reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 05 - Child Labor › Article 5 - Entertainment Industry › 8 AAC 05.300 - Permits to work

Current through May 31, 2024
(a) Except as provided in (d) of this
				  section, an employer in the entertainment industry desiring to employ children
				  must obtain a permit from the department to employ children. In order to obtain
				  a permit, a parent or guardian and the employer must complete an application
				  for each job on a form provided by the department. A talent or casting agency
				  may obtain a provisional permit as the employer or record by submitting the
				  information listed in (b)(1) - (5) of this section. Within 72 hours of sending
				  the child to a specific job call, the talent or casting agency, as employer of
				  record, shall submit to the department the information required in (b)(6) -
				  (10) of this section. If the talent or casting agency has obtained a
				  provisional permit and sent the child to a job, the agency is responsible for
				  compliance with this section.
(b)
				  An application to employ a child shall contain
(1) the legal and professional name of the
				  child;
(2) the date of birth of the
				  child;
(3) the written consent of
				  the parent or guardian;
(4) the
				  name and permanent address of the parent or guardian and the name of the
				  parent, guardian, or representative who will accompany the child to rehearsals
				  and performances;
(5) if the child
				  has a legal guardian, proof of guardianship;
(6) the nature, time, duration, dates, and
				  number of rehearsals and performances involving the child, with identification
				  of the location and nature of those rehearsals and performances;
(7) the maximum combined rehearsal and
				  performance times per day and per week involving the child;
(8) the rate of pay the child will receive
				  for performing;
(9) a detailed
				  description of the child's role, including each activity to be performed; the
				  description shall include an excerpt from the script that contains the child's
				  dialogue and action; and
(10) any
				  other information the department may request for clarification of items listed
				  in (1) - (10) of this subsection.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 05 - Child Labor › Article 5 - Entertainment Industry › 8 AAC 05.305 - Denial of permit

Current through May 31, 2024
The department will, in its discretion, deny a permit under
					 8 AAC 05.300 if the department finds that the denial
					 serves the best interests of the health, development, education, or welfare of
					 the child. The department will keep a record of denials of permits, including
					 its findings supporting the denials. A denial under this section may be
					 appealed in writing to the commissioner within 30 days of the date of the
					 issuance of the denial.
Authority:
AS
						23.10.325
AS 23.10.330
AS
						23.10.360
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 05 - Child Labor › Article 5 - Entertainment Industry › 8 AAC 05.310 - Revocation

Current through May 31, 2024
No child may perform in the entertainment industry except
					 as provided in law and the permit. No permit may be issued for the exhibition,
					 rehearsal, or performance of a child that is harmful to the health,
					 development, education, or welfare of the child. The department will, in its
					 discretion, revoke a permit for violation of law or a term or condition
					 specified in the permit, if that violation endangers the health, development,
					 education, or welfare of the child. If a parent or guardian withdraws consent
					 for the child to perform and informs the department of the withdrawal, the
					 department will revoke the permit. Revocation of a permit will take effect
					 immediately upon service in person or through the mail to the employer who
					 requested the permit. A revocation of a permit issued under
					 8 AAC 05.300 may be appealed in writing to the
					 commissioner within 30 days of the date of issuance of the
					 revocation.
Authority:
AS
						23.10.325
AS 23.10.330
AS
						23.10.360
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 05 - Child Labor › Article 5 - Entertainment Industry › 8 AAC 05.320 - Hours of work

Current through May 31, 2024
(a) A child under 18 years may not be
				  permitted to work in the entertainment industry before 5 a.m. or after 10 p.m.
				  on any day preceding a school day. A child under 18 years may not work later
				  than 12:30 a.m. on any other day.
(b) If the consent of the commissioner is
				  first obtained, a child between 8 and 18 years of age may be permitted to work
				  as an actor or a performer after 10 p.m. but not later than midnight on a night
				  preceding a school day if the performance begins before 10 p.m.
(c) The amount of time that a child is
				  permitted at the place of employment in the entertainment industry within a
				  24-hour period is limited by age as follows:
(1) babies and infants from birth to six
				  months are limited to two hours per day, with actual work time not to exceed 20
				  minutes per day;
(2) infants and
				  children age from six months to two years are limited to four hours per day,
				  with actual work time not to exceed two hours;
(3) children age from two years to six years
				  are limited to six hours per day, with actual work time not to exceed three
				  hours;
(4) children age from six
				  years to nine years are limited to eight hours per day, with actual work time
				  not to exceed four hours, except that when school is not in session, actual
				  work time may be increased to six hours; when school is in session, an
				  eight-hour day must include at least three hours of schooling;
(5) children age from nine years to 16 years
				  are limited to nine hours per day, with actual work time not to exceed five
				  hours, except that when school is not in session, work time may be increased to
				  seven hours; when school is in session, a nine-hour day must include at least
				  three hours of schooling;
(6)
				  children age from 16 years to 17 years are limited to 10 hours per day, with
				  actual work time not to exceed six hours, except that when school is not in
				  session, work time may be increased to eight hours; when school is in session,
				  children age 16 through 17 years who are enrolled in school must receive at
				  least three hours of schooling in a 10-hour day.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 05 - Child Labor › Article 5 - Entertainment Industry › 8 AAC 05.330 - Working conditions

