Alaska Stat. § 23.10.037 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.037
Lie-detector tests.
Status: in_force

(a) A person either personally or through an agent or representative may not request or suggest to an employee of the person or to an applicant for employment by the person or require as a condition of employment that the employee or applicant submit to an examination in which a polygraph or other lie-detecting device is used.

(b) The provisions of (a) of this section do not apply to the state or a political subdivision of the state when dealing with police officers in its employ or with persons applying to be employed as police officers. In this subsection, police officers includes officers and employees of the Department of Transportation and Public Facilities who are stationed at an international airport and have been designated to have the general police powers authorized under AS 02.15.230 (a).

(c) In this section person includes the state and a political subdivision of the state.

(d) A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both.

Article 2. Payment of Wages.
Alaska Stat. § 23.05.210 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.210
Proceedings by attorney general.
Status: in_force

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.
Alaska Stat. § 23.10.043 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.043
Deposit of wages.
Status: in_force

An employer may not deposit wages due or to become due or an advance on wages to be earned in an account in a bank, savings and loan association, or credit union unless the employee has voluntarily authorized the deposit. All deposits under this section shall be in a bank, savings and loan association, or credit union of the employee's choice.
Alaska Stat. § 23.15.550 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.550
Alaska Workforce Investment Board.
Status: in_force

(a) The Alaska Workforce Investment Board is established in the department. The board consists of the following voting members, not to exceed 26: (1) the lieutenant governor or the lieutenant governor's designee;

(2) the commissioners of commerce, community, and economic development, education and early development, health, and labor and workforce development, or each respective commissioner's designee;

(3) one representative from the University of Alaska;

(4) four additional representatives of education, with one from local public education, one from secondary vocational education, one from a postsecondary vocational education institution, and one from adult basic education;

(5) four representatives of business and industry;

(6) four representatives of organized labor whom the governor shall appoint from lists of nominees submitted by recognized state labor organizations; the governor may reject a list submitted under this paragraph and request that another list be submitted;

(7) at least one representative from an organization representing employment and training needs of Alaska Natives;

(8) at least one representative of a community-based service organization;

(9) at least one representative who has personal or professional experience with developmental disabilities;

(10) at least one veteran; in this paragraph, veteran has the meaning given in AS 43.20.048 (f);

(11) at least one and up to four additional members of the private sector to ensure a private sector majority and regional and local representation on the board.

(b) Additional nonvoting members may be appointed to the board from government or nongovernment entities.

(c) A member of the board under (a) of this section may appoint a designee to serve in place of the member. The member shall appoint the designee in writing.
Alaska Stat. § 23.05.110 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.110
Biennial report.
Status: in_force

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.
Alaska Stat. § 23.20.505 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.505
Unemployed defined.
Status: reserved

(a) An individual is considered unemployed in a week during which the individual performs no services and for which no wages are payable to the individual, or in a week of less than full-time work if the wages payable to the individual for the week are less than one and one-third times the individual's weekly benefit amount, excluding the allowance for dependents, plus $50.

(b) [Repealed, § 33 ch 115 SLA 1982.] (c) [Repealed, § 33 ch 115 SLA 1982.] (d) An individual is not considered unemployed in a week if (1) the individual is not performing services during that week because the individual is on leave from the regular employer of the individual for a period of four weeks or less; and

(2) the leave is part of a work schedule consisting of alternating periods of work and leave in which the hours of work for one complete period of work and leave average at least 40 hours per week.
Alaska Stat. § 23.15.500 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.500
Department may adopt regulations.
Status: in_force

The department may adopt regulations consistent with AS 23.15.330  23.15.520.
Alaska Stat. § 23.10.070 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.070
Exemptions from minimum wage.
Status: in_force

To the extent necessary to prevent curtailment of opportunities of employment, the commissioner may by regulations or orders provide for the employment at wages lower than the minimum wage prescribed in AS 23.10.050  23.10.150 of (1) an apprentice at the wages that are approved by the commissioner;

(2) a learner at the wages and subject to the restrictions and for the periods of time that are fixed by the commissioner; or

(3) an individual employed by a nonprofit organization for not more than 12 weeks in a calendar year at a residential summer camp who receives room and board in addition to a weekly wage that is equal to or greater than (A) 80 percent of the minimum hourly wage established under AS 23.10.065 (a), multiplied by 40 hours; or

(B) 50 percent of the minimum wage established under AS 23.10.065 (a) multiplied by the total hours worked in the week by the individual.
Alaska Stat. § 23.30.180 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.180
Permanent total disability.
Status: in_force

(a) In case of total disability adjudged to be permanent 80 percent of the injured employee's spendable weekly wages shall be paid to the employee during the continuance of the total disability. If a permanent partial disability award has been made before a permanent total disability determination, permanent total disability benefits must be reduced by the amount of the permanent partial disability award, adjusted for inflation, in a manner determined by the board. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two of them, in the absence of conclusive proof to the contrary, constitutes permanent total disability. In all other cases permanent total disability is determined in accordance with the facts. In making this determination the market for the employee's services shall be (1) area of residence;

(2) area of last employment;

(3) the state of residence; and

(4) the State of Alaska.

(b) Failure to achieve remunerative employability as defined in AS 23.30.041 (s) does not, by itself, constitute permanent total disability.
Alaska Stat. § 23.35.040 — AK Code / Title 23 / Chapter 23.35 / Section 23.35.040
Duties of commissioner and council.
Status: in_force

(a) The council shall (1) review all denials of benefits made by the person responsible for the administration of the fund; and

(2) make all initial determinations regarding claims for additional benefits under AS 23.35.140 .

(b) Under regulations adopted by the department, the commissioner shall hear all appeals from the council's denial of benefits and denials of claims for additional benefits under AS 23.35.140 . The commissioner's decision is final and may be appealed as provided under AS 44.62 (Administrative Procedure Act).
Alaska Stat. § 23.20.470 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.470
Attorney fees.
Status: in_force

(a) An attorney at law representing a claimant on appeal to the courts is entitled to reasonable counsel fees as fixed by the court and necessary court costs and printing disbursements as fixed by the court.

(b) The department shall pay the counsel fees, costs, and disbursements out of employment security administration funds in a court appeal (1) from an administrative or judicial decision favorable in whole or in part to the claimant, (2) by a claimant from a department decision which reverses a tribunal decision in the claimant's favor, (3) as a result of which the claimant is awarded benefits, or (4) by a claimant from a decision by a tribunal, the department, or court which was not unanimous.

Article 9. General Provisions.
Alaska Stat. § 23.15.040 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.040
Division of vocational rehabilitation established.
Status: in_force

The division of vocational rehabilitation is established under the commissioner to carry out AS 23.15.010  23.15.210.
Alaska Stat. § 23.35.120 — AK Code / Title 23 / Chapter 23.35 / Section 23.35.120
Cooperation with other agencies.
Status: in_force

In providing care the department shall provide the type and quality of treatment that will restore the fisherman to health and productivity, if possible. The department may enter into cooperative arrangements with agencies of the federal government, other states and territories, and private clinics and rehabilitation centers for the care and treatment of fishermen.
Alaska Stat. § 23.05.120 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.120
Cooperation with other agencies.
Status: in_force

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.
Alaska Stat. § 23.20.275 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.275
Service of process.
Status: in_force

Process for assessment and collection of contributions may be served inside and outside the state. In addition to any other method of service provided for in this chapter, service may be made by certified or registered mail.
Alaska Stat. § 23.20.279 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.279
Prohibition on relief of certain charges to an employer's account.
Status: in_force

(a) An employer's account may not be relieved of charges relating to a payment that was made erroneously from the unemployment trust fund account ( AS 23.20.135 (a)) if the department determines that (1) the erroneous payment was made because the employer or an agent of the employer was at fault for failing to respond timely or adequately to a documented request from the department for information relating to the claim for unemployment compensation; and

(2) the employer or an agent of the employer has established a pattern of failing to respond timely or adequately to requests under (1) of this subsection.

(b) In this section, (1) erroneous payment means a payment that, but for the failure by the employer or an agent of the employer with respect to the claim for unemployment compensation, would not have been made;

(2) pattern of failing means repeated documented failure by the employer or the agent of the employer to respond, taking into consideration the number of instances of failure in relation to the total volume of requests; however, an employer or an agent of the employer that fails to respond as described in (a)(2) of this section may not be determined to have engaged in a pattern of failure if the number of failures during the year before the request is made is fewer than two or the percentage of failures is less than two percent.

Article 4. Experience Rating.
Alaska Stat. § 23.10.040 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.040
Payment of wages in state.
Status: reserved

(a) Except as otherwise provided by AS 37.25.050 , an employer of labor performing services in this state shall pay the wages or other compensation for the services with lawful money of the United States or with negotiable checks, drafts, or orders payable upon presentation without discount by a bank or depository inside the state.

(b) [Repealed, § 2 ch 28 SLA 1971.] (c) [Repealed, § 2 ch 28 SLA 1971.] (d) A person who violates a provision of this section is guilty of a misdemeanor.
Alaska Stat. § 23.15.585 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.585
Administration.
Status: in_force

(a) The governor shall appoint the executive director for the Alaska Workforce Investment Board. The department shall provide professional, technical, and administrative staff for the Alaska Workforce Investment Board.

(b) Subject to legislative appropriations, and in accordance with AS 37.07 (Executive Budget Act), the board's budget is funded from programs for which the board is the lead state planning and coordinating entity under AS 23.15.575 .
Alaska Stat. § 23.10.067 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.067
Utilization of paid sick leave benefit.
Status: in_force

The paid sick leave benefit required under AS 23.10.066 may be utilized as follows: (1) employees shall be permitted to use paid sick leave for: (A) an employee's mental or physical illness, injury, or health condition; the employee's need for medical diagnosis, care, or treatment; or the employee's need for preventative medical care;

(B) care or assistance to the employee's family member relating to the needs described in (A) of this paragraph; family member means an immediate family member as defined pursuant to AS 39.52.960 (11); a domestic partner; a foster child, legal ward, or person to whom the employee stands in loco parentis; a foster parent, adoptive parent, legal guardian, or a person who stood in loco parentis when the employee was a minor child; or any other individual related by blood or whose close association is the equivalent of a family relationship; or

(C) absences necessary due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee to obtain for the employee or a family member: medical or psychological attention; services from a victim's aid organization; relocation or steps to secure an existing home; or legal services, including participation in any investigation or civil or criminal proceeding;

(2) when the need for paid sick leave is foreseeable, the employee shall make a good faith effort to provide notice to the employer in advance of the use of paid sick leave and make a reasonable effort to schedule use of paid sick leave in a manner that does not unduly disrupt the employer's operations;

(3) for paid sick leave of more than three consecutive workdays, an employer may require reasonable documentation that the paid sick leave has been used for a purpose covered by (1) of this section; documentation signed by a health care professional indicating that paid sick leave is or was necessary shall be considered reasonable documentation for (l)(A) or (B) of this section purposes, but an employer may not require that the documentation explain the nature or details of the illness or underlying health needs; (A) in cases of domestic violence, sexual assault, or stalking, under (1)(C) of this section, one of the following types of documentation selected by the employee shall be considered reasonable documentation: a police report; a written statement from a witness advocate affirming services from a victim's aid organization; a court document indicating relevant legal action; or a written, non-notarized statement from the employee affirming that paid sick leave was taken for a qualifying purpose of (l)(C) of this section;

(B) unless otherwise required by law, an employer may not require disclosure of the details of an employee's or an employee's family member's health or safety information as a condition of providing paid sick leave under AS 23.10.066 and must treat any health or safety information regarding an employee or employee's family member as confidential medical records;

(4) paid sick leave under AS 23.10.066 may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time;

(5) an employer may not interfere with, restrain, or deny the exercise of: or the attempt to exercise, the right to paid sick leave under AS 23.10.066 ; an employer shall not: (A) engage in retaliation or discrimination, or take any other adverse action, against an employee who utilizes, or attempts to utilize, their paid sick leave;

(B) require, as a condition of an employee's taking paid sick leave under this section and AS 23.10.066 , that the employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave; or

(C) use an absence control policy that counts paid sick leave taken under AS 23.10.066 and this section as an absence that may lead to or result in retaliation or any other adverse action.
Alaska Stat. § 23.35.070 — AK Code / Title 23 / Chapter 23.35 / Section 23.35.070
Benefits.
Status: in_force

A fisherman, upon becoming disabled, is entitled to receive benefits as follows: immediately after the fisherman sustains an injury or disability arising out of an accident directly connected with operations as a fisherman, either ashore in the state or in Alaska water, or suffers an occupational disease, the fisherman is entitled to emergency treatment, transportation to the nearest place where approved medical facilities are available, medical care, and hospitalization. In this section, Alaska water means the inland and territorial water of the state and the fishery conservation zone adjacent to the state established by 16 U.S.C. 1811 (§ 101, Fisheries Conservation and Management Act of 1976).
Alaska Stat. § 23.15.620 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.620
State training and employment program.
Status: in_force

(a) A program is created in the department to provide grants to eligible persons who provide training and employment assistance services. The purpose of the program is to enhance the quality of in-state job training and employment assistance and to make in-state job training and employment assistance more easily available to employers, employees, and future employees. To foster the success of the program, the department shall, to the greatest extent feasible, combine the resources of the program with resources available outside of the program.

