Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.10.050 Public policy.
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It is the public policy of the state to (1) establish minimum wage and overtime compensation standards for workers at levels consistent with their health, efficiency, and general well-being, and (2) safeguard existing minimum wage and overtime compensation standards that are adeq…
AS 23.10.055 Exemptions; compensation of executives, administrators, and professionals.
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(a) The provisions of AS 23.10.050 — 23.10.150 do not apply to (1) an individual employed in agriculture, which includes farming in all its branches and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harv…
AS 23.10.060 Payment for overtime.
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(a) An employer who employs employees engaged in commerce or other business, or in the production of goods or materials in the state, may not employ an employee for a workweek longer than 40 hours or for more than eight hours a day. (b) If an employer finds it necessary to employ…
AS 23.10.065 Minimum wages.
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(a) Except as otherwise provided for in law, an employer shall pay to each employee a minimum wage, as established herein, for hours worked in a pay period, whether the work is measured by time, piece, commission or otherwise. An employer may not apply tips or gratuities bestowed…
AS 23.10.066 Minimum paid sick leave benefit.
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Employers in the state are required to provide their employees paid sick leave as follows: (1) employers with 15 or more employees shall allow employees to accrue a minimum of one hour of paid sick leave for every 30 hours worked, but employees are not entitled to accrue or use m…
AS 23.10.067 Utilization of paid sick leave benefit.
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The paid sick leave benefit required under AS 23.10.066 may be utilized as follows: (1) employees shall be permitted to use paid sick leave for: (A) an employee's mental or physical illness, injury, or health condition; the employee's need for medical diagnosis, care, or treatmen…
AS 23.10.068 Limitations, notice, and violations related to paid sick leave benefit.
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(a) Nothing in AS 23.10.066 — 23.10.067 shall be construed as: (1) requiring financial reimbursement to an employee following the employee's termination, resignation, retirement, or other separation for unused paid sick leave, unless otherwise required by law; (2) preempting, lim…
AS 23.10.069 Exemptions from paid sick leave benefit.
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(a) Employment described in AS 23.10.070, 23.10.071, AS 33.30.201, and 33.30.191 is exempt from the requirements of AS 23.10.066 — 23.10.068. (b) Employment described in AS 23.10.055(a)(l) — (8) and (10) — (18) is exempt from the requirements of AS 23.10.066 — 23.10.068. However,…
AS 23.10.070 Exemptions from minimum wage.
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To the extent necessary to prevent curtailment of opportunities of employment, the commissioner may by regulations or orders provide for the employment at wages lower than the minimum wage prescribed in AS 23.10.050 — 23.10.150 of (1) an apprentice at the wages that are approved …
AS 23.10.071 Wages for work therapy.
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(a) For work therapy, as defined in AS 47.37.270, a participant in a residential drug abuse or alcoholism treatment program designed to extend more than 120 days may be paid less than the minimum wage prescribed in AS 23.10.050 — 23.10.150 if the rate has been approved by the com…
AS 23.10.075 Labor standards and safety division.
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There is established in the department the division of labor standards and safety. The director of the division is responsible to the commissioner. The director shall administer AS 18.60.010 — 18.60.105 and AS 23.10.050 — 23.10.150.
AS 23.10.080 Powers and duties of division.
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The director, or an authorized representative of the director, shall (1) investigate and ascertain the wages and related conditions and standards of employment of any employee in the state; (2) enter the place of business or employment of an employer at reasonable times for the p…
AS 23.10.085 Scope of administrative regulations; room and board deductions.
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(a) The director may adopt, amend, or rescind administrative regulations not inconsistent with the purposes and provisions of AS 23.10.050 — 23.10.150 that are necessary for the administration of AS 23.10.050 — 23.10.150. (b) The regulations may, without limiting the generality o…
AS 23.10.090 Administrative procedures.
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Regulations adopted or hearings conducted under AS 23.10.050 — 23.10.150 shall be adopted or conducted and be subject to judicial review in accordance with AS 44.62 (Administrative Procedure Act).
AS 23.10.095 Adoption of federal regulations.