Current through May 31, 2024
(a) A parent or guardian of a child under 16
				  or the parent's or guardian's representative must accompany and remain with the
				  child on the set or location. An employer must, at any time, allow parents or
				  guardians or their representatives access to the child.
(b) An employer must provide
(1) a safe, secure, and suitable place for
				  children to rest and play; and
(2)
				  suitable nursery facilities, if a child age 3 years or younger is employed on
				  the set or location.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 05 - Child Labor › Article 5 - Entertainment Industry › 8 AAC 05.340 - Prohibited practices

Current through May 31, 2024
A person may not employ or allow a child under 18 years of
					 age to work in the entertainment industry in
(1) a practice, exhibition, or situation that
				  places the child in clear and present danger to the health, development, or
				  welfare of the child; or
(2) an
				  illegal, an indecent, or a lewd exhibition or practice, including the following
				  actual or simulated acts:
(A) acts described
				  as unlawful exploitation of a minor under
				  AS
				  11.41.455;
(B) sexual masochism or sadism.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 05 - Child Labor › Article 10 - General Provisions › 8 AAC 05.900 - Definitions

Current through May 31, 2024
(a) In this chapter and in
				  AS
				  23.10.325-23.10.370, unless the context
				  requires otherwise,
(1) "commissioner" means
				  the commissioner of labor and workforce development;
(2) "department" means the Department of
				  Labor and Workforce Development;
(3) "division" means the labor standards and
				  safety division of the Department of Labor and Workforce Development;
(4) "power-driven woodworking machines" means
				  all fixed or portable machines or tools driven by power and used or designed
				  for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching,
				  fastening, or otherwise assembling, pressing, or printing wood or
				  veneer;
(5) "sharpened tools" means
				  knives and implements used for butchering, boning, gilling, filleting, and
				  other meat and fish processing functions; and axes, machetes, scythes, brush
				  hooks, or other implements determined by the commissioner, on a case-by-case
				  basis, to be hazardous;
(6)
				  "community entertainment" means a local performing arts group or association
				  established to serve a certain locale that is staffed primarily by volunteers
				  drawn from the people it serves;
(7) "entertainment industry" includes an
				  organization or individual using the services of a child in motion pictures of
				  any type, using any format, by any medium, including film, videotape,
				  commercial documentary, theater, television, or videocassette; modeling;
				  photography; recording; theatrical productions; publicity; rodeos; circuses;
				  musical performances; and any other live or recorded performances or rehearsals
				  where a child performs to entertain the public;
(8) "guardian" means an individual who, by
				  testamentary or court appointment, has the legal responsibilities for the care
				  and management of the person and the estate of the child during the child's
				  minority;
(9) "nurse" means a
				  registered nurse, advanced nurse practitioner, physician assistant, emergency
				  medical technician, mobile intensive care paramedic, or primary community
				  health aide;
(10) "parent" means
				  biological parent, adoptive parent, or step parent;
(11) "outside helper" means an individual,
				  other than a driver, whose work includes riding on a vehicle outside the cab of
				  the vehicle for the purpose of assisting in transporting or delivering
				  property, including goods.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 1 - Application, Bond and Permit › 8 AAC 10.010 - Permit required

Current through May 31, 2024
(a) A person may not operate or engage in an
				  employment agency business unless he has procured a permit from the
				  department.
(b) The permit must be
				  posted in a conspicuous place in the main room of the agency used by the
				  public.
Authority:
AS
						23.15.340
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 1 - Application, Bond and Permit › 8 AAC 10.020 - Application for permit

