Employment
Practices and
Working
Conditions
Wage and Hour
Pamphlet 100
Statutes
Regulations
Adopted CFR’s
December 2023
Alaska Department of Labor and
Workforce Development
Labor Standards and Safety Division
Anchorage
Alaska Department of Labor and Workforce Development
Wage and Hour
1251 Muldoon Rd, Suite 113
Anchorage, AK 99504
Phone: (907) 269-4900
Email: statewide.wagehour@alaska.gov
Juneau
Alaska Department of Labor and Workforce Development
Wage and Hour
P.O. Box 111149 Juneau, AK 99811-1149
Phone: (907) 465-4842
Email: statewide.wagehour@alaska.gov
Fairbanks
Alaska Department of Labor and Workforce Development
Wage and Hour
675 7th Avenue, Station J-1 Fairbanks, AK 99701
Phone: (907) 451-2886
Email: statewide.wagehour@alaska.gov
If you would like to receive Wage and Hour or Mechanical Inspection regulation
notices or publications information, they are available via electronic mail, by signing
up in the GovDelivery System,
https://public.govdelivery.com/accounts/AKDOL/subscriber/new and selecting topics
LSS – Wage and Hour – Forms and Publications, LSS – Mechanical Inspection
Regulations, or LSS – Wage and Hour Regulations.
Publications are also available online at http://labor.alaska.gov/lss/home.htm
TO ALL ALASKAN EMPLOYEES AND EMPLOYERS:
The focus of the Alaska Department of Labor and Workforce Development is putting
Alaskans to work. An important part of that mission is to ensure that working conditions
and wage payment practices are legal. This publication, Pamphlet 100, Employment
Practices and Working Conditions, is designed to assist employers and employees by
providing the applicable laws and regulations.
The pamphlet is divided into five sections:
I. The Alaska labor statutes (Alaska labor laws);
II. The Alaska Family Leave Act (AFLA);
III. The Alaska Administrative Code (Alaska regulations);
IV. Specific sections of Code of Federal Regulations that Alaska has adopted as
law by reference dealing with labor issues. For this reason, a particular topic, such as
deductions from wages, may appear in each of the three sections, and
V. Specific sections of the Code of Federal Regulations
that are included for information only.
The index of topics on page 70 should provide assistance in locating where in the
pamphlet a particular topic is referenced.
When reviewing the subjects contained in this pamphlet, keep in mind that the statutes
carry the greatest weight. The regulations (State and Federal) have been established to
further clarify and interpret language used in the statute.
Many wage and hour subjects are complex. Please take advantage of the cost-free
counseling services to clarify your questions. For questions regarding this pamphlet and
Alaska’s labor laws, you may call or come into the nearest Wage and Hour office
Monday through Friday during regular business hours, and a Wage and Hour
Investigator will be happy to assist you. Addresses and phone numbers for these
offices are listed on the inside cover page of this pamphlet.
For additional copies of this pamphlet, contact the nearest Wage and Hour office, in
Anchorage, Juneau or Fairbanks, or you may download and print this pamphlet from our
Internet site at: http://labor.alaska.gov/lss/forms/pam100.pdf.
Employment
Wage and Hour Pamphlet 100
Statutes - - Adopted CFRs
December 2023
State of Alaska
Alaska Department of Labor and Workforce Development
Labor Standards and Safety Division
Table of Contents
Wage and Hour ....................................................................................................... inside front cover
Alaska Statutes ……………………………………………………………………………………………………………………..……. 1-17
Title 22. Judiciary …………………………………………………………………………………………..…………..………….. 2
……..………….…………..…………. 2
Alaska Family Leave Act (AFLA) …….…………………………………………………………………………………………….23-26
………………………………………………………………………….……… 19
-Title 8 ………………………………………………………………………………….……………… 22-32
Chapter 15 Alaska Wages and Hours ……………………………………………………………………………………. 22
……………………………………….. 33
Chapter 25 Payment of Wages …………………………………………………………………………………………….. 33
………….………………………….. 36-60
Part 531 Wage Payments …………………………………………………………………………….…………….…………. 40
……….…….…………. 47
Part 785 Hours Worked ……………………………………………………………………………….……….……… 55
…………… 51-71
Part 541 Subpart B – ………………. 54
Index …………………………………………………………………………………………………………………………………………………… 72
intended to serve as a precise stat
ALASKA STATUTES
2.15.040
1
ALASKA STATUTES
40. Small claims
120.
(a) as in a claim for relief does not
exclusive of and attorney request district judge or magistrate shall
hear the action as a small claim unless important or unusual points of are or the state is a
defendant. The Department of Labor and Workforce Development may bring an action as a small claim
under this subsection for the AS 23.05.220 in an amount not to exceed
exclusive of and attorney fees. The Supreme Court shall prescribe the procedural rules and
standard forms to assure simplicity and the expeditious handling of small claims.
