Internet site at: labor.alaska/lss/forms/pam100.pdf. initial contract of employment to monthly pay periods when the employer shall pay the employee
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Anchorage Alaska Department of Labor and Workforce Development Wage and Hour 1251 Muldoon Rd, Suite 113 Anchorage, AK 99504 Phone: (907) 269 -4900 Email: statewide.wagehour@alaska.gov Juneau Alaska Department of Labor and Workforce De velopment Wage and Hour P.O. Box 111149 Juneau, AK 99811 -1149 Phone: (907) 465 -4842 Email: statewide.wagehour@alaska.gov Fairbanks Alaska Department of Labor and Workforce Development Wage and Hou r 675 7th Avenue, Station J -1 Fairbanks, AK 99701 Phone: (907) 451 -2886 Email: statewide.wagehour@alaska.gov If you would like to receive Wage and Hour or Mechanical Inspection regulation notices or publications information , they are available via electronic mail, by signing up in the GovDelivery System, https://public.govdelivery.com/accounts/AKDOL/subscriber/new and selecting topics LSS ΠWage and Hour ΠForms and Publications , LSS ΠMechanical Inspection Regulations , or LSS ΠWage and Hour Regulations . Publications are also available online at http://labor.alaska. gov/lss/home.htm
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TO ALL ALASKAN EMPLOYEES AND EMPLOYERS: The focus of the Alaska Department of Labor and Workforce Development is putting Alaskans to work. An important part of that mission is to ensure that working conditions and wage payment practice s are legal. This publication, Pamphlet 100, Employment Practices and Working Conditions , is designed to assist employers and employees by providing the applicable laws and regulations. The pamphlet is divided into five sections: I.The Alaska labor statutes (Alaska labor laws); II.The Alaska Family Leave Act (AFLA );III.The Alaska Administrative Code (Alaska regulations); IV. Specific sections of Code of Federal Regulations that Alaska has adopted as law by reference dealing with labor issues. For this reason, a particular topic, such as deductions from wages, may appear in each of the three sections, and V.Specific sections of the Code of Federal Regulations that are included for information only. The index of topics on page 70 should provide assistance in locating where in the pamphlet a particular topic is referenced. When reviewing the subjects contained in this pamphlet, keep in mind that the statutes carry the greatest weight. The regulations (State and Federal) have been established to further clarify and interpr et language used in the statute. Many wage and hour subjects are complex. Please take advantage of the cost -free counseling services to clarify your questions. For questions regarding this pamphlet and Alaska™s labor laws, you may call or come in to the n earest Wage and Hour office Monday through Friday during regular business hours, and a Wage and Hour Investigator will be happy to assist you. Addresses and phone numbers for these offices are listed on the inside cover page of this pamphlet. For additional copies of this pamphlet, contact the nearest Wage and Hour office, in Anchorage, Juneau or Fairbanks, or you may download and print this pamphlet from our Internet site at: http://labor.ala ska.gov/lss/forms/pam100.pdf .
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Employment Practices and Working Conditions Wage and Hour Pamphlet 100 Statutes Regulations Adopted CFRs October 2021 State of Alaska Alaska Department of Labor and Workforce Development Labor Standards and Safety D ivision Table of Contents Wage and Hour offices .. inside front cover Alaska Statutes 1- 15 Title 22. Judiciary .. 2 Title 23. Labor and Workers™ Compensation 2 Alaska Family Leave Act (AFLA) 1- Title 39. Public Officers and Employees .. 1 Alaska Administrative Code-Title 8 . Chapter 15 Alaska Wages and Hours .. Chapter 20 Transportation of Employees Chapter 25 Payment of Wages Code of Federal Regulations (adopted by reference) Part 531 Wage Payments .. 3 Part 778 Overtime Compensation .. Part 785 Hours Worked 4 Code of Federal Regulations (information only) .. Part 541 Subpart B Œ .. 5 Index .
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Disclaimer: Note to Readers: The statutes and administrative regulations listed in this publication were taken from the official codes, as of the effective date of the publication. However, there may be errors or omissions that have not been identified and changes that occurred after the publication was printed. This publication is intended as an informational guide only and is not intended to serve as a precise statement of the statutes and regulations of the State of Alaska. To be certain of the current laws and regulations, please refer to the offi cial codes.