Current through May 31, 2024
(a) A written application for a permit must
				  be made to the commissioner on a form prescribed by the department and must
				  state:
(1) name and address of the
				  applicant;
(2) the business name of
				  the employment agency;
(3) the
				  address of the place or places at which the agency will conduct business and
				  the address of the main office of the business;
(4) whether the employment agency is owned as
				  a sole proprietorship, partnership, or corporation;
(5) if the applicant is not a corporation,
				  the names and addresses of all persons who are financially interested either as
				  partners, associates, profit sharers, or other persons receiving a share of the
				  net profits from the operation of the agency, and the share of the net profit
				  each person is to receive;
(6) if
				  the applicant is a corporation, the names, titles and addresses of the persons
				  acting as executive officers of the corporation or who have managing
				  responsibility in the state;
(7)
				  whether an officer, director, manager or owner has been arrested or convicted
				  of a felony or misdemeanor constituting a crime involving moral turpitude and,
				  if so, the nature of the crime and outcome;
(8) the business or occupation of the owner
				  and manager for the two years preceding the date of the application, and, if
				  the applicant is a corporation, the business or occupation of each officer,
				  director and manager for the two years preceding the date of the
				  application;
(9) whether any
				  officer, director, manager or owner of the agency has had experience in
				  employment agency work, the dates of this experience, and the names and
				  addresses of agencies in which the experience was acquired;
(10) the name of any officer, director,
				  manager or owner of the agency who has applied for a permit to operate an
				  employment agency in Alaska or elsewhere, whether that application was granted
				  or denied, and the names and address of the agency;
(11) whether any officer, director, manager
				  or owner of the agency has a financial interest in a travel agency or benefits
				  financially from the sale of air, steamship or bus transportation;
				  and
(12) whether any officer,
				  director, manager or owner of the employment agency was disciplined by a state
				  or had a private employment agency permit suspended, revoked or denied or was
				  otherwise disqualified and the reason for that disqualification.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 1 - Application, Bond and Permit › 8 AAC 10.050 - Bond

Current through May 31, 2024
Before the issuance or renewal of a permit an applicant for
					 a permit shall deposit with the department a numbered surety bond for $10,000.
					 A separate bond must be furnished to the department for each kind of agency for
					 which a permit is sought. A separate bond is not required for a branch office
					 of an agency. The bond must be in a form prescribed by the
					 department.
Authority:
AS
						23.15.360
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 1 - Application, Bond and Permit › 8 AAC 10.055 - Issuance of permit

Current through May 31, 2024
(a) The department will issue a permit after:
(1) determination by the department that the
				  applicant is a person of good moral character;
(2) a bond is filed with the department which
				  fulfills the requirements of
				  8 AAC 10.050;
(3) the application fee required by
				  AS
				  23.15.390 is paid; and
(4) a copy of a current Alaska business
				  license is provided to the department;
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 1 - Application, Bond and Permit › 8 AAC 10.067 - Duration of permit; renewal

Current through May 31, 2024
Unless revoked or suspended for cause under
					 AS
					 23.15.410, a permit is valid until June 30 of
					 the second calendar year following the date of issuance. A permit may be
					 renewed upon payment of the biennial fee required by
					 AS
					 23.15.390 and upon filing with the
					 department
(1) an application for
				  renewal, containing the information required by
				  8 AAC 10.020;
(2) a bond that meets the requirements of
				  8 AAC 10.050;
(3) a copy of the employment agency's current
				  state business license.
Authority:
AS
						23.15.390
AS 23.15.400
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.075 - Registration

Current through May 31, 2024
An employment agency must maintain a permanent applicant
					 register which contains:
(1) the name
				  and address of each applicant for employment, employment services, or to whom
				  employment information was provided for a fee;
(2) a control registration number for each
				  applicant, assigned in a consecutive order by the agency, which must be used on
				  all agency records pertaining to that applicant as a means of identifying each
				  applicant for employment services;
(3) the date of each application for
				  employment services;
(4) the amount
				  of registration fee paid;
(5) the
				  amount of registration fee refund due; and
(6) the date a refund is paid.
Authority:
AS
						23.15.430
AS 23.15.480
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.077 - Registration fee

Current through May 31, 2024
If an agency charges an applicant a fee to register or list
					 an applicant for employment services, the agency must give the applicant a
					 receipt for the fee. The receipt must contain the name, address and phone
					 number of the agency, the applicant's full name, the amount of the fee paid,
					 the date of issue and the signature of the person collecting the
					 fee.
Authority:
AS
						23.15.460
AS 23.15.470
AS 23.15.500
AS
						23.15.520
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.085 - Distribution of employment information