(b)
(§ 8(4) ch 184 SLA 1959; added by § 1 ch 91 SLA 1961; am § 1 ch 12 SLA 1970; am § 1 ch 23 SLA 1978; am
65 SLA 2004)
(a) A magistrate shall preside only in cases and proceedings under AS
and as
(1) for the recovery of money or damages only the amount of
attorney does not exceed
(2)
(3)
not exceeding
(4) of the defendant for any of the cases
statute;
(5) to give judgment of upon a plea of guilty or no contest by the defendant in a criminal
court;
(6) to and enter judgments in all cases involving misdemeanors that are not minor offenses
if the defendant consents in that the magistrate may try the case;
(7) to and enter judgments in all cases involving minor offenses and violations of
ordinances of political subdivisions;
(8) for the extradition of fugitives as authorized under AS 12.70;
(9) to provide post-Procedure for any of the
or
(10) to and enter judgments in actions for the payment of by the
Department of Labor and Workforce Development as provided in AS 22.15.040(a)
(a) A magistrate may not preside in small claims cases under AS is made on
a defendant outside the of Civil Procedure.
(b) In means
(1) an offense classified by statute as an infraction or a violation;
2
(2) an offense for a bail forfeiture amount has been authorized by statute and
(3) established by supreme court order; or
a statutory offense for a conviction cannot result in the
loss of a valuable license.
(§ 19 ch 184 SLA 1959; am § 5 ch 5 SLA 1960; am § 1 ch 85 SLA 1961; am § 2 ch 91 SLA 1961; am § 12 ch
70 SLA 1964; am § 8 ch 110 SLA 1967; am §§ 18 – 20 ch 71 SLA 1972; am § 1 ch 65 SLA 1978; am § 3 ch 3
1993; am § 1 ch 26 SLA 1995; am § 18 ch 103 SLA 1996; am § 2 ch 33 SLA 1997; am § 2 ch 48 SLA 2000;
1. Administration (§§ 23.05.010-23.05.130)
2. Wage Claims (§§ 23.05.140-23.05.260)
3. Violations and Penalties (§§ 23.05.270-23.05.280)
4. Reciprocal Agreements (§§ 23.05.320-23.05.340)
10. Purpose
20. Records of department
30. Funds
40. Bond of commissioner
issue subpoenas and take testimony
100. Inspections and examination of records
110. Biennial report
130. Preference for resident
The Department of Labor and Workforce Development shall foster and promote the of the
earners of the and advance their opportunities for profitable
employment.
(§ 43-1-1 ACLA 1949)
The department shall keep a record of all proceedings. All records shall be open during regular hours of
business for public inspection.
(§ 43-1-3 ACLA 19)
3
The department shall remit to the Department of Revenue all money it receives and sign and issue
vouchers for necessary disbursements.
(§ 43-1-3 ACLA 1949)
The commissioner shall give bond approved by the Department of Administration in the sum of
running to the conditioned upon the faithful performance of the duties of the office. The bond shall be
Administration.
(§ 43-1-3 ACLA 1949)
Sec. 23.05.050. Power to issue subpoenas and take testimony.
(§ 43-1-4 ACLA 1949)
Sec.
The department may:
(1) enforce all state labor
(2) act as mediator and appoint deputy commissioners of conciliation in
considers the interest of industrial peace requires it;
(3) make investigations and collect and compile statistical information concerning the conditions of
labor generally and upon all matters relating to the enforcement of this chapter;
(4) institute court proceedings against an employer of to the employee it is
satisfied that the employer has failed to pay an employee an amount due by contract;
(5) issue cease and desist orders and other orders and regulations necessary for the enforcement of
state labor
(6) Budget receive and spend money derived from
persons. (§ 43-1-5 ACLA
1949; am § 1 ch 34 SLA 1949; am § 2 ch 15 SLA 1972; am § 1 ch 107 SLA 1975; am § 43 ch 138 SLA 1986;
am § 30 ch 41 SLA 2009)
An employer shall keep an accurate record of the and occupation of each person
of the daily and by each and of the each pay period to each
person. The record shall be kept on file for at least three years.
(§ 43-1-6 ACLA 1949; am § 2 ch 107 SLA 1975)
of the employer.
(§ 43-1-7 ACLA 1949)
Sec. 23.05.100. examination of
The department may
(1)
05.110
4
(2) make inspections for the proper enforcement of all state labor
(3) for the to and copy from any
or document relating to the (§ 43-1-8 ACLA 1949)
Sec. 23.05.110. Biennial report.
The department shall submit a report to the governor concerning its activities during the preceding
years. The department shall notify the legislature that the report is available.
(§
43-1-9 A
CLA 1949; am § 44 ch 21 SLA 1995)
The department may the United States Department of Labor and 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 and the
state.
(§
43-1-10
ACLA 1949)
S
ec.
The to and protect their rightful
preference to be employed in industries in the state.
(§ 43-1-11 ACLA 1949)
140. Pay periods; penalty
160.
