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Final paycheck law in Idaho: when your last wages are due

Idaho sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.

Statute
Idaho Code § 45-606
If you were fired
On termination by either the employer or the employee, wages must be paid or made available at the usual place of payment by the earlier of the next regularly scheduled payday or 10 days after the separation, excluding weekends and holidays (Idaho Code § 45-606(1)).
If you resigned
Resignation is covered by the same rule: earlier of the next regularly scheduled payday or 10 days. A written request for earlier payment shortens the deadline to 48 hours.
If you were laid off
A layoff is named in the statute and follows the same deadline: earlier of the next regular payday or 10 days.
Late-pay penalty
Idaho Code § 45-606 sets the deadline but attaches no liquidated-damages multiple to a late final paycheck. What the statute does give you is leverage: once the employee makes a written request for earlier payment, the wages must be paid within 48 hours, weekends and holidays excluded — and this letter is that request.
Unused vacation
Idaho does not require payout of accrued vacation unless the employer's written policy or an agreement provides for it.
Commissions & bonus
Commissions earned before separation are wages under § 45-606 and follow the same 10-day deadline, with the same 48-hour acceleration on written request.
Where to file
Idaho Department of Labor · 208-332-3570
Small claims limit
$5,000 for an individual — Magistrate division small claims, up to $5,000. · court self-help
Last verified
2026-11-03 single source

What Idaho law actually requires

On termination by either the employer or the employee, wages must be paid or made available at the usual place of payment by the earlier of the next regularly scheduled payday or 10 days after the separation, excluding weekends and holidays (Idaho Code § 45-606(1)).

Resignation is covered by the same rule: earlier of the next regularly scheduled payday or 10 days. A written request for earlier payment shortens the deadline to 48 hours.

Idaho does not require payout of accrued vacation unless the employer's written policy or an agreement provides for it.

Commissions earned before separation are wages under § 45-606 and follow the same 10-day deadline, with the same 48-hour acceleration on written request.

What being late is worth

Idaho Code § 45-606 sets the deadline but attaches no liquidated-damages multiple to a late final paycheck. What the statute does give you is leverage: once the employee makes a written request for earlier payment, the wages must be paid within 48 hours, weekends and holidays excluded — and this letter is that request.

This state does not impose a separate statutory penalty for late final pay. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.

If they still don't pay

File with the Idaho Department of Labor, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Idaho is $5,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.

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Questions people ask about Idaho

When is my final paycheck due in Idaho?

On termination by either the employer or the employee, wages must be paid or made available at the usual place of payment by the earlier of the next regularly scheduled payday or 10 days after the separation, excluding weekends and holidays (Idaho Code § 45-606(1)).

I quit — does the deadline change in Idaho?

Resignation is covered by the same rule: earlier of the next regularly scheduled payday or 10 days. A written request for earlier payment shortens the deadline to 48 hours.

Does Idaho require unused vacation to be paid out?

Idaho does not require payout of accrued vacation unless the employer's written policy or an agreement provides for it.

What can I do if my employer misses the deadline in Idaho?

Two routes: file a wage claim with the Idaho Department of Labor (https://labor.idaho.gov/), or sue in small claims court where an individual's claim limit is $5,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.

Sources

Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.

Reviewed 2026-11-03 · reviewed again every 90 days.

By situation

being fired · resigning · a layoff · unused PTO · unpaid commissions

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