1998 Legislation
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HOUSE BILL NO. 412 – Wages, overtime, enforcement


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Daily Data Tracking History

H0412........................................................by MR. SPEAKER
                     Requested by: Department of Labor
WAGES - OVERTIME - Amends existing law to delete the provision of state
minimum wage law requiring the Idaho Department of Labor to enforce
overtime pay provisions.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to HuRes
02/06    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 64-2-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
      Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kempton, Kendell,
      Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
      Meyer, Miller, Mortensen, Newcomb, Pischner, Reynolds, Richman,
      Ridinger, Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor,
      Tilman, Tippets, Wheeler, Zimmermann, Mr Speaker
      NAYS -- Stoicheff, Watson
      Absent and excused -- Kellogg, Pomeroy, Trail, Wood
    Floor Sponsor - Lake
    Title apvd - to Senate
02/12    Senate intro - 1st rdg - to Com/HuRes
03/06    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 30-2-3
      AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ipsen, Keough, King, Lee, Noh, Parry, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Twiggs, Wheeler
      NAYS--Andreason, Whitworth
      Absent and excused--Ingram, McLaughlin, Sweeney
    Floor Sponsor - Burtenshaw
    Title apvd - to House
03/17    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 107
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 412

                                      BY MR. SPEAKER
                            Requested by: Department of Labor

 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 44-1502, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        44-1502.  MINIMUM WAGES  AND OVERTIME PAY . (1) Except as here-
 9    inafter  otherwise provided, no employer shall pay to any of his employees any
10    wages computed at a rate of less than  four  dollars  and  seventy-five  cents
11    ($4.75)  commencing  April 1, 1997, and five dollars and fifteen cents ($5.15)
12    commencing September 1, 1997, per hour for employment.
13        (2)  In determining the wage of a tipped employee, the  amount  paid  such
14    employee  by  an  employer  shall be deemed to be increased on account of tips
15    actually received by the employee but not by an  amount  in  excess  of  thir-
16    ty-three  percent  (33%)  of  the  applicable minimum wage, beginning April 1,
17    1997, and until August 31, 1997, and thirty-five percent (35%)  on  and  after
18    September  1,  1997,  as  set  forth in subsection (1) of this section. In the
19    event a dispute arises between the employee and the employer with  respect  to
20    the  amount  of  tips  actually  received  by  the  employee,  it shall be the
21    employer's burden to demonstrate the amount of tips actually received  by  the
22    employee.  Any portion of tips paid to an employee, which is shared with other
23    employees under a tip pooling or similar arrangement, shall not be deemed, for
24    the purpose of this section, to be tips actually received by the employee.
25        (3)   Except as hereinafter otherwise provided in the case  of  over-
26    time  pay  only and subject to the same exemptions and/or exceptions for over-
27    time as provided now or hereafter under the federal fair labor standards  act;
28    i.e.,  those  employers not exempted or excepted by the overtime provisions of
29    the federal fair labor standards act shall pay overtime as  provided  in  this
30    section, no employer shall employ any employee longer than forty (40) hours in
31    a  workweek  consisting of seven (7) consecutive twenty-four (24) hour periods
32    unless such employee receives compensation for employment in excess  of  forty
33    (40)  hours  at  a  rate  of  not less than one and one-half (1 1/2) times the
34    employee's regular rate of pay.
35        (4)   In lieu of the rate prescribed by subsection (1) of this  sec-
36    tion,  an  employer may pay an employee who has not attained twenty (20) years
37    of age a wage which is not  less  than  four  dollars  and  twenty-five  cents
38    ($4.25)  an  hour during the first ninety (90) consecutive calendar days after
39    such employee is initially employed. No employer may take any action  to  dis-
40    place  employees  (including partial displacements such as reduction in hours,
41    wages or employment benefits) for purposes of hiring individuals at  the  wage
42    authorized in this subsection.

Statement of Purpose / Fiscal Impact

    STATEMENT OF PURPOSE RS07330 This bill contains one 
    amendment to Idaho's Minimum Wage law.
    Idaho's Minimum Wage law requires the Ida ho Department of Labor to enforce the federal 
    overtime pay provisions of the Fair Labor Standards Act. This federal law is already being 
    enforced in Idaho by the Wage & Hour Division of the U.S. Department of Labor. By eliminating 
    this duplicative requirement for the State of Idaho to enforce federal law, the Idaho Department of 
    Labor will be able to refocus its limited resources on enforcing Idaho law.
                               FISCAL IMPACT
    If enacted, this bill will not impact the General Fund or any other fund or constituent group.
    Name: Dwight Johnson
    Agency: Department of Labor
    Phone: 334-6402
    Statement of Purpose/Fiscal Impact
    H 412