In Idaho, laws relating to farm labor can be found in Idaho Code § 44-1603 through Idaho Code § 44-1618 and Idaho Code § 44-1901 through Idaho Code § 44-1905. Idaho Code § 44-1603 through Idaho Code § 44-1618 deal with farm labor contractor licensing. Idaho Code § 44-1901 through Idaho Code § 44-1905 deal with sanitation facilities for farm workers.
Pursuant to Idaho Code § 44-1603, a valid license issued by the department of labor and industrial services is required to act as a farm labor contractor. A farm labor contractor or an applicant for a farm labor contractor’s license shall not make misrepresentations or false statements on the application for a license, make any false, fraudulent or misleading representation, or publish or circulate any false, fraudulent or misleading information concerning the terms, conditions or existence of any employment, solicit or induce the violation of an existing contract of employment and by any force, intimidation, or threat, including threat of deportation, induce any employee to give up any part of the compensation to which s/he is entitled under federal or state wage payment laws[i].
Pursuant to Idaho Code § 44-1609, the department may deny, revoke, suspend or refuse to renew a farm labor contractor license. However, the applicant or licensee shall be given written notice of the reasons for the licensing action and an opportunity for a hearing. The aggrieved party shall file a written request for a hearing within 10 days of the date of mailing of the notice[ii]. The hearing officer, as soon after the conclusion of the hearing as possible, on the basis of the record made at the hearing, shall issue a decision and serve it on all parties to the hearing. The decision of the hearing officer shall be a final agency order and shall be effective on the date it is issued, subject only to the judicial review provisions of chapter 52, title 67, Idaho Code.
Pursuant to Idaho Code § 44-1616, any person who intentionally defaces, alters or changes a farm labor contractor license, or who uses the license of another, or who knowingly permits another person to use his or her license or acts as a farm labor contractor without a license shall be guilty of a misdemeanor, punishable by a fine not to exceed $ 1,000, or up to 60 days in jail or both. Each violation shall constitute a separate offense. Any person who violates any other provision of the chapter, Farm Labor Contractor Licensing shall be guilty of a misdemeanor, punishable by a fine not to exceed $ 300, or up to 30 days in jail or both. Each violation shall constitute a separate offense.
The legislature of the state of Idaho recognizes that the provision of toilet facilities for workers working in fields in the growing and harvesting of crops is necessary to preserve sanitation and health and that the provision of these basic facilities is also necessary for the privacy and dignity of such workers[iii].
Pursuant to Idaho Code § 44-1903, the farm labor operator, on any farm operation, shall provide and maintain at least one toilet facility in a clean and sanitary condition for every 40 workers, or fraction thereof, within a reasonable distance of where the workers are working. For farm operations employing fewer than 40 workers, at least one toilet facility shall be provided.
The farm operator or farm labor contractor may discharge or in any manner retaliate against any worker because the worker has instituted any proceedings, or has testified, or is about to testify, in any proceedings[iv]. Any farm operator or farm labor contractor who willfully or negligently violates Idaho Code § 44-1903, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $ 300 for each violation[v].
[i] Idaho Code § 44-1608.
[ii] Idaho Code § 44-1610.
[iii] Idaho Code § 44-1901.
[iv] Idaho Code § 44-1904.
[v] Idaho Code § 44-1905.
