Amends existing law to remove language prohibiting a political subdivision from enacting a minimum wage that is higher than the state minimum wage.

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-	11
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

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