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2 Sec. 22.15.040 Sec. 22.15.120 ALASKA STATUTES TITLE 22. Judiciary CHAPTER 15. District Courts and Magistrates Section 40. Small claims 120. Limitations on proceedings which magistrate may hear Sec. 22.15.040. Small claims. (a) Except as otherwise provided in this subsection, when a claim for relief does not exceed $10,000, exclusive of costs, interest, and attorney fees, and request is so made, the district judge or magistrate shall hear the action as a small claim unless important or unusual points of law are inv olved or the state is a defendant. The Department of Labor and Workforce Development may bring an action as a small claim under this subsection for the payment of wages under AS 23.05.220 in an amount not to exceed $20,000, exclusive of costs, interest, and attorney fees. The Supreme Court shall prescribe the procedural rules and standard forms to assure simplicity and the expeditious handling of small claims. (b) All potential small claim litigants shall be informed if mediation, conciliation, and arbitration services are available as an alternative to litigation. (§ 8(4) ch 184 SLA 1959; added by § 1 ch 91 SLA 1961; am § 1 ch 12 SLA 1970; am § 1 ch 23 SLA 1978; am §§ 1, 2 ch 3 SLA 1986; am § 2 ch 119 SLA 1992; am § 1 ch 33 SLA 1997; am § 1 ch 48 SLA 2000; am § 2 ch 65 SLA 2004) Sec. 22.15.120. Limitations on proceedings which magistrate may hear. (a) A magistrate shall preside only in cases and proceedings under AS 22.15.040, 22.15.100, and 22.15.110, and as follows: (1) for the recovery of money or damages only when the amount claimed, exclusive of costs, interest, and attorney fees, does not exceed $10,000; (2) for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000; (3) for the recovery of a penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000; (4) to give judgment without action upon the confession of the defendant for any of the cases specified in this section, except for a penalty or forfeiture im posed by statute; (5) to give judgment of conviction upon a plea of guilty or no contest by the defendant in a criminal proceeding within the jurisdiction of the district court; (6) to hear, try, and enter judgments in all cases involving misdemeanors that are not minor offenses if the defendant consents in writing that the magistrate may try the case; (7) to hear, try, and enter judgments in all cases involving minor offenses and violations of ordinances of political subdivisions; (8) for the extradition of fugitives as authorized under AS 12.70; (9) to provide post -conviction relief under the Alaska Rules of Criminal Procedure for any of the cases specified in (5), (6), or (7) of this subsection if the conviction occurred in the district court; or (10) to hear, try, and enter jud gments in actions for the payment of wages brought by the Department of Labor and Workforce Development as provided in AS 22.15.040(a) (b) A magistrate may not preside in small claims cases under AS 22.15.040 when service is made on a defendant outside the sta te under Rule 11(a)(4)(C), District Court Rules of Civil Procedure. (c) In this section, “minor offense” means (1) an offense classified by statute as an infraction or a violation; (2) an offense for which a bail forfeiture amount has been authorized by statute and established by supreme court order; or (3) a statutory offense for which a conviction cannot result in incarceration, a fine greater than $300, or the loss of a valuable license. (§ 19 ch 184 SLA 1959; am § 5 ch 5 SLA 1960; am § 1 ch 85 SLA 1961; am § 2 ch 91 SL A 1961; am § 12 ch 70 SLA 1964; am § 8 ch 110 SLA 1967; am §§ 18 Œ 20 ch 71 SLA 1972; am § 1 ch 65 SLA 1978; am § 3 ch 3 SLA 1986; am § 10 ch 12 SLA 1986; am § 8 ch 38 SLA 1987; am § 5 ch 125 SLA 1992; am §§ 1, 2 ch 31 SLA 1993; am § 1 ch 26 SLA 1995; am § 18 ch 103 SLA 1996; am § 2 ch 33 SLA 1997; am § 2 ch 48 SLA 2000; am § 4, 5 ch 65 SLA 2004) TITLE 23. Labor and Workers’ Compensation CHAPTER 05. Department of Labor and Workforce Development Article 1. Administration (§§ 23.05.010 -23.05.130) 2. Wage C laims (§§ 23.05.140 -23.05.260) 3. Violations and Penalties (§§ 23.05.270 -23.05.280) 4. Reciprocal Agreements (§§ 23.05.320 -23.05.340) Article 1. Administration Section 10. Purpose 20. Records of department 30. Funds 40. Bond of commissioner 50. Power to issue subpoenas and take testimony 60. Powers of the department 80. Employer’s records 90. Employer shall furnish information 100. Inspections and examination of records 110. Biennial report
