44-1611. JOINT LIABILITY. (1) If an agricultural employer uses a farm labor contractor who is properly licensed and bonded under the provisions of this chapter, that agricultural employer shall not be jointly and severally liable for any unpaid wages determined to be due and owing pursuant to chapter 6, title 45, Idaho Code, to any employee of the farm labor contractor who performed work for that agricultural employer.
(2) An agricultural employer who knowingly uses the services of an unlicensed farm labor contractor shall be jointly and severally liable for any unpaid wages determined to be due and owing pursuant to chapter 6, title 45, Idaho Code, to any employee of the unlicensed farm labor contractor who performed work for that agricultural employer. In making determinations under this section, any user of a farm labor contractor may rely upon either the license issued by the department to the farm labor contractor under section 44-1603, Idaho Code, or the department’s representation that such contractor is licensed as required by this chapter.
History:
[44-1611, added 2002, ch. 328, sec. 1, p. 927.]
Structure Idaho Code
Chapter 16 - FARM LABOR CONTRACTOR LICENSING
Section 44-1601 - DEFINITIONS.
Section 44-1603 - LICENSE — APPLICATION — CONTENTS.
Section 44-1604 - APPLICANT — PROOF OF FINANCIAL RESPONSIBILITY — PAYMENT OF CLAIMS.
Section 44-1605 - APPLICATION FEE — APPROPRIATION.
Section 44-1606 - DEPARTMENT — LICENSING DUTIES — LICENSE — TERM — RENEWAL FEE.
Section 44-1607 - FARM LABOR CONTRACTOR — DUTIES.
Section 44-1608 - FARM LABOR CONTRACTOR — APPLICANT FOR LICENSE — PROHIBITED ACTS.
Section 44-1609 - LICENSE — DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW.
Section 44-1610 - ACTION AGAINST LICENSE — HEARING.
Section 44-1611 - JOINT LIABILITY.
Section 44-1612 - CLAIM FOR WAGES — EXCLUSIVE REMEDY.
Section 44-1613 - PRIVATE RIGHT OF ACTION.
Section 44-1614 - SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE.
Section 44-1615 - RETALIATION PROHIBITED.
Section 44-1616 - VIOLATIONS — PENALTY.