Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.20.378 Able to work and available for suitable work.
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(a) An insured worker is entitled to receive waiting-week credit or benefits for a week of unemployment if for that week the insured worker is able to work and available for suitable work. An insured worker is not considered available for work unless registered for work in accord…
AS 23.20.379 Voluntary quit, discharge for misconduct, and refusal of work.
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(a) An insured worker is disqualified for waiting-week credit or benefits for the first week in which the insured worker is unemployed and for the next five weeks of unemployment following that week if the insured worker (1) left the insured worker's last suitable work voluntaril…
AS 23.20.380 Disqualification for benefits. [Repealed, § 80 ch 9 SLA 1980.]
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[Repealed or reserved.]
AS 23.20.381 Other disqualifications.
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(a) Benefits are not payable to any individual on the basis of any services, substantially all of which consist of participation in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive seasons …
AS 23.20.382 Benefits while attending approved vocational training course.
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(a) Benefits or waiting-week credit for any week may not be denied an otherwise eligible individual because the individual is attending a vocational training or retraining course with the approval of the director of the division responsible for employment and training services or…
AS 23.20.383 Labor dispute disqualification.
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(a) An insured worker is disqualified for waiting-week credit or benefits for a week of the insured worker's unemployment if, for that week, the department finds the insured worker's unemployment is due to a stoppage of work caused by a labor dispute at the immediate establishmen…
AS 23.20.385 Suitable work.
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(a) Work may not be considered suitable and benefits may not be denied under a provision of this chapter to an otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) if the position offered is vacant due directly to a strike, lock…
AS 23.20.387 Disqualification for misrepresentation.
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(a) An insured worker is disqualified for benefits for the week with respect to which the false statement or misrepresentation was made and for an additional period of not less than six weeks or more than 52 weeks if the department determines that the insured worker has knowingly…
AS 23.20.390 Recovery of improper payments; penalty.
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(a) An individual who receives a sum as benefits from the unemployment compensation fund when not entitled to it under this chapter is liable to the fund for the sum improperly paid to the individual. (b) The department shall promptly prepare and deliver or mail to the individual…
AS 23.20.392 Deductions from back pay awards.
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An employer who makes a deduction from a back pay award to an insured worker because of the insured worker's receipt of benefits under this chapter for which the insured worker is ineligible by reason of the back pay award, shall pay into the unemployment trust fund an amount equ…
AS 23.20.395 Waiver of rights void.
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(a) An agreement by an individual to waive, release, or commute the individual's right to benefits or any other rights under this chapter is void. (b) An agreement by an individual in the employ of a person or concern to pay all or a portion of an employer's contributions require…
AS 23.20.400 Limitation of fees.
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(a) An individual claiming benefits may not be charged a fee of any kind in a proceeding under this chapter by the department or its representatives, or by a court or an officer of a court. An individual claiming benefits in a proceeding before the department or its representativ…
AS 23.20.401 Child support interception.
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(a) Notwithstanding any other provision of this chapter, an individual filing a new claim for unemployment compensation must disclose whether child support obligations as defined in (h) of this section are owed by that individual. If the individual discloses that child support ob…
AS 23.20.403 Voluntary income tax withholding.
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(a) When an individual files a new claim for unemployment compensation, the department shall advise the individual that (1) unemployment compensation benefits are subject to federal income tax; (2) federal requirements exist pertaining to estimated federal tax payments; (3) the i…
AS 23.20.405 Assignment void; exemption of benefits.
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Article 7. Extended Unemployment Compensation. (a) An assignment, pledge, or encumbrance of a right to benefits which are or may become due or payable under this chapter is void. (b) [Repealed, § 14 ch 62 SLA 1982.] (c) [Repealed, § 14 ch 62 SLA 1982.] (d) A waiver of an exemptio…
AS 23.20.406 Extended benefits.
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(a) Except when the result would be inconsistent with other provisions of this chapter, the provisions of this chapter which apply to claims for or the payment of regular benefits apply to claims for and the payment of extended benefits. (b) An individual is eligible to receive e…
AS 23.20.407 Weekly extended benefit amount; total payable.