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3 Sec. 23.05.010 Sec. 23.05.130 120. Cooperation with other agencies 130. Preference for resident workers Sec. 23.05.010. Purpose. The Department of Labor and Workforce Development shall foster and promote the welfare of the wage earners of the state, improve their working conditions and advance their opportunities for profitable employment. (§ 43 -1-1 ACLA 1949) Sec. 23.05.020. Records of department. The department shall keep a record of all proceedings. All records shall be open during regular hours of business for public inspection. (§ 43-1-3 ACLA 1949) Sec. 23.05.030. Funds. The department shall rem it to the Department of Revenue all money it receives and sign and issue vouchers for necessary disbursements. (§ 43 -1-3 ACLA 1949) Sec. 23.05.040. Bond of commissioner. The commissioner shall give bond approved by the Department of Administration in the sum of $10,000 running to the state, conditioned upon the faithful performance of the duties of the office. The bond shall be filed with the Department of Administration. (§ 43 -1-3 ACLA 1949) Sec. 23.05.050. Power to issue subpoenas and take testimony. The department may issue subpoenas, administer oaths, and take testimony concerning any matter within its jurisdiction. (§ 43 -1-4 ACLA 1949) Sec. 23.05.060. Powers of the department. The department may: (1) enforce all state labor laws; (2) act as mediator and appoint deputy commissioners of conciliation in labor disputes whenever it considers the interest of industrial peace requires it; (3) make investigations and collect and compile statistical information concerning the conditions of labor generally and upon all matter s relating to the enforcement of this chapter; (4) institute court proceedings against an employer of labor without cost to the employee when it is satisfied that the employer has failed to pay an employee an amount due by contract; (5) issue cease and desist orde rs and other orders and regulations necessary for the enforcement of state labor laws; (6) in accordance with AS 37.07 (the Executive Budget Act), receive and spend money derived from agreements with local governments, nongovernmental organizations, or other persons. (§ 43 -1-5 ACLA 1949; am § 1 ch 34 SLA 1949; am § 2 ch 15 SLA 1972; am § 1 ch 107 SLA 1975; am § 43 ch 138 SLA 1986; am § 30 ch 41 SLA 2009) Sec. 23.05.080. Employer’s records. An employer shall keep an accurate record of the name, address, and occ upation of each person employed, of the daily and weekly hours worked by each person, and of the wages paid each pay period to each person. The record shall be kept on file for at least three years. (§ 43 -1-6 ACLA 1949; am § 2 ch 107 SLA 1975) Sec. 23.05.0 90. Employer shall furnish information. An employer shall furnish to the department the information it is authorized to require, and shall make true and specific answers to all questions, whether submitted orally or in writing, authorized to be asked of th e employer. (§ 43-1-7 ACLA 1949) Sec. 23.05.100. Inspections and examination of records. The department may (1) enter a place of employment during regular hours of employment and in cooperation with the employer, or someone designated by the employer, coll ect facts and statistics relating to the employment of workers; (2) make inspections for the proper enforcement of all state labor laws; (3) for the purpose of examination, have access to and copy from any book, account, record, payroll, paper or document relating to the employment of workers. (§ 43-1-8 ACLA 1949) Sec. 23.05.110. Biennial report. The department shall submit a report to the governor concerning its activities during the preceding two years. The department shall notify the legislature that the report is available. (§ 43 -1-9 ACLA 1949; am § 44 ch 21 SLA 1995) Sec. 23.05.120. Cooperation with other agencies. The department may negotiate with the United States Department of Labor and with other federal and state agencies the arrangements that it considers expedient for cooperation in formulating and carrying out policies and projects designed to encourage and assist in the protection and welfare of labor of the state. (§ 43 -1-10 ACLA 1949) Sec. 23.05.130. Preference for resident workers. The department sha ll aid and assist resident workers to obtain, safeguard and protect their rightful preference to be employed in industries in the state. (§ 43 -1-11 ACLA 1949) Article 2. Wage Claims Section 140. Pay periods; penalty 160. Notice of wage payments 170. Wages earned before strike, lockout or layoff 180. Wages in dispute 190. Enforcement 200. Hearings on wage claims 210. Proceedings by attorney general 220. Assignment of liens and claims to department 230. Prosecution of claims
