are due the last day of the months of April, July, October, and January for the quarter ending the previous month. The Department of Labor mails reports to all known employers during the last week of each quarter.

What Can I Do If I Am Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You have the right to appeal a determination affecting your rights to benefits. You have 14 days from the date the Eligibility Determination was mailed to protest. Your protest must be made in writing and must be signed. Mail or handdeliver your protest to the local Job Service office that made the determination. Make sure you include your Social Security number on your protest and the reasons you disagree with the determination. The Appeals Bureau will notify you of the date and time of the hearing.

All hearings are held via a conference telephone call. At the scheduled time for the hearing, a representative of the Appeals Bureau will call you, your employer, a Department of Labor representative, and any witnesses that are to appear at the hearing. A lawyer or anyone else may participate in the hearing to help you.

What Can I Do If I Still Disagree With The Appeals Examiners Decision?

Tue, 29 May 2007 21:19:00 GMT

You have 14 days to protest the Appeals Examiner's determination to the Industrial Commission. Send a letter to the Industrial Commission giving the reasons you think the examiner's decision was wrong. Their address is: Industrial Commission, ATTN: Judicial Division, 317 West Main Street, 2nd Floor, PO Box 83720, Boise, ID 837200041. Their phone number is (208) 3346000. Their fax number is (208) 3342321.

What Tax Rate Will I Be Required To Pay?

Tue, 29 May 2007 21:19:00 GMT

A standard rate will be assigned to all new employers until the employer has paid taxes for six calendar quarters prior to the yearly computation date of June 30. The employer will then be assigned a rate based on the employer's own experience rating.

Another method of paying is cost reimbursement, which is available to certain nonprofit organizations and all governmental agencies. Under this method, employers reimburse the state for the actual cost of unemployment benefits paid. Nonprofit organizations and governmental agencies may choose to report as cost reimbursement employers or experience rated employers.

For more information on tax rates, covered wages, reporting methods etc., please refer to the Unemployment Tax Handbook for detailed information. To access additional tax reporting forms, click on the following link: http://www.labor.state.id.us/idui.htm#menu

What is the minimum wage in Idaho?

Tue, 29 May 2007 21:19:00 GMT

Unless specifically exempt, all employees subject to the provisions of the Idaho Minimum Wage Law must be paid at least $6.55 per hour. The minimum wage for tipped employees is currently $3.35 per hour. In 2002, the Idaho legislature extended coverage of the state minimum wage provisions to farm workers.

New employees under twenty years of age may be paid $4.25 per hour during their first ninety consecutive calendar days of employment with an employer. For information on additional exemptions to the minimum wage provisions, refer to the Guide to Idaho Labor Laws.

When Can I Expect To Receive My First Check?

Tue, 29 May 2007 21:19:00 GMT

Your first check should arrive during your third week of unemployment. If everything is in order on your claim, your checks will be mailed within one to three business days after you call the TelAClaim system or access the Internet claim reporting system.

When Should I File My Initial Claim For Benefits?

Tue, 29 May 2007 21:19:00 GMT

File your claim during your first week of total or partial unemployment. Your claim, in most cases, will start with the Sunday of the week in which you first file your claim. Before any benefits can be paid, you must serve a waiting week. To serve the waiting week, you must have filed a claim and be entitled to benefits in all respects. You must also call the TelAClaim system or submit a paper Continued Claim Report to report for your waiting week. You will not be paid benefits for the waiting week. You will only have to serve one waiting week per benefit year.

Where Can I Obtain More Information On Filing An Appeal?

Tue, 29 May 2007 21:19:00 GMT

Contact information for the Appeals Bureau is as follows:

317 West Main Street, Boise ID 83735. Their phone number is 18006214938. For calls within the Boise area, please call 3346268.

Why Didn't I Receive A Check For The First Week I Was On Ui?

Tue, 29 May 2007 21:19:00 GMT

You must serve a waiting week at the start of your new claim. During this waiting week you must have either been totally unemployed, or if you worked parttime, you must not have earned more than 11/2 times your weekly benefit amount. You must also meet all the personal eligibility requirements.

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