(b) A person who provides training and employment services may apply for a grant from the program and may use the grant to augment or improve public access to the training and employment services provided, including a registered apprenticeship program under 29 U.S.C. 50.
Alaska Stat. § 23.50.040 — AK Code / Title 23 / Chapter 23.50 / Section 23.50.040
Regulations.
Status: in_force

The attorney general may adopt regulations necessary to implement this chapter.
Alaska Stat. § 23.20.405 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.405
Assignment void; exemption of benefits.
Status: reserved

(a) An assignment, pledge, or encumbrance of a right to benefits which are or may become due or payable under this chapter is void.

(b) [Repealed, § 14 ch 62 SLA 1982.] (c) [Repealed, § 14 ch 62 SLA 1982.] (d) A waiver of an exemption provided in this section is void.

(e) Benefits paid or payable under this chapter are exempt from levy to enforce the collection of a debt as provided in AS 09.38 (exemptions).

Article 7. Extended Unemployment Compensation.
Alaska Stat. § 23.20.408 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.408
Extended benefit periods.
Status: reserved

(a) When an extended benefit period is to become effective in this state as a result of a state on indicator, or an extended benefit period is to be terminated in this state as a result of a state off indicator, the department shall make an appropriate public announcement.

(b) An extended benefit period may not begin by reason of a state on indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this state.

(c) [Repealed, § 25 ch 122 SLA 1977.] (d) [Repealed, § 33 ch 115 SLA 1982.] (e) [Repealed, § 33 ch 115 SLA 1982.] (f) Except as provided in (g)(2) of this section, there is a state on indicator for a week if the (1) rate of insured unemployment under this chapter for the period consisting of that week and the immediately preceding 12 weeks either equaled or exceeded (A) 120 percent of the average rate of insured unemployment for the corresponding 13-week period in each of the preceding two calendar years and equaled or exceeded five percent; or

(B) six percent, without regard to the rate of insured unemployment in the two previous years; or

(2) average rate of seasonally adjusted total unemployment, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the end of that week equals or exceeds (A) 6.5 percent; and

(B) 110 percent of that average for either or both of the corresponding three-month periods ending in the two preceding calendar years.

(g) There is a state off indicator for a week if, (1) for the period consisting of that week and the immediately preceding 12 weeks, there was not an on indicator under (f) of this section; or

(2) notwithstanding (f) of this section, in that week the state is otherwise eligible to participate in the emergency unemployment compensation program in 26 U.S.C. 3304; however, the department must trigger off to enable the state to participate in that program.

(h) In (f) of this section, rate of insured unemployment means the percentage derived by dividing (1) the average weekly number of individuals filing claims for regular compensation in this state for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the department on the basis of its reports to the United States Secretary of Labor, by (2) the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the close of that 13-week period. Computations required by this subsection shall be made by the department in accordance with regulations prescribed by the United States Secretary of Labor.

(i) The state is in a high unemployment period if the circumstances set out in (f)(2) of this section are present, but the average rate of seasonally adjusted total unemployment equals or exceeds eight percent.
Alaska Stat. § 23.05.125 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.125
Office of citizenship assistance.
Status: in_force

(a) The office of citizenship assistance is established in the office of the commissioner. The office shall (1) provide employment information and referrals to services for legal aliens, including employment services, such as job placement services, and information about how labor unions, administrative agencies, and court actions may be used to deal with claims or charges of job discrimination, illegal termination of employment, sexual harassment, and unsafe working conditions; and

(2) advise the commissioner on (A) improving employment opportunities for legal aliens;

(B) preventing employment discrimination against legal aliens; and

(C) cooperating with state and federal agencies to accomplish the office's mission.

(b) In this section, legal alien means an individual who resides in Alaska, is not a citizen of the United States, and is in compliance with the individual's federal visa requirements.
Alaska Stat. § 23.05.065 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.065
Fees for publications, research data, and other services.
Status: in_force

The commissioner may establish by regulation and the department may charge reasonable fees for department publications, research data, and other centralized administrative services to cover the cost of reproduction, printing, mailing, distribution, and other centralized administrative services.
Alaska Stat. § 23.05.080 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.080
Employer's records.
Status: in_force

An employer shall keep an accurate record of the name, address, and occupation 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.
Alaska Stat. § 23.10.410 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.410
Limitation on period of employment in underground mines and requirement for pay for certain work.
Status: in_force

(a) Except as provided in (d)  (f) of this section, a miner may not be employed in an underground mine or workings for more than 10 hours in 24 hours, except on a day when a change of shift is made. The 10-hour limitation applies only to work actually performed at the mine face or other place where the work is actually carried on and excludes time for meals, travel to or from the mine site, and travel between the mine portal and the mine face, whether in going on or off shift, or in going to or returning from meals. However, an employer shall pay wages for the time worked from the time the miner enters the mine at the mine portal, whether or not work is performed at the mine face or other place where the work is actually carried on, until the miner leaves the mine.

(b) If life or property is in imminent danger, the 10-hour period may be extended for the continuance of the emergency.

(c) The department may not, by regulation, impose more restrictions on the hours of work of miners than are imposed by this section. The department may issue orders and adopt regulations as necessary to carry out the purposes of this section.

(d) On application from an employer, the commissioner may grant a variance that permits employment in an underground mine or workings for more than 10 but not more than 12 hours in a 24-hour period if the commissioner finds that (1) the additional working time is permitted under the terms of a collective bargaining agreement entered into by a bargaining organization that represents workers performing the work covered by the variance; or

(2) the extension is in the best interest of resident workers of the state.

(e) If an employer intends to employ a miner for more than eight hours in 24 hours under (a) of this section, the employer shall notify the department.

(f) The department may revoke a variance granted under (d) of this section or reduce the 10-hour limitation on hours of work set in (a) of this section to eight hours if the department finds that (1) a significant violation of state or federal law has occurred at the mine relating to health and safety;

(2) the employer has not abated the hazard causing the violation after receiving notice from the commissioner and an opportunity to cure the problem;

(3) the reduction of hours of work is necessary to protect the health and safety of the miners; and

(4) the reduction of hours of work is in the best interest of the resident workers of the state.

(g) An employer that has abated a hazard that was the cause of a violation described in (f)(1) of this section may notify the department of the abatement. The department shall reinstate the variance or remove the reduction of hours, as appropriate, within 30 days after receiving the notice from the employer if the department finds that the hazard has been abated.

(h) In this section, miner (1) means a person who works in an underground mine or workings and is engaged in actual mining operations;

(2) does not include mechanics, warehousemen, electricians, and other support personnel at an underground mine or workings.
Alaska Stat. § 23.15.830 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.830
Alaska technical and vocational education program account.
Status: in_force

The Alaska technical and vocational education program account is established in the general fund. The commissioner of administration shall separately account for money collected under AS 23.15.835 that the department deposits in the general fund. The legislature may appropriate the annual estimated balance in the account to the board to implement AS 23.15.820  23.15.850. The legislature may appropriate the lapsing balance of the account to the unemployment compensation fund established in AS 23.20.130 .
Alaska Stat. § 23.20.440 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.440
Removal of appeal to department.
Status: in_force

The department may remove to itself or transfer to another appeal tribunal an appeal pending before an appeal tribunal. In an appeal removed to the department, before a fair hearing has been completed, the parties shall be given a fair hearing by the department as required by AS 23.20.410  23.20.470 with respect to proceedings before an appeal tribunal.
Alaska Stat. § 23.30.127 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.127
Appeals to commission.
Status: in_force

(a) A party in interest may appeal a compensation order issued by the board to the commission within 30 days after the compensation order is filed with the office of the board under AS 23.30.110 . The director may intervene in an appeal. If a party in interest is not represented by counsel and the compensation order concerns an unsettled question of law, the director may file an appeal to obtain a ruling on the question by the commission.

(b) An appeal is initiated by filing with the office of the commission (1) a signed notice of appeal specifying the compensation order appealed from;

(2) a statement of the grounds upon which the appeal is taken; and

(3) other material the commission may by regulation require.

(c) A cross-appeal may be initiated by filing with the office of the commission a signed notice of cross-appeal within 30 days after the decision is filed or within 15 days after service of notice of an appeal, whichever is later. The notice of cross-appeal shall specify the compensation order appealed from and the grounds upon which the cross-appeal is taken.

(d) The office of the commission may charge a fee, not to exceed $100, for filing appeals and cross-appeals, except that the office of the commission may not charge a fee if the appellant is the state or a political subdivision of the state. The commission may require an appellant to pay the costs of the transcript of hearing and the preparation of the record on appeal. The commission may require cross-appellants or intervenors to share in the costs.

(e) If a request for reconsideration of a board decision was timely filed with the office of the board, the notice of appeal must be filed within 30 days after the reconsideration decision is mailed to the parties or the date the request for reconsideration is considered denied in the absence of any action on the request, whichever is earlier.

(f) The commission may require written briefs and make other rules and orders to facilitate the business of the commission and advance the prompt, fair, and just disposition of appeals.
Alaska Stat. § 23.30.263 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.263
Immunity from civil liability for workplace safety inspections.
Status: in_force

An employer's safety inspector is not liable for civil damages for an injury to an employee of that employer resulting from an act or omission in performing or failing to perform a loss control service, a workplace safety inspection, or a safety advisory service provided in connection with an employer's workers' compensation insurance coverage, unless the act or failure to act constitutes intentional misconduct. In this section, safety inspector means (1) a carrier and an employee or agent of the carrier;

(2) a trade association of which the employer is a member; or

(3) a person providing adjusting or inspection services to an employer who is a member of an association established under AS 21.76.010 or to an employer who is self-insured under AS 23.30.090 .
Alaska Stat. § 23.15.350 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.350
Application.
Status: in_force

To obtain a permit to operate an employment agency a person shall apply to the department on forms prescribed by the department. The application must include (1) the name and address of the applicant and the street and number of the building or place where the business of the employment agency is to be conducted;

(2) the businesses or occupations engaged in by the applicant for at least two years immediately preceding the date of application; and

(3) the names and addresses of all persons financially interested in the operation of the agency.
Alaska Stat. § 23.10.135 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.135
Violations.
Status: in_force

An employer violates AS 23.10.050  23.10.150 if the employer (1) hinders or delays the commissioner or an authorized representative of the commissioner in the performance of their duties in the enforcement of AS 23.10.050  23.10.150; (2) refuses to admit the commissioner or an authorized representative to any place of employment; (3) fails to keep or falsifies a record required under the provisions of AS 23.10.050  23.10.150; (4) refuses to make a record accessible, or to furnish a sworn statement of the record, or to give information required for the enforcement of AS 23.10.050  23.10.150, upon demand, to the commissioner or an authorized representative; (5) fails to post an abstract of AS 23.10.050  23.10.150 as required by AS 23.10.105 ; (6) discharges or in any other manner discriminates against an employee because the employee has filed a complaint, or has instituted or caused to be instituted any proceeding under or related to AS 23.10.050  23.10.150, or has testified or is about to testify in such a proceeding.
Alaska Stat. § 23.15.315 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.315
Fees.
Status: in_force

(a) The committee may charge a fee for attendance at a conference, workshop, or similar event conducted by the committee, based on the estimated cost to the committee of organizing and holding the event.

(b) The receipt and expenditure by the committee of fees authorized by this section is subject to AS 23.15.300 .
Alaska Stat. § 23.15.490 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.490
Prohibited acts.
Status: in_force

An employment agency may not (1) send out an applicant for employment without having a bona fide request from an employer;

(2) send a person to an employer for the purpose of assisting or conducting an illegitimate business or practice;

(3) place a child in employment in violation of the child labor laws;

(4) divide or offer to divide a fee with an employer;

(5) make a charge that does not conform with the schedule of fees;

(6) falsify a record of the agency;

(7) write, publish, or have published false, fraudulent, or misleading information, representation, notice, or advertisement concerning a job opportunity;

(8) send an applicant for employment to a place where a strike or lockout exists without informing the applicant of the existence of the strike or lockout.
Alaska Stat. § 23.20.401 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.401
Child support interception.
Status: in_force

(a) Notwithstanding any other provision of this chapter, an individual filing a new claim for unemployment compensation must disclose whether child support obligations as defined in (h) of this section are owed by that individual. If the individual discloses that child support obligations are owed and the individual is determined to be eligible for unemployment compensation, the department shall notify the child support services agency of the Department of Revenue that the individual has been determined to be eligible for unemployment compensation.

