reglab/statecodes huggingface dataset:
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 15.908 - Determining the salary of exempt employees

Current through May 31, 2024
(a) Subject to the
				  exceptions specified in 29
				  C.F.R. 541.602 and
				  541.603, revised as of July 1,
				  2012 and adopted by reference, an exempt employee must receive the full salary
				  for any week in which the employee performs any work regardless of the number
				  of days or hours worked, except as provided in (c) of this section.
(b) Failure to pay the full salary in the
				  initial or terminal week of employment is not considered inconsistent with the
				  salary basis of payment. In those weeks the payment of a proportionate part of
				  the employee's salary for the time actually worked meets the requirement.
				  However, this is not to be construed to mean that an employee is on a salary
				  basis if the employee is employed occasionally for a few days and is paid a
				  proportionate part of the weekly salary when employed. In addition, payment of
				  the full weekly salary under those circumstances would not meet the
				  requirements, since casual or occasional employment for a few days at a time is
				  inconsistent with employment on a salary basis within the meaning of this
				  section.
(c) An exempt
				  administrative, executive, or professional employee may be compensated on a
				  daily rate if
(1) the minimum compensation
				  requirements established under
				  AS
				  23.10.055(b) are met;
(2) the employee receives at least
				  $300 per day; and
(3) subject to
				  the provisions of this section, the employee receives the full daily salary for
				  any day in which any hours are worked regardless of the number of hours
				  worked.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 20 - Transportation of Employees › 8 AAC 20.010 - Involuntary and voluntary terminations

Current through May 31, 2024
(a) A termination
				by an employer of any employee, who falls within the purview of
				AS
				23.10.375-23.10.400, during the term of the
				contract of employment is considered "a cause good and sufficient, beyond the
				control of the employee," as the phrase is used in
				AS
				23.10.380(a)(1), and imposes
				upon the employer the obligation to provide return transportation, except if
				the reason for termination is
(1)
				falsification of the employment application;
(2) intoxication;
(3) fighting; or
(4) unexcused absence from duties for more
				than three consecutive scheduled work days.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 20 - Transportation of Employees › 8 AAC 20.020 - Subsistence

Current through May 31, 2024
If an employee, who falls within the purview of
				  AS
				  23.10.375-23.10.400, voluntarily terminates
				  for just cause, or is terminated for any cause during the term of the
				  employee's contract of employment and if immediate transportation is
				  unavailable upon the termination, the employee is entitled to subsistence, for
				  the period from the date of termination until the date that transportation
				  becomes available or for 10 days, whichever occurs first.
Authority:
AS
					 23.10.380
AS
					 23.10.395
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 20 - Transportation of Employees › 8 AAC 20.025 - Investigations

Current through May 31, 2024
(a) The division will investigate potential
				violations of
				AS
				23.10.375-23.10.400 after the assignment to
				it of a claim under
				AS
				23.10.385.
(b) If, after investigation, the division
				finds that probable cause exists for believing that a violation of
				AS
				23.10.375-23.10.400 has occurred, it will
				attempt to correct the unlawful practice by conference and persuasion. The
				division will provide the employer with a copy of the assignment or a
				description of the alleged violation and will inform the employer of the
				results of its investigation. The division will then schedule an informal
				conference with the employer to discuss the matter and attempt to correct the
				alleged violation.
Authority:
AS
					 23.05.060
AS 23.10.385
AS
					 23.10.395
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 20 - Transportation of Employees › 8 AAC 20.030 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise
(1) "return transportation" means all
				transportation costs to return the employee only to the original place of
				hire;
(2) "subsistence" means board
				and lodging furnished by the employer or $100 per day furnished by the employer
				for living expenses.
Authority:
AS
					 23.10.380
AS
					 23.10.395
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 25 - Payment of Wages › 8 AAC 25.010 - Investigative hearings