170.
180. Wages in dispute
190.
200.
210.
220. Assignment of liens and claims to department
230.
240.
250. Witness fees of garnishee defendants
260.
(a) An employee and employer may agree in an annual initial contract of employment to monthly pay
the employer shall pay the employee for all labor performed or
the employer shall establish monthly or semi-monthly pay at the election of the employee.
(b) If the employment is or other compensation for labor or services
become due immediately and shall be required by this subsection at the
the employee is usually paid or at a location agreed upon by the employer and employee. If the employment
is terminated by cause for the payment is due three
days the termination. If the employment is terminated by the payment is due at the
05.160
5
next
(c)
(d)
p
ay for an eight-hour day.
(f)
.
employer may give this notice by posting a
(
§ 4
3-2-11(a) ACLA 1949; am § 2 ch 34 SLA 1949)
period shall receive the portion of compensation earned on or before the next regular payday established as
required in this chapter.
(
§ 4
3-2-11(b) ACLA 1949; am § 2 ch 34 SLA 1949)
(a)
ployee retains all remedies that the employee might
(b) The acceptance by an employee of a payment under this section does not constitute a release of
(
§ 4
3-2-11(c) ACLA 1949; am § 2 ch 34 SLA 1949; am § 2 ch 47 SLA 1983)
S
ec. 23.05.190. Enforcement.
The department shall
(1) enforce this chapter;
(2) investigate possible violations of this chapter;
(3) institute actions for penalties provided in this chapter.
(
§ 4
3-2-11 ACLA 1949; am § 2 ch 34 SLA 1949)
05.200
6
(a)
(b)
depositions and affidavits in a proceeding before the department at the place most convenient to both
employer and employee.
(c)
empt as in the case of disobedience of the
requirements of a subpoena issued from the court or a refusal to testify before it.
(
§ 4
3-2-11(d)(1)-(3) ACLA 1949; am § 2 ch 34 SLA 1949)
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.
(
§ 4
3-2-11(d)(4) ACLA 1949; am § 2 ch 34 SLA 1949)
S
ec. 23.05.220.
(a) The department may take an assignment of
(1)
(2) a mechanics or other lien of an employee;
(3)
of a condition of employment; against an employment agency or its bondsman; for unreturned bond money
possession of another person; and for vacation pay or severance pay.
(b)
the claim has been incurred or by any othe
(c) The department may not accept an assignment of a claim in excess of the amount set out in AS
ages as a small claim.(§ 43-2-11(e)(1) ACLA 1949; am § 2
ch 34 SLA 1949; am § l ch 172 SLA 1959; am § l ch 36 SLA 1965; am § 3 ch 11 SLA 1976; am § 1 ch 24 SLA 1998;
am § 6 ch 48 SLA 2000)
(a)
(b)
possession of another person.
(c)
ion and AS 23.05.220.
(
§ 4
3-2-
05.240
7
(a)
security or bond.
(b) When the department requests an officer to seize or levy on property in an attachment proceedi
ng
or bond.
(c)
seizure made in good faith.
(d)
(
§ 4
3-2-
of the action and are paid to the garnishee defendant after judgment.
(
§ 4
3-2-11(e)(5) ACLA 1949; am § 2 ch 34 SLA 1949; am § 1 ch 172 SLA 1959)
(a) Out of a recovery in an action under AS
(
§ 4
3-2-
S
ection
270. Violations by employer
280. Penalties
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)
(4
(
§ 4
3-1-8 ACLA 1949)
8
05.280
(§ 43-1-12 ACLA 1949; § 6 ch 148 SLA 1957)
Section
330. Actions in courts of other states
340. Actions in this state for demands arising in other states
Sec. 23.05.320.
department or agency for the collection in the o
previously assigned to the commissioner.
(§ 1 ch 114 SLA 1966)
claims or judgments to the labor department or agency of that state for collection.
(§ 1 ch 114 SLA 1966)
Sec. 23.05.340.
another state in the same manner and to the same extent that such actions by the commissioner are
authorized for claims arising in this state; provided that these actions may be maintained only in the event
commissioner.
(§ 1 ch 114 SLA 1966)
Article
1
. Coercion and Fraud (§§ 23.10.015-23.10.037)
2. Payment of Wages (§§ 23.10.040-23.10.047)
3. Alaska Wage and Hour Act (§§ 23.10.050-23.10.150)
4 -23.10.400)
5
6
10.015
9
S
ection
15. False representations to procure employees prohibited
20. Penalty for violation of AS 23.10.015
35.
L
imit of application
37. Lie-detector tests
A person doing business in this state may not personally or through an agent induce an individual to change
(§ 43-2-43 ACLA 1949; am § 1 ch 59 SLA 1971)
(
§ 4
3-2-44 ACLA 1949)
section has a right of action for damages caused by the false or deceptive representations used to induce the
(
§ 4
3-2-46 ACLA 1949)
S
ec. 23.10.035. Limit of application.
