Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.05.010 Purpose.
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The Department of Labor and Workforce Development shall foster and promote the welfare of the wage earners of the state, improve their working conditions, and advance their opportunities for profitable employment.
AS 23.05.020 Records of department.
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The department shall keep a record of all proceedings. All records shall be open during regular hours of business for public inspection.
AS 23.05.030 Funds.
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The department shall remit to the Department of Revenue all money it receives and sign and issue vouchers for necessary disbursements.
AS 23.05.040 Bond of commissioner.
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The commissioner shall give bond approved by the Department of Administration in the sum of $10,000 running to the state, conditioned upon the faithful performance of the duties of the office. The bond shall be filed with the Department of Administration.
AS 23.05.050 Power to issue subpoenas and take testimony.
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The department may issue subpoenas, administer oaths, and take testimony concerning any matter within its jurisdiction.
AS 23.05.055 Electronic filing.
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Notwithstanding any contrary provision of the law, if the commissioner determines by order that it is in the public interest, the commissioner may authorize electronic filing of certain information with the department in a format prescribed by the department as an additional mean…
AS 23.05.060 Powers of the department.
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The department may (1) enforce all state labor laws; (2) act as mediator and appoint deputy commissioners of conciliation in labor disputes whenever it considers the interest of industrial peace requires it; (3) make investigations and collect and compile statistical information …
AS 23.05.065 Fees for publications, research data, and other services.
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The commissioner may establish by regulation and the department may charge reasonable fees for department publications, research data, and other centralized administrative services to cover the cost of reproduction, printing, mailing, distribution, and other centralized administr…
AS 23.05.067 Service fees for administration of workers' safety and compensation programs.
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(a) Each insurer providing workers' compensation insurance and each employer who is self-insured or uninsured for purposes of AS 23.30 in this state shall pay an annual service fee to the department for the administrative expenses of the state for workers' safety programs under A…
AS 23.05.070 Accounting and disposition of receipts. [Repealed, § 28 ch 90 SLA 1991.]
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[Repealed or reserved.]
AS 23.05.080 Employer's records.
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An employer shall keep an accurate record of the name, address, and occupation of each person employed, of the daily and weekly hours worked by each person, and of the wages paid each pay period to each person. The record shall be kept on file for at least three years.
AS 23.05.090 Employer shall furnish information.
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An employer shall furnish to the department the information it is authorized to require, and shall make true and specific answers to all questions, whether submitted orally or in writing, authorized to be asked of the employer.
AS 23.05.100 Inspections and examination of records.
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The department may (1) enter a place of employment during regular hours of employment and in cooperation with the employer, or someone designated by the employer, collect facts and statistics relating to the employment of workers; (2) make inspections for the proper enforcement o…
AS 23.05.110 Biennial report.
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The department shall submit a report to the governor concerning its activities during the preceding two years. The department shall notify the legislature that the report is available.
AS 23.05.120 Cooperation with other agencies.
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The department may negotiate with the United States Department of Labor and with other federal and state agencies the arrangements that it considers expedient for cooperation in formulating and carrying out policies and projects designed to encourage and assist in the protection …
AS 23.05.125 Office of citizenship assistance.
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(a) The office of citizenship assistance is established in the office of the commissioner. The office shall (1) provide employment information and referrals to services for legal aliens, including employment services, such as job placement services, and information about how labo…
AS 23.05.130 Preference for resident workers.
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Article 2. Wage Claims. The department shall aid and assist resident workers to obtain, safeguard, and protect their rightful preference to be employed in industries in the state.
AS 23.05.140 Pay periods; penalty.
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(a) An employee and employer may agree in an annual initial contract of employment to monthly pay periods when the employer shall pay the employee for all labor performed or services rendered. Otherwise, the employer shall establish monthly or semi-monthly pay periods, at the ele…
AS 23.05.150 Pay orders. [Repealed, § 2 ch 19 SLA 1971.]
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[Repealed or reserved.]
AS 23.05.160 Notice of wage payments.
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An employer shall notify an employee in writing at the time of hiring of the day and place of payment, and the rate of pay, and of any change with respect to these items on the payday before the time of change. An employer may give this notice by posting a statement of the facts,…
AS 23.05.170 Wages earned before strike, lockout, or layoff.
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An employee who goes on strike, or is temporarily laid off or subjected to an employer lockout during a pay period shall receive the portion of compensation earned on or before the next regular payday established as required in this chapter.
AS 23.05.180 Wages in dispute.
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(a) If the amount of wages is in dispute, the employer shall give written notice to the employee of the wages, or part of the wages, that the employer concedes to be due, and shall pay that amount, without condition, within the time set by this chapter. The employee retains all r…
AS 23.05.190 Enforcement.
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The department shall (1) enforce this chapter; (2) investigate possible violations of this chapter; (3) institute actions for penalties provided in this chapter.
AS 23.05.200 Hearings on wage claims.
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(a) The department may hold hearings to investigate a claim for wages. It may cooperate with an employee in the enforcement of a claim against the employer when it considers the claim just and valid. (b) The authorized representative of the department, in conducting a hearing und…
AS 23.05.210 Proceedings by attorney general.
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The attorney general may prosecute a civil case arising under this chapter that is referred to the attorney general by the department for that purpose.
AS 23.05.220 Assignment of liens and claims to department.
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(a) The department may take an assignment of (1) a wage claim and an incidental expense account and an advance; (2) a mechanics or other lien of an employee; (3) a claim based on a “stop order” for wages or on a bond for labor; for damages for misrepresentation of a condition of …
AS 23.05.230 Prosecution of claims.