Current through May 31, 2024
An employment agency selling employment information by mail
					 or other media must file a copy with the department for approval of this
					 information before sale or distribution. Any reference to wage rates,
					 employment, unemployment and cost-of-living in the state must be factually
					 depicted.
Authority:
AS
						23.15.490
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.095 - Publications

Current through May 31, 2024
(a) Advertisements of an employment agency by
				  cards, circulars or signs and in newspapers and other publications, and all
				  letterheads, receipts, and forms must contain the licensed name and address of
				  the employment agency and the word "agency" or a derivative of that word. Each
				  position advertised must include a job order number.
(b) An employment agency which advertises
				  through newspapers or other media must keep a record of all newspaper or other
				  printed advertisement initiated by the agency for a least four months after its
				  public release.
(c) If an agency
				  advertises the highest salary which may be paid for a job, the advertisement
				  must contain the word "to" before the salary quoted.
Authority:
AS
						23.15.490
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.110 - Job order

Current through May 31, 2024
(a) An employment agency must keep a separate
				  record of each job order received by the agency on a form approved by the
				  department. A job order must contain:
(1) the
				  name and address of each employer from whom a job order is received;
(2) the name and position of the individual
				  placing the job order;
(3) the date
				  of receipt of the job order;
(4)
				  the offered starting wage or salary and job description or classification
				  title; and
(5) the names and
				  registration numbers of the persons referred.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.120 - Referral receipt

Current through May 31, 2024
(a) An employment agency must give to an
				  applicant for employment who is referred for employment a referral receipt
				  which contains:
(1) the complete name,
				  address, and telephone number of the employment agency;
(2) the name and address of the person to
				  whom the applicant is to report for an interview;
(3) the address where the applicant for
				  employment will be employed, if hired;
(4) the estimated minimum fee the applicant
				  may be charged by the employment agency;
(5) the cost of transportation, if any, to
				  the place of employment, if known, and by whom paid or advanced;
(6) the proposed type or classification of
				  work;
(7) the daily and weekly
				  hours of work;
(8) the starting
				  wage or salary rate, including any consideration of privilege;
(9) a description of the board and lodging
				  furnished by the employer and the cost of those services;
(10) an estimate of the length of the
				  employment and whether the employer anticipates it to be temporary or longer
				  than 90 days;
(11) the registration
				  number of the applicant;
(12) a
				  disclosure of any labor dispute which exists at the place of employment, the
				  name of the union involved and whether union membership is required;
				  and
(13) a disclosure of labor
				  agreements in effect at the place of employment, the name of the union and
				  whether union membership is required.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.130 - Return of fee

Current through May 31, 2024
If an applicant who has paid a registration fee fails to
					 obtain employment, the agency must return the amount of the fee to the
					 applicant not later than 48 hours after receiving a demand from the
					 applicant.
Authority:
AS
						23.15.480
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 2 - Agency Procedures and Requirements › 8 AAC 10.145 - Agency to maintain records

Current through May 31, 2024
An employment agency must maintain on file all records,
					 orders, or receipts referred to in this chapter for at least two years unless
					 specified otherwise in this chapter.
Authority:
AS
						23.15.440
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 3 - Fee Schedule › 8 AAC 10.180 - Fee schedule

Current through May 31, 2024
(a) An agency's fee schedule may not exceed
				  the following:
(1) registration fee,
				  $2;
(2) job placement in temporary
				  employment, 10 percent of the gross earnings;
(3) job placement in permanent employment, 55
				  percent of gross earnings for the first month of employment;
(4) sale of job information, $1; however,
				  upon written application to and approval of the commissioner, an agency may
				  charge not more than $5 for the information;
(5) preparation of resume and furnishing of
				  employment information, $50; however, upon written application to and approval
				  of the commissioner, a resume service agency may charge not more than $200 for
				  the preparation of a resume and furnishing of employment information.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 4 - Prohibited Acts › 8 AAC 10.400 - Prohibited acts