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The commissioner may adopt regulations and interpretations that are made by the administrator of the Wage and Hour Division of the federal Department of Labor and that are not inconsistent with AS 23.10.050 — 23.10.150.
AS 23.10.100 Employer to keep records.
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(a) An employer shall keep for a period of at least three years at the place where an employee is employed a record of the name, address, and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work…
AS 23.10.105 Posting summary required.
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An employer subject to AS 23.10.050 — 23.10.150 shall keep a summary or abstract of these sections, approved by the commissioner, posted in a conspicuous location at the place where a person subject to them is employed. An employer shall be furnished copies of a summary by the st…
AS 23.10.110 Remedies of employee; attorney fees; offers of judgment; settlement; waiver.
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(a) An employer who violates a provision of AS 23.10.060 or 23.10.065 is liable to an employee affected in the amount of unpaid minimum wages, or unpaid overtime compensation, as the case may be, and, except as provided in (d) of this section, in an additional equal amount as liq…
AS 23.10.115 Enforcement by injunction.
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If it appears to the commissioner that an employer is engaged in an act or practice that violates or will violate a provision of AS 23.10.050 — 23.10.150 or of a regulation adopted under these sections, the commissioner may bring an action in a competent court to enjoin the act o…
AS 23.10.120 Enforcement of subpoenas.
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If a person fails to comply with a subpoena issued under AS 23.10.080, or if a witness refuses to produce evidence or to testify to a matter regarding which the witness may be lawfully interrogated, a competent court shall, upon application of the commissioner or an authorized re…
AS 23.10.125 Collective bargaining.
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AS 23.10.050 — 23.10.150 do not limit the right of employees to bargain collectively through representatives of their own choosing to establish wages or conditions of work in excess of the applicable minimum under AS 23.10.050 — 23.10.150 or to establish hours of work shorter tha…
AS 23.10.130 Statute of limitations.
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An action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages under AS 23.10.050 — 23.10.150 is forever barred unless it is started within two years after the cause of action accrues. For the purposes of this section an action is considered to be started…
AS 23.10.135 Violations.
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An employer violates AS 23.10.050 — 23.10.150 if the employer (1) hinders or delays the commissioner or an authorized representative of the commissioner in the performance of their duties in the enforcement of AS 23.10.050 — 23.10.150; (2) refuses to admit the commissioner or an …
AS 23.10.140 Penalty.
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An employer who violates a provision of AS 23.10.050 — 23.10.150, or of any regulation or order of the commissioner issued under it, upon conviction is punishable by a fine of not less than $100 nor more than $2,000, or by imprisonment for not less than 10 nor more than 90 days, …
AS 23.10.145 Definitions.
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If not defined in this title or in regulations adopted under this title, terms used in AS 23.10.050 — 23.10.150 shall be defined as they are defined in 29 U.S.C. 201 — 219 (Fair Labor Standards Act of 1938), as amended, or the regulations adopted under those sections.
AS 23.10.150 Short title.
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AS 23.10.050 — 23.10.150 may be cited as the Alaska Wage and Hour Act.
AS 23.10.155 Secs. 23.10.155 — 23.10.320. Equal pay for women, discrimination in employment, and age discrimination. [Repealed, § 8 ch 117 SLA 1965, § 5 ch 125 SLA 1980. For present provisions, see AS 18.80.220.]
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Article 4. Employment of Children.
AS 23.10.325 Purpose.
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It is the purpose of AS 23.10.325 — 23.10.370 to establish protective standards for child labor to the end that their health, morals, education, and future welfare will be protected during the formative years and to the further end that any abuses or unjust exploitation of this l…
AS 23.10.330 Exempted employment.
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(a) AS 23.10.325 — 23.10.370 do not prohibit employment of a child under the direct supervision of a parent in a business owned and operated by the parent or the work of a child on a boat owned and operated by the parent of the child. (b) Notwithstanding AS 23.10.335 — 23.10.350,…
AS 23.10.332 Authorization for children under 17 to work.
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(a) Except for employment exempted under AS 23.10.330 and other employment specifically exempted by regulations adopted by the department, a minor under 17 years of age may not be employed or allowed to work without the written authorization of the commissioner unless authorized …
AS 23.10.335 Employment of children under 14.