AS 23.10.015-
-23.10.030 may be construed
to the state or induced to go from one place to another in the state
is moved from one place to another in the state under arms.
(§ 43-2-45 ACLA 1949)
(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 to an exa -
detecting device is used.
(b) The provisions of (a) of this section do not apply to the state or a political subdivision of the state
10
10.040
230(a).
(c)
(d)
(§
1 c
h 36 SLA 1964; am § 2 ch 71 SLA 1989)
S
ection
43.
D
eposit of
45. Payments into benefit fund
(a)
inside the state.
(b)
(c)
(d)
(
§ 4
3-2-
deposit. All deposits under this section sha
(a)
entered into a collective bargaining agreement providin
just cause fail to make the payments required by the terms of the agreement.
(b)
(§
43-2-13
ACLA 1949; added by § 1 ch 23 SLA 1957; am § 1 ch 111 SLA 1959; am § 10 ch 2 SLA 1964; am § 18
ch 3 SLA 2017)
(a)
11
10.047
a lien is created in favor of each affected employee on the earnings of the employer and on all property of the
employer used in the operation of t
mbursement under the
fund if the required payments had been made.
notice contains
(
1) the name of employee;
(2)
(3) a statement of the pertinent terms and conditions of the employee benefit plan;
(4)
(5) a statement of the demand including the amounts due to the claimant if expenses have been
incurred.
(c) The notice of claim of lien is served on the employer in the same manner as a summons and
complaint in civil actions or mailed to the employer by registered mail.
(d)
enforced if the lien is on personal propert
(e) The lien created under (a) of this section is preferred and superior to an encumbrance that attaches
(
§ 4
3-2-14 ACLA 1949; added by § 1 ch 145 SLA 1962)
S
ection
50.
P
ublic policy
60.
P
ayment for overtime
75. Labor standards and safety division
85. Scope of administrative regulations
90.
A
dministrative procedures
95. Adoption of federal regulations
105. Posting summary required
12
10.050
125. Collective bargaining
130. Statute of limitations
135. Violations
140. Penalty
145. Definitions
150. Short title
Sec. 23.10.050. Public policy.
It is the public policy of the state to
(1)
-
(2)
-
hour standards that do not provide adequate standards of living.
(§
1 c
h 171 SLA 1959)
(a) The provisions of AS 23.10.050-AS 23.10.150 do not apply to
(1)
harvesting of any agricultural or horticultural -
to storage or to market or to carriers for transportation to market;
(2)
(3) an individual employed in the handpicking of shrimp;
(4)
(5)
facilities;
(6)
-employee relationship does
the organization are on a voluntary basis and are related
income tax under 26 U.S.C.
(7)
(8)
productive use for a period of four months or more;
(9) an individual employed
(A)
(B)
basis; or
(C)
10.055
13
(10) an individual employed in the search for placer or hard rock minerals;
(11) an individual under 18 years of age employed on a part-time basis not more than 30 hours in a
(12)
the children are in residence at the facility if the employment requires residence at the facility and is
compensated on a cash basis exclusive of room and board at an annual rate of not less than
(A)
(B)
(13) for taxicab services exclusively by
customers of the contractual arrangements
services are based on contractual rates and not based on a
percentage share of the receipts from
taxicab taxicab or radio dispatch services
individual may except to
comply local ordinances;
(14) A person holds a license under AS 08.54 and is employed by a registered guide or
master guide licensed under AS for the 60 in employed by the
registered guide or master guide during a calendar year;
(15)
-
(Alaska temporary assistance program);
(16) an individual
(A) provides emergency medical services only on a voluntary basis;
(B) - or
(C)
(17) a student in a University of 14.40.065.
(18) to
(A) analysis of motor vehicles;
(B)
added or included as part of the sale; or
(C) motor vehicles.
(b) individual employed
board or lodging that is furnished by the individual’s employer.
(c) In (a)(9) of this
(1) has the meaning and shall be
– 219 (Fair Labor Standards Act
(2) skilled
-219 (Fair Labo
r
S
tandards Act of as or the
(3)
(A)
14
10.060
(B)
customer;
(4)
(A)
(B)
nd
(C)
c
ustomer.
(d)
(1)
the vehicle is granted for a period of at
least 12 months;
(2)
(3)
(§
2
(1) ch 171 SLA 1959; am § 1 ch 2 SLA 1962; am § 1 ch 50 SLA 1972; am § 2 ch 124 SLA 1978; am §
1
c
h 115 SLA1982; am § 2 ch 12 SLA 1990; am § 2 ch 13 SLA 1993; am § 10 ch 33 SLA 1996; am § 9 ch 10
7
999; am § 2 ch 102 SLA 2004; am § 39 ch 84 SLA
(a) business or in the
40 hours or for more than eight hours a day.
(b)
-
the nu
based on those hours.
