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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
813
BY
RUBEL
AN
ACT
1
RELATING
TO
MINIMUM
WAGES;
AMENDING
SECTION
44
-
1502,
IDAHO
CODE,
TO
REMOVE
2
THE
PROHIBITION
ON
POLITICAL
SUBDIVISIONS
ENACTING
A
HIGHER
MINIMUM
3
WAGE
THAN
THE
STATE
MINIMUM
WAGE
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
4
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
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.
(1)
Except
as
hereinafter
otherwise
provided,
9
no
employer
shall
pay
to
any
of
his
employees
any
wages
computed
at
a
rate
of
10
less
than
seven
dollars
and
twenty
-
five
cents
($7.25)
per
hour
for
employ
-
1
1
ment.
The
amount
of
the
minimum
wage
shall
conform
to,
and
track
with,
the
12
federal
minimum
wage.
13
(2)
In
determining
the
wage
of
a
tipped
employee,
the
amount
of
direct
14
wages
paid
by
an
employer
to
the
employee
shall
be
deemed
to
be
increased
on
15
account
of
tips
actually
received
by
the
employee;
provided
however,
the
di
-
16
rect
wages
paid
to
the
employee
by
the
employer
shall
not
be
in
an
amount
less
17
than
three
dollars
and
thirty
-
five
cents
($3.35)
an
hour.
If
the
tips
actu
-
18
ally
received
by
the
employee
combined
with
the
direct
wages
paid
by
the
em
-
19
ployer
do
not
at
least
equal
the
minimum
wage,
the
employer
must
make
up
the
20
difference.
In
the
event
a
dispute
arises
between
the
employee
and
the
em
-
21
ployer
with
respect
to
the
amount
of
tips
actually
received
by
the
employee,
22
it
shall
be
the
employer's
burden
to
demonstrate
the
amount
of
tips
actually
23
received
by
the
employee.
Any
portion
of
tips
paid
to
an
employee
,
which
that
24
is
shared
with
other
employees
under
a
tip
pooling
or
similar
arrangement
,
25
shall
not
be
deemed,
for
the
purpose
of
this
section,
to
be
tips
actually
re
-
26
ceived
by
the
employee.
27
(3)
In
lieu
of
the
rate
prescribed
by
subsection
(1)
of
this
section,
28
an
employer
may
pay
an
employee
who
has
not
attained
twenty
(20)
years
of
29
age
a
wage
which
is
not
less
than
four
dollars
and
twenty
-
five
cents
($4.25)
30
an
hour
during
the
first
ninety
(90)
consecutive
calendar
days
after
such
31
employee
is
initially
employed.
No
employer
may
take
any
action
to
displace
32
employees
(including
partial
displacements
such
as
reduction
in
hours,
33
wages
or
employment
benefits)
for
purposes
of
hiring
individuals
at
the
wage
34
authorized
in
this
subsection.
35
(4)
No
political
subdivision
of
this
state,
as
defined
by
section
36
6
-
902,
Idaho
Code,
shall
establish
by
ordinance
or
other
action
minimum
37
wages
higher
than
the
minimum
wages
provided
in
this
section.
38
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
39
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
40
July
1,
2026.
41