(b) The department shall, unless the obligor and obligee agree otherwise, deduct and withhold from unemployment compensation payable to an individual who owes child support obligations as defined in (h) of this section (1) the amount specified by the individual to the department to be deducted and withheld under this subsection, if neither (2) nor (3) of this subsection is applicable;

(2) the amount specified in an agreement submitted to the department under 42 U.S.C. 654(19)(B)(i) (sec. 454(19)(B)(i), Social Security Act), by the child support services agency of the Department of Revenue, unless (3) of this subsection is applicable; or

(3) any amount required to be deducted and withheld through legal process, as defined in 42 U.S.C. 662(e) (Sec. 462(e), Social Security Act), properly served upon the department.

(c) The child support services agency may order the department to deduct and withhold the allowance paid for a dependent minor child under AS 23.20.350 (f), if the child support services agency finds that the individual claiming the allowance has a support obligation to the child and the child is not in the physical custody of the individual and is dependent on the individual for more than 50 percent of support.

(d) The department shall pay an amount deducted and withheld under (b) and (c) of this section to the child support services agency of the Department of Revenue.

(e) An amount deducted and withheld under (b) and (c) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by that individual to the child support services agency of the Department of Revenue in satisfaction of the individual's child support obligations.

(f) In (a)  (e) of this section, unemployment compensation means compensation payable under this chapter, including amounts payable under an agreement under a federal law providing for compensation, assistance, or allowances with respect to unemployment.

(g) This section applies only if appropriate arrangements have been made for reimbursement by the child support services agency of the Department of Revenue for the administrative costs incurred by the department under this section.

(h) In this section, child support obligations includes only obligations that are being enforced under a plan described in 42 U.S.C. 654 (§ 454, Social Security Act), which has been approved by the United States Secretary of Health and Human Services under 42 U.S.C. 651-665 (Part D of Title IV of the Social Security Act).
Alaska Stat. § 23.20.376 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.376
Base period extension and limitation.
Status: in_force

(a) If the department finds that during the individual's base period an individual has been incapable of work during the greater part of the individual's working time in a calendar quarter, the base period shall be extended a calendar quarter subject to the limitation set out in (b) of this section. The extension of an individual's base period may not exceed four calendar quarters.

(b) The maximum benefits payable as a result of the use of wages earned in a calendar quarter before the individual's current base period as defined in AS 23.20.520 shall be reduced by the amount of benefits paid previously as a result of the use of wages in computing a previous benefit determination.
Alaska Stat. § 23.20.486 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.486
Participation in the federal offset program.
Status: in_force

In addition to any remedies authorized by this chapter, the department may offset any covered unemployment compensation debt against a claimant's federal income tax refund in accordance with 26 U.S.C. 6402.
Alaska Stat. § 23.30.022 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.022
False statements by employee.
Status: in_force

An employee who knowingly makes a false statement in writing as to the employee's physical condition in response to a medical inquiry, or in a medical examination, after a conditional offer of employment may not receive benefits under this chapter if (1) the employer relied upon the false representation and this reliance was a substantial factor in the hiring; and

(2) there was a causal connection between the false representation and the injury to the employee.
Alaska Stat. § 23.30.121 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.121
Presumption of coverage for disability from diseases for certain firefighters.
Status: in_force

(a) There is a presumption that a claim for compensation for disability as a result of the diseases described in (b) of this section for the occupations listed under (b) of this section is within the provisions of this chapter. This presumption of coverage may be rebutted by a preponderance of the evidence. The evidence may include the use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities.

(b) For a firefighter covered under AS 23.30.243 , (1) there is a presumption that a claim for compensation for disability as a result of the following diseases is within the provisions of this chapter: (A) respiratory disease;

(B) cardiovascular events that are experienced within 72 hours after exposure to smoke, fumes, or toxic substances; and

(C) the following cancers: (i) primary brain cancer;

(ii) malignant melanoma;

(iii) leukemia;

(iv) non-Hodgkin's lymphoma;

(v) bladder cancer;

(vi) ureter cancer;

(vii) kidney cancer;

(viii) prostate cancer; and

(ix) breast cancer;

(2) notwithstanding AS 23.30.100 (a), following termination of service, the presumption established in (1) of this subsection extends to the firefighter for a period of three calendar months for each year of requisite service but may not extend more than 60 calendar months following the last date of employment;

(3) the presumption established in (1) of this subsection applies only to an active or former firefighter who has a disease described in (1) of this subsection that develops or manifests itself after the firefighter has served in the state for at least seven years and who (A) was given a qualifying medical examination upon becoming a firefighter that did not show evidence of the disease;

(B) was given an annual medical exam during each of the first seven years of employment that did not show evidence of the disease; and

(C) with regard to diseases described in (1)(C) of this subsection, demonstrates that, while in the course of employment as a firefighter, the firefighter was exposed to a known carcinogen, as defined by the International Agency for Research on Cancer or the National Toxicology Program, and the carcinogen is associated with a disabling cancer.

(c) The presumption set out in this section applies only to a firefighter who, at a minimum, holds a certificate as a Firefighter I by the Department of Public Safety under firefighter testing and certification standards established by the department under authority of AS 18.70.350 (1) or other applicable statutory authority.

(d) The provisions of (b)(1)(A) and (B) of this section do not apply to a firefighter who develops a cardiovascular or lung condition and who has a history of tobacco product use as established under (e)(2) of this section.

(e) The department shall, by regulation, define (1) for purposes of (b)(1)  (3) of this section, the type and extent of the medical examination that is needed to eliminate evidence of the disease in an active or former firefighter; and

(2) for purposes of (d) of this section, the nature and quantity of a person's tobacco product use; the standards adopted under this paragraph shall use or be based on existing medical research.

(f) In this section, firefighter means (1) a person employed by a state or municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal; or

(2) a person registered for purposes of workers' compensation with the state fire marshal as a member of a volunteer fire department.
Alaska Stat. § 23.30.129 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.129
Judicial review of commission orders.
Status: in_force

(a) Notwithstanding the provisions of AS 44.62.560 , orders of the commission may not be appealed to the superior court. Consistent with AS 22.05.010 (b), final decisions of the commission may be appealed to the supreme court, and other orders may be reviewed by the supreme court as provided by the Alaska Rules of Appellate Procedure.

(b) A finding by the commission concerning the weight to be accorded a witness's testimony, including medical testimony and reports, is conclusive even if the evidence is conflicting or susceptible to contrary conclusions. The commission's findings of fact may be reversed on appeal if not supported by substantial evidence in light of the whole record.
Alaska Stat. § 23.35.030 — AK Code / Title 23 / Chapter 23.35 / Section 23.35.030
Commissioner or designee as chair.
Status: in_force

The commissioner of labor and workforce development or the person designated by the commissioner serves as the chair of the council.
Alaska Stat. § 23.20.354 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.354
State interim benefits.
Status: in_force

(a) There is established a state interim benefits program. State interim benefits are payable only to the extent that money is appropriated from the general fund for that purpose.

(b) An individual who has otherwise satisfied the requirements of this chapter for the receipt of regular benefits is eligible for state interim benefits if (1) the individual's weekly benefit amount payable under this chapter is reduced or denied under AS 23.20.381 (h); or

(2) the individual is a noncertificated individual who provides compensated service to a school district for teaching Indigenous languages and the individual's weekly benefit amount payable under this chapter is reduced or denied under AS 23.20.381 (e).

(c) The amount of state interim benefits payable to an individual for a week is equal to the difference between the individual's weekly benefit amount, including the dependents allowance, established under AS 23.20.350 and the individual's weekly benefit amount, including the dependents allowance, payable for that week under AS 23.20.381 (e) or 23.20.381(h). The total amount of state interim benefits paid may not exceed the total amount of regular benefits denied solely under AS 23.20.381 (e) or 23.20.381(h).

(d) State interim benefits are subject to reduction, disqualification, recoupment, and offset in the same manner as regular benefits under this chapter.

(e) Extended, additional, or supplemental benefits of any kind are not payable on the basis of a claim for, or the payment of, state interim benefits. State interim benefits may not be used to supplement a reduction or denial of extended, additional, or supplemental benefits.
Alaska Stat. § 23.40.245 — AK Code / Title 23 / Chapter 23.40 / Section 23.40.245
Postsecondary student involvement in collective bargaining.
Status: in_force

(a) When a bargaining unit includes members of the faculty or other employees of a public institution of postsecondary education, the public employer and the representative of the bargaining unit shall permit student representatives of that institution to (1) attend and observe all meetings between the public employer and the representative of the bargaining unit which are involved with collective bargaining;

(2) have access to all documents pertaining to collective bargaining exchanged by the employer and the representative of the bargaining unit, including copies of transcripts of the meetings.

(b) Student representatives may not disclose information concerning the substance of collective bargaining obtained in the course of their activities under (a) of this section, unless that information is released by the employer or the representative of the bargaining unit.

(c) For the purpose of this section, the students of the institution involved in negotiations shall select their representatives from the institution directly involved in negotiations.

(d) When the institutions are negotiating with bargaining units representing more than one major geographic area of the state, the student representatives shall be from those areas. No more than three student representatives may attend meetings at any time.
Alaska Stat. § 23.20.340 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.340
Determination of claims.
Status: reserved

(a) An examiner designated by the department shall take the claim. The examiner shall take all evidence pertaining to the eligibility of the claimant and shall promptly transmit all evidence to the department. The department, or a representative designated by it for the purpose, shall, on the basis of the evidence submitted and any additional evidence it requires, make an initial determination of the claim as to whether the claimant is eligible for benefits under AS 23.20.350 and an initial determination of the weekly benefit amount and the maximum potential benefit amount.

(b) Within one year from the date of the initial determination of the weekly benefit amount and the maximum potential benefit amount established under AS 23.20.350 , the department shall reconsider the determination or any subsequent determination under this chapter and shall issue a redetermination amending the determination if the department finds that (1) an error in computation or identity has been made;

(2) additional wages or other facts pertinent to the claimant's insured status or eligibility for benefits have become available;

(3) the determination resulted from a nondisclosure or misrepresentation of a material fact; or

(4) the determination resulted from a misapplication of law by the department.

(c) The claimant shall be promptly notified of the initial determination or a subsequent redetermination and the reasons for it.

(d) Unless the claimant is determined to be disqualified for benefits under AS 23.20.360 , 23.20.362, 23.20.375, 23.20.378  23.20.387, or 23.20.505, benefits shall be promptly paid in accordance with the initial determination or subsequent redetermination.

(e) The claimant may file an appeal from an initial determination or a redetermination under (b) of this section not later than 30 days after the claimant is notified in person of the determination or redetermination or not later than 30 days after the date the determination or redetermination is mailed to the claimant's last address of record. The period for filing an appeal may be extended for a reasonable period if the claimant shows that the application was delayed as a result of circumstances beyond the claimant's control.

(f) If a determination of disqualification under AS 23.20.360 , 23.20.362, 23.20.375, 23.20.378  23.20.387, or 23.20.505 is made, the claimant shall be promptly notified of the determination and the reasons for it. The claimant and other interested parties as defined by regulations of the department may appeal the determination in the same manner prescribed in this chapter for appeals of initial determinations and redeterminations. Benefits may not be paid while a determination is being appealed for any week for which the determination of disqualification was made. However, if a decision on the appeal allows benefits to the claimant, those benefits must be paid promptly.

(g) [Repealed, § 80 ch 9 SLA 1980.]
Alaska Stat. § 23.20.020 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.020
Maintenance and protection of fund.
Status: in_force

If possible, there shall be provided in the fund a reserve against the liability in future years to pay benefits. Whenever the department believes that a change in contribution or benefit rates is necessary to protect the solvency of the fund, it shall promptly inform the governor and the legislature, and make recommendations with respect to a change.
Alaska Stat. § 23.05.170 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.170
Wages earned before strike, lockout, or layoff.
Status: in_force

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.
Alaska Stat. § 23.20.065 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.065
Subpoenas.
Status: in_force

In case of contumacy, or refusal to obey a subpoena issued to any person, the superior court may, upon application by the department, issue an order requiring the person to appear before the department to produce evidence if ordered, or to give testimony touching the matter under investigation or in question. Failure to obey the order of the court is punishable as contempt.
Alaska Stat. § 23.20.248 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.248
Injunctive relief.
Status: in_force

(a) If an employer does not deposit and keep on deposit the security required by the department under AS 23.20.247 , the department, through the attorney general, may bring an action in superior court to enjoin the employer from operating any business as an employer within the state until (1) the employer is current on all final assessments, including interest and penalties made under this chapter; and

(2) if requested, the employer deposits and keeps on deposit the security described in AS 23.20.247 to protect against future failures and to comply with this chapter.