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(a) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period is an amount equal to the weekly benefit amount, including the allowance for dependents, payable to the individual during the applicable benefit…
AS 23.20.408 Extended benefit periods.
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(a) When an extended benefit period is to become effective in this state as a result of a state “on” indicator, or an extended benefit period is to be terminated in this state as a result of a state “off” indicator, the department shall make an appropriate public announcement. (b…
AS 23.20.409 Definitions for AS 23.20.406 — 23.20.409.
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Article 8. Appeals. In AS 23.20.406 — 23.20.409, (1) “applicable benefit year” means, with respect to an individual, the current benefit year if, at the time an initial claim for extended benefits is filed, the individual has an unexpired benefit year only in the state against wh…
AS 23.20.410 Appeal tribunals.
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The department shall appoint one or more referees, each of whom constitutes an appeal tribunal to hear and decide appeals from determinations and redeterminations.
AS 23.20.415 Review by appeal tribunal.
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(a) A party entitled to notice of determination provided in AS 23.20.340 may file an appeal from the determination to an appeal tribunal within the time specified in that section. However, an appeal from a determination which involves AS 23.20.383 shall be made to the department.…
AS 23.20.420 Hearing procedure and record.
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(a) Each party shall be promptly given a reasonable opportunity for fair hearing. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. The appeal tribunal shall …
AS 23.20.425 Consolidated appeals.
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(a) When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, as long as no party is prejudiced, (1) the same time and place for considering all cases may be fixed; (2) hearings on the cases may be jointly conduct…
AS 23.20.430 Notice of decision and time for appeal.
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After a hearing an appeal tribunal shall promptly make findings and conclusions and on the basis of them shall affirm, modify, or reverse the determination. Each party shall be promptly given a copy of the decision, the supporting findings, and the conclusions. This decision is f…
AS 23.20.435 Review by department.
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(a) An appeal to the department by a party is a matter of right if the decision of the appeal tribunal reverses or modifies the determination of the department, or if a question arising under AS 23.20.383 is presented. In all other cases further appeal to the department is permit…
AS 23.20.440 Removal of appeal to department.
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The department may remove to itself or transfer to another appeal tribunal an appeal pending before an appeal tribunal. In an appeal removed to the department, before a fair hearing has been completed, the parties shall be given a fair hearing by the department as required by AS …
AS 23.20.445 Notice of decision of department and judicial review.
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Each party, including the properly designated representative of the department, shall be promptly given a copy of the decision and the supporting findings and conclusions of the department. The decision is final unless a party initiates judicial review by filing an appeal in the …
AS 23.20.450 Conclusiveness of final determinations and decisions.
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(a) Except to the extent there is a redetermination under AS 23.20.330 — 23.20.405, all final determinations and decisions are conclusive upon employing units with notice, the department, and the claimant. A final determination or decision as to benefit rights is not subject to c…
AS 23.20.455 Rule of decision and certification to department.
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(a) Final decisions of the department and the principles of law declared in their support are binding in all subsequent proceedings under this chapter involving similar questions unless expressly or impliedly overruled by a later decision of the department or of a court. Final de…
AS 23.20.460 Limitation of fees.
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A claimant may not be charged fees or costs of any kind by the department, its representative, an appeal tribunal, a court, or a court officer. However, a court may assess costs against the claimant if it determines that the proceedings for judicial review have been instituted wi…
AS 23.20.465 Representation of claimant.
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A claimant in a proceeding before the department or an appeal tribunal may be represented by counsel or other authorized agent. The counsel or agent may not charge or receive for services more than an amount approved by the department.
AS 23.20.470 Attorney fees.
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Article 9. General Provisions. (a) An attorney at law representing a claimant on appeal to the courts is entitled to reasonable counsel fees as fixed by the court and necessary court costs and printing disbursements as fixed by the court. (b) The department shall pay the counsel …
AS 23.20.475 Amendment or repeal.
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There may be no vested right of any kind against the state as the result of enactment, amendment, or repeal of this chapter.
AS 23.20.480 Termination.