(c)
(d)
(1)
(2)
(3)
05.160
15
(4) an employee engaged in agriculture;
(5)
(6)
(7)
e
stablishment engaged in handling telephone or radio messages for the public under an agency or
revenue of the
agency does not exceed $500 a month;
(8) an employee employed as a seaman;
(9)
number of employees employed by the employer in th
e
(10)
natural state;
(11)
(12)
(13)
(14)
(A)
(B)
rate of one and one-
(15) an individual employed as a line haul truck driver for a trip that exceeds 100 road miles one
(16)
(17)
and motor homes if the mechanic
(A) -rate mechanic by a non-manufacturing establishment primarily engaged
in the business of selling or servicing motor vehicles;
(C)
(i)
this paragraph; or
(ii)
16
10.065
(D)
-
(18)
U.S.C. 181-
(B)
(C)
(D)
(19) –
-
.
(e)
(§ 3 ch 171 SLA 1959; am § 1 ch 3 SLA 1962; am § 1 ch 243 SLA 1970; am § 1 ch 45 SLA 1972; am § 33 ch
127 SLA 1974; am § 1 ch 31 SLA 1980; am § 3 ch 47 SLA 1983; am § 1 ch 160 SLA 1990; am § 1 ch 103 SLA
998; am § 1 ch 39 SLA 1999; am § 2 ch 43 SLA
1999; am § 1 ch 11 SLA 2003; am § 3 ch 90 SLA 2005)
(a)
using 100 percent of the rate of
the year for
(b)
(c)
17
10.070
(d)
Measure No. 3)
in AS 23.10.050-23.10.150 of
(1)
commissioner; and
(2)
(3)
by the commissioner.
(§
5
ch 171 SLA 1959; am § 3 ch 2 SLA 1962)
(a)
alcoholism treatment program designed to extend more than 120 days may be paid less than the
-23.10.150 if the rate has been approved by the commissioner
(b)
(1)
(2) -
(3)
(4)
(5)
(§ 1 ch 58 SLA 1983)
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.
10.085
18
(1)
any employee in the state;
(2)
(3)
make the statement under oath;
(4)
(5)
-
23.10.150.
(§
6(
2) ch 171 SLA 1959)
(a)
purposes and provisions of AS 23.10.050-
23.10.050-23.10.150.
(b)
AS 23.10.050-
of AS 23.10.050 -
-23.10.150.
(c)
u
nder AS 23.10.050-
g is customarily furnished by the
employer and used by the employee.
(§
6
(3) ch 171 SLA 1959; am § 1 ch 76 SLA 2004; am § 4 ch 90 SLA 2005)
-23.10.150 shall be adopted or
)
(§
6(
4) ch 171 SLA 1959)
23.10.050-23.10.150. (§ 6(5) ch 171 SLA 1959)
(a)
(b)
19
10.105
(§ 7 ch 171 SLA 1959)
An employer subject to AS 23.10.050-
them is employed. An employer shall be furnished copies
charge.
(§ 8 ch 171 SLA 1959)
(
a)
equal amount as liquidated damages.
(b)
liable may be maintained in a competent court by an employee personally and for other employees
23.10.050-23.10.150
collect the claim.
(c)
-
h
(d)
that the employer had reasonable grounds
in
(a) of
(e)
convincing evidence that the act or omission giving r
(1)
(2)
d
efendant.
(f)
20
10.115
(
g)
(h) -
c
ommissioner.
(i)
(j)
approv
1959; am §§ 1-3 ch 37 SLA 1995; am § 22 ch 22 SLA 2015)
violate a provision of AS 23.10.050-
-
(§
9(
4) ch 171 SLA 1959)
(§ 9(5) ch 171 SLA 1959)
AS 23.10.050-
applicable minimum under AS 23.10.050-23.10.150 or to establish hours
applicable maximum under AS 23.10.050-23.10.150.
(§
1
0 ch 171 SLA 1959)
21
10.130
23.10.050-
An employer violates AS 23.10.050-23.10.150 if the employer (1) hinders or delays the commissioner or
of AS 23.10.050-23.10.150; (2) refuses to admit the
-
-
-23.10.150 as
required by AS 23.10.105; (6) discharges or in any other manner discriminates against an employee
under or related to AS 23.10.050 - eding.
(§ 9(1) ch 171 SLA 1959)
S
ec. 23.10.140. Penalty.
-
(§
9
(2) ch 171 SLA 1959; am § 1 ch 113 SLA 1972)
-
-219
(§
2
(2) ch 171 SLA 1959; am § 4 ch 47 SLA 1983; am § 5 ch 90 SLA 2005)
AS 23.10.050 - 23.10.150 may be cited as the Alaska Wage and Hour Act.
(§ 1 ch 171 SLA 1959)
375.
P
olicy
400.
P
enalty
22
10.375
Sec. 23.10.375. Policy.
(a)
(1
)
(2)
of employment.