(b) The department may not seek injunctive relief under (a) of this section until the department has given the employer at least 30 days to comply with an order relating to security under AS 23.20.247 .

(c) The department may not be required to post a bond for injunctive relief under this section.
Alaska Stat. § 23.30.092 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.092
Volunteer ambulance attendants', police officers', firefighters', and search and rescue personnel's insurance.
Status: in_force

A political subdivision may elect to provide benefits and compensation to its volunteer ambulance attendants, police officers, firefighters, or search and rescue personnel by obtaining insurance that would provide its volunteer ambulance attendants, police officers, firefighters, or search and rescue personnel with benefits and compensation at least equivalent to those conferred upon volunteer ambulance attendants, police officers, firefighters, or search and rescue personnel by this chapter, and the election shall be considered compliance with the coverage and insurance provisions of this chapter. The election shall be made by filing copies of the insurance policy or policies with the commissioner.
Alaska Stat. § 23.15.370 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.370
Investigation of applicant.
Status: in_force

Upon application for a permit, the department may make an investigation as to the character and responsibility of the applicant and the premises where the applicant proposes to conduct the business.
Alaska Stat. § 23.25.020 — AK Code / Title 23 / Chapter 23.25 / Section 23.25.020
Contributory negligence not a defense.
Status: in_force

In an action against a master or employer under AS 23.25.010 the fact that the employee may have been guilty of contributory negligence does not bar a recovery where the employee's contributory negligence was slight and the negligence of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to the employee. All questions of negligence and contributory negligence are for the jury.
Alaska Stat. § 23.30.090 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.090
Self-insurance certificates.
Status: in_force

If an employer has complied with the provisions of this chapter relating to self-insurance and has paid annual service fees assessed under AS 23.05.067 , the board shall issue the employer a certificate that shall remain in force for a period fixed by the board. The board may, upon at least 10 days' notice and a hearing, revoke a self-insurance certificate upon satisfactory proof that an employer is no longer entitled to it. After revocation, the board may grant a new certificate to an employer, upon the employer's petition and satisfactory proof of the employer's financial ability as provided in this chapter. An employer authorized as a self-insurer shall provide claims facilities through its own staffed adjusting facilities located within the state, or independent, licensed, resident adjusters with power to effect settlement within the state.
Alaska Stat. § 23.10.360 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.360
Regulations for minimum standards and work opportunities.
Status: in_force

(a) The department may, from time to time after public notice and hearing, adopt regulations and issue orders establishing minimum standards for safety, working conditions, kind and extent of work in various phases of the respective fields of employment, maximum hours for the day and week, and minimum rates of pay, and other reasonable safeguards compatible with the welfare of all minors covered by AS 23.10.325  23.10.370.

(b) The department shall make cooperative arrangements with other state and federal agencies and shall adopt the regulations that are necessary to provide opportunities for work experience in safe and healthful occupations for minors.

(c) The department shall, after notice and hearing, adopt regulations authorizing the employment of minors under 18 years of age and exempting appropriate employers from the requirement to secure the commissioner's written authorization under AS 23.10.332 (a).
Alaska Stat. § 23.15.050 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.050
Director of vocational rehabilitation.
Status: in_force

The commissioner shall appoint a director of the division of vocational rehabilitation. The director has the administrative authority delegated by the commissioner and necessary to carry out AS 23.15.010  23.15.210 and the regulations and policies adopted by the commissioner.
Alaska Stat. § 23.20.075 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.075
Acquisition of land and buildings.
Status: in_force

(a) The department may acquire in the name of the state by term purchase agreements based on competitive bids in accordance with AS 36.30 (State Procurement Code) land and buildings upon terms and conditions that are approved by the Bureau of Employment Security of the United States, or its successor, for the purpose of providing office space for the department at a place which the department finds necessary and suitable.

(b) An agreement made for the purchase of premises is subject to the approval of the attorney general and does not subject the state to liability for the payment of the purchase price, except from money which is allocated to the state by the United States Bureau of Employment Security or its successor for the administration of this chapter.

(c) All money received from the United States for the payments authorized in this section for land and buildings shall be deposited in the employment security administration fund in the state treasury and is appropriated from that fund for purposes of this chapter.

(d) It is the policy of this state that if premises are purchased under this chapter, the department shall be housed in the premises without further payment by the United States, except for general maintenance, utilities, and janitorial services, or if, in the future, it is desirable to move the offices, other suitable similar space will be furnished by the state without further payment for the space by the United States, except for general maintenance, utilities, and janitorial services.
Alaska Stat. § 23.05.260 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.260
Disposition of funds recovered.
Status: in_force

(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.

Article 3. Violations and Penalties.
Alaska Stat. § 23.05.200 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.200
Hearings on wage claims.
Status: in_force

(a) The department may hold hearings to investigate a claim 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, in conducting 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, and evidentiary documents, 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.
Alaska Stat. § 23.20.520 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.520
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) American vessel means a vessel documented or numbered under the laws of the United States, or a vessel not documented or numbered under the laws of the United States nor documented under the laws of a foreign country, if its crew performs service solely for one or more citizens or residents of the United States or corporations organized under the laws of the United States or of a state;

(2) average annual wage means the amount determined by dividing the total wages paid by covered employers during a 12-month period by the average monthly employment reported by covered employers for the same period;

(3) base period means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year, except that, if an individual would not otherwise be eligible for unemployment compensation because of the use of a base period that does not include the most recently completed calendar quarter immediately preceding the first day of an individual's benefit year, base period means, and eligibility shall be determined using, the four most recently completed calendar quarters before the start of the benefit year;

(4) benefit year means a period of 52 consecutive weeks beginning at 12:00 a.m. of the Sunday preceding the day that an insured worker first files a request for determination of the worker's insured status, and, thereafter, the period of 52 consecutive weeks beginning at 12:00 a.m. of the Sunday preceding the day that the insured worker next files the request after the end of the worker's last preceding benefit year; however, for a worker covered by this paragraph, benefit year also means a period of 53 weeks if the filing of a request for determination would result in overlapping any quarter of the base year of a previously filed request for determination; the filing of a notice of unemployment is considered a request for determination of insured status if a current benefit year has not previously been established;

(5) benefits means the money payments payable to an individual, as provided in this chapter with respect to the individual's unemployment;

(6) calendar quarter means the period of three consecutive calendar months ending March 31, June 30, September 30, or December 31;

(7) claimant means an individual who has filed a request for a determination of insured status, a notice of unemployment, a certification for waiting-week credit, or a claim for benefits;

(8) contribution and payment in place of contribution mean the money payment to be made to the fund, which payments are taxes due to the state;

(9) covered unemployment compensation debt means (A) a past due debt for erroneous payment of unemployment compensation under this chapter because of fraud or the person's failure to report earnings that has become final under this chapter and that remains uncollected;

(B) contributions due to the unemployment trust fund account ( AS 23.20.135 (a)) for which a person is liable and that remain uncollected; and

(C) any penalties and interest assessed on the debt;

(10) employer means (A) an employing unit which for some portion of a day within the calendar year has or had in employment one or more individuals; and

(B) for the effective period of its election under AS 23.20.325 , an employing unit which has elected to become subject to this chapter;

(11) employing unit means one or more departments or other agencies of the state, a political subdivision of the state, a federally recognized tribe, an individual, or a type of organization, partnership, association, trust, estate, joint trust company, insurance company, or domestic or foreign corporation, or the receiver, referee in bankruptcy, trustee, or successor of one of these, or the legal representative of a deceased person, that has or had one or more individuals performing service for it in the state; an individual performing services in the state for an employing unit that maintains two or more separate establishments in the state is considered as employed by a single employing unit for the purposes of this chapter; notwithstanding any provision in this chapter, any employing unit that employs individuals whose services must be covered by the unemployment insurance laws of this state as a condition of approval of the unemployment insurance laws of this state under 26 U.S.C. 3304(a) (Internal Revenue Code of 1954), as amended, will be considered an employer as to those individuals and is subject to contributions on all wages paid or reimbursement payments to cover benefits paid based on services performed, depending on the applicable law;

(12) employment office means a free public employment office or branch of one operated by this state or another state or territory as a part of a state-controlled system of public employment offices or by a federal agency or an agency of a foreign government charged with the administration of an unemployment insurance program or of free public employment offices;

(13) federally recognized tribe (A) means a tribe that is recognized by the United States Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act of 1994);

(B) includes any subdivision, subsidiary, or business enterprise wholly owned by a federally recognized tribe;

(14) fund means the unemployment compensation fund established by this chapter;

(15) hospital means any institution primarily engaged in the treatment of emotional or physical disability which provides, on a regular basis, 24-hour-a-day bed care under the supervision of licensed medical personnel and those components, of other institutions, which are primarily engaged in the treatment of emotional or physical disability and which provide, on a regular basis, 24-hour-a-day bed care under the supervision of licensed medical personnel;

(16) institution of higher education means an educational institution that (A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of a high school graduation certificate;

(B) is legally authorized in the state in which it is located to provide a program of education beyond high school;

(C) provides an educational program for which it awards a bachelor's or higher degree, or provides a program that is acceptable for full credit toward either degree, a program of postgraduate or postdoctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and

(D) is operated by a federally recognized tribe or is a public or other nonprofit institution;

(17) insured work means employment for employers;

(18) insured worker means an individual who, with respect to a base period, meets the wage and employment requirements of AS 23.20.350 ;

(19) municipal agency means an agency of a municipality of the state; in this paragraph, municipality has the meaning given in AS 29.71.800 ;

(20) state includes the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands;

(21) vocational training or retraining course means a course of vocational or technical training or retraining in schools or classes, including field or laboratory work and related remedial or academic instruction, which is conducted as a program designed to prepare individuals for employment in trades, skills, or crafts; the term vocational training or retraining course does not include a program of instruction for an individual, including a transfer credit program of instruction given at a community college, which is intended as credit for a degree from an institution of higher education;

(22) waiting week means the first week of unemployment for which an individual files a claim during the individual's benefit year and for which no disqualification is imposed under AS 23.20.360 , 23.20.362, 23.20.375, and 23.20.378  23.20.387;

(23) week means the period of seven consecutive days which the department may by regulations prescribe.
Alaska Stat. § 23.30.244 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.244
Emergency and disaster relief forces as state employees.
Status: in_force

(a) A resident of this state temporarily engaged as a civilian volunteer in an emergency or a disaster relief function in another state or country who suffers injury or death during the course and within the scope of providing emergency or disaster relief aid is considered an employee of this state for purposes of this chapter if, at the time of the injury or death, the volunteer (1) is an active roster civilian volunteer member of a state-certified emergency force and is registered with the state division of homeland security and emergency management in the Department of Military and Veterans' Affairs;

(2) is providing services under AS 26.23.136 during an emergency or disaster; and

(3) is not otherwise covered for that injury or death by an employer's workers' compensation insurance policy or self-insurance certificate.

(b) A resident of this state temporarily engaged as a civilian volunteer in a disaster emergency relief function in this state who suffers injury or death during the course and within the scope of providing disaster emergency relief aid is considered an employee of the state for purposes of this chapter if, at the time of the injury or death, the volunteer (1) is an active roster civilian volunteer member of an emergency service organization whose services were requested by the division of homeland security and emergency management in the Department of Military and Veterans' Affairs;

(2) is providing services requested by the Department of Military and Veterans' Affairs during a disaster emergency declared under AS 26.20.040 or AS 26.23.020 ;

(3) is not an employee of an agency of the United States, this state, or a political subdivision of this state; and

(4) is not otherwise covered for that injury or death by an employer's workers' compensation insurance policy or self-insurance certificate.

(c) The gross weekly earnings for a resident of this state temporarily engaged as a civilian volunteer under this section are the minimum gross weekly earnings paid to an employee employed by this state to perform equivalent work, or, if an employee is not employed by this state to perform equivalent work, the state average weekly wage, but the gross weekly earnings for calculating compensation may not be less than the minimum wage computed on the basis of 40 hours of work a week.
Alaska Stat. § 23.10.100 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.100
Employer to keep records.
Status: in_force

(a) An employer shall keep for a period of at least three years at the place where an employee is employed a record of the name, address, and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each workweek by each employee, and other payroll information that the commissioner may require.

(b) The commissioner or an authorized representative of the commissioner may copy the employer's records at any reasonable time. An employer shall furnish to the commissioner or the representative on demand a sworn statement of the employer's records, and the commissioner may require that the sworn statement be made upon forms the commissioner has prescribed or approved.
Alaska Stat. § 23.30.236 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.236
Members of the organized militia as employees.
Status: in_force

(a) A member of the organized militia who has been ordered into active state service by the governor under AS 26.05.070 or ordered into training under AS 26.05.100 , and who suffers an injury, disability, or death in the line of duty, is an employee of the state for purposes of this chapter.

