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1 Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR ALASKA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable, at the time you download it. Any substantive change to the contents of this document may result in potential legal liability for you and your company. Agent 77, Inc. accepts no liability or responsibility for any of our documents that have had the contents altered beyond simply filling in the appropriate blanks and/or replacing place holder text and adding your company logo and information. This document is provided to you with the understanding it is not a legal or accounting opinion and should not be construed as such, and that Agent 77, Inc. is not engaged in the business of rendering legal or accounting services. If you need specific advice on any legal or accounting issue, the services of a competent professional should be sought. Please see for more information. This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2012 Agent 77, Inc. Reminder: Agent 77 s license prohibits you from copying and distributing this STATE EMPLOYMENT REGULATIONS FOR ALASKA to anyone outside of your company. Doing so is a violation of this license and will result in the revocation of your subscription and/or prosecution under federal copyright laws as well as possible civil litigation. Please see for a copy of the current license agreement. Alaska_Regs

2 What s New As of November 2005, Alaska requires that any executive, administrative or professional employee be compensated at least twice the minimum wage to be eligible for exemption from overtime New sections added on Job Reference Liability, Breastfeeding Rights, Drug Testing and Smoking in the Workplace As of July 24, 2009 Alaska s minimum wage will match the Federal Minimum of $7.25 per hour. Tipped employees may be paid $ New section added for Access to Personnel Files and Genetic Testing/Discrimination, additional information added for the Discrimination, Child Labor, Breastfeeding Rights, Jury Duty, Drug Testing, Job Reference Liability, Rest Periods, Military Leave and Payment of Wages sections As of January 1, 2010, Alaska's minimum wage is $7.75 per hour; the minimum wage rate in Alaska is to be not less than 50 cents an hour more than the federal minimum wage Information added to Breastfeeding and Drug Testing sections. New section on New Hire Reporting was added. Changes were made to Voting, Child Labor and Discrimination sections. Alaska_Regs

3 Introduction Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum. Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations: Production of goods for commerce, such as transportation or communication Use of mail over state lines Interstate communications using the telephone Use of the Internet over state lines Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations. Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers. In this document we summarize the workplace regulations and worker protections available in Alaska. Although not an exhaustive list, it covers the major topics small to mid-sized employers must deal with on a regular basis. Covered areas include: Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty); Discrimination and harassment regulations; and State rules on continuation of benefits. The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to understand your responsibilities under Alaska and federal law. Also, see the resources section below for reference websites and Libretto tools that can help you comply with these regulations. Alaska_Regs of 9

4 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR ALASKA Topic Minimum Wage Alaska Regulation $7.75 / hour No tip credit is allowed. Certain exemptions may apply to those individuals whose earning capacity is impaired by physical or mental deficiency, age or injury; and apprentices or learners. Minimum wage provisions do not apply to individuals employed in certain professions. A summary of the law must be posted in a conspicuous place. Employers must keep records for each employee. Overtime Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a given week or 8 in a given day. There are some exemptions from overtime pay for certain occupations detailed in to state law. Employers covered by the law must keep a summary of the law, approved by the Commissioner of the Labor Department, posted in a conspicuous location in the workplace. Payment of Wages Employees must be paid at least monthly or semi-monthly, at the discretion of the employee, unless mutually agreed to in an annual contract. Final paychecks must be delivered no later than the following payday for voluntary terminations and three business days after the last day of employment for dismissals. Vacation pay may be due upon termination if the employee is contractually due vacation pay at the time of his/her involuntary dismissal or it is the employer policy to provide it. Employers may make payment by direct deposit if voluntarily authorized by the employee. Employers must provide statement of earnings. Work Hours and Breaks New Hire Reporting Alaska has no break time rules, except for minors. There are certain work hours that apply to miners - please refer to applicable Alaska statutes. New hires and rehires must be reported to the State as detailed below. Alaska_Regs of 9

5 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR ALASKA Child Labor Military Leave Jury Duty Voting Time Family Leave Breastfeeding Rights Drug Testing Required 30-minute break for every 6 consecutive hours worked. Federal and Alaska law prohibit minors in certain occupations. See the U.S. Department of Labor and the Alaska Department of Labor & Workforce Development for information on these prohibitions (contact information is in the reference section). See the details section below for restrictions on hours minors may work. Certain minors require a written work authorization authorized by the Commissioner of Labor. Covered employers must grant eligible employees up to 16 1/2 working days of paid military leave in any 12-month period; except that when called to active duty by the governor, paid leave is for up to 5 days. Employees must request re-employment. Employees must be returned to their previous or comparable positions regarding pay, seniority and benefits levels. Leave is required, employees may not be terminated or threatened to be terminated for being on jury duty. Employers are not required to pay employees for the time spent on jury service or prospective jury service. Enough time to vote, provided employee does not have 2 hours of unscheduled time when polls are open. Voting time is paid. Under the federal FMLA, employers with 50 or more employees: o Must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. o Leave must be granted for birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and serious injury or illness of covered service member for military family leave. o Employee must be reinstated to same or equivalent position after completion of leave. o Benefits must be maintained during leave. Mothers must be allowed to breastfeed their child in any place that they otherwise are allowed to be. Although employers are not specifically mentioned in the statutes, they can be construed to include places of employment. Employers that implement drug-free workplace policy conforming to state regulations are protected against damages with some exceptions detailed below. Alaska_Regs of 9