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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 cans under competen…
AS 23.10.340 Employment of children under 16.
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(a) A minor under 16 years of age may not be employed for more than a combined total of nine hours school attendance and employment in one day. If employed, the minor's work may be performed only between 5 a.m. and 9 p.m. Employment outside school hours may not exceed 23 hours in…
AS 23.10.345 Exemptions for minors over 16 or who have graduated from high school. [Repealed, § 7 ch 112 SLA 1976.]
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[Repealed or reserved.]
AS 23.10.350 Employment of person under 18.
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(a) A minor under 18 years of age may not be employed or allowed to work (1) more than six days a week; (2) in hazardous excavation, or underground in mines, or as hoisting engineer in mines; or (3) in an occupation dangerous to life or limb or injurious to the health of the mino…
AS 23.10.355 Employment of persons under 21.
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A person under 21 may not be employed or allowed to sell or serve alcoholic beverages or to work on a licensed premises, except as provided in AS 04.16.049.
AS 23.10.360 Regulations for minimum standards and work opportunities.
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(a) The department may, from time to time after public notice and hearing, adopt regulations and issue orders establishing minimum standards for safety, working conditions, kind and extent of work in various phases of the respective fields of employment, maximum hours for the day…
AS 23.10.365 Enforcement.
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The department shall enforce AS 23.10.325 — 23.10.370.
AS 23.10.370 Penalty.
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Article 5. Transportation of Employees. (a) Except as provided in (b) of this section, a person who violates a provision of AS 23.10.325 — 23.10.370 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than …
AS 23.10.375 Policy.
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The welfare of the state demands that adequate provision be made for financing the return transportation of certain persons to their place of recruitment inside and outside the state upon termination of employment.
AS 23.10.380 Right to return transportation.
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(a) An employer who furnishes, finances, agrees to furnish or finance, or in any way provides transportation for a person from the place of hire to a point inside or outside the state to employ the person shall provide the person with return transportation to the place of hire fr…
AS 23.10.385 Enforcement by civil action.
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(a) The department may take a written assignment of a right of action provided by AS 23.10.380, and may prosecute the action. The department may join various employees in one claim and in case of suit may join them in one action. (b) The general provisions of law respecting wage …
AS 23.10.390 Construction of contracts.
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AS 23.10.375 — 23.10.400 are considered a part of every contract of hire involving transportation of an employee to and from this state or from one part of the state to another.
AS 23.10.395 Orders and regulations.
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The department may issue orders and adopt regulations necessary to carry out AS 23.10.375 — 23.10.400.
AS 23.10.400 Penalty.
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Article 6. Employment in Underground Mines. An employer who violates AS 23.10.375 — 23.10.400 is, in addition to any civil liability, guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000.
AS 23.10.405 Legislative declaration of hazard.
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Employment in underground coal mines, underground lode mines, underground placer mines, in underground coal, lode, or placer workings, or in all other underground mines or workings is injurious to health and dangerous to life and limb.
AS 23.10.410 Limitation on period of employment in underground mines and requirement for pay for certain work.
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(a) Except as provided in (d) — (f) of this section, a miner may not be employed in an underground mine or workings for more than 10 hours in 24 hours, except on a day when a change of shift is made. The 10-hour limitation applies only to work actually performed at the mine face …
AS 23.10.415 Penalties.
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(a) A person who, whether as principal or agent, employs a person in violation of the provisions of AS 23.10.410 is guilty of a misdemeanor, and upon a first conviction is punishable by a fine of not less than $100 nor more than $500, or by imprisonment in a jail for not less tha…
AS 23.10.420 Train crews. [Repealed, § 1 ch 40 SLA 1983.]
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Article 7. Employee Rights.
AS 23.10.430 Access to personnel files.
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(a) An employer shall permit an employee or former employee to inspect and make copies of the employee's personnel file and other personnel information maintained by the employer concerning the employee under reasonable rules during regular business hours. The employer may requir…
AS 23.10.440 Posting of information on sexual harassment. [Repealed, § 2 ch 65 SLA 1992.]
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[Repealed or reserved.]