Current through May 31, 2024
An employment agency may not:
(1) require an applicant to pay an advance
				  fee or deposit against a future fee unless the fee charged by an agency is for
				  the registration of applicants for employment services of that
				  agency;
(2) charge or collect from
				  an applicant a fee or portion of a fee if the placement fee is paid by an
				  employer;
(3) charge or collect
				  from an applicant any fee for placement within an agency or if placement is
				  made with an employer, an agent, spouse, or person who has a financial interest
				  in that agency;
(4) advertise a
				  starting wage or salary which is not included in the employment
				  order;
(5) advertise positions as
				  "100 percent free" or "all free" unless the agency exclusively handles employer
				  paid fee job listings; or
(6) use a
				  name identical or similar to that of another employment agency or use the words
				  "United States" or "State of Alaska" in any combination as part of the agency
				  name.
Authority:
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 10 - Private Employment Agencies › Article 5 - General Provisions › 8 AAC 10.900 - Documents, contract, approval

Current through May 31, 2024
(a) An instrument,
				  contract, or document form which an employment agency requires an applicant or
				  his legal representative to execute or become a party to may not be used unless
				  its form and content has been approved by the director.
(b) An employment agency shall submit two
				  copies of each form described in (a) of this section to the department for
				  approval which will be indicated by an endorsement by the director. One copy
				  will be returned to the employment agency to be kept as part of its record.
				  Approval will not be withheld unless the instrument, contract, or document is
				  vague, makes misrepresentations, is unfair, oppressive, or contains provisions
				  which violate an employment agency law or regulation.
Authority:
AS
						23.15.440
AS 23.15.490
AS
						23.15.500
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 1 - Coverage and Exemptions (Repealed) › 8 AAC 15.070 - Definitions of miscellaneous terms used in AS 23.10.050 - 23.10.150 (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 2 - Minimum Wages and Overtime › 8 AAC 15.100 - Payment for overtime

Current through May 31, 2024
(a) An employee's regular rate is the basis
				  for computing overtime. The regular rate is an hourly rate figured on a weekly
				  basis. An employee need not actually be hired at an hourly rate. The employee
				  may be paid by piece-rate, salary, commission, or any other basis agreeable to
				  the employer and employee. However, the applicable compensation basis must be
				  converted to an hourly rate when determining the regular rate for computing
				  overtime compensation. Payment on a salary basis does not eliminate overtime
				  pay requirements. The following provisions apply for an employee whose work is
				  not exempt by law from overtime pay requirements, but is paid on a salary
				  basis:
(1) the employment contract must be in
				  writing and must set out the specific number of straight time and overtime
				  hours the employee is expected to work each day and each week; the contract
				  must establish a regular straight time hourly rate of pay and the appropriate
				  overtime rate with respect to the salary to be paid and the number of hours to
				  be worked; changes to the pay schedule of a salaried employee must conform to
				  the provisions of
				  AS
				  23.05.160;
(2) if a contract fails to establish a fixed
				  number of daily and weekly hours that the salary is intended to compensate, or
				  if the actual hours of work deviate from the hours specified in the contract
				  without a corresponding adjustment in hourly pay, the salary will be considered
				  to be compensation for an eight-hour work day and 40-hour workweek, and
				  overtime will be computed on that basis.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 2 - Minimum Wages and Overtime › 8 AAC 15.101 - Overtime for line haul truck drivers

Current through May 31, 2024
(a) If an employer
				  of a line haul truck driver elects not to use the overtime rate established in
				  AS
				  23.10.060(b), the employer
				  shall establish alternate rates of overtime pay that meet the requirements of
				  AS
				  23.10.060(d)(15) and this
				  section. This alternative rate of overtime pay must be explained in writing,
				  and the written explanation must be signed by the employee.
(b) An alternative rate of overtime pay may
				  be calculated as a mileage rate, a fuel usage rate, or on some other reasonable
				  basis; however, any formula used to calculate an alternate rate of overtime pay
				  must take into consideration the time spent performing all of the duties of a
				  line haul truck driver on the route for which the rate was established,
				  including the time spent
(1)
				  driving;
(2) hooking up;
(3) fueling;
(4) tying down;
(5) chaining up and unchaining;
(6) performing pre-trip and in-transit
				  equipment and load checks;
(7)
				  during breakdowns;
(8) making tire
				  repairs;
(9) offloading;
				  and
(10) completing required
				  paperwork.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 2 - Minimum Wages and Overtime › 8 AAC 15.102 - Voluntary flexible work hour plans