(b) The gross weekly earnings for members of the organized militia are calculated using the methods prescribed under AS 26.05.260 (h).
Alaska Stat. § 23.20.430 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.430
Notice of decision and time for appeal.
Status: in_force

After a hearing an appeal tribunal shall promptly make findings and conclusions and on the basis of them shall affirm, modify, or reverse the determination. Each party shall be promptly given a copy of the decision, the supporting findings, and the conclusions. This decision is final unless further review is initiated under AS 23.20.435 within 30 days after the decision is mailed to each party at the party's last address of record or delivered to the party. The period within which further review may be initiated may be extended for a reasonable period of time upon a showing that the application was delayed as a result of circumstances beyond the party's control.
Alaska Stat. § 23.90.900 — AK Code / Title 23 / Chapter 23.90 / Section 23.90.900
Definitions.
Status: in_force

In this title, (1) commissioner means the commissioner of labor and workforce development;

(2) department means the Department of Labor and Workforce Development;

(3) wages means, except for the purposes of construing AS 23.20 and AS 23.30 (A) the basic hourly rate of pay; and

(B) all other compensation to an employee for services performed, including revocable and irrevocable contributions made by an employer to a trustee or third party for the benefit of the employee and contributions which may be reasonably anticipated in providing benefits to employees under an enforceable agreement to provide medical care, compensation for death or injury, or other fringe benefits.
Alaska Stat. § 23.30.241 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.241
Special officers as employees.
Status: in_force

(a) A special officer appointed under AS 18.65.010 (a) is considered an employee under this chapter only when the person is actually traveling or working as a special officer. The weekly wage earned in the special officer's regular employment shall be used in computing the amount of compensation to be awarded. If a special officer has no regular employment, the minimum wage paid a full-time state trooper shall be used in computing the amount of compensation to be awarded.

(b) Annual appropriations to fund the coverage provided for in (a) of this section shall be provided for in the budget of the Department of Public Safety.
Alaska Stat. § 23.05.055 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.055
Electronic filing.
Status: in_force

Notwithstanding any contrary provision of the law, if the commissioner determines by order that it is in the public interest, the commissioner may authorize electronic filing of certain information with the department in a format prescribed by the department as an additional means of filing under this title. If the commissioner authorizes electronic filing, the department shall consider the electronic filing as equivalent to paper filing for purposes of compliance with other requirements of this title. Electronic filings authorized under this section are equivalent to paper filings for the purposes of civil or criminal penalties for violations of this title or AS 11 .
Alaska Stat. § 23.20.381 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.381
Other disqualifications.
Status: reserved

(a) Benefits are not payable to any individual on the basis of any services, substantially all of which consist of participation in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive seasons or similar periods of that sport or athletic event if that individual performed the services in the first of those seasons or similar periods and there is a reasonable assurance that the individual will perform the same or similar services in the second of those seasons or similar periods.

(b) Benefits are not payable on the basis of services performed by an alien unless that alien is an individual who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law, including an alien who is lawfully present in the United States as a result of the application of the provisions of 8 U.S.C. 1153 or 1182 (§§ 203(a)(7) or 212(d)(5), Immigration and Nationality Act).

(c) Benefits may not be refused under (b) of this section unless any data or information required of an individual to determine whether benefits are not payable to the individual because of the individual's alien status is uniformly required of all applicants for benefits and, in the case of an individual whose applications for benefits would otherwise be approved, determination that benefits to that individual are not payable because of the individual's alien status are made only upon a preponderance of the evidence in the record.

(d) Notwithstanding the provisions of (b) or (c) of this section, any other conditions which may be required under any amendments to 26 U.S.C. 3304(a)(14) for allowing or denying benefits to aliens as a condition of approval of the unemployment insurance laws of this state under 26 U.S.C. 3304 shall be applied in determining eligibility for benefits under this chapter, commencing on the date on which those conditions are required by federal law to be in effect.

(e) Benefits based on service in an instructional, research, or principal administrative capacity for an educational institution may not be paid to an individual for a week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual performs services in the first of those academic years or terms and if there is a contract or reasonable assurance that the individual will perform services in the same or similar capacity for an educational institution in the second of those academic years or terms.

(f) [Repealed, § 2 ch 145 SLA 1980.] (g) An individual may not receive benefits under this chapter in two successive benefit years unless (1) the individual has performed services, whether or not in employment as defined in AS 23.20.525 , after the beginning of the first benefit year; and

(2) the individual has earned wages for those services equal to at least eight times the individual's weekly benefit amount, excluding an allowance for dependents.

(h) Benefits based on services for an educational institution in other than an instructional, research, or principal administrative capacity may not be paid to an individual for a week of unemployment that begins during the period between two successive academic years or terms if the individual performed those services in the first of those academic years or terms and there is a reasonable assurance that the individual will perform those services in the second of those academic years or terms. If an individual is denied benefits for any week under this subsection and the individual is not later offered an opportunity to perform services for the educational institution in the second academic year or term, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely under this subsection.

(i) Benefits based on services described in (e) and (h) of this section may not be paid to an individual for a week that begins during an established and customary vacation period or holiday recess if the individual performs those services in the period immediately before the vacation period recess and there is a reasonable assurance that the individual will perform those services in the period immediately following the vacation period or holiday recess.

(j) Benefits based on services described in (e) and (h) of this section shall be denied under (e), (h), and (i) of this section to an individual who performed those services in an educational institution while in the employ of an educational service agency. In this subsection, educational service agency means a governmental agency, governmental entity, or federally recognized tribe that is established and operated exclusively for the purpose of providing services to one or more educational institutions.
Alaska Stat. § 23.88.010 — AK Code / Title 23 / Chapter 23.88 / Section 23.88.010
Active military, veteran, and family hiring preference allowed.
Status: in_force

(a) When hiring an employee, a private employer may grant an employment preference to (1) a person in active service, on furlough from active service, or discharged under honorable conditions from service in (A) the armed forces of the United States;

(B) a reserve unit of the armed forces of the United States;

(C) the Alaska Territorial Guard;

(D) the Alaska Army National Guard;

(E) the Alaska Air National Guard; or

(F) the Alaska Naval Militia;

(2) the spouse or dependent child of a person described in (1) of this subsection; and

(3) the surviving spouse or a dependent child of a person who, at the time of death, was a person in active service or on furlough from active service as described in (1) of this subsection.

(b) In this section, dependent child means a natural child, stepchild, or adopted child who is (1) permanently disabled; or

(2) under (A) 19 years of age; or

(B) 23 years of age and registered at and attending on a full-time basis an accredited educational or technical institution recognized by the Department of Education and Early Development.
Alaska Stat. § 23.30.195 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.195
Survival of the right to compensation.
Status: in_force

(a) Compensation to which any claimant would be entitled under AS 23.30.190 shall, notwithstanding death arising from causes other than the injury, be payable to and for the benefit of the persons following: (1) if there be a widow or widower and no child of the deceased, to the widow or widower;

(2) if there be a widow or widower and a surviving child of the deceased, one-half to the widow or widower, the other half to the surviving child;

(3) if there be a surviving child of the deceased, but no widow or widower, then to the child.

(b) An award for disability may be made after the death of the injured employee.
Alaska Stat. § 23.50.030 — AK Code / Title 23 / Chapter 23.50 / Section 23.50.030
Fee for registration of authorized third parties.
Status: in_force

(a) The attorney general shall adopt regulations that establish the amount and manner of payment of a registration fee for authorized third parties. The attorney general shall establish the fee level so that the total amount of fees collected from authorized third parties approximately equals the actual regulatory costs for the oversight of joint negotiations between physicians and health benefit plans. The attorney general shall annually review the fee level to determine whether the regulatory costs are approximately equal to fee collections. If the review indicates that the fee collections and regulatory costs are not approximately equal, the attorney general shall calculate fee adjustments and adopt regulations under this subsection to implement the adjustments. In January of each year, the attorney general shall report on the fee level and revisions for the previous year under this subsection to the office of management and budget.

(b) In this section, regulatory costs means costs of the Department of Law that are attributable to oversight of joint negotiations between physicians and health benefit plans.
Alaska Stat. § 23.05.230 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.230
Prosecution of claims.
Status: in_force

(a) The department may prosecute an action for the collection of a claim of a person 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 department 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 .
Alaska Stat. § 23.20.353 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.353
Supplemental state benefits.
Status: reserved

(a) An individual is eligible to receive supplemental state benefits for a week in which (1) the individual is an exhaustee as defined in AS 23.20.409 ;

(2) the individual has otherwise satisfied the requirements of this chapter for the receipt of regular benefits; and

(3) the individual is ineligible for extended benefits solely because of the provisions of AS 23.20.406 (k).

(b) Supplemental state benefits are paid in the same amounts, for the same periods, and under the same conditions as extended benefits under AS 23.20.406 (a)  (j) and (l) and AS 23.20.407  23.20.409.

(c) [Repealed, § 9 ch 28 SLA 1993.]
Alaska Stat. § 23.30.060 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.060
Election of direct payment presumed.
Status: in_force

(a) An employer is conclusively presumed to have elected to pay compensation directly to employees for injuries sustained arising out of and in the course of the employment according to the provisions of this chapter, until notice in writing of insurance, stating the name and address of the insurance company and the period of insurance, is given to the employee.

(b) The notice shall be posted and kept on the premises of the employer or on the premises where the employer's operations are being carried on in three conspicuous places, at the office of the employer, at the mess house or boarding house if there is one, and in some conspicuous place on the premises or works. The notice must be substantially in the following form, and the signature shall be witnessed by two witnesses:

Employer's Notice of InsuranceTo the employees of the undersigned: You and each of you are herby notified that the undersigned is insured in the Insurance Company, whose address is and that the period covered by the insurance is in accordance with the terms, conditions and provisions to pay compensation to employees of the undersigned for injuries received as provided in the Act of the State of Alaska, known as the Alaska Workers' Compensation Act.

Signed...................Witness:..........................................................................................................
Alaska Stat. § 23.30.243 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.243
Extending coverage to certain firefighters.
Status: in_force

(a) For the purposes of workers' compensation any injury, disability or death incurred by a firefighter by reason of the firefighter's participation in authorized training, proceeding to or engaging in a fire suppression or rescue operation, or the protection or preservation of life or property, anywhere in the state is considered to have arisen out of and been sustained in the course of employment, and the fire department or regularly organized volunteer fire department of the firefighter's primary employment or registration is considered to be the employer, except when the injured, at the time of injury or death, is acting for compensation from another.

(b) Nothing in this section requires the extension of benefits to a firefighter employed by a municipality which by law or regulation expressly prohibits the activity giving rise to the injury, disability, or death.
Alaska Stat. § 23.20.242 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.242
Appeals by officer, manager, member, or employee.
Status: in_force

The department shall permit each officer or employee of a corporation, member, manager, or employee of a limited liability company, or member or employee of a partnership, including a limited partnership and a limited liability partnership, who is required to pay the contributions and interest owed by the corporation, limited liability company, or partnership, including the limited partnership and the limited liability partnership, under AS 23.20.165  23.20.278 to appeal individually their duty to pay under those sections.
Alaska Stat. § 23.20.030 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.030
Director.
Status: reserved

(a) Subject to AS 23.20.035 , the department shall appoint a director. The director shall administer this chapter under the authority which the department delegates. The department may not delegate the power to adopt, amend, or rescind regulations.

(b) The department shall prescribe the divisions, subdivisions, and units of the organization to be directed by the director to carry out the purposes of this chapter. The director may require a person handling money or signing checks to give bond. The director shall have an official seal which shall be judicially noticed.

(c) [Repealed, § 59 ch 59 SLA 1982.]
Alaska Stat. § 23.20.365 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.365
Limited liability of state.
Status: in_force

Benefits are considered due and payable under this chapter only to the extent provided in this chapter and to the extent that money is available for them to the credit of the unemployment fund, and the liability of the state is limited accordingly.
Alaska Stat. § 23.30.108 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.108
Prehearings on discovery matters; objections to requests for release of information; sanctions for noncompliance.
Status: in_force

(a) If an employee objects to a request for written authority under AS 23.30.107 , the employee must file a petition with the board seeking a protective order within 14 days after service of the request. If the employee fails to file a petition and fails to deliver the written authority as required by AS 23.30.107 within 14 days after service of the request, the employee's rights to benefits under this chapter are suspended until the written authority is delivered.

