A business that makes a positive impact has a healthy relationship with its workforce, and one of the keys to a healthy workforce is a business’s proper understanding and compliance with human resources law. Our Boise human resources attorneys at Smith + Malek collaborate with employers and executives of Idaho to develop best practices that serve each business’s unique vision and needs. Drawing on our extensive experience, we are committed to fostering strong, compliant workplaces that benefit the entire community.
Basics of Human Resources Law
If you employ workers in Idaho, there are numerous state and federal laws you must follow to ensure your business and your employees continue to thrive. These laws cover many diverse matters such as:
- Minimum wage requirements,
- Workplace safety,
- Employment discrimination,
- Mass layoffs,
- Employment retaliation,
- Workers’ compensation, and
- Employee leave.
Employers that do not know their obligations under the law open themselves up to significant financial and legal liabilities which can have a significant impact on your reputation within the community, employee morale, and your ability to grow, or even continue, your business.
Below, we provide a brief overview of just some of what the law requires of employers, but you can receive the most comprehensive guidance on your rights and responsibilities as an employer by speaking to a Boise HR lawyer from Smith + Malek.
Wage Requirements
In general, Idaho employers must pay their employees at least $7.25 per hour. Additionally, an employer must pay 1.5 times a non-exempt employee’s rate of pay for any time they work in excess of 40 hours in a workweek. Of course, if an employer has promised to pay an employee more than the minimum wage or to give additional benefits, it must honor that agreement. Employers must also pay their employees on at least a monthly basis under Idaho law, lest they risk an employee complaint with state and/or federal labor authorities.
Workplace Safety and Injuries
Employees have the right to safe work environments and maintaining a safe workplace might require an employer to warn employees about, and train them regarding, hazardous substances or other dangerous conditions at work. If an employer violates the rules regarding workplace safety, it may be subject to an Occupational Safety and Health Administration complaint.
Idaho employers are also obligated to provide medical treatment and partial wage replacement to employees who suffer on-the-job injuries. These are requirements under Idaho’s workers’ compensation laws. Workers’ compensation is a complex system fraught with many procedures to ensure injured employees receive proper care and support. Our attorneys can offer experienced guidance to help employers navigate this system in a manner that is efficient and fair.
Discrimination and Retaliation
Although Idaho is an at-will employment state, employers cannot punish employees for discriminatory reasons. Under federal and state laws, an adverse employment action is discriminatory and illegal if it is motivated by one of the following:
- Age (40 and older),
- Religion,
- Color,
- Sex,
- Genetic information,
- Race,
- National origin,
- Disability, or
- Gender.
Adverse employment actions may include refusals to hire, refusals to accommodate, pay cuts, job terminations, demotions, and unchecked harassment. An employer can be liable for unlawful retaliation if it punishes an employee for participating in a discrimination claim or asserting their employee rights.
Protecting yourself from a discrimination or retaliation complaint should begin with:
- Educating your management team and employees about anti-discrimination laws, and
- Responding swiftly to internal complaints.
Our expert human resources attorneys at Smith + Malek can help you in developing effective anti-discrimination policies to prevent worker harm and protect you from legal actions.
Layoff Procedures
Employers with large workforces (i.e., 100 employees or more) must give advance notice before conducting mass layoffs. The Worker Adjustment and Retraining Notification (WARN) Act requires large employers to give 60 days’ notice for layoffs affecting 50 or more employees from a single site of employment. This is a process that can be challenging to navigate when you need to quickly restructure your workforce for financial reasons. Our staff can help you identify the most effective and efficient solutions for your specific needs, and assist you in implementing those solutions in accordance with the law.
Employee Leave
Employees in Idaho have a right to take job-protected leave to address:
- Personal health concerns,
- Family health concerns,
- Family or personal emergencies,
- Needs related to giving birth, and
- Personal or family military obligations.
When an employee makes a proper request under the Family and Medical Leave Act or the Uniformed Services Employment and Reemployment Rights Act, an employer must reinstate that employee when they return from leave. This can be a heavy demand and it can be difficult to understand your rights as an employer in these situations, but counsel from a strong advocate can quickly lighten the burden.
You Can Trust Smith + Malek with Your HR and Business Matters
The above information is a small sample of the legal and HR related issues you might face as an employer. Smith + Malek can be with you every step of the way. We have the legal tools and the expertise to help you create the best business environment for both you and your employees. You can call us or contact us online to schedule an appointment.