6 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR ALASKA Smoking in the Workplace Job Reference Liability Access to Personnel Files Discrimination and Harassment Continuation of Benefits Alaska prohibits smoking many public places (see below for details). Posting of no smoking signs required. Upon request of a prospective employer or current/former employee, employers who in good faith disclose job performance information about current or former employees are generally not liable for the disclosures and their consequences. Employers must permit an employee or former employee to inspect his/her personnel file and make copies Alaska prohibits employers from discriminating based on ancestry or national origin, race or color, religion, age, physical or mental disability, marital status or change in marital status, service in the National Guard or Naval Militia, parenthood or sex (including, pregnancy, childbirth, and other pregnancy-related conditions) It is an unlawful employment practice to collect DNA sample from a person without obtaining informed and written consent. Additionally, the Genetic Information Nondiscrimination Act (GINA) applies to employers with more than 15 employees. Discrimination based on sexual orientation is prohibited in the city of Anchorage. Alaska has no provisions for continuation of benefits for employees of companies with fewer than 20 employees. The federal COBRA law may apply. Alaska_Regs of 9

7 Wage, Hour and Overtime Rules Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage Alaska's minimum wage is $7.75 per hour and effective January 1, 2010, is to be not less than 50 cents per hour more than the federal minimum wage per hour. Alaska does not allow employers to take a tip credit for their tipped employees; all employees must be paid at least the minimum wage. Minimum wage provisions do not apply to individuals employed in certain professions detailed in state law. All employers covered by the wage-hour law must keep a summary of the law, approved by the Commissioner of the Labor Department, posted in a conspicuous location in the workplace. Employers must keep records at the workplace that show for each employee the name, address and occupation; the rate of pay and the amount paid each pay period; the hours worked each day and each workweek and other payroll information that the Commissioner of the Labor Department may require. Both federal and Alaska regulations allow employers to apply for licenses to pay subminimum wages to certain disabled persons and student learners. Please contact the U.S. Department of Labor or the Alaska Department of Labor & Workforce Development for more information on applying for these licenses. (Contact information for both are listed in the reference section below.) Overtime Alaska regulations require that for any hours worked over 40 in a given week or 8 in a given day, non-exempt employees must be paid at least one and one-half times their regular pay. Like the federal rules, Alaska exempts certain employees from minimum wage and overtime rules. Excluded employee classes include, but is not limited to: executive, administrative, professional, outside salespeople and computer professionals. All employers covered by the wage-hour law must keep a summary of the law, approved by the Commissioner of the Labor Department, posted in a conspicuous location at the workplace. (Use Libretto s FLSA Resource Package for help in determining whether a given employee is exempt). Alaska also permits exemptions for certain small employers not involved in interstate commerce. See the Alaska Department of Labor & Workforce Development web site for a list of these exemptions. Payment of Wages Alaska law requires that employees be paid either monthly or semi-monthly, at the election of the employee, unless monthly pay periods are mutually agreed to in an annual contract of employment. Payment of wages may be made by direct deposit if so authorized by the employee. Final paychecks must be delivered no later than the following payday when the employee leaves voluntarily. When an employee is terminated involuntarily, final paychecks must be Alaska_Regs of 9