Current through May 31, 2024
(a) A request for
				  an exemption for a voluntary flexible work hour plan established under
				  AS
				  23.10.060(d)(14) must be
				  signed by the employer and submitted to a wage and hour administration office
				  of the department. The request must be in writing on a form provided by the
				  department, and must include
(1) a statement
				  that the employer and employee participating in the flexible work hour plan
				  understand that work performed in excess of 10 hours in a day or in excess of
				  40 hours in a week must be compensated at the rate of one and one-half times
				  the regular rate of pay;
(2) a
				  description of the daily and weekly hours to be worked under the flexible work
				  hour plan;
(3) a statement that the
				  flexible work hour plan has not been made a condition of employment and that
				  participation in the plan is voluntary; and
(4) the signature of the employer or
				  authorized representative.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 2 - Minimum Wages and Overtime › 8 AAC 15.105 - Minimum wage

Current through May 31, 2024
(a) As used in
				  AS
				  23.10.065, "prevailing Federal Minimum Wage
				  Law" means that rate established in Sec. 6(a)(1) of the Fair Labor Standards
				  Act of 1938, as amended,  (29 U.S.C.
				  206(a)(1))  as the minimum
				  wage generally applicable to employees subject to that Act.
(b) The department will determine compensable
				  hours subject to the payment of the minimum wage or the contractually
				  established wage in accordance with the provisions of
				  29 C.F.R.
				  785.11 -
				  785.25,
				  785.27 -
				  785.33,
				  785.35 -
				  785.45, and
				  785.47 -
				  785.48.
Copies of the federal statute and regulations cited in
						8 AAC 15.105 may be obtained from the department's wage
						and hour administration office in Anchorage at 3301 Eagle Street, Suite 301 or
						by writing or telephoning the office at Department of Labor and Workforce
						Development, P.O. Box 107021, Anchorage, Alaska 99510-7021; phone: (907)
						269-4900.
As of Register 151 (October 1999), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Labor to the Department of Labor and
						Workforce Development made by ch. 58, SLA 1999 and the corresponding title
						change of the commissioner of labor.
Authority:
AS
						23.05.060
AS 23.10.065
AS 23.10.085
AS
						23.10.095
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 3 - Exemptions › 8 AAC 15.125 - Minimum wage exemption for student learners

Current through May 31, 2024
(a) An exemption
				  for student learners from the minimum wage requirement of
				  AS
				  23.10.065 is available when the student
				  learner is enrolled in a course of study and training in a cooperative
				  vocational training program under a recognized state or local educational
				  authority or in a substantially similar program conducted by a private
				  school.
(b) An application for an
				  exemption under (a) of this section must be made on a form provided by the
				  department. The information required must be complete and must be signed by the
				  employer and the student learner's school coordinator or principal. To qualify
				  for the exemption, the employment must meet all the requirements set out in
				  AS
				  23.10.325-23.10.370 and ch. 5 of
				  this title relating to the employment of children.
(c) A wage rate authorized under this section
				  will not be less than 50 percent of the minimum wage established under
				  AS
				  23.10.065.
(d) The exemption from minimum wages for
				  full-time students established by Sec. 14(b) of the Fair Labor Standards Act of
				  1938, as amended, (29 U.S.C. 214(b)) as implemented in  29 C.F.R. 519.1 - 519.2  does not apply to employment subject to the provisions of
				  AS
				  23.10.065.
(e)The commissioner will determine the
				  appropriate wage by considering the following factors;
(1) whether the nature of the employment is for the benefit of the
				  minor and whether the employment of the minor is in accordance with
				  AS
				  23.05.010;
(2) the goal of the training that the minor is expected to
				  achieve;
(3) the schedule of
				  organized and progressive work processes to be performed;
(4) the nature of the work being performed by
				  the minor;
(5) the length of time
				  the minor will be employed; and
(6) whether the employer is subject to  29 U.S.C. 201- 219  (Fair Labor Standards Act of 1938).
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 3 - Exemptions › 8 AAC 15.126 - Minimum wage exemption for non-profit residential summer camp employees

Current through May 31, 2024
(a) An
				  employee of a non-profit residential summer camp is exempt from the minimum
				  wage requirement set out in
				  AS
				  23.10.065 if the residential summer camp
				  employee
(1) is not employed by the non-profit
				  organization for longer than 12 weeks in a calendar year;
(2) works at the non-profit residential summer camp;
				  and
(3) receives room and board in
				  addition to a weekly wage in the amount set out in
				  AS
				  23.10.070(3).
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 3 - Exemptions › 8 AAC 15.130 - Exemption for searching for placer or hard rock minerals