(b)
(§
1
ch 67 SLA 1949; am § 1 ch 136 SLA 1959; am § 1 ch 164 SLA 1960)
(a)
(b)
(§
2
ch 67 SLA 1949)
AS 23.10.375 -
employee to and from this state or from one part of the state to another.
(§
2
(a) ch 67 SLA 1949)
.
-23.10.400.
(§ 4 ch 67 SLA 1949)
Sec. 23.10.400. Penalty.
-
(§
3
ch 67 SLA 1949)
10.430
23
(a) An employer shall permit an employee or former employee to inspect and make copies of the
employee under reasonable rules during regular business hours. The employer may require an employee
(b)
(c)
(1)
(2)
(§ 1 ch 24 SLA 1989)
(a) An employer may test an employee for the presence of drugs or for alcohol impairment. An
(b)
ust conform to the requirements of AS
23.10.600-
(c) An employer shall normally schedule a drug test or an alcohol impairment test of employees
(d)
(§
1
ch 106 SLA 1997)
24
ALASKA FAMILY LEAVE ACT (AFLA)
of the state.
23.40.205
25
Chapter 40. Labor Organizaons
-
employer subject to AS 39.20.500-
oyee as those provided by AS 39.20.500-
(§
7
ch 96 SLA 1992)
C
hapter 20. Compensaon, Allowances, and Leave
(a)
take disability or sick leave or other accrued leave that the employer makes available to temporarily
disabled employees.
(b) An employee is eligible to take family leave if the employee has been employed by the
leave. The leave may be unpaid
employee to take f
any 24-month period. An employer shall permit an eligible employee to take family leave
(1) -
39.20.510
26
(2)
(3)
(c)
employees simultaneously.
(d)
date the employee returns from leave under (e
the employee pay all or part of the costs for maintaining health insurance coverage during a period o
f
u
npaid leave.
(e)
employee
(1)
(2)
(f)
(§
6
ch 96 SLA 1992)
the expected need for leave in a manner that is
ly
(§
6
ch 96 SLA 1992)
(a)
(1)
(2)
(3)
(4)
contract or employment contract.
27
39.20.530
(b)
(1
)
(2)
(§
6
ch 96 SLA 1992)
(a) The provisions of AS 39.20.500-
(b
) T
he provisions of AS 39.20.500-
vided by AS 39.20.500-39.20.550 shall be considered
(c)
irements of AS 39.20.500-
variance from the requirements of AS 39.20.500-39.20.550 is necessary to avoid a hardship on the
school district based on
u
nder AS 39.20.500-
in the community.
(§
6
ch 96 SLA 1992)
(a) A person aggrieved by a denial of a right or privilege granted by AS 39.20.500-39.20.540 may
(b)
shall immediately try to eliminate the
(§
6
ch 96 SLA 1992)
In AS 39.20.500-
(1)
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self- care because of mental or physical disability;
(2)
under AS 18.55.995- 18.55.998;
(3)
(4) -in-
28
39.20.550
(5)
that involves
(A)
(B)
(6)
(7)
judicial branches of state government including public and quasi-
(§
6
ch 96 SLA 1992)
29
ALASKA ADMINISTRATIVE CODE (AAC)
110
30
ALASKA ADMINISTRATIVE
C
ODE TITLE 8. LABOR
P
ART 1. INDUSTRIAL WELFARE
C
HAPTER 15. ALASKA WAGES AND HOURS
(8 AAC 15.010-8 AAC 15.070) Repealed
-8 AAC 15.105)
-8 AAC 15.145)
(8 AAC 15.160-8 AAC 15.165)
-8 AAC 15.910)
8
AAC 15.100. PAYMENT FOR OVERTIME.
(a)
m
ay be paid by piece- basis agreeable to the employer and
(1)
employee must conform to the provisions of AS 23.05.160;
(2)
an eight--
(b)
an employee
apply:
8 AAC 15.100
31
(1)
(2)
(3)
(4) -778.122; or
(5) -778.215.
(c)
en those periods need not be counted.
(d)
p
rovisions of AS 23.10.060:
(1)
-
778.414);
(2)
(3)
(e)
apply for an employee paid on a daily rate:
(1)
(2)
(A)
(B)
(3)
d
aily rate is considered to compensate an employee for a variable number
(4)
EXAMPLES
An employee paid $150.00 per day for working 10
hours a day would have a straight time rate of
$13.64 per hour and an overtime rate of $20.44 per
hour.
If an employee worked more than 10 hours in a day
or more than 40 straight time hours in a week, the
additional overtime hours must be compensated at
$20.44 per hour.
8 AAC 15.101
32
(A)
(B) the employer must pay one-
-
185; am
Authority: AS 23.05.060 AS 23.10.085
AS 23.10.060 AS 23.10.095
-4900.
commissioner of labor.
8
AAC 15.101. OVERTIME FOR LINE HAUL TRUCK DRIVERS.