8 delivered no more than three (3) working days after the last day of employment. Deductions from the final paycheck may not be made without the employee's written consent, unless required by law. Employers must give each employee a statement of earnings and deductions for each pay period including pay rate, gross and net wages, pay period dates, weekly hours worked, deductions, boarding and lodging costs, advances and other authorized deductions. Vacation pay may be due upon termination if the employee is contractually due vacation pay at the time of his/her involuntary dismissal or it is employer policy to provide it. Employers must keep records at the workplace that show for each employee the name, address and occupation, the rate of pay and the amount paid each pay period; the hours worked each day and each workweek; and other information the Commissioner of the Labor Department may require. Work Hours and Breaks Alaska has no break time rules, except for minors (see below). New Hire Reporting New hires and rehires must be reported within 20 days after the hiring or return to work. Employers must use the Alaska New Hire Reporting Form, federal form W-4 or an equivalent to report the information. The reports are sent to Alaska Child Support Enforcement Division. Child Labor Alaska law requires that any minor under the age of 18 working six (6) or more continuous hours in a day be given a 30-minute break no sooner than 1½ hours after starting work or later than ½ hour before the end of work. Employers must provide persons under 18, who work for 5 consecutive hours, with at least a 30 minute break before continuing to work, unless otherwise provided by a collective bargaining agreement. Employers may schedule the breaks within the guidelines stated above. Employers who employ minors less than 16 years of age are subject to strict limits for hours worked per day and per week for their minor employees: Minors under the age of 18 may NOT work more than six (6) days a week. A minor under 16 years of age may not be employed for more than a combined total of 9 hours' school attendance and employment in one (1) day. If employed, the minor's work may be performed only between 5:00 AM and 9:00 PM. Employment outside school hours may not exceed 23 hours in a week, domestic work and baby-sitting excepted. Except as otherwise authorized, a minor under 17 years of age who has not been emancipated for general purposes under state law generally may not be employed or allowed to work without the written authorization of the Commissioner of Labor. Employers may employ a minor who is at least 14 years of age to perform a specific job consisting of listed duties without the written authorization of the Commissioner of Labor if the employer has, in advance, secured the approval of the Commissioner. A minor under 14 years of age may not be employed or allowed to work in an occupation outside school hours, except in domestic employment, baby-sitting, and handiwork in and about private homes; newspaper delivery or sales; or canneries in warehouse work casing Alaska_Regs of 9

9 cans under competent supervision. Employment of minors 14 and 15 years of age is prohibited in numerous occupations. A minor under 18 years of age may not be employed in an occupation dangerous to life or limb or injurious to the health of the minor, unless the Commissioner of Labor determines otherwise and grants exemptions in writing for a minor years of age: 1) outside school hours or while on school vacation, or 2) if the minor is no longer attending school. No person may employ a minor under the age of 18 to work in the entertainment industry in any practice, exhibition or situation that would place the minor in clear and present danger to the minor's health, development, welfare, or in any illegal indecent or lewd exhibition or practice. A minor cannot be employed in occupations in hospitals, clinics, dental, orthodontic or other medical or dental offices that involve exposure to blood borne pathogens unless a) the minor is at least 16 years of age and is enrolled in or has successfully completed a statecertified training course or a health care career program in conjunction with high school or b) the minor is 17 years old and is enrolled in or has successfully completed an approved health care career program that is offered by a training facility other than a school. Certain restrictions and permissions apply to mine workers according to rules established by the Commissioner of Labor. Both federal and Alaska law prohibits minors from working in hazardous or certain other occupations. Please contact the U.S. Department of Labor or the Alaska Department of Labor & Workforce Development for more information on restricted occupations for minor employees. Leaves of Absence Family Leave Under the federal Family Medical Leave Act (FMLA) employers with 50 or more employees must: Grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. Leave must be granted for the birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and serious injury or illness of covered service member for military family leave. After completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Benefits, such as health care coverage and retirement benefits, must be maintained during leave. Military Leave Alaska provides that covered employers must grant eligible employees up to 16 1/2 working days of paid military leave in any 12-month period; except that, when called to active duty by the governor, paid leave is for up to 5 days. Employees who are hospitalized as a result of active state service lose their right to reemployment unless they request reemployment within 30 days after receiving a statement from their treating physician that they have reached maximum recovery and are released to return to full-time work. Alaska_Regs of 9

10 Employees who are members of the organized militia are eligible for leave to perform active state service. Employers must return former employees returning to active state service to their previous position, or a comparable position, at the pay, seniority and benefit level they would have had if they had not been absent. Employees must report for work at the beginning of the workday following the last day necessary to travel from the site of active state service to the work site. For federal military leave regulations, please see Libretto s White Paper on USERRA for more details on military leave. Jury Duty Employers must provide leave for jury duty, and may not terminate or threaten to terminate employees called to jury duty or coerce or penalize them because they receive or respond to a summons for jury service, serve as a juror or attend court for prospective jury service. Employees covered by FLSA exemptions serving on a federal jury or grand jury must be paid their full salary (minus any jury stipend) or risk losing their exemption status. There are no regulations regarding the pay of non-exempt employees or for any employees serving on a state or local jury. Voting Time Employees must be granted enough time to vote, unless the employee has 2 hours of unscheduled time when polls are open. Voting time must be paid. Other Employment Regulations Breastfeeding Rights Under Alaska law mothers may not be prohibited from breastfeeding their child in any location where they are otherwise authorized to be. In state laws and municipal ordinances, "lewd conduct", "lewd touching", "immoral conduct", "indecent conduct" and similar terms do not include the act of breastfeeding. Although statutes do not mention employers specifically, they can be construed to include places of employment. Drug Testing Employers may require a pre-employment drug test, provided that the applicant is notified in advance of such a test. In addition, employers may implement a random pre-employment, reasonable suspicion, or post-accident drug test, provided that they have a written policy, including a notice given to applicants and employees, through a handbook or posting the policy in the workplace. This policy must include, at a minimum: a statement of policy, who is subject to testing, when testing may be required and what is being tested for, testing methods, an employee's right to second test after a positive result, consequences for refusing testing or having a positive test result, the employee s rights to obtain written test results and the employer s obligations to provide these within 5 days after such a request. Employers who implement a drug testing policy in compliance with Alaska law are protected against damages from an employee or prospective employee who had a positive test and as a result suffered an adverse employment action unless the employer action was based on a false-positive test result and the employer knew or clearly should have known that the result was in error, and willfully, recklessly or maliciously ignored the true test result. Alaska_Regs of 9