Current through May 31, 2024
(a) In cases where the director considers an
				investigative hearing on a claim assigned under
				AS
				23.05.220 to be appropriate, the director
				shall determine the time and place of the hearing and deliver or mail a notice
				of hearing to the claimant, respondent, and any interested party at least 15
				days before the hearing.
(b) Notice
				of the hearing must include claimant's statement of facts regarding the claim
				and specify the regulations and statutes the respondent is alleged to have
				violated.
(c) The location of the
				hearing must be designated by the director with due regard for the convenience
				of all parties involved. All hearings are public.
(d) The respondent may be represented by
				counsel. If counsel notifies the division, in writing, that counsel is
				appearing in the matter on behalf of the respondent, service of notice,
				memoranda, recommendations, or other documents will be considered sufficient if
				made on the party, or counsel, or both.
(e) The director shall appoint a hearing
				officer to preside over the hearing and to make findings of fact and
				conclusions of law to be used as a basis for the hearing officer's decision. An
				investigator who has investigated the claim may not be appointed hearing
				officer.
(f) The hearing officer
				has full authority to control the procedure of the hearing and to rule on all
				motions and objections.
(g) The
				hearing officer may admit any relevant evidence, regardless of the existence of
				any common law or statutory or court rule which might make improper the
				admission of such evidence over objection in civil actions, if it is the sort
				of evidence on which responsible persons are accustomed to rely in the conduct
				of serious affairs. Hearsay evidence may be used for the purpose of
				supplementing or explaining any direct evidence but will not be sufficient in
				itself to support a finding unless it would be admissible over objection in
				civil actions.
(h) Oral evidence
				must be given under oath or affirmation. A record of the proceedings will be
				kept.
(i) At the request of the
				respondent or upon the hearing officer's own motion, the hearing officer may
				order the taking of depositions and affidavits relevant to the proceeding and
				may issue subpoenas to compel the attendance of witnesses, and the production
				of papers, books, accounts, records, payrolls, evidentiary documents or other
				evidence at a deposition or the hearing.
(j) At the hearing, the hearing officer,
				respondent, and claimant may
(1) call and
				examine witnesses;
(2)
				cross-examine opposing witnesses on any matter relevant to the issue at hand
				even though that matter was not covered in direct examination; and
(3) introduce exhibits.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 25 - Payment of Wages › 8 AAC 25.020 - Decisions

Current through May 31, 2024
(a) The hearing officer shall prepare a
				written decision containing findings of fact and conclusions of law after the
				close of the hearing.
(b) Upon
				making a decision, the hearing officer shall serve it upon the respondent and
				claimant by personal service or certified mail, return receipt requested. If
				the hearing officer determines that the respondent owes the claimant wages or
				has otherwise violated AS 23.05, the decision may contain those orders and
				other relief as the hearing officer considers appropriate to correct the
				unlawful conduct. The hearing officer's decision is final.
Authority:
AS
					 23.05.060
AS
					 23.05.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 1 - Industrial Welfare › Chapter 25 - Payment of Wages › 8 AAC 25.030 - Definitions

Current through May 31, 2024
In this chapter and in
				  AS
				  23.05.010-23.05.280, unless the context
				  requires otherwise
(1) "director"
				means the director of the labor standards and safety division of the Alaska
				Department of Labor and Workforce Development or the director's
				designee;
(2) "division" means the
				labor standards and safety division of the Alaska Department of Labor and
				Workforce Development;
(3) "rate of
				pay," as used in
				AS
				23.05.160 means all remuneration for service
				from whatever source, including the basic hourly rate of pay, commissions,
				accrued vacation or holiday pay, cash value of board and lodging if customarily
				furnished by the employer and other similar advantages or fringe benefits
				received or anticipated to be received by an individual in the course of
				service that are a contractual condition of the employment;
(4) "regular wage, salary or other
				compensation," as used in
				AS
				23.05.140 means that level of compensation
				paid to an employee for services that was usual and regular for a daily,
				weekly, or monthly period of work, as the case may be; this "regular" level is
				to be determined based on the employee's actual working situation and is not
				limited to a level of compensation based on a "standard" eight-hour workday or
				40-hour workweek where the employee's regular and usual course of employment
				actually involved more or less hours of work for the relevant period; nothing
				in this paragraph requires that an employee have been hired on an hourly or
				weekly basis; the employee may have been paid by piece rate, salary,
				commission, or other method of compensation agreed upon between the employer
				and employee;
(5) "working days,"
				as used in
				AS
				23.05.140 with respect to an employer's
				obligation to pay within three working days after termination of an employee,
				means only Monday through Friday, except any legal holiday occurring in any
				applicable week; however, with respect to computing a penalty due an employee
				under AS
				23.05.140, "working days" means those days an
				employee customarily and regularly worked during the course of
				employment;
(6) "labor performed"
				as used in
				AS
				23.05.140(a), in the context
				of underground mining or tunnel operations, includes all time spent underground
				traveling to or from the mine or tunnel opening to the working face or
				worksite.
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
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 1 - Wages and Hours › 8 AAC 30.010 - Notification of contract awards