(a) If an employer of a line haul truck driver elects not to
and t
(b)
(1) driving;
EXAMPLES
An employee paid $150 per day for working three 10
hour days and two 8 hour days would have a straight
time rate of $16.30 ($750 ÷ 46 hours = $16.30). As
the daily rate is considered to compensate the
employee for each hour worked at the straight time
rate, the employee is owed the additional half time
to bring the employee up to time-and-a-half for the
overtime hours worked. In this example, the
employee would be due the extra half time pay for
six hours (two hours on each of the 10 hour days) or
$48.90. In addition to the $750 for five days at $150
per day, the employee would be due $48.90 for a
weekly total of $798.70.
In the final analysis, this equates to payment for 40
straight time hours at $16.30 per hour and six
overtime hours at $24.45 per hour. This calculation
must be performed separately for each week.
8 AAC 15.102
33
(2) hooking up;
(3) fueling;
(4)
(5) chaining up and unchaining;
(6) performing pre-trip and in-transit equipment and load checks;
(7)
(8)
(9)
(10)
(c)
re the employer to validate an average used by
a
(1)
(2)
(3)
(d)
(e)
(f
(1)
be appropriate; and
(2)
(g)
197)
Authority: AS 23.05.060 AS 23.10.085
AS 23.10.060 AS 23.10.100
8
AAC 15.102. VOLUNTARY FLEXIBLE WORK HOUR PLANS.
(a)
34
8 AAC 15.102
must include
(1
)
b
e compensated at the rate of one and one-ate of pay;
(2)
(3)
(4)
(b)
may not b
(c)
(d)
(e)
(f)
hours in a day.
(g)
less than four days or 33 hours.
(h)
h
our plan.
Authority: AS 23.05.060 AS 23.10.085
AS 23.10.060 AS 23.10.100
8 AAC 15.105
35
8 AAC 15.105. MINIMUM WAGE.
(a)
t Act.
(b)
-
---785.48.
Authority: AS 23.05.060 AS 23.10.085
AS 23.10.065 AS 23.10.095
27-46
of this booklet.
125. Minimum
-
-
140. Determining the number of employees for purposes of AS 23.10.060(d)(1)
8 A
AC 15.125. MINIMUM WAGE EXEMPTION FOR STUDENT LEARNERS.
(a)
similar program conducted by a private school.
(b)
meet all the requirements set out in AS 23.10.325 -
e
mployment of children.
(c)
(d) - established by Sec. 14(b) of the Fair
-519.2
does not apply to employment subject to the provisions of AS 23.10.065.
(e)
(1)
(2) the goal of the training that the minor is expected to achieve;
(3)
(4)
(5)
(6) – 219 (Fair Labor Standards Act of 1938).
36
8 AAC 15.126
Authority: AS 23.10.070 AS 23.10.085
8 AAC 15.126. MINIMUM WAGE EXEMPTION FOR NON-PROFIT RESIDENTIAL SUMMER CAMP
EMPLOYEES.
(a) An employee of a non-
(1
) is not employed by the non-
(2) -
(3)
23.10.070(3).
(b) A non--
(1)
(2) -
(c) -
Authority: AS 23.10.070 AS 23.10.085
8 A
AC 15.130. EXEMPTION FOR SEARCHING FOR PLACER OR HARD ROCK MINERALS.
-
Authority: AS 23.10.055(10) AS 23.10.085
8 A
AC 15.135. EXEMPTION FOR INDIVIDUALS UNDER 18 WHO ARE PART-TIME EMPLOYEES
-23.10.150 provided by AS 23.10.055(11) does not apply during any
30 hours.
Authority: AS 23.10.055(11) AS 23.10.085
8 AAC 15.140. DETERMINING
-
ed.
Authority: AS 23.10.060 AS 23.10.085
8 A
AC 15.145. SMALL MINING OPERATIONS.
(a)
37
8 AAC 15.160
(b)
A
uthority: AS 23.05.060 AS 23.10.085
AS 23.10.060
165.
P
urchase of uniform or equipment
(a) The provisions of AS 23.05.140 and AS 23.10.085(c) do not limit the right of an employer and
hat the
(2) non-
(3)
(4)
(5)
(b)
(c)
(1)
(2) -
(d)
(1)
(2)
8 AAC 15.160
38
(3)
(4)
(A)
(B)
(C)
(5) the employee has provided signed and
(e)
from
(f)
-
(g)
if the
(1)
(2) total deposit does not exceed the cost of the item; and
(3)
-
(h)
(1) rate of pay;
(2)
(3)
(4) beginning and ending dates of the pay period;
(5)
(6)
(7)
(8)
(9)
(10)
(11) advances;
(12)
(13)
(i)
(1)
(2)
(3) s
(j)
39
8 AAC 15.165
A
uthority: AS 23.05.060 AS 23.10.065 AS 23.10.085
AS 23.10.060 AS 23.10.095
8 A
AC 15.165. PURCHASE OF UNIFORM OR EQUIPMENT.