Current through May 31, 2024
The exemption from
					 AS
					 23.10.050-23.10.150 provided by
					 AS
					 23.10.055(10) applies to
					 those activities commonly referred to as "prospecting" and does not apply once
					 development of and production from a known mineral source has
					 begun.
Authority:
AS
						23.10.055(10)
AS
						23.10.085
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 3 - Exemptions › 8 AAC 15.135 - Exemption for individuals under 18 who are part-time employees

Current through May 31, 2024
The exemption from
					 AS
					 23.10.050-23.10.150 provided by
					 AS
					 23.10.055(11) does not apply
					 during any workweek in which an individual normally within the ambit of
					 AS
					 23.10.055(11) is employed in
					 excess of 30 hours.
Authority:
AS
						23.10.055(11)
AS
						23.10.085
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 3 - Exemptions › 8 AAC 15.140 - Determining the number of employees for purposes of AS 23.10.060 (d)(1)

Current through May 31, 2024
In determining the number of employees that an employer
					 employs for purposes of
					 AS
					 23.10.060(d)(1), all
					 officers of a corporation who actively engage in the business and all part-time
					 employees will be counted regardless of the number of days or hours
					 worked.
Authority:
AS
						23.10.060
AS 23.10.085
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 3 - Exemptions › 8 AAC 15.145 - Small mining operations

Current through May 31, 2024
(a) For purposes of
				  AS
				  23.10.060(3), a "mining
				  season" means the cumulative period of time during which operations are carried
				  on during a calendar year, but not exceeding 20 weeks.
(b) The exemption from the payment for
				  overtime under
				  AS
				  23.10.060 for employers engaged in small
				  mining operations is available to the employer for an aggregate of 14 weeks,
				  commencing on the first day the mine begins active operations in a calendar
				  year. Periods during which the mine is not actively engaged in mining
				  operations for reasons including assessment work and repair or construction of
				  buildings or equipment are not part of the exemption period.
(c) Repealed 9/28/85.
Authority:
AS
						23.05.060
AS 23.10.060
AS
						23.10.085
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 4 - Reduction of Wages › 8 AAC 15.160 - Deductions from an employee's wages

Current through May 31, 2024
(a) The provisions
				  of AS
				  23.05.140 and
				  AS
				  23.10.085(c) do not limit
				  the right of an employer and employee to enter into a written agreement to
				  provide for deductions of monetary obligations of an employee. Requiring or
				  inducing an employee to return or give up any part of the compensation that the
				  employee is entitled, whether by force, intimidation, or threat of dismissal
				  from employment, or by any other manner, is prohibited. A written agreement for
				  deductions payable to the employer or person acting in the employer's behalf or
				  interest is not valid if it would have the effect of reducing an employee's
				  wage rate below the statutory minimum wage or overtime rates, or if it would
				  require an employee to reimburse the employer for any of the following:
(1) customer checks returned due to
				  insufficient funds or any other reason;
(2) non-payment for goods or services as a
				  result of theft or credit default;
(3) cash or cash register shortages unless
				  the employee admits, willingly and in writing, to having personally taken the
				  specific amount of cash that is alleged to be missing;
(4) lost, missing, or stolen property, unless
				  the employee admits willingly and in writing, to having personally taken the
				  specific property alleged to be lost, missing, or stolen; or
(5) damage or breakage costs unless clearly
				  due to willful conduct of the employee and the employee has acknowledged
				  responsibility in writing.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 4 - Reduction of Wages › 8 AAC 15.165 - Purchase of uniform or equipment

Current through May 31, 2024
An employer may not require an employee to purchase a
					 uniform or equipment if the
(1)
				  uniform or equipment is required by the federal, state, or local safety or
				  health codes; or
(2) nature of the
				  employer's business requires the use of either, and if the uniform or equipment
(A) is distinctive and advertises or is
				  associated with the products or services of the employer, except that the
				  clothing that constitutes a uniform or equipment may advertise the products or
				  services of the employer if the uniform or equipment is customarily sold to the
				  public by the employer; or
(B)
				  cannot be worn or used during normal social activities of the
				  employee.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 5 - Procedures Relating to Violations, Investigations, or Hearings › 8 AAC 15.180 - Investigations, conferences and persuasion

