The following list contains important laws and what they do. These descriptions are not intended to explain the law fully, but to send up some “warning signals” of areas of concern to the library board.
Minimum Wage
- Federal minimum wage
- State minimum wage
- Almost all library workers will fall under these minimum wage laws. The library is obliged to pay them at or above minimum wage. To learn more about minimum wage, follow the links above or contact your library’s human resources professional or attorney.
Idaho Code Requires that Library Staff Be Paid
Idaho Code § 33-2702(6) requires that public library service be delivered by paid staff who have received appropriate training in library skills and management. This requirement applies to both city and district libraries in Idaho. The Idaho Commission for Libraries provides training free of charge. For more information, contact your ICfL public library consultant.
Fair Labor Standards Act (FLSA)
- The Fair Labor Standards Act includes the federal minimum wage as well as requirements for overtime pay and compensatory (comp) time.
- In addition, the FLSA includes child labor provisions, which set certain limitations on the use of juveniles as employees. Libraries that employ students under 18 years of age as pages need to be aware of these restrictions.
- The FLSA also prohibits employees from contributing volunteer hours doing the same thing that they get paid for.
State and Federal Civil Rights Laws
These laws prohibit employers from discriminating on the basis of race, color, religion, sex, or national origin in hiring, promotion, and other employment policies.
Age Discrimination in Employment Act of 1967 (ADEA)
The Age Discrimination in Employment Act of 1967 protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment.
The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).
Americans with Disabilities Act of 1990 (ADA)
The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101) is a civil rights law that prohibits discrimination based on disability. The ADA affords similar protections again discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements on public transportation.
The Family and Medical Leave Act of 1993 (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve work weeks of leave in a 12-month period for
- The birth of a child and to care for the newborn child within one year of birth;
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- To care for the employee’s spouse, child, or parent who has a serious health condition;
- A serious health condition that makes the employee unable to perform the essential functions of their job;
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”; or
- Twenty-six work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caretaker leave).
- Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
- Works for a covered employer;
- Has worked for the employer for at least 12 months;
- Has at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave; and
- Works at a location where the employer has at least 50 employees within 75 miles.
This Family and Medical Leave Act fact sheet explains more.
On February 23, 2015, the U.S. Department of Labor’s Wage and Hour Division announced a Final Rule to revise the definition of spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. The Final Rule amends the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live.
Prohibited Conduct by Public Servants
Both Idaho Code chapter 13, title 18 – Bribery and Corruption – and chapter 4, title 74 – Transparent and Ethical Government – deal with prohibited conduct on the part of Idaho’s public servants. One of these prohibitions is against nepotism, the hiring and employment of one’s relatives.
- Bribery and Corrupt Practices – Definitions: I.C. § 18-1351
- Using Public Position for Personal Gain: I.C. § 18-1359
- Penalties: I.C. § 18-1360
- Self-Interested Contracts – Exception: I.C. § 18-1361
- Noncompensated Appointed Public Servant – Relatives of Public Servant – Exception: I.C. § 18-1361(A)
- Cause of Action: I.C. § 18-1362
- Transparent and Ethical Government – Ethics in Government – Definitions I.C. § 74-403
- Required Action in Conflicts: I.C. § 74-404
- Noncompensated Public Official – Exception: I.C. § 74-405
- Civil Penalty: I.C. § 74-406
Idaho Ethics in Government Manual
The Idaho Ethics in Government Manual, published by the Idaho Office of the Attorney General, explains how statutes govern the ethical behavior of public officers and ensure that public officials remain public servants.