Idaho: employee or independent contractor?

The test depends on which law you're dealing with. A worker can be a contractor for one law and an employee for another.

LawTestStatute
Unemployment insurancepartial ABC (A and C)Idaho Code § 72-1316(4)
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

How the statute words it

(a) free from control or direction in the performance of his work, both under his contract of service and in fact; (b) engaged in an independently established trade, occupation, profession, or business.

Details and exceptions

Law: Idaho Code § 72-1316(4)

Running payroll in Idaho?

Recent changes

Last verified against the official source on October 9, 2026.

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Sources

We copy figures from official sources and re-check them against the source before every update. See our methodology. This is general information, not legal advice.