Current through May 31, 2024
(a) The labor
				  standards and safety division will investigate potential violations of
				  AS
				  23.10.050-23.10.150 on its own
				  motion.
(b) If, after an
				  investigation, the division finds that probable cause exists for believing that
				  a violation of
				  AS
				  23.10.050-23.10.150 has occurred, it will
				  attempt to correct the unlawful practice by conference and persuasion as
				  follows:
(1) the division will provide the
				  employer believed to have violated
				  AS
				  23.10.050-23.10.150 with a copy of the
				  assignment or a description of the alleged violation and inform the employer of
				  the results of its investigation; and
(2) the division will schedule an informal
				  conference with the employer to discuss the matter and attempt to eliminate the
				  alleged violations.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 15 - Alaska Wages and Hours › Article 5 - Procedures Relating to Violations, Investigations, or Hearings › 8 AAC 15.190 - Nurse overtime investigations, conferences and persuasion

Current through May 31, 2024
(a) The labor
				  standards and safety division will investigate potential violations of
				  AS
				  18.20.400 -
				  18.20.499
				  on its own motion, or on the complaint of any person.
(b) A complaint alleging a violation of
				  AS
				  18.20.400 -
				  18.20.499
				  must be filed with the division within 30 days after the date of the alleged
				  violation. The division shall provide a copy of the complaint to the health
				  care facility named the filing within three business days after receiving the
				  complaint. Mailing to the health care facility's last known address or the
				  address on file with the health facilities licensing and certification unit in
				  the division of health care services, Department of Health and Social Services,
				  is valid service for the purposes of this section.
(c) If, after an investigation, the division
				  finds that a health care facility has knowingly violated an overtime provision
				  of
				  AS
				  18.20.400 - I 8.20.499, the division shall
				  issue a decision containing the division 's investigative findings and
				  assessing the appropriate civil penalty under
				  AS
				  18.20.430(c).
(d) A health care facility may request a
				  hearing on the division's decision. A hearing request must be in writing and
				  postmarked not later than 15 days of the division's decision. The request must
				  identify the findings in dispute and the basis of dispute. A hearing requested
				  under this section shall be conducted in accordance with
				  AS
				  44.64.010-44.64.200.
Authority:
AS
						18.20.430
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 15.900 - Recordkeeping

Current through May 31, 2024
(a) For the purposes of
				  AS
				  23.10.100, "the place where an employee is
				  employed" means the central office of an employer located within the state. An
				  employer may keep duplicate records at the sites or premises where the work is
				  performed.
(b) For the purposes of
				  AS
				  23.10.100, "other payroll information which
				  the commissioner may require" means the information required by  29 C.F.R. secs. 516.2(a), 516.3, 516.5, 516.6, 516.25 and 516.27.
Copies of the federal regulations cited in
						8 AAC 15.900(b) may be obtained from
						the office of the department's statewide wage and hour supervisor in
						Anchorage.
Authority:
AS
						23.05.060
AS 23.10.085
AS 23.10.095
AS
						23.10.100
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 15.905 - Line haul truck driver recordkeeping requirements

Current through May 31, 2024
(a) In addition to
				  the records specified in
				  8 AAC 15.900, an employer of a line haul truck driver
				  who has elected to pay overtime to drivers using an alternate rate of overtime
				  pay calculated in accordance with
				  AS
				  23.10.060(d)(15) and
				  8 AAC 15.101, shall maintain records that substantiate
				  that rate, including the
(1) basic rate of
				  pay;
(2) rate of overtime
				  pay;
(3) average hours used as a
				  part of any formula to determine a rate of overtime pay; and
(4) source of data used to determine averages
				  under 8 AAC 15.101.
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 15.907 - Employee tips

Current through May 31, 2024
(a) Except as provided in this section, an
				  employer may not handle or take possession or control of an employee's
				  tips.
(b) An employer may handle an
				  employee's tips only for the purpose of
(1)
				  delivering the cash amount of a tip to the employee when a customer provides
				  for a tip on a credit card charge slip;
(2) redistributing tips to service employees
				  under a tip pooling arrangement; an employer shall provide written notice to
				  all service employees of the tip pooling arrangement; any change to a tip
				  pooling arrangement must be provided in writing on or before the payday before
				  the payday on which the change becomes effective; a tip pooling arrangement may
				  not be retroactive; or
(3)
				  redistributing an employee's accumulated tips to the employee on the next
				  regularly scheduled pay day only if a daily accounting of the employee's tips
				  is provided in writing to the employee each day that the tips are proivided by
				  a customer.