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(a) The department may prosecute an action for the collection of a claim of a person whom it considers entitled to its services, and whom it considers to have a claim that is valid and enforceable. (b) The department may prosecute an action for the return of a worker's tools that…
AS 23.05.240 Officers to execute process without security; immunity from damages; custody of property.
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(a) An officer, requested by the department to serve a summons, writ, complaint, order, garnishment paper, or other process within the officer's jurisdiction, shall do it without requiring the department to furnish security or bond. (b) When the department requests an officer to …
AS 23.05.250 Witness fees of garnishee defendants.
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A garnishee defendant, when required to appear in court in an action brought under AS 23.05.230, shall do so without having witness fees paid in advance. But the witness fees are included as part of the taxable costs of the action and are paid to the garnishee defendant after jud…
AS 23.05.260 Disposition of funds recovered.
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Article 3. Violations and Penalties. (a) Out of a recovery in an action under AS 23.05.220 there shall be paid first, court costs advanced by the department which shall be returned to the department's appropriation for this purpose and second, the wage claim involved. (b) When an…
AS 23.05.270 Violations by employer.
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It is a violation of this chapter for an employer to (1) hinder or unnecessarily delay the department in the enforcement of this chapter; (2) refuse to admit an authorized representative of the department to a place of employment; (3) falsify or fail to keep a record required und…
AS 23.05.280 Penalties.
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Article 4. Reciprocal Agreements. A person who violates a provision of this chapter or a regulation adopted or order made under this chapter upon conviction is punishable for each offense by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both…
AS 23.05.320 Reciprocal agreements with other states.
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The commissioner may enter into reciprocal agreements with the labor department or corresponding agency of another state, or with the person, board, officer, or commission authorized to act on behalf of that department or agency, for the collection in the other state of claims or…
AS 23.05.330 Actions in courts of other states.
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The commissioner may, to the extent permitted by a reciprocal agreement with an agency of another state, maintain actions in the courts of that state for the collection of claims or judgments for wages, and may assign claims or judgments to the labor department or agency of that …
AS 23.05.340 Actions in this state for demands arising in other states.
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Article 5. Labor Relations Agency. The commissioner may, upon the written request of the labor department or corresponding agency of another state or of a person, board, officer, or commission authorized to act on behalf of that department or agency, maintain actions in the court…
AS 23.05.360 Alaska labor relations agency.
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(a) There is established within the Department of Labor and Workforce Development the Alaska labor relations agency. The agency is comprised of six members appointed by the governor and confirmed by the legislature. The term of office of a member is three years. Members serve sta…
AS 23.05.370 Powers, duties, and functions of Alaska labor relations agency.
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(a) The agency shall (1) establish its own rules of procedure; (2) exercise general supervision and direct the activities of staff assigned to it by the department; (3) prepare and submit to the governor an annual report on labor relations problems it has encountered during the p…
AS 23.05.380 Regulations.
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The agency shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out labor relations functions under AS 23.05.360 — 23.05.390, AS 23.40.070 — 23.40.260, and AS 42.40.730 — 42.40.890.
AS 23.05.390 Definition.
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In AS 23.05.360 — 23.05.390, “agency” means the Alaska labor relations agency established in AS 23.05.360.
AS 23.10.005 Secs. 23.10.005 — 23.10.010. Coercion to use hotel or store prohibited; penalty. [Repealed, § 21 ch 166 SLA 1978. For current law on the crime of coercion see AS 11.41.530.]
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[Repealed or reserved.]
AS 23.10.015 False representations to procure employees prohibited.
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A person doing business in this state may not personally or through an agent induce an individual to change from one place to another in this state, or bring an individual into this state to work as an employee in this state, by means of false or deceptive representations, false …
AS 23.10.020 Penalty for violation of AS 23.10.015.
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A person who, personally or as agent or servant for another, violates AS 23.10.015 is punishable by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both.
AS 23.10.025 Use of armed guards. [Repealed, § 3 ch 59 SLA 1976.]
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[Repealed or reserved.]
AS 23.10.030 Worker's right of action.
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A worker induced to accept employment with a person mentioned in AS 23.10.015 by conduct violating that section has a right of action for damages caused by the false or deceptive representations used to induce the worker to change the worker's place of employment, against the per…
AS 23.10.035 Limit of application.
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AS 23.10.015 — 23.10.030 may not be construed to interfere with the right of a person to guard or protect the person's private property, or private interest as provided by law. AS 23.10.015 — 23.10.030 may be construed only to apply when a worker is brought into the state or indu…
AS 23.10.037 Lie-detector tests.
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Article 2. Payment of Wages. (a) A person either personally or through an agent or representative may not request or suggest to an employee of the person or to an applicant for employment by the person or require as a condition of employment that the employee or applicant submit …
AS 23.10.040 Payment of wages in state.
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(a) Except as otherwise provided by AS 37.25.050, an employer of labor performing services in this state shall pay the wages or other compensation for the services with lawful money of the United States or with negotiable checks, drafts, or orders payable upon presentation withou…
AS 23.10.043 Deposit of wages.
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An employer may not deposit wages due or to become due or an advance on wages to be earned in an account in a bank, savings and loan association, or credit union unless the employee has voluntarily authorized the deposit. All deposits under this section shall be in a bank, saving…
AS 23.10.045 Payments into benefit fund.
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(a) If an employer agrees with an employee to make payments to a fund for the benefit of the employees, including a fund for medical, health, hospital, welfare, and pension benefits or any of them, or has entered into a collective bargaining agreement providing for these payments…
AS 23.10.047 Employee's lien.
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Article 3. Alaska Wage and Hour Act. (a) If an employer agrees with an employee or group of employees to make payment to a medical, health, hospital, welfare, or pension fund or such other fund for the benefit of the employees, or has entered into a collective bargaining agreemen…