An employer may not require an employee to purchase a uniform or equipment if the:
(1)
(2)
(A)
of the employer if the uniform or equipment is customarily sold to the public by the employer; or
(B)
Authority: AS 23.05.060 AS 23.10.085
AS 23.10.065 AS 23.10.095
and persuasion
8 A
AC 15.180. CONFERENCES AND PERSUASION.
(a) -
(b)
-
(1) -
(2)
(c)
taken by the division against the employer.
(d)
(1)
(2)
(3)
(e)
-
8
8 AAC 15.900
40
Authority: AS 23.10.080 AS 23.10.090
AS 23.10.085 AS 23.10.110
900.
R
ecordkeeping
905.
L
ine haul truck driver recordkeeping requirements
908. Determining the salary of exempt employees
8 A
AC 15.900. RECORDKEEPING.
(a)
(b)
516.27.
Register 95
)
A
uthority: AS 23.05.060 AS 23.10.095
AS 23.10.085 AS 23.10.100
8
AAC 15.905. LINE HAUL TRUCK DRIVER RECORDKEEPING REQUIREMENTS.
(a)
uding the
(1) basic rate of pay;
(2)
(3)
(4) source of data used to determine averages under 8 AAC 15.101.
(b)
request.
Authority: AS 23.05.060 AS 23.10.085
AS 23.10.060 AS 23.10.100
8 A
AC 15.907. EMPLOYEE TIPS.
(a)
(b)
(1)
credit card charge slip;
8 AAC 15.908
41
(2)
(3)
(c) If an employer must pay a credit card company a fee based on a percentage of a customer’s
p
ercentage charged by the credit card company for its fee.
(d)
(1)
(A)
-
(B)
(2)
(3)
(A)
service to that customer;
(B)
service charge of 15 percent of a customer’s bill.
Authority: AS 23.05.060 AS 23.10.085
AS 23.10.065 AS 23.10.095
8 A
AC 15.908. DETERMINING THE SALARY OF EXEMPT EMPLOYEES.
(a)
(c)
(b)
construed to mean that an employee is on a salary basis if the employee is employed occasionally for a
the fu
(c)
daily rate if
(1)
(2) the employee receives at least $300 per day; and
(3)
42
8 AAC 15.910
(d)
rformed.
A
uthority: AS 23.05.060 AS 23.10.055
AS 23.10.085
-4900.
commissioner of labor.
8
AAC 15.910. DEFINITIONS.
(a) In this chapter and AS 23.10.050-
(1)
(2)
(A)
(B)
(3)
(4)
(5)
(6)
(A)
occupant of the private home; and
(B)
(i)
(ii) cook;
(iii) butler;
(iv) valet;
(v) maid;
(vi) housekeeper;
(vii) governess;
(viii) janitor;
(ix) laundress;
(x) caretaker;
(xi) handyman;
(xii) gardener;
(xiii) footman;
8 AAC 15.910
43
(xiv) groom;
(xv) chauffeur of automobiles for family use;
(7)
(8) as used in AS means an organization no part of the income or profit o
f
is distributable to or officers and has been determined by the
U.S. Internal Revenue Service as nonprofit;
(9) that an employee is required to remain on call on the
or other place of employment or so close to them that the cannot be used effectively for th
e
e
mployee’s but does not include the an employee is not required to remain on or ne
ar
th
e premises or other place of employment but is merely required to th
e
the employee may be reached by or other means;
(10)
(11)
(12)
(13) or means that an employee is required to be at or near the place of
employment and is required to for or or not because of or
and during the cannot be used effectively for the purposes;
(14)
(15) a fixed and regularly recurring period of 168 hours that is seven consecutive
24-hour periods; it may begin on any day of the and need not the an
is the statutory or contract number of hours that the employee is to
that period; the may not be artificially adjusted for the purpose of avoiding
the payment may be changed for any other purpose as provided in AS
23.05.160;
(16)
(A) means any combination of compensation based on
for goods or is calculated by using
(i) a percentage of gross or net sales value;
(ii) an agreed-upon formula for the value of goods or services sold; or
(iii) reaching a particular level of sales or the sale of a particular item;
(B) d
oes not include compensation described in (A) of this paragraph that is accompanied by any type
of guaranteed payment of minimum hourly amounts not required by or a minimum salary o
r
or in payments;
(17) means a fixed and regularly recurring period of 24 consecutive hours;
(18) child care as used in AS that require
that the children live in facilities under the 24-hour care for a period of at
least 30 consecutive days;
(19) of as used in
(20) means an agreed sum for a single job regardless of required for its
completion as specified in 29 as of July 2007 and adopted by th
e
is revised in its entirety to read: (b) To the fee
payment meets the minimum amount of salary required for an a
times the for 40 the amount paid to the be tested by dividing the f
ee
44
8 AAC 15.910
paid for the job by the