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(a) If the Federal Unemployment Tax Act is amended or repealed by Congress, or is held unconstitutional by the United States Supreme Court, with the result that no portion of the contributions required under this chapter may be credited against the tax imposed by the federal Act,…
AS 23.20.485 False statement to secure benefits.
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A person who makes a false statement or misrepresentation knowing it is false or who knowingly fails to disclose a material fact, with intent to obtain or increase a benefit or other payment under this chapter or under an employment security law of another state, of the federal g…
AS 23.20.486 Participation in the federal offset program.
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In addition to any remedies authorized by this chapter, the department may offset any covered unemployment compensation debt against a claimant's federal income tax refund in accordance with 26 U.S.C. 6402.
AS 23.20.490 Acts of employer prohibited.
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(a) An employing unit or an officer or agent of an employing unit may not (1) make a false statement or representation knowing it is false; (2) knowingly fail to disclose a material fact to prevent or reduce the payment of benefits to an individual entitled to them, or to avoid o…
AS 23.20.495 Noncompliance with subpoena of agency.
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A person who, without just cause, fails or refuses to attend and testify or to answer a lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in the person's power to do so, in obedience to a subpoena of the department, an appeal tribu…
AS 23.20.497 Binding effect of department decisions.
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(a) A finding of fact or law, judgment, conclusion, or final order made with respect to a claim for unemployment compensation under this chapter is not conclusive or binding in any separate or subsequent action or proceeding in another forum concerning proceedings not under this …
AS 23.20.500 Violation of statute or regulations.
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A person who wilfully violates a provision of this chapter or an order or regulation under it, the violation of which is made unlawful or the observance of which is required under this chapter, and for which a penalty is not prescribed in this chapter or provided by another appli…
AS 23.20.505 Unemployed defined.
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(a) An individual is considered “unemployed” in a week during which the individual performs no services and for which no wages are payable to the individual, or in a week of less than full-time work if the wages payable to the individual for the week are less than one and one-thi…
AS 23.20.510 Pay period.
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(a) If the service performed during one-half or more of a pay period by an individual for an employing unit constitutes employment, all the service of the individual for the period is considered employment. (b) If the service performed during more than one-half of a pay period by…
AS 23.20.515 Earnings of fishermen not subject to contributions. [Repealed, § 26 ch 122 SLA 1977.]
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[Repealed or reserved.]
AS 23.20.520 Definitions.
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In this chapter, unless the context otherwise requires, (1) “American vessel” means a vessel documented or numbered under the laws of the United States, or a vessel not documented or numbered under the laws of the United States nor documented under the laws of a foreign country, …
AS 23.20.525 “Employment” defined.
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(a) In this chapter, unless the context otherwise requires, “employment” means (1) service performed by an individual for wages or by an officer of a corporation, including service in interstate commerce; (2) service performed by an individual who, under (8) of this subsection, h…
AS 23.20.526 Exclusions from definition of “employment”.
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(a) In this chapter, unless the context otherwise requires, “employment” does not include (1) domestic service in a private home, except as provided in AS 23.20.525(a)(13); (2) newsboys' services in selling or distributing newspapers on the street or from house to house; (3) serv…
AS 23.20.530 Wages defined.
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(a) In this chapter, “wages” means all remuneration for service from whatever source, including insured work, noninsured work, or self-employment; commissions, bonuses, back pay, and the cash value of all remuneration in a medium other than cash shall be treated as wages; gratuit…
AS 23.20.535 Short title.
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This chapter may be cited as the Alaska Employment Security Act.
AS 23.25.010 Liability to employees for defects or insufficiency of machinery.
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A person engaged in manufacturing, mining, constructing, building, or other business or occupation carried on by means of machinery or mechanical appliances is liable to an employee or, in the event of the employee's death, to the employee's personal representative for the benefi…
AS 23.25.020 Contributory negligence not a defense.
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In an action against a master or employer under AS 23.25.010 the fact that the employee may have been guilty of contributory negligence does not bar a recovery where the employee's contributory negligence was slight and the negligence of the employer was gross in comparison, but …