Current through May 31, 2024
(a) Within 20 days
				  of awarding a public contract, the state or political subdivision of the state
				  shall notify the commissioner in writing that the contract has been awarded.
				  The writing shall conform to the requirements of
				  AS
				  36.05.035.
(b) Verification of contractors bonding
				  requirements shall be by certified statement furnished to the commissioner by
				  the state or political subdivision of the state which awarded the
				  contract.
Authority:
AS
						36.05.030
AS
						36.05.035
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 1 - Wages and Hours › 8 AAC 30.025 - Fringe benefit contributions

Current through May 31, 2024
(a) Employers must
				  remit contributions to union trusts, approved private pension plans, or other
				  approved fringe benefit plans by the 15th of the month following the accrual of
				  the contribution. If the plan itself has a more stringent remittance deadline,
				  the plan deadline shall prevail. A copy of the actual deposit or other
				  satisfactory proof shall be provided the department upon request.
(b) A private pension plan or other fringe
				  benefit plan as referenced in (a) of this section must meet the following
				  conditions in order to be approved as an offset against the prevailing wage
				  rate requirement for fringe benefits:
(1)
				  plan contributions must be
(A)
				  irrevocable;
(B) deposited on a
				  regular basis, not less than monthly, to a trustee or third-party
				  administrator;
(C) free of
				  administrative expense charges to employees, except reasonable and customary
				  administrative fees charged to the plan as a whole, subject to approval of the
				  plan trustee;
(D)
				  non-discretionary;
(E) factored
				  across all work performed by an employee in public construction and non-public
				  construction with the exception of an automatic vesting 401(k) plan;
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 1 - Wages and Hours › 8 AAC 30.027 - Notice of violation requiring withholding

Current through May 31, 2024
When the department determines, under the authority of
					 AS
					 36.05.030, that a violation has occurred, it
					 shall notify the contracting agency as to the nature and estimated amount of
					 the violation so that the contracting agency can fulfill its obligation to
					 withhold funds under
					 AS
					 36.05.070(4).
Authority:
AS
						23.05.060
AS 36.05.030
AS
						36.05.070
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 1 - Wages and Hours › 8 AAC 30.030 - Notification of withholding accrued payments

Current through May 31, 2024
(a) If the state or
				  a political subdivision of the state withholds accrued payments under those
				  provisions of its contracts required by
				  AS
				  36.05.070(c)(4), the state
				  or political subdivision shall notify the commissioner within three working
				  days.
(b) Notification shall be in
				  writing and contain the following information:
(1) name of state agency or political
				  subdivision of the state that awarded the contract;
(2) name of state agency or political
				  subdivision of the state that is withholding accrued payments;
(3) contractor's name and address;
(4) address of construction site;
(5) job classification being
				  underpaid;
(6) wage rate required
				  by contract; and
(7) wage rate
				  actually being paid.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 1 - Wages and Hours › 8 AAC 30.040 - Notification of termination of contract

Current through May 31, 2024
(a) If the state or
				  a political subdivision of the state terminates a contract under those
				  provisions of its contract required under
				  AS
				  36.05.080, the state or political subdivision
				  of the state shall notify the department within three working days.
(b) Notification shall be in writing and
				  contain the following information:
(1) name
				  of state agency or political subdivision of the state that awarded the
				  contract;
(2) name of state agency
				  or political subdivision of the state that is terminating the
				  contract;
(3) contractor's name and
				  address;
(4) address of
				  construction site;
(5) job
				  classification being underpaid;
(6)
				  wage rate required by contract;
(7)
				  wage rate actually being paid; and
(8) proposed action to be taken to complete
				  construction.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 2 - Wage Scale › 8 AAC 30.050 - Wage scale