(b) If a petition seeking a protective order is filed, the board shall set a prehearing within 21 days after the filing date of the petition. At a prehearing conducted by the board's designee, the board's designee has the authority to resolve disputes concerning the written authority. If the board or the board's designee orders delivery of the written authority and if the employee refuses to deliver it within 10 days after being ordered to do so, the employee's rights to benefits under this chapter are suspended until the written authority is delivered. During any period of suspension under this subsection, the employee's benefits under this chapter are forfeited unless the board, or the court determining an action brought for the recovery of damages under this chapter, determines that good cause existed for the refusal to provide the written authority.

(c) At a prehearing on discovery matters conducted by the board's designee, the board's designee shall direct parties to sign releases or produce documents, or both, if the parties present releases or documents that are likely to lead to admissible evidence relative to an employee's injury. If a party refuses to comply with an order by the board's designee or the board concerning discovery matters, the board may impose appropriate sanctions in addition to any forfeiture of benefits, including dismissing the party's claim, petition, or defense. If a discovery dispute comes before the board for review of a determination by the board's designee, the board may not consider any evidence or argument that was not presented to the board's designee, but shall determine the issue solely on the basis of the written record. The decision by the board on a discovery dispute shall be made within 30 days. The board shall uphold the designee's decision except when the board's designee's determination is an abuse of discretion.

(d) If the employee files a petition seeking a protective order to recover medical and rehabilitation information that has been provided but is not related to the employee's injury, and the board or the board's designee grants the protective order, the board or the board's designee granting the protective order shall direct the division, the board, the commission, and the parties to return to the employee, as soon as practicable following the issuance of the protective order, all medical and rehabilitation information, including copies, in their possession that is unrelated to the employee's injury under the protective order.

(e) If the board or the board's designee limits the medical or rehabilitation information that may be used by the parties to a claim, either by an order on the record or by issuing a written order, the division, the board, the commission, and a party to the claim may request and an employee shall provide or authorize the production of medical or rehabilitation information only to the extent of the limitations of the order. If information has been produced that is outside of the limits designated in the order, the board or the board's designee shall direct the party in possession of the information to return the information to the employee as soon as practicable following the issuance of the order.
Alaska Stat. § 23.35.100 — AK Code / Title 23 / Chapter 23.35 / Section 23.35.100
Transportation, hospital, nursing, medical, and surgical expenses.
Status: in_force

The department may pay out of the fund all reasonable transportation charges incurred under AS 23.35.080 and 23.35.090, including cost of returning the fisherman to the boat or home of the fisherman or to another place that reasonably meets with the fisherman's convenience, and the reasonable hospital, nursing, medical, and surgical expense incurred in the examination, treatment, and care of the fisherman.
Alaska Stat. § 23.05.100 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.100
Inspections and examination of records.
Status: in_force

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, collect 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.
Alaska Stat. § 23.10.380 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.380
Right to return transportation.
Status: in_force

(a) An employer who furnishes, finances, agrees to furnish or finance, or in any way provides transportation for a person from the place of hire to a point inside or outside the state to employ the person shall provide the person with return transportation to the place of hire from which transportation was furnished or financed, or to a destination agreed upon by the parties, with transportation to be furnished or financed (1) on or after the termination of employment for a cause considered good and sufficient by the department, beyond the control of the person, or on or after the termination of the contract of employment or a renewal of the contract; and

(2) upon the request of the person or the department made within 45 days after the termination of employment.

(b) Upon the termination of employment the subsistence of the employee may not continue longer than 10 days after the termination or until transportation is available, whichever occurs first.
Alaska Stat. § 23.15.565 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.565
Officers.
Status: in_force

The Alaska Workforce Investment Board shall elect a chair and a vice-chair from among the members listed in or appointed under AS 23.15.550 (a)(5). The chair and vice-chair serve in their positions at the pleasure of the board.
Alaska Stat. § 23.15.630 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.630
Special employee unemployment credit and contributions for program.
Status: in_force

(a) In the manner provided in AS 23.20 , the department shall collect from each employee an amount equal to one-tenth of one percent of the wages, as set out in AS 23.20.175 , on which the employee is required to make contributions under AS 23.20.290 (d). The department shall remit to the Department of Revenue, in accordance with AS 37.10.050 , money collected under this subsection.

(b) Notwithstanding AS 23.20.290 (d), the department shall credit each employee with an amount equal to the amount collected from the employee under (a) of this section against unemployment contributions owed by the employee under AS 23.20 .

(c) The department shall assess and collect, under AS 23.20.185  23.20.275, interest and penalties for delinquent reports and payments due under this section. Interest and penalties collected shall be handled in accordance with AS 23.20.130 (d).
Alaska Stat. § 23.10.405 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.405
Legislative declaration of hazard.
Status: in_force

Employment in underground coal mines, underground lode mines, underground placer mines, in underground coal, lode, or placer workings, or in all other underground mines or workings is injurious to health and dangerous to life and limb.
Alaska Stat. § 23.20.080 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.080
Federal-state cooperation.
Status: repealed

(a) In the administration of this chapter, the department shall cooperate, to the extent consistent with this chapter, with the Secretary of Labor, and shall take action through the adoption of regulations, administration methods, and standards that is necessary to obtain for this state and its citizens all advantages available under 26 U.S.C. 3303 and 3304 (Internal Revenue Code) and the Wagner-Peyser Act, as amended. The department shall comply with the regulations of the Secretary of Labor relating to the receipt or expenditure by this state of money granted under these federal laws and shall make reports in the form and containing the information which the Secretary of Labor requires. The department shall comply with the provisions which the Secretary of Labor may from time to time find necessary to assure the correctness and verification of the reports. The department may cooperate with every agency of the United States charged with the administration of an unemployment insurance law.

(b) Notwithstanding AS 23.20.330  23.20.409, after notifying the legislature and other interested parties of its intent, the department may implement an unemployment compensation program not otherwise provided for in this chapter in accordance with this subsection. A program implemented under this subsection is repealed on the date two years after the date on which it took effect unless its implementation is approved by law. The program may be implemented only if (1) the program is authorized by the United States Secretary of Labor;

(2) the governor approves the implementation in writing;

(3) the commissioner of labor and workforce development determines that the program will result in the receipt of additional federal money to carry out the purposes of this chapter and will produce a net monetary gain to the state and its people; and

(4) the implementation will not require spending money from the general fund other than money received from the federal government for the program.
Alaska Stat. § 23.20.500 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.500
Violation of statute or regulations.
Status: in_force

A person who wilfully violates a provision of this chapter or an order or regulation under it, the violation of which is made unlawful or the observance of which is required under this chapter, and for which a penalty is not prescribed in this chapter or provided by another applicable statute, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both.
Alaska Stat. § 23.15.480 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.480
Return of fees.
Status: in_force

If the applicant paying a cash fee fails to obtain employment, the agency shall, upon demand, return the amount of the fee to the applicant within 48 hours.
Alaska Stat. § 23.20.077 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.077
Application for demonstration programs.
Status: in_force

(a) The Department of Labor and Workforce Development shall pursue application with appropriate agencies to qualify this state as a pilot state for demonstration programs related to helping unemployed Alaskans regain employment, if administrative money is available to operate the project.

(b) The Department of Labor and Workforce Development may waive provisions of this chapter for individuals who participate in a demonstration project, to the extent required for the state to participate in the project.
Alaska Stat. § 23.10.015 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.015
False representations to procure employees prohibited.
Status: in_force

A person doing business in this state may not personally or through an agent induce an individual to change from one place to another in this state, or bring an individual into this state to work as an employee in this state, by means of false or deceptive representations, false advertising, or false pretenses concerning the kind and character of the work to be done, or the amount and character of the compensation to be paid for the work, or the sanitary or other conditions of employment.
Alaska Stat. § 23.30.098 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.098
Regulations.
Status: in_force

Under AS 44.62.245 (a)(2), in adopting or amending regulations under this chapter, the department may incorporate future amended versions of a document or reference material incorporated by reference if the document or reference material is one of the following: (1) Current Procedural Terminology Codes, produced by the American Medical Association;

(2) Healthcare Common Procedure Coding System, produced by the federal Centers for Medicare and Medicaid Services;

(3) International Classification of Diseases, published by the World Health Organization;

(4) Relative Value Guide, produced by the American Society of Anesthesiologists;

(5) Diagnostic and Statistical Manual of Mental Disorders, produced by the American Psychiatric Association;

(6) Current Dental Terminology, published by the American Dental Association;

(7) Resource-Based Relative Value Scale, produced by the federal Centers for Medicare and Medicaid Services;

(8) Ambulatory Payment Classifications, produced by the federal Centers for Medicare and Medicaid Services;

(9) Medicare Severity Diagnosis Related Groups, produced by the federal Centers for Medicare and Medicaid Services;

(10) International Classification of Diseases, 10th Revision, Clinical Modification, developed by the National Center for Health Statistics;

(11) Clinical Diagnostic Laboratory Services, produced by the federal Centers for Medicare and Medicaid Services;

(12) Durable Medical Equipment, Prosthetics, Orthotics, and Supplies, produced by the federal Centers for Medicare and Medicaid Services;

(13) Payment Allowance Limits for Medicare Part B Drugs, Average Sale Price, produced by the federal Centers for Medicare and Medicaid Services; or

(14) Ambulance Fee Schedule, produced by the federal Centers for Medicare and Medicaid Services.

Article 3. Compensation Proceedings.
Alaska Stat. § 23.30.242 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.242
Members of state boards and commissions as employees.
Status: in_force

(a) A member of a state board or commission is considered an employee under this chapter only while the member is actually traveling or working as a member of the board or commission. The maximum weekly wage shall be used in computing the amount of compensation to be awarded.

(b) Annual appropriations to fund the coverage provided for in (a) of this section shall be provided for in the budget of the Office of the Governor.
Alaska Stat. § 23.20.045 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.045
Regulations.
Status: in_force

The department may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to administer this chapter.
Alaska Stat. § 23.10.415 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.415
Penalties.
Status: in_force

(a) A person who, whether as principal or agent, employs a person in violation of the provisions of AS 23.10.410 is guilty of a misdemeanor, and upon a first conviction is punishable by a fine of not less than $100 nor more than $500, or by imprisonment in a jail for not less than 60 days, nor more than six months, or by both.

(b) Upon a second conviction under AS 23.10.410 , the punishment is imprisonment in a jail for not less than 60 days, nor more than one year. A second conviction under AS 23.10.410 means a conviction for a violation of AS 23.10.410 committed within a period of two years after a previous conviction for a violation of AS 23.10.410 . Other convictions are first convictions. Each day's violation of the provisions of AS 23.10.410 is a separate offense.
Alaska Stat. § 23.30.225 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.225
Social security and pension or profit sharing plan offsets.
Status: in_force

(a) When periodic retirement or survivors' benefits are payable under 42 U.S.C. 401  433 (Title II, Social Security Act), the weekly compensation provided for in this chapter shall be reduced by an amount equal as nearly as practicable to one-half of the federal periodic benefits for a given week.

(b) When it is determined that, in accordance with 42 U.S.C. 401  433, periodic disability benefits are payable to an employee or the employee's dependents for an injury for which a claim has been filed under this chapter, weekly disability benefits payable under this chapter shall be offset by an amount by which the sum of (1) weekly benefits to which the employee is entitled under 42 U.S.C. 401  433, and (2) weekly disability benefits to which the employee would otherwise be entitled under this chapter, exceeds 80 percent of the employee's average weekly wages at the time of injury.

(c) If employer contributions to a qualified pension or profit sharing plan have been included in the determination of gross earnings and the employee is receiving pension or profit sharing payments, weekly compensation benefits payable under this chapter shall be reduced by the amount paid or payable to the injured worker under the plan for any week or weeks during which compensation benefits are also payable. The amount of the reduction may not in any week exceed the increase in weekly compensation benefits brought about by the inclusion of employer contributions to a qualified pension or profit sharing plan in the determination of gross earnings.

Article 6. General Provisions.
Alaska Stat. § 23.15.410 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.410
Revocation or suspension of permit.
Status: in_force

(a) The department may revoke or suspend a permit if (1) the permittee or an agent of the permittee has violated or failed to comply with a provision of AS 23.15.330  23.15.520;

(2) the permittee has stopped being of good moral character.

(b) Before revoking or suspending a permit, the department shall notify the holder in writing of the charges and provide the permittee an opportunity to be heard in person or by counsel.
Alaska Stat. § 23.20.325 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.325
Elective coverage of excluded service.
Status: in_force

(a) A service performed for an employing unit which is excluded under the definition of employment, and with respect to which no payments are required under the employment security law of another state or of the federal government, is considered employment for all purposes of this chapter if the department approves a written election to that effect filed by the employing unit for which the service is performed, as of the date stated in the approval. The department may not approve an election unless it (1) includes all the service of the type specified in each establishment or place of business for which the election is made, and (2) is made for not less than two calendar years.