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4 Sec. 23.05.140 Sec. 23.05.210 240.Officers to execute process without security 250.Witness fees of garnishee defendants 260.Disposition of funds recovered Sec. 23.05.140. Pay peri ods; penalty. (a) An employee and employer may agree in an annual initial contract of employment to monthly pay periods when the employer s hall pay the employee for all labor performed or services rendered. Otherwise, the employer shall establish monthly or semi -monthly pay periods, at the election of the employee. (b) If the employment is terminated, all wages, salaries or other compensation for labor or services become due immediately and shall be paid within the time required by this subsection at the place where the employee is usually paid or at a location agreed upon by the employer and employee. If the employment is terminated by the employ er, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular payday that is at least three days after the employer recei ved notice of the employee™s termination of services. (c) [Repealed, § 2 ch 19 SLA 1971.] (d) If an employer violates (b) of this section by failing to pay within the time required by that subsection, the employer may be required to pay the employee a penalty in the amount of the employee’s regular wage, salary or other compensation from the time of demand to the time of payment, or for 90 working days, whichever is the lesser amount. (e) In an action brought by the department under this section, an employer found liable for failing to pay wages within the time required by (b) of this section shall be required to pay the penalty set out in (d) of this section. The amount of the penalty shall be calculated based on the employee™s straight time rate of pay for an eight -hour day. (f) In an action brought for unpaid overtime under AS 23.10.060 that results in an award of liquidated damages under AS 23.10.110, the provisions of (d) of this section do not apply unless the action was brought by the department under (e) of this section. (§43-2- 11 ACLA 1949; am § 2 ch 34 SLA 1949; am § 1 ch118 SLA 1959; am §§ 1, 2 ch 19 SLA 1971; am §§ 1, 2 ch11 SLA 1976; am § 1 ch 47 SLA 1983; am §§ 3 Œ 5 ch 48 SLA 2000; am § 17 ch 3 SLA 2017) Sec. 23.05.160. Notice of wage payments. An employ er shall notify an employee in writing at the time of hiring of the day and place of payment, and the rate of pay, and of any change with respect to these items on the payday before the time of change. An employer may give this notice by posting a statemen t of the facts, and keeping it posted conspicuously at or near the place of work where the statement can be seen by each employee as the employee comes or goes to the place of work. (§43 -2- 11(a) ACLA 1949; am § 2 ch 34 SLA 1949) Sec. 23.05.170. Wages ea rned before strike, lockout or layoff. An employee who goes on strike, or is temporarily laid off or subjected to an employer lockout during a pay period shall receive the portion of compensation earned on or before the next regular payday established as required in this chapter. (§ 43-2- 11(b) ACLA 1949; am § 2 ch 34 SLA 1949) Sec. 23.05.180. Wages in dispute. (a) If the amount of wages is in dispute, the employer shall give written notice to the employee of the wages, or part of the wages, that the employer concedes to be due, and shall pay that amount, without condition, within the time set by this chapter. The employee retains all remedies that the employee might otherwise be entitled to, including those provided under this chapter or AS 23.10, to any balance claimed. (b) The acceptance by an employee of a payment under this section does not constitute a release of the balance of the claim, and a release required by an employer as a condition of payment is void. (§43 -2- 11(c) ACLA 1949; am § 2 ch 34 SLA 1949; am § 2 ch 47 SLA 1983) Sec. 23.05.190. Enforcement. The department shall (1) enforce this chapter; (2) investigate possible violations of this chapter; (3) institute actions for penalties provided in this chapter. (§43 -2- 11 ACLA 1949; am § 2 ch 34 SLA 1949) Sec. 23.05.200. Hearings on wage claims. (a) The department may hold hearings to investigate aclaim for wages. It may cooperate with an employee in the enforcement of a claim against the employer when it considers the claim just and valid. (b) The authorized representative of the department, inconducting a hearing under this chapter, may administer oaths and examine witnesses under oath, issue subpoenas to compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, evidentiary document s, and may take depositions and affidavits in a proceeding before the department at the place most convenient to both employer and employee. (c) If a person fails to comply with a subpoena or a witness refuses to testify to a matter regarding which the witness may be lawfully interrogated, the judge of a competent court may, on application by the department, compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify before it. (§43 -2- 11(d)(1) -(3) ACLA 1949; am § 2 ch 34 SLA 1949) Sec. 23.05.210. Proceedings by attorney general. The attorney general may prosecute a civil case arising under this chapter that is referred to the attorney general by the department for that purpose. (§43 -2- 11(d)(4) ACLA 1949; am § 2 ch 34 SLA 1949)