Current through May 31, 2024
(a) The department will determine the
				  prevailing wage rate to be paid laborers, mechanics, and field surveyors. The
				  department will publish this determination in the pamphlet
Laborers'
				  and Mechanics' Minimum Rates of Pay.
The department will periodically
				  revise the prevailing wage rate, on a regional basis, to correspond with the
				  prevailing wage rate for similar work.
(b) The prevailing wage will be determined on
				  a regional basis for two geographic regions of the state, north of North 63
				  degrees latitude and south of North 63 degrees latitude. A region may be
				  subdivided into zones if the commissioner determines that the prevailing wage
				  rate has local variations within the region. In determining the prevailing wage
				  rate for a region or zone, the department will consider the prevailing wage
				  that represents majority penetration for each work classification. If there is
				  no majority penetration the department may set the prevailing wage rate in the
				  following manner:
(1) If less than a majority
				  of the persons employed at a particular skill level in a particular job class
				  receive the same wage, the prevailing wage rate will be determined by taking
				  the arithmetic mean (average) of the wages in the survey for the job class
				  being considered.
(2) Prior to
				  calculating the arithmetic mean, the survey will be adjusted by eliminating
				  five percent of the extreme wage rates.
(3) For example, in a survey consisting of 75
				  different pay rates the rates will be arrayed in order of size. Five percent at
				  both ends of the scale, the four highest and four lowest, will be eliminated.
				  The remaining 67 rates will be the final survey from which the arithmetic mean
				  will be determined to be the prevailing rate of pay.
(4) In determining the prevailing wage rate
				  for a region or zone, the department will consider the prevailing union wage,
				  local practice, and any other standard considered by the department to be
				  appropriate.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 2 - Wage Scale › 8 AAC 30.051 - Purpose

Current through May 31, 2024
The purpose of 8 AAC 30.052 - 8 AAC 30.056 is to ensure
					 that wages paid to laborers, mechanics, and field surveyors do not fall below
					 the prevailing rate of pay.
Authority:
AS
						23.05.060
AS
						36.05.010
AS
						36.05.030
AS
						36.10.075
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 2 - Wage Scale › 8 AAC 30.052 - Board and lodging; remote sites

Current through May 31, 2024
(a) A contractor on
				  a public construction project located 65 or more road miles from the
				  international airport closest to the project area in either Fairbanks, Juneau,
				  or Anchorage, or that is inaccessible by road in a two-wheel drive vehicle,
				  shall provide adequate board and lodging to each laborer, mechanic, or field
				  surveyor while the person is employed on the project. If commercial lodging
				  facilities are not available, the contractor shall provide temporary lodging
				  facilities. Lodging facilities must comply with all applicable state and
				  federal laws. For a highway project, the location of the project is measured
				  from the midpoint of the project.
(b) A contractor is not required to provide
				  board and lodging:
(1) to a laborer, mechanic,
				  or field surveyor who is a domiciled resident of the project area; or
(2) on a laborer, mechanic, or field
				  surveyor's scheduled days off, when the person can reasonably travel between
				  the project and the person's permanent residence; for the purposes of this
				  paragraph, "scheduled day off means a day in which a person does not perform
				  work on-site, is not required to remain at or near the job location for the
				  benefit of the contractor, and is informed of the day off at least seven days
				  before the day off.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 2 - Wage Scale › 8 AAC 30.054 - Per diem instead of board and lodging

Current through May 31, 2024
(a) A contractor
				  may pay a laborer, mechanic, or field surveyor per diem instead of providing
				  board and lodging, when the following conditions are met
(1) the department determines that per diem
				  instead of board and lodging is an established practice for the work
				  classification; the department shall publish and periodically revise its
				  determinations in the pamphlet
Laborers' and Mechanics' Minimum Rates
				  of Pay;
(2) the contractor
				  pays each laborer, mechanic, or field surveyor the appropriate per diem rate as
				  published and periodically revised in the pamphlet
Laborers' and
				  Mechanics' Minimum Rates of Pay;
and
(3) the contractor pays the per diem to each
				  laborer, mechanic, or field surveyor on the same day that wages are
				  paid.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 2 - Wage Scale › 8 AAC 30.056 - Alternative arrangement

Current through May 31, 2024
Upon a contractor's written request, the commissioner may
					 approve an alternative board and lodging or per diem arrangement,
					 provided
(1) the arrangement does not
				  reduce the laborer, mechanic, or field surveyor's wages below the prevailing
				  wage rate; and
(2) the laborer,
				  mechanic, or field surveyor voluntarily enters into and signs the written
				  arrangement; a labor organization representing laborers, mechanics, or field
				  surveyors may enter into the written agreement on their behalf.
Authority:
AS
						23.05.060
AS
						36.05.010
AS
						36.05.030
AS
						36.10.075
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.061 - Contracting agency reporting requirements