(b) A service which because of an election by an employing unit under (a) of this section is employment subject to this chapter ceases to be employment subject to the chapter as of January 1 of a calendar year after the two calendar years of the election only if not later than March 15 of the year (1) the employing unit has filed with the department a written notice to that effect, or (2) the department on its own motion has given notice of termination of coverage.
Alaska Stat. § 23.30.247 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.247
Discrimination prohibited.
Status: in_force

(a) An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits under this chapter. An employer who violates this section is liable to the employee for damages to be assessed by the court in a private civil action.

(b) This section may not be construed to prevent an employer from basing hiring, promotion, or retention policies or practices on considerations of the employee's safety practices or the employee's physical and mental abilities; nor may this section be construed so as to create employment rights not otherwise in existence.

(c) This section may not be construed to prohibit an employer from requiring a prospective employee to fill out a preemployment questionnaire or application regarding the person's prior health or disability history as long as it is meant to determine whether the employee has the physical or mental capacity to meet the documented physical or mental demands of the work.
Alaska Stat. § 23.40.205 — AK Code / Title 23 / Chapter 23.40 / Section 23.40.205
Family leave.
Status: in_force

Notwithstanding any provision of AS 23.40.070  23.40.260 to the contrary, an agreement between the employer subject to AS 39.20.500  39.20.550 and an employee bargaining organization that does not contain benefit provisions at least as beneficial to the employee as those provided by AS 39.20.500  39.20.550 shall be considered to contain the benefit provisions of those statutes.
Alaska Stat. § 23.15.280 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.280
Appointment of advisors.
Status: in_force

The division of vocational rehabilitation, the State Employment Service, the Department of Health, and other state agencies that the committee names shall each designate a staff member who shall meet with the committee and act in an advisory capacity. The federal Veterans Employment Service and the United States Department of Veterans Affairs shall each be invited to designate a member of their respective staffs to serve in this capacity with the committee. Agencies of the state shall provide the assistance to the committee that the committee requests to aid it in carrying out the purposes of AS 23.15.220  23.15.320.
Alaska Stat. § 23.15.130 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.130
Vocational rehabilitation small business enterprise revolving fund.
Status: in_force

(a) There is created in the state treasury a revolving fund designated as the vocational rehabilitation small business enterprise revolving fund. The fund shall be administered by the director.

(b) Receipts from the net proceeds of vending facilities on public property, other than vending facilities operated by a licensee, shall be paid into the fund.

(c) The commissioner of administration shall separately account for receipts under (b) of this section that are paid into the vocational rehabilitation small business enterprise revolving fund. The annual estimated receipts of the fund may be used by the legislature to make appropriations to the department to aid licensees in operating vending machine facilities.

(d) In this section net proceeds means the gross receipts from operating a vending facility less the costs of operation and a fair return to the operator, to be determined by the agency.
Alaska Stat. § 23.20.120 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.120
Examination of bank.
Status: in_force

The department may request the Comptroller of the Currency of the United States to make or have made an examination of the correctness of a return or report of a national banking association rendered under this chapter. The department may, in connection with the request, transmit the report or return to the Comptroller of the Currency of the United States as provided in 26 U.S.C. 3305(c) (Internal Revenue Code).
Alaska Stat. § 23.20.495 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.495
Noncompliance with subpoena of agency.
Status: in_force

A person who, without just cause, fails or refuses to attend and testify or to answer a lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in the person's power to do so, in obedience to a subpoena of the department, an appeal tribunal, or an authorized representative of any of them, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both. Each day the failure or refusal continues is a separate offense.
Alaska Stat. § 23.20.407 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.407
Weekly extended benefit amount; total payable.
Status: in_force

(a) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period is an amount equal to the weekly benefit amount, including the allowance for dependents, payable to the individual during the applicable benefit year.

(b) The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year is the least of the following amounts: (1) 50 percent of the total amount of regular benefits, including dependents' allowances, which were payable to the individual under this chapter in the individual's applicable benefit year;

(2) 13 times the weekly benefit amount, including dependents' allowances, which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year; or

(3) 39 times the weekly benefit amount, including dependents' allowances, which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or considered paid to the individual under this chapter with respect to the benefit year.

(c) Notwithstanding any other provision of this chapter, if the benefit year of an individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would, but for this section, be entitled to receive in the extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced by the number of weeks for which the individual received an amount as a trade readjustment allowance within the benefit year multiplied by the individual's weekly benefit amount for extended benefits. However, the extended benefits may not be reduced below zero.

(d) During a high unemployment period, as described in AS 23.20.408 (i), the total extended benefit amount payable to an eligible individual with respect to the individual's applicable benefit year equals the lowest amount calculated under the following: (1) 80 percent of the total amount of regular benefits, including dependents' allowances, that were payable to the individual under this chapter in the individual's applicable benefit year;

(2) 20 times the weekly benefit amount, including dependents' allowances, that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year; or

(3) 46 times the weekly benefit amount, including dependents' allowances, that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits that were paid or considered by the department to be paid to the individual under this chapter with respect to the benefit year.
Alaska Stat. § 23.20.170 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.170
Rate of contributions.
Status: reserved

(a) [Repealed, § 80 ch 9 SLA 1980.] (b) An employer who is not entitled to a rate determination under AS 23.20.280  23.20.310 because the employer is ineligible under AS 23.20.281 shall pay contributions at a rate equal to the average industry tax rate as determined by the commissioner. Assignment by the commissioner of employers to industrial classification, for the purposes of this subsection, shall be to the industry group code specified in the most current version of the North American Industry Classification System, United States, in accordance with established classification practices found in the most current version of the North American Industry Classification System manual prepared by the United States Office of Management and Budget.

(c) The standard rate of contributions with respect to employment is 5.4 percent of wages paid. Reductions from the standard rate may only be made under this section and AS 23.20.280  23.20.310.
Alaska Stat. § 23.20.535 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.535
Short title.
Status: in_force

This chapter may be cited as the Alaska Employment Security Act.
Alaska Stat. § 23.30.110 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.110
Procedure on claims.
Status: in_force

(a) Subject to the provisions of AS 23.30.105 , a claim for compensation may be filed with the board in accordance with its regulations at any time after the first seven days of disability following an injury, or at any time after death, and the board may hear and determine all questions in respect to the claim.

(b) Within 10 days after a claim is filed the board, in accordance with its regulations, shall notify the employer and any other person, other than the claimant, whom the board considers an interested party that a claim has been filed. The notice may be served personally upon the employer or other person, or sent by registered mail.

(c) Before a hearing is scheduled, the party seeking a hearing shall file a request for a hearing together with an affidavit stating that the party has completed necessary discovery, obtained necessary evidence, and is prepared for the hearing. An opposing party shall have 10 days after the hearing request is filed to file a response. If a party opposes the hearing request, the board or a board designee shall within 30 days of the filing of the opposition conduct a pre-hearing conference and set a hearing date. If opposition is not filed, a hearing shall be scheduled no later than 60 days after the receipt of the hearing request. The board shall give each party at least 10 days' notice of the hearing, either personally or by certified mail. After a hearing has been scheduled, the parties may not stipulate to change the hearing date or to cancel, postpone, or continue the hearing, except for good cause as determined by the board. After completion of the hearing the board shall close the hearing record. If a settlement agreement is reached by the parties less than 14 days before the hearing, the parties shall appear at the time of the scheduled hearing to state the terms of the settlement agreement. Within 30 days after the hearing record closes, the board shall file its decision. If the employer controverts a claim on a board-prescribed controversion notice and the employee does not request a hearing within two years following the filing of the controversion notice, the claim is denied.

(d) At the hearing the claimant and the employer may each present evidence in respect to the claim and may be represented by any person authorized in writing for that purpose.

(e) The order rejecting the claim or making the award, referred to in this chapter as a compensation order, shall be filed in the office of the board, and a copy of it shall be sent by registered mail to the claimant and to the employer at the last known address of each.

(f) An award of compensation for disability may be made after the death of an injured employee.

(g) An injured employee claiming or entitled to compensation shall submit to the physical examination by a duly qualified physician which the board may require. The place or places shall be reasonably convenient for the employee. The physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Proceedings shall be suspended and no compensation may be payable for a period during which the employee refuses to submit to examination.

(h) The filing of a hearing request under (c) of this section suspends the running of the two-year time period specified in (c) of this section. However, if the employee subsequently requests a continuance of the hearing and the request is approved by the board, the granting of the continuance renders the request for hearing inoperative, and the two-year time period specified in (c) of this section continues to run again from the date of the board's notice to the employee of the board's granting of the continuance and of its effect. If the employee fails to again request a hearing before the conclusion of the two-year time period in (c) of this section, the claim is denied.
Alaska Stat. § 23.15.320 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.320
Annual report to governor.
Status: in_force

The committee shall annually report its activities during the preceding year to the governor.
Alaska Stat. § 23.20.387 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.387
Disqualification for misrepresentation.
Status: in_force

(a) An insured worker is disqualified for benefits for the week with respect to which the false statement or misrepresentation was made and for an additional period of not less than six weeks or more than 52 weeks if the department determines that the insured worker has knowingly made a false statement or misrepresentation of a material fact or knowingly failed to report a material fact with intent to obtain or increase benefits under this chapter. The length of the additional disqualification and the beginning date of that disqualification shall be determined by the department according to the circumstances in each case.

(b) A person may not be disqualified from receiving benefits under this section unless there is documented evidence that the person has made a false statement or a misrepresentation as to a material fact or has failed to disclose a material fact. Before a determination of fraudulent misrepresentation or nondisclosure may be made, there must be a preponderance of evidence of an intention to defraud, and the false statement or misrepresentation must be shown to be knowing and to involve a material fact.

(c) The insured worker shall be notified of the department's determination under this section as provided in AS 23.20.340 (f) and may appeal the determination as provided in AS 23.20.415 .
Alaska Stat. § 23.20.480 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.480
Termination.
Status: repealed

(a) If the Federal Unemployment Tax Act is amended or repealed by Congress, or is held unconstitutional by the United States Supreme Court, with the result that no portion of the contributions required under this chapter may be credited against the tax imposed by the federal Act, the Department of Labor and Workforce Development shall send immediate notice of the fact to the governor of the state. Because of the danger to the welfare of the people of the state the governor may then call a special session of the legislature, if necessary, so that it may take measures to effectuate the purpose of this chapter or to end its operations.

(b) Pending the determination by the legislature, the department shall requisition from the unemployment trust fund all money in the fund to its credit. This money, together with any other money in the unemployment fund, as long as the money is available, shall be used for the payment of benefits in accordance with this chapter.
Alaska Stat. § 23.20.115 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.115
Unauthorized disclosure of information.
Status: in_force

A member of the department, an employee of the department, an agent of the department, or an officer or employee of a state, federal, municipal, or other agency that has been provided with information by the department who, in violation of AS 23.20.110 , makes a disclosure of information obtained from an employing unit or from an individual in the administration of this chapter, or a person who has obtained a list of applicants for work or of claimants or recipients of benefits under this chapter and who uses or permits the use of the list for a purpose not authorized by AS 23.20.110 is guilty of a class B misdemeanor.
Alaska Stat. § 23.35.130 — AK Code / Title 23 / Chapter 23.35 / Section 23.35.130
Duration of care.
Status: in_force

Except for compelling reasons, compensation may not be paid for the care of any one person involving a single injury or disability beyond a period of one year from the date of initial allowance.
Alaska Stat. § 23.20.320 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.320
Conclusiveness of determination.
Status: in_force

A determination of the status of an employing unit by the department under AS 23.20.315 in the absence of appeal, and a final determination of the department upon an appeal, together with the record of the proceeding are admissible in a subsequent proceeding under this chapter. If the determination is supported by substantial evidence and there is no fraud, the determination is conclusive, except as to an error of law, upon an employing unit which is a party to the proceeding.
Alaska Stat. § 23.10.330 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.330
Exempted employment.
Status: in_force

(a) AS 23.10.325  23.10.370 do not prohibit employment of a child under the direct supervision of a parent in a business owned and operated by the parent or the work of a child on a boat owned and operated by the parent of the child.

(b) Notwithstanding AS 23.10.335  23.10.350, a minor of any age may be employed as a performer in the entertainment industry. The provisions of AS 23.10.335  23.10.350 and AS 23.10.360 (a) and 23.10.360(c) concerning times, hours, or days of work do not apply to the employment of a minor as a performer in the entertainment industry. The department may adopt regulations to implement this subsection. In this subsection, a performer in the entertainment industry means a performer in advertisements and television, film, radio, and theater productions but does not include employment on the premises of a business offering any form of adult entertainment under AS 23.10.350 (f) regardless of the nature of the work performed by the minor.
Alaska Stat. § 23.20.240 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.240
Collection of delinquent contributions.
Status: in_force

(a) If after notice an employer defaults in the payment of contribution or interest, the amount due may be collected by a person authorized by law and authorized by the department, by civil action in the name of the state, or by both methods. The department shall include in the amount due the fees or costs charged the department by the person for the collection of the delinquent amount. An employer who is liable shall pay the cost of the collection, including collection fees charged, and the costs of legal action.

