Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 3 - Employment Preference › 8 AAC 30.081 - Compliance with preference requirements

Current through May 31, 2024
(a) To comply with
				  AS
				  36.10.150-36.10.175, an employer subject to
				  a resident hiring preference shall meet the relevant resident hire percentage,
				  prescribed under this chapter, for each separate workweek. If an area has been
				  determined to be a zone of preference for more than one type of resident hiring
				  preference, the requirements of each preference apply. An employer may count
				  the hire of an eligible resident toward satisfaction of each preference for
				  which the resident qualifies.
(b)
				  An employer subject to a resident hiring preference shall certify that each
				  person hired as a resident under the preference was eligible for the preference
				  at the time of hiring. The employer's certification must be provided on the
				  weekly certified payroll form filed with the department (Form 07-6058); must
				  include the name and residence address of each employee on the project,
				  including supervisory employees; and must include a statement of compliance
				  with all resident hiring preferences in effect.
(c) A labor organization that dispatches
				  members for work on a public-funded project subject to a resident hiring
				  preference shall certify to the employer at the time of dispatch that each
				  person dispatched as a resident to meet a preference was eligible for the
				  preference at the time of dispatch. The labor organization's certification must
				  be in writing and must include the name and residence address of each person
				  dispatched to the project.
(d) An
				  employer subject to a resident hiring preference who is unable to find enough
				  eligible residents may request from the department a waiver to hire an
				  ineligible person for a specific job. The waiver request must be submitted to
				  the department at least seven calendar days before the waiver is required to be
				  considered for approval. Within three working days, the department shall
				  determine whether the contractor's proposed minimum qualifications for the
				  position covered by the waiver request are acceptable. The employer must place
				  an advertisement using at least one public form of statewide advertising, such
				  as a newspaper with statewide circulation, and must request that the Alaska
				  Employment Service post a statewide facilitated recruitment job order through
				  the Alaska Job Center Network. The advertisement and the job order must run for
				  at least three calendar days, and both must
(1) state that the purpose of the request is
				  to satisfy employment preference requirements of this state under AS 36.10 and
				  that applicants must be residents of this state;
(2) list the job title and minimum
				  qualifications as accepted by the department;
(3) identify the rate of pay including fringe
				  benefits and other compensation, such as travel or room and board;
(4) identify the job location, expected
				  duration of the job, and the number of expected daily and weekly work hours;
				  and
(5) specify that all job
				  seekers apply through the Alaska Job Center Network.