Current through May 31, 2024
(a) Within 20 days
				  after awarding a contract or grant covered by
				  AS
				  36.10.180, a state agency or political
				  subdivision of the state shall file with the department a notice containing
(1) the name and address of the state agency
				  or political subdivision awarding the contract or grant;
(2) the name of the head of the state agency
				  or political subdivision awarding the contract or grant;
(3) the date of the contract or grant
				  award;
(4) the total amount of the
				  contract or grant;
(5) the location
				  of the project; and
(6) the name
				  and address of each contractor and subcontractor performing work on the
				  project.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.062 - Employer reporting requirements

Current through May 31, 2024
(a) Upon request by
				  the department, an employer required to file a quarterly report of employment
				  and wages under
				  AS
				  23.20.105-23.20.535 shall include in its
				  quarterly report the following information for each employee:
(1) either the occupational title or the
				  four-digit standard occupational classification code for the last position held
				  by the employee; and
(2) the
				  two-digit geographic area code of the employee's primary work
				  location.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.064 - Hiring preference for residents of zone of underemployment

Current through May 31, 2024
(a) For purposes of
				  AS
				  36.10.150, the commissioner will determine
				  that an area is a zone of underemployment if
(1) the rate of unemployment within the area
				  is at least 10 percent greater than the average national unemployment rate for
				  the most recent 12-month period for which unemployment insurance figures are
				  available, or a longer period determined appropriate by the commissioner to
				  take into account unemployment trends exceeding a one-year period; for example,
				  if the national unemployment rate is seven percent, the rate of unemployment in
				  the area must be at least 7.7 percent for the area to be a zone of
				  underemployment;
(2) at least 10
				  percent of the jobs in a particular craft or occupation that would be used on a
				  particular public-funded project could be filled by residents of the area who
				  are trained or experienced in that craft or occupation; a determination under
				  this paragraph will be based on data for the quarter of highest employment for
				  the most recent calendar year for which data is available;
(3) the lack of employment opportunities has
				  substantially contributed to serious social or economic problems in the area,
				  as determined under
				  8 AAC 30.068; and
(4) the employment of nonresidents is a
				  peculiar source of unemployment for residents of the area, as determined under
				  8 AAC 30.069.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.068 - Determination that lack of employment opportunities has substantially contributed to serious social or economic problems

Current through May 31, 2024
For purposes of
					 AS
					 36.10.150-36.10.175 and this chapter, the
					 lack of employment opportunities has substantially contributed to serious
					 social or economic problems if changes in indicators of social and economic
					 problems are linked to changes in the number of people who want to work and are
					 unable to obtain work. The commissioner will use correlation analysis,
					 testimony, professional studies, or other evidence to establish the
					 relationship between unemployment and social or economic
					 problems.
Authority:
AS
						36.10.075
AS 36.10.150
AS 36.10.160
AS 36.10.170
AS
						36.10.175
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.069 - Determination of peculiar source of unemployment

Current through May 31, 2024
For purposes of
					 AS
					 36.10.150-36.10.175, and
					 8 AAC 30.064, the commissioner will determine that
					 employment of nonresidents is a peculiar source of unemployment if more than 10
					 percent of the residents of an area who are trained or experienced in a craft
					 or occupation are unemployed and more than 10 percent of the total number of
					 workers employed in that area in that craft or occupation are not residents of
					 the area.
Authority:
AS
						36.10.075
AS 36.10.150
AS 36.10.160
AS 36.10.170
AS
						36.10.175
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.072 - Determining residency

Current through May 31, 2024
The department will consider the following information in
					 determining whether a person is a resident:
(1) where the person, the person's spouse,
				  and the person's dependent children maintain their principal place of
				  abode;
(2) where the person's
				  dependent children are enrolled in school;
(3) the person's address on driver's
				  licenses;
(4) the person's address
				  on motor vehicle registrations;
(5)
				  where the person's bank, credit union, or other financial accounts are
				  maintained;
(6) the person's
				  address on hunting, fishing, trapping, or other licenses;
(7) where the person is registered to
				  vote;
(8) the person's address as
				  shown on Department of Revenue permanent fund dividend records; and
(9) any other relevant facts.
Authority:
AS
						36.10.075
AS 36.10.140
AS
						36.95.010(4)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.073 - Determination of resident hiring preferences