(b) A lien created by this chapter may be foreclosed by decree of the court in the action.

(c) The court shall hear a civil action brought under this section to collect contributions or interest at the earliest possible date and the action is entitled to preference on the calendar of the court over all other civil actions except petitions for judicial review under this chapter and cases arising under the workers' compensation laws of the state.

(d) The courts in this state shall, in the manner provided in this section, entertain actions to collect contributions or interest for which liability has accrued under the employment security law of another state if the other state has a similar provision for actions to collect contributions due this state in its employment security law.

(e) The attorney general may commence action in this state as agent for and on behalf of any other state to enforce judgments and liabilities for unemployment insurance contributions, penalties, interest, and benefit overpayments due such state which extends a like comity to this state if the requesting state agrees to pay the costs which may be assessed by the court against the plaintiff.

(f) In this section, employer as defined in AS 23.20.520 also includes an officer or employee of a corporation, a member, manager, or employee of a limited liability company, or a member or employee of a partnership, including a limited partnership and a limited liability partnership, who, as an officer, employee, manager, or member, is under a duty to pay the contributions as required by (a) of this section.
Alaska Stat. § 23.20.435 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.435
Review by department.
Status: in_force

(a) An appeal to the department by a party is a matter of right if the decision of the appeal tribunal reverses or modifies the determination of the department, or if a question arising under AS 23.20.383 is presented. In all other cases further appeal to the department is permitted only at the discretion of the department.

(b) The department on its own motion may initiate a review of a decision or determination of an appeal tribunal within 30 days after the date of the decision. The department may affirm, modify, or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted, or upon the basis of additional evidence that it may take or direct to be taken.
Alaska Stat. § 23.30.230 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.230
Persons not covered.
Status: in_force

(a) The following persons are not covered by this chapter: (1) a part-time babysitter;

(2) a cleaning person;

(3) harvest help and similar part-time or transient help;

(4) a person employed as a sports official on a contractual basis and who officiates only at sports events in which the players are not compensated; in this paragraph, sports official includes an umpire, referee, judge, scorekeeper, timekeeper, organizer, or other person who is a neutral participant in a sports event;

(5) a person employed as an entertainer on a contractual basis;

(6) a commercial fisherman, as defined in AS 16.05.940 ;

(7) an individual who drives a taxicab and whose compensation and written contractual arrangement is as described in AS 23.10.055 (a)(13), unless the hours worked by the individual or the areas in which the individual may work are restricted except to comply with local ordinances;

(8) a participant in the Alaska temporary assistance program ( AS 47.27 ) who is engaged in work activities required under AS 47.27.035 other than subsidized or unsubsidized work or on-the-job training;

(9) a person employed as a player or coach by a professional hockey team if the person is covered under a health care insurance plan provided by the professional hockey team, the coverage is applicable to both work-related and nonwork-related injuries, and the coverage provides medical and related benefits as required under this chapter, except that coverage may not be limited to two years from the date of injury as described under AS 23.30.095 (a); in this paragraph, health care insurance has the meaning given in AS 21.12.050 ;

(10) a person working as a qualified real estate licensee who performs services under a written contract that provides that the person will not be treated as an employee for federal income tax or workers' compensation purposes; in this paragraph, qualified real estate licensee means a person who is required to be licensed under AS 08.88.161 and whose payment for services is directly related to sales or other output rather than the number of hours worked;

(11) a transportation network company driver who provides a prearranged ride or is otherwise logged onto the digital network of a transportation network company as a driver; and

(12) a person employed as an independent contractor; a person is an independent contractor for the purposes of this section only if the person (A) has an express contract to perform the services;

(B) is free from direction and control over the means and manner of providing services, subject only to the right of the individual for whom, or entity for which, the services are provided to specify the desired results, completion schedule, or range of work hours, or to monitor the work for compliance with contract plans and specifications, or federal, state, or municipal law;

(C) incurs most of the expenses for tools, labor, and other operational costs necessary to perform the services, except that materials and equipment may be supplied;

(D) has an opportunity for profit and loss as a result of the services performed for the other individual or entity;

(E) is free to hire and fire employees to help perform the services for the contracted work;

(F) has all business, trade, or professional licenses required by federal, state, or municipal authorities for a business or individual engaging in the same type of services as the person;

(G) follows federal Internal Revenue Service requirements by (i) obtaining an employer identification number, if required;

(ii) filing business or self-employment tax returns for the previous tax year to report profit or income earned for the same type of services provided under the contract; or

(iii) intending to file business or self-employment tax returns for the current tax year to report profit or income earned for the same type of services provided under the contract if the person's business was not operating in the previous tax year; and

(H) meets at least two of the following criteria: (i) the person is responsible for the satisfactory completion of services that the person has contracted to perform and is subject to liability for a failure to complete the contracted work, or maintains liability insurance or other insurance policies necessary to protect the employees, financial interests, and customers of the person's business;

(ii) the person maintains a business location or a business mailing address separate from the location of the individual for whom, or the entity for which, the services are performed;

(iii) the person provides contracted services for two or more different customers within a 12-month period or engages in any kind of business advertising, solicitation, or other marketing efforts reasonably calculated to obtain new contracts to provide similar services.

(b) The exclusion of certain persons under (a) of this section may not be construed to require inclusion of other persons as employees for purposes of compensation under this chapter.

(c) In this section, (1) digital network has the meaning given in AS 28.23.180 ;

(2) on-the-job training means training provided by an employer under a formal agreement with a department of the state, or an agent of a department, for which wages are paid by the employer to a participant in the Alaska temporary assistance program ( AS 47.27 ) while the participant receives job training;

(3) prearranged ride has the meaning given in AS 28.23.180 ;

(4) subsidized work means employment, by an employer, of an Alaska temporary assistance program participant in a work placement for which the participant receives wages from the employer, subsidized by, and subject to an agreement between the employer and, a department of the state or an agent of a department; subsidized work does not include community work service, job sampling placements, or preplacement activities such as job readiness assessments, job searches, education, or vocational training;

(5) transportation network company has the meaning given in AS 28.23.180 ;

(6) transportation network company driver or driver has the meaning given in AS 28.23.180 .

(7) unsubsidized work means employment, by an employer, secured by an Alaska temporary assistance program participant, with or without the assistance of a department of the state or an agent of a department, for which the participant receives wages from the employer; unsubsidized work does not include self-employment.
Alaska Stat. § 23.10.660 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.660
Confidentiality of results; access to records.
Status: in_force

A communication received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program is a confidential and privileged communication and may not be disclosed except (1) to the tested employee or prospective employee or another person designated in writing by the employee or prospective employee;

(2) to individuals designated by an employer to receive and evaluate test results or hear the explanation of the employee or prospective employee; or

(3) as ordered by a court or governmental agency.
Alaska Stat. § 23.40.020 — AK Code / Title 23 / Chapter 23.40 / Section 23.40.020
Enforcement of certain contracts only if union registers.
Status: in_force

A labor contract executed in this state by a labor organization that has no local in this state or which contract is not to be executed by one or more of its locals in this state may not be enforced in the courts of this state unless the labor organization has registered with the department and complied with all regulations adopted by it.
Alaska Stat. § 23.20.315 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.315
Coverage determination.
Status: in_force

(a) On its own motion or on the application of an employing unit, the department shall, on the basis of facts found by it, determine whether the employing unit is an employer and whether service performed for it constitutes employment.

(b) Within one year or a longer time which the department for good cause allows, after a determination has been made under (a) of this section, the department may reconsider its determination in the light of additional evidence and make a redetermination.

(c) The department shall mail or deliver a notice of its determination made under (a) or (b) of this section to the last address of record of the employing unit affected. The notice must include a statement of the supporting facts found by the department.

(d) Within 30 days after a notice of a determination has been mailed or delivered to the last address of record of an employing unit, the employing unit may apply to the department to reconsider its determination in the light of additional evidence and to issue a redetermination. The department shall, if the request is granted, mail or deliver to the last address of record of the employing unit affected a notice of the redetermination. The notice must include a statement of the supporting facts found by the department. If the department denies the request for redetermination, it shall furnish a notice of the denial of the application.

(e) Within 30 days after a notice of a determination made under (a), (b), or (d) of this section or a denial of the application under (d) of this section has been mailed or delivered to the last address of record of an employing unit, the employing unit may appeal from the determination to the department. The department shall give the parties a reasonable opportunity for a fair hearing as provided in the case of hearings before appeal tribunals in AS 23.20.410  23.20.470. The decision of the department is final unless, within 30 days after the decision is mailed or delivered to the last address of record of a party, the party initiates judicial review in accordance with AS 23.20.445 .
Alaska Stat. § 23.30.115 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.115
Attendance and fees of witnesses.
Status: in_force

(a) A person is not required to attend as a witness in a proceeding before the board at a place more than 100 miles from the person's place of residence, unless the person's lawful mileage and fee for one day's attendance is first paid or tendered to the person; but the testimony of a witness may be taken by deposition or interrogatories according to the Rules of Civil Procedure.

(b) A witness summoned in a proceeding before the board or whose deposition is taken shall receive the same fees and mileage as a witness in the superior court.
Alaska Stat. § 23.05.180 — AK Code / Title 23 / Chapter 23.05 / Section 23.05.180
Wages in dispute.
Status: in_force

(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.
Alaska Stat. § 23.30.050 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.050
Employer's liability despite negligence of a third party.
Status: in_force

The liability of an employer for medical treatment is not affected by the fact that the employee was injured through the fault or negligence of a third party not in the same employ, until notice of election to sue has been given as required by AS 23.30.015 (a) or suit has been brought against the third party without giving notice. The employer has, however, a cause of action against the third party to recover any amounts paid by the employer for the medical treatment in like manner as provided in AS 23.30.015 (b).
Alaska Stat. § 23.30.122 — AK Code / Title 23 / Chapter 23.30 / Section 23.30.122
Credibility of witnesses.
Status: in_force

The board has the sole power to determine the credibility of a witness. A finding by the board concerning the weight to be accorded a witness's testimony, including medical testimony and reports, is conclusive even if the evidence is conflicting or susceptible to contrary conclusions. The findings of the board are subject to the same standard of review as a jury's finding in a civil action.
Alaska Stat. § 23.15.010 — AK Code / Title 23 / Chapter 23.15 / Section 23.15.010
Administration of vocational rehabilitation.
Status: in_force

The commissioner shall administer the vocational rehabilitation program.
Alaska Stat. § 23.10.650 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.650
Training of test administrators.
Status: in_force

(a) Each employer shall ensure that at least one designated employee receives at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on the use of controlled substances. The training will be used by the designee to determine whether reasonable suspicion exists to require an employee to undergo testing under AS 23.10.630 .

(b) If an employer administers on-site drug or alcohol tests to test employees or prospective employees under AS 23.10.645 , the employer shall ensure that each person who will be administering the on-site test receives training and meets the qualifications of this subsection. An on-site test administrator must (1) have been trained by the manufacturer of the test or the manufacturer's representative on the proper procedure for administering the test and accurate evaluation of on-site test results; training must be conducted in person by a trainer from the manufacturer or the manufacturer's representative;

(2) be certified in writing by the manufacturer or the manufacturer's representative as competent to administer and evaluate the on-site test;

(3) have been trained to recognize adulteration of a sample to be used in on-site testing; and

(4) sign a statement that clearly states that the on-site test administrator will hold all information related to any phase of a drug test confidential.
Alaska Stat. § 23.10.340 — AK Code / Title 23 / Chapter 23.10 / Section 23.10.340
Employment of children under 16.
Status: reserved

(a) A minor under 16 years of age may not be employed for more than a combined total of nine hours school attendance and employment in one day. If employed, the minor's work may be performed only between 5 a.m. and 9 p.m. Employment outside school hours may not exceed 23 hours in one week, domestic work and baby-sitting excepted.

(b) [Repealed, § 7 ch 112 SLA 1976.]
Alaska Stat. § 23.20.497 — AK Code / Title 23 / Chapter 23.20 / Section 23.20.497
Binding effect of department decisions.
Status: in_force

(a) A finding of fact or law, judgment, conclusion, or final order made with respect to a claim for unemployment compensation under this chapter is not conclusive or binding in any separate or subsequent action or proceeding in another forum concerning proceedings not under this chapter, regardless of whether the prior action was between the same or related parties or involved the same facts.

(b) In this section, action means a court or administrative proceeding not brought under this chapter or an arbitration proceeding.