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5 Sec. 23.05.220 Sec. 23.05.280 Sec. 23.05.220. Assignment of liens and claims to department. (a) The department may take an assignment of (1) a wage claim and an incidental expense account and an advance; (2) a mechanics or other li en of an employee; (3) a claim based on a “stop order” for wages or on a bond for labor; for damages for misrepresentation of a condition of employment; against an employment agency or its bondsman; for unreturned bond money of an employee; for a penalty for nonpayment of wages; for the return of a worker’s tools in the illegal possession of another person; and for vacation pay or severance pay. (b) The department is not bound by any rule requiring the consent of the spouse of a married claimant, the filing of a lien for record before it is assigned, or prohibiting the assignment of a claim for penalty before the claim has been incurred or by any other technical rule with reference to the validity of an assignment. (c) The department may not accept an assignment of a claim in excess of the amount set out in AS 22.15.040 as the maximum amount, exclusive of costs, interest, and attorney fees, for the jurisdiction of the district court to hear an action for the payment of wages as a small claim. (§ 43 -2-11(e)(1) ACLA 1949; am § 2 ch 34 SLA 1949; am § l ch 172 SLA 1959; am § l ch 36 SLA 1965; am § 3 ch 11 SLA 1976; am § 1 ch 24 SLA 1998; am § 6 ch 48 SLA 2000) Sec. 23.05.230. Prosecution of claims. (a) The department may prosecute an action for the collection of a claim of a pers on whom it considers entitled to its services, and whom it considers to have a claim that is valid and enforceable. (b) The department may prosecute an action for the return of a worker’s tools that are in the illegal possession of another person. (c) The departme nt may join several claimants in one lien to the extent allowed by the lien laws and, in case of suit, join them in one cause of action. A bond is not required from the department in connection with an action brought as assignee under this section and AS 23.05.220. (§ 43-2-11(e)(1), (2) ACLA 1949; am § 2 ch 34 SLA 1949; am § 1 ch 172 SLA 1959) Sec. 23.05.240. Officers to execute process without security; immunity from damages; custody of property. (a) An officer, requested by the department to serve a summons, writ, complaint, order, garnishment paper, or other process within the officer’s jurisdiction, shall do it without requiring the department to furnish security or bond. (b) When the department requests an officer to seize or levy on property in an attachment p roceeding to satisfy a wage claim judgment, the officer shall do so without requiring the department to furnish security or bond. (c) The officer, in carrying out the provisions of this section, is not responsible in damages for a wrongful seizure made in good faith. (d) If anyone other than the defendant claims the right of possession or ownership to the seized property, the officer may permit the third party claimant to have the custody of property, pending determination of the court as to who has the better rig ht to possession or ownership. (§ 43 -2-11(e)(3), (4) ACLA 1949; am § 2 ch 34 SLA 1949; am § 1 ch 172 SLA 1959) Sec. 23.05.250. Witness fees of garnishee defendants. A garnishee defendant, when required to appear in court in an action brought under AS 23.05 .230, shall do so without having witness fees paid in advance. But the witness fees are included as part of the taxable costs of the action and are paid to the garnishee defendant after judgment. (§ 43 -2-11(e)(5) ACLA 1949; am § 2 ch 34 SLA 1949; am § 1 ch 172 SLA 1959) Sec. 23.05.260. Disposition of funds recovered. (a) Out of a recovery in an action under AS 23.05.220 there shall be paid first, court costs advanced by the department which shall be returned to the department’s appropriation for this purpose and second, the wage claim involved. (b) When an action is lost by the department, it shall pay costs out of money appropriated for that purpose. (§ 43-2-11(e)(5), (6) ACLA 1949; am § 1 ch 172 SLA 1959) Article 3. Violations and Penalties Section 270. Violatio ns by employer 280. Penalties Sec. 23.05.270. Violations by employer. It is a violation of this chapter for an employer to (1) hinder or unnecessarily delay the department in the enforcement of this chapter; (2) refuse to admit an authorized representative of the department to a place of employment; (3) falsify or fail to keep a record required under provisions of this chapter, or refuse to make the records accessible or to furnish a sworn statement of the records; or (4) refuse to give information required for the enforcement of this chapter, upon demand, to the department. (§ 43-1-8 ACLA 1949) Sec. 23.05.280. Penalties. A person who violates a provision of this chapter or a regulation adopted or order made under this chapter upon conviction is punishable for each offense by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both. Each day’s continuance of a violation is a separate offense. (§ 43 -1-12 ACLA 1949; § 6 ch 148 SLA 1957) Article 4. Reciprocal Agreements Section 320. Reciprocal ag reements with other states 330. Actions in courts of other states 340. Actions in this state for demands arising in other states
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