Current through May 31, 2024
(a) The
				  commissioner will, at least biennially, determine whether an area is a zone of
				  preference under AS 36.10 and this chapter if enough data is available to make
				  that determination.
(b) The
				  commissioner will include, in the annual resident hire report required under
				  AS
				  36.10.130, all resident preference
				  determinations made during the previous calendar year.
(c) When an area has been determined to be a
				  resident hiring zone of preference, the department will notify all contractors
				  of record who are or will be performing work on public-funded projects in the
				  zone, and will notify all state agencies and political subdivisions that have
				  public-funded projects in the zone.
(d) Upon notification under (c) of this
				  section, the resident hiring preference requirements are effective immediately
				  and apply to all public-funded projects in the zone.
Authority:
AS
						36.10.075
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.078 - Resident hiring preferences in overlapping or multiple zones

Current through May 31, 2024
(a) If
				  two areas are determined to be zones of preference under AS 36.10 and this
				  chapter for the same resident hiring preference, and one of the zones is
				  located entirely within the other, the preference requirements will apply to
				  the larger zone.
(b) As provided in
				  AS
				  36.10.150-36.10.175, if a public-funded
				  project is located in more than one zone, the entire project is subject to the
				  resident hiring preferences in effect in those zones.
Authority:
AS
						36.10.075
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.082 - Department determination of eligibility for preference

Current through May 31, 2024
(a) Following a
				  determination under this chapter that an area is a zone of preference, the
				  department's assistance may be requested in determining a person's eligibility
				  for a resident hiring preference in a craft or occupation on a public-funded
				  project. Application for an eligibility determination must be made on a form
				  available from the division or from any state employment center. An applicant
				  may mail or deliver the completed application to the division or to any state
				  employment center.
(b) A person
				  will be determined to be eligible for a resident hiring preference if the
				  person establishes, to the department's satisfaction, that he or she meets the
				  eligibility criteria in
				  AS
				  36.10.140 and
				  36.10.150-36.10.175. An applicant will be
				  notified of the department's determination.
(c) The department will, in its discretion,
				  request that an applicant provide additional information to the department. The
				  additional information will be made a part of the application, and will, in the
				  department's discretion, be used in determining the applicant's
				  eligibility.
(d) If a person is
				  determined under this section to be ineligible, a new application may be
				  submitted if there are new or previously undisclosed facts bearing upon
				  eligibility. The applicant shall note that the application is not an initial
				  application and shall set out the new or previously undisclosed
				  facts.
(e) An employer may rely on
				  the department's determination of eligibility under this section in meeting the
				  requirements of
				  AS
				  36.10.140(c) and
				  36.10.150-36.10.175.
Authority:
AS
						36.10.070
AS 36.10.075
AS
						36.10.140
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.084 - Appeals of eligibility determinations

Current through May 31, 2024
(a) A determination
				  by the department under
				  8 AAC 30.082 that a person is not eligible for a
				  resident hiring preference is final unless the applicant, or the applicant's
				  representative, files a written appeal with the department within 20 days after
				  receipt of the determination.
(b)
				  An appeal must contain the name and mailing address of the applicant, the
				  reasons for the appeal, and any arguments or information in support of the
				  appeal.
(c) The department will, in
				  its discretion, consider any relevant evidence in deciding an appeal even if
				  the evidence is not admissible under Alaska rules of evidence. The department
				  will, in its discretion, request additional information from the applicant. The
				  applicant must respond in writing to a request for additional information
				  within 10 days after receipt of the request. The department will, in its
				  discretion, grant an extension of time to an applicant for good cause
				  shown.
(d) Any notices or other
				  documents in connection with an appeal will be mailed to the last address
				  furnished by the applicant.
(e) The
				  department will issue a written decision on the appeal within 30 days after
				  receipt of the appeal or within 30 days after the submission of additional
				  information requested under (c) of this section. The decision will include
				  findings of fact and conclusions of law, and will be served on all parties to
				  the appeal. The decision under this subsection is the final decision of the
				  department.
Authority:
AS
						36.10.075
AS
						36.10.140
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.086 - Approval of job training programs

Current through May 31, 2024
(a) For the
				  purposes of
				  AS
				  36.10.140(a)(4), the
				  following types of job training programs are approved:
(1) a program approved by the Alaska
				  Commission on Postsecondary Education, or by an equivalent agency in another
				  state if the program is located in another state; or
(2) a program approved by the United States
				  Department of Labor, Office of Apprenticeship.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.088 - Computations regarding hiring preference requirements

Current through May 31, 2024
Computing the number of workers or positions for resident
					 employment preference under AS 36.10 and this chapter might result in a number
					 that contains a fraction. In such cases, the fraction is to be dropped. For
					 example, a result of 4.8 workers should be shown as 4 workers.
Authority:
AS
						36.10.075
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 4 - Investigations and Hearings › 8 AAC 30.090 - Investigations, conference, and persuasion