11 Employers must ensure that at least one designated employee receives minimum one hour training on alcohol misuse, plus additional one hour training on controlled substances, to be used by designee to determine whether reasonable suspicion exists to require testing. Drug testing must include confirmation of positive test results by different analytical process than used in initial screening and be reviewed by a licensed physician before employer reliance. Drug testing information must be kept confidential. Smoking in the Workplace Alaska prohibits smoking in many public spaces, including schools (public and private), waiting rooms, rest rooms, lobbies or hallways of any health care institution, laboratory or provider, restaurants that seat 50 or more, grocery stores or other retail food sale establishments, and any place of business where the owner has posted a no smoking sign. Persons in charge of indoor places in Alaska may designate smoking sections, but must make reasonable accommodations for the needs of both smokers and nonsmokers. Persons in charge of indoor places must conspicuously display a sign that reads "Smoking Prohibited by Law - Maximum Fine $50" and include the international sign for no smoking. Signs can be obtained from the Department of Environmental Conservation. Job Reference Liability Employers who in good faith give out information about current or former employees job performance, are generally protected from the disclosures and their consequences. Presumption of good faith is rebuttable if employers recklessly, knowingly or maliciously disclose false/misleading information or disclose information in violation of state or federal laws. Access to Personnel Files Employers must allow an employee or former employee to inspect his/her personnel file (and other personnel information concerning the employee that is maintained by the employer) under reasonable rules during regular business hours. Employers must permit an employee or former employee to make copies of the employee's personnel file; the employer may require an employee or former employee to pay the reasonable cost of duplication. Discrimination and Harassment Alaska prohibits discrimination or harassment based on: Ancestry or national origin Race or color Religion Age Mental or physical disability Service in the National Guard or Naval Militia Marital status or changes in marital status Parenthood/maternity, or Sex (pregnancy, childbirth, and other pregnancy-related conditions) Alaska_Regs of 9

12 Although Alaska state law does not specifically cover sexual harassment, Title VII of the Civil Rights Act of 1964, as amended, applies to employers with more than 15 employees. Alaska requires that employers make and keep confidential records of the age, race and sex for employment applicants and employees for 2 years. Alaska's genetic testing laws state that a DNA sample and the results of DNA analysis performed on the sample are the exclusive property of the person sampled or analyzed. It is an unlawful employment practice to collect a DNA sample from a person, perform a DNA analysis on a sample, retain a DNA sample or the results of a DNA analysis, or disclose the results of a DNA analysis unless the person has first obtained the informed and written consent of the person for the collection, analysis, retention or disclosure with some exceptions listed in the Alaska state statute. Additionally, employers with more than 15 employers are covered by GINA which prohibits discrimination based on genetic testing information. State Continuation of Benefits Alaska has no provisions for continuation of benefits for employees of companies with fewer than 20 employees (companies with 20 or more employees are subject to the federal COBRA regulations). Resources/Employment Posters State Commission for Human Rights Alaska Department of Labor & Workforce Development United States Department of Labor Department of Labor, Labor and Standards and Safety Division Alaska Department of Child Support Enforcement Division Related Libretto Products FLSA Resource Package (for help in determining overtime exempt / non-exempt status of employees) Overtime Guidelines Break Period Guidelines Family Medical Leave of Absence Policy Military Leave of Absence Policy Jury Duty-Witness Leave Policy Voting Time Policy Alaska_Regs of 9

13 Drug & Alcohol Testing Policy & Release Forms Guidelines on Smoking In the Workplace Guidelines on Verification of Employment and Providing References Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement COBRA Continuation Coverage Policy General Notice of COBRA Continuation Coverage Rights COBRA Continuation Coverage Election Information: Notice And Form New Hire Reporting for Alaska Alaska_Regs of 9