Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 6 - General Provisions › 8 AAC 15.910 - Definitions

Current through May 31, 2024
(a) In this chapter and
				  AS
				  23.10.050-23.10.150, unless the context
				  requires otherwise
(1) repealed
				  3/2/2008;
(2) "casual employee," as
				  used in AS 23.10.060(d),
				  means
(A) an employee engaged in an activity
				  that occurs without regularity and is not in the usual course of trade,
				  business, occupation, or profession of the employer; or
(B) an individual employed on a seasonal
				  basis for less than twelve weeks per calendar year at a recreational
				  residential youth camp operated by a nonprofit religious, charitable, or
				  educational organization;
(3) "commissioner" means the commissioner of
				  labor and workforce development;
(4) "department" means the Alaska Department
				  of Labor and Workforce Development;
(5) "director" means the director of the
				  labor standards and safety division of the department, or the director's
				  designee;
(6) "domestic service,
				  including a baby-sitter, in or about a private home," as used in
				  AS
				  23.10.055(a)(4),
(A) means a service or activity performed in
				  or about a private home by an individual that is employed or paid by the owner
				  or occupant of the private home or a family member of the owner or occupant of
				  the private home; and
(B) includes
				  services or activities such as a
(i)
				  baby-sitter;
(ii) cook;
(iii) butler;
(iv) valet;
(v) maid;
(vi) housekeeper;
(vii) governess;
(viii) janitor;
(ix) laundress;
(x) caretaker;
(xi) handyman;
(xii) gardener;
(xiii) footman;
(xiv) groom;
(xv) chauffeur of automobiles for family
				  use;
(7)
				  repealed 3/2/2008;
(8) "nonprofit,"
				  as used in
				  AS
				  23.10.055(6), means an
				  organization no part of the income or profit of which is distributable to its
				  members, directors, or officers and whose status has been determined by the
				  U.S. Internal Revenue Service as nonprofit;
(9) "on call" means time that an employee is
				  required to remain on call on the employer's premises or other place of
				  employment or so close to them that the time cannot be used effectively for the
				  employee's own purposes, but does not include the time an employee is not
				  required to remain on or near the employer's premises or other place of
				  employment but is merely required to leave word with the employer where the
				  employee may be reached by cellular phone, beeper, or other means;
(10) repealed 3/2/2008;
(11) repealed 3/2/2008;
(12) repealed 3/2/2008;
(13) "standby or waiting time" means time
				  that an employee is required to be at or near the place of employment and is
				  required to wait for work or an assignment, whether or not because of shutdown
				  or repair, and during which the time cannot be used effectively for the
				  employee's own purposes;
(14)
				  repealed 3/2/2008;
(15) "workweek"
				  means a fixed and regularly recurring period of 168 hours that is seven
				  consecutive 24-hour periods; it may begin on any day of the week and need not
				  coincide with the calendar week; an individual employee's workweek is the
				  statutory or contract number of hours that the employee is to regularly work
				  during that period; the workweek may not be artificially adjusted for the
				  purpose of avoiding the payment of overtime; however the workweek may be
				  changed for any other purpose as provided in
				  AS
				  23.05.160;
(16) "straight commission"
(A) means any combination of compensation
				  based on making sales, contracts for sales, consignments, orders, or shipments
				  for goods or services, whether the compensation is calculated by using
(i) a percentage of gross or net sales
				  value;
(ii) an agreed-upon formula
				  for the value of goods or services sold; or
(iii) a flat rate for reaching a particular
				  level of sales volume, or the sale of a particular item;
(B) does not include compensation described
				  in (A) of this paragraph that is accompanied by any type of a guaranteed
				  payment of minimum hourly amounts not required by federal law or a minimum
				  salary or base, separately or in combination with commission
				  payments;
(17) "workday"
				  means a fixed and regularly recurring period of 24 consecutive hours;
(18) "child care facility," as used in
				  AS
				  23.10.055(12), includes
				  those treatment programs that require that the children live in facilities
				  provided, under the 24-hour care of program personnel, for a period of at least
				  30 consecutive days;
(19) "parent
				  of children," as used in
				  AS
				  23.10.055(12), means those
				  individuals whose duties involve the provision of care, treatment, supervision,
				  and oversight of children residing in the child care facility, and whose duties
				  require that they reside with the children, in the facilities provided by the
				  program, 24 hours a day, for a period of at least 30 consecutive
				  days;
(20) "fee basis" means an
				  agreed sum for a single job regardless of the time required for its completion
				  as specified in 29 C.F.R.
				  541.605, revised as of July 1, 2007 and
				  adopted by reference, with the following revision: Section 541.605(b) is
				  revised in its entirety to read: (b) To determine whether the fee payment meets
				  the minimum amount of salary required for an exemption with a weekly minimum of
				  two times the minimum wage for 40 hours, the amount paid to the employee will
				  be tested by dividing the fee paid for the job by the number of hours required
				  to complete the job and multiplying the result by 40 hours. Thus, an artist
				  paid $600 for a painting that took 20 hours to complete would meet the minimum
				  salary requirement, since the earnings at this rate ($30 per hour) would yield
				  the artist $1,200 if 40 hours were worked;
(21) "regular course of business," as used in
				  AS
				  23.10.060(d)(1), means those
				  activities that are integral and necessary to any enterprise or activity in
				  which the employer is primarily engaged;
(22) "salary" means, subject to the
				  provisions of
				  8 AAC 15.908, a fixed and recurring amount of money
				  constituting all or part of an exempt employee's compensation, which amount is
				  not subject to reduction because of variations in the quality or quantity of
				  the work performed;
(23) "provision
				  of medical services," as used in
				  AS
				  23.10.060(d)(12), means
				  those necessary hands-on, medical functions, procedures, and protocols that an
				  employee renders personally to an individual patient, where the services
				  involve face-to-face or other direct interaction between the employee and the
				  patient.
(24) "summer camp" means a
				  seasonal, non-profit, residential camp that provides
(A) creative recreational and educational
				  opportunities;
(B) a program of
				  activities for campers;
(C)
				  sustained supervision of campers; and
(D) trained leadership tasked with educating
				  campers.