Current through May 31, 2024
(a) The division
				  will investigate potential violations of AS 36 (Public Contracts), on its own
				  motion or on the complaint of any person.
(b) If, after preliminary investigation, the
				  division finds that probably cause exists to believe that a violation of AS
				  36.05 or AS 36.10 has occurred, the division will provide the respondant
				  believed to have violated AS 36.05 or AS 36.10 a copy of the complaint or a
				  description of the alleged violation by personal service or certified mail to
				  the last known address of the respondent and to the respondent's registered
				  agent, if any. If respondent is a subcontractor, the division will also provide
				  the prime contractor with a copy of the complaint or a description of the
				  alleged violation by personal service or certified mail to the prime
				  contractor's registered agent.
(c)
				  The division will attempt to eliminate the alleged violation through conference
				  and persuasion by providing the respondent and prime contractor an opportunity
				  for an informal conference to discuss the matter and attempt to eliminate the
				  alleged violations.
(d) If an
				  alleged violation is not rectified by the informal conference, or if the
				  respondent or prime contractor fails to attend the conference without good
				  cause, the division will notify the respondent and the prime contractor in
				  writing of the failure of the informal conference. The division will include in
				  its notification a summary of the division's investigative findings.
(e) The respondent or the prime contractor
				  may request a hearing by sending the division a written request postmarked not
				  later than 30 days of date of the division's notification of the failure of the
				  informal conference under (d) of this section. The hearing request must
				  identify any investigative findings in dispute and the basis for the dispute,
				  including any affirmative defenses. Upon receipt of a request for a hearing,
				  the division will refer the case for hearing. Hearings under this section will
				  be conducted in accordance with
				  8 AAC 30.100.
(f) If no timely request for hearing is
				  received, the division's investigative findings will be final.
Authority:
AS
						23.05.060
AS
						36.05.030
AS
						36.10.075
AS
						36.10.120
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 4 - Investigations and Hearings › 8 AAC 30.100 - Hearings

Current through May 31, 2024
(a) Both respondent and complainant may be
				  represented by counsel. If counsel for a party notifies the division, in
				  writing, that counsel is appearing in the matter on behalf of the party,
				  service of notices, memoranda, recommendations, or other papers will be
				  considered sufficient if made on counsel.
(b) The division will give notice to the
				  respondent and to the complainant, if any, of the time and place of the hearing
				  on an alleged violation of AS 36.05 or AS 36.10 by certified mail, or by
				  personal service at least 15 days before the hearing. Mailing to the last known
				  address or the address listed with the division assigned occupational licensing
				  for construction contractors functions in the Department of Commerce,
				  Community, and Economic Development shall be considered valid service. The
				  notice will contain a copy of the complaint and a description of the alleged
				  violation which will be considered at the hearing.
(c) The location of the hearing will be
				  designated by the division with due regard for the convenience of all persons
				  involved. All hearings are public.
(d) The director will appoint a wage and hour
				  investigator or contract with an attorney licensed in this state to serve as
				  hearing officer, to preside over the hearing, and to make findings of fact and
				  conclusions of law to be used as a basis for the director's decision. An
				  investigator who has investigated the alleged violations or taken part in the
				  informal conference under
				  8 AAC 30.090 will not be appointed hearing
				  officer.
(e) The hearing officer
				  has full authority to control the procedure of the hearing and to rule on all
				  motions and objections.
(f) The
				  hearing officer may admit any relevant evidence, regardless of the existence of
				  any common law or statutory or court rule which might make improper the
				  admission of such evidence over objection in civil actions, if it is the sort
				  of evidence on which responsible persons are accustomed to rely in the conduct
				  of serious affairs. Hearsay evidence may be used for the purpose of
				  supplementing or explaining any direct evidence but will not be sufficient in
				  itself to support a finding unless it would be admissible over objection in
				  civil actions.
(g) Oral evidence
				  must be given under oath or affirmation. A record of the proceedings will be
				  kept.
(h) The hearing officer,
				  respondent, and complainant may
(1) call and
				  examine witnesses;
(2)
				  cross-examine opposing witnesses on any matter relevant to the issue at hand
				  even though that matter was not covered in direct examination; and
(3) introduce exhibits.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 4 - Investigations and Hearings › 8 AAC 30.110 - Decisions

Current through May 31, 2024
(a) The hearing officer will prepare a
				  written recommendation to the director containing findings of fact and
				  conclusions of law. A copy of the recommendations will be mailed or otherwise
				  delivered to the respondent and to the complainant, if any. The director will
				  act upon the hearing officer's recommendation and render a final decision
				  within 30 days.
(b) Upon making a
				  decision, the director will serve it upon the respondent and complainant, if
				  any, by personal service or certified mail, return receipt requested. If the
				  director determines that the respondent has violated AS 36.05 or AS 36.10, the
				  decision may contain such cease and desist orders and other orders and relief,
				  including a recommendation that the respondent be placed on a list of violators
				  who are barred from performing public contracts as provided under
				  AS
				  36.05.090 and
				  AS
				  36.10.090, as the director considers
				  appropriate to correct the unlawful conduct.
(c) If, after the director's decision finding
				  the respondent in violation of AS 36.05 or AS 36.10 is served on the
				  respondent, the director determines that the respondent has not ceased or has
				  failed to correct the unlawful conduct, the director will refer the matter to
				  the attorney general for enforcement.
Authority:
AS
						23.05.060
AS 36.05.030
AS 36.10.075
AS 36.10.120
AS
						36.10.125
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 5 - Debarment › 8 AAC 30.200 - Review and recommendations

Current through May 31, 2024
(a) Contractors or
				  subcontractors who have disregarded their obligations to employees as defined
				  in 8 AAC 30.900 may be subject to
				  debarment for three years.
(b)
				  Debarment will be considered in those cases in which a contractor or
				  subcontractor has committed willful, aggravated or repeated violations of the
				  provisions of AS 36.05.
(c) The
				  standards to be considered in determining if the contractor's or
				  subcontractor's violations merit recommendation for debarment are
(1) falsification or concealment of
				  records;
(2) refusal to pay
				  prevailing wages;
(3) failure to
				  pay prevailing wages;
(4) extent
				  and seriousness of the violations; or
(5) three or more violations on the same or
				  separate contracts within a five-year period.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 5 - Debarment › 8 AAC 30.210 - Hearings

Current through May 31, 2024
(a) The respondent may be represented by
				  counsel. If counsel for a party notifies the division, in writing, that counsel
				  is appearing in the matter on behalf of the party, service of notices,
				  memoranda, recommendations, or other papers will be considered sufficient if
				  made on counsel.
(b) The division
				  will give notice to the respondent of the time and place of the hearing on an
				  alleged violation of AS 36.05 by certified mail or by personal service at least
				  15 days before the hearing. The notice will contain a summary of investigative
				  findings that will be considered at the hearing. Service on the address a
				  contractor or subcontractor has provided to the division assigned occupational
				  licensing functions in the Department of Commerce, Community, and Economic
				  Development for the purpose of obtaining a contractor's license, or the last
				  known address furnished by the contractor or subcontractor, shall be considered
				  valid service.
(c) The location of
				  the hearing will be designated by the division with due regard for the
				  convenience of all persons involved. All hearings are public.
(d) The director will appoint a wage and hour
				  investigator or contract with an attorney licensed in this state to serve as
				  hearing officer to preside over the hearing and to make findings of fact and
				  conclusions of law to be used as a basis for the director's decision. An
				  investigator who has investigated the alleged violations or taken part in the
				  informal conference under
				  8 AAC 30.090 will not be appointed hearing
				  officer.
(e) The hearing officer
				  has full authority to control the procedure of the hearing and to rule on all
				  motions and objections.
(f) The
				  hearing officer may admit any relevant evidence, regardless of the existence of
				  any common law or statutory or court rule that might make improper the
				  admission of such evidence over objection in civil actions, if the evidence is
				  the sort of evidence on which responsible persons are accustomed to rely in the
				  conduct of serious affairs. Hearsay evidence may be used for the purpose of
				  supplementing or explaining any direct evidence but is not sufficient in itself
				  to support a finding unless the hearsay evidence would be admissible over
				  objection in civil actions. The hearing officer may issue subpoenas at the
				  request of either party or on the hearing officer's own motion.
(g) Oral evidence must be given under oath or
				  affirmation. A record of the proceedings will be kept.
(h) The hearing officer, respondent, and
				  complainant may
(1) call and examine
				  witnesses;
(2) cross-examine
				  opposing witnesses on any matter relevant to the issue at hand even though that
				  matter was not covered in direct examination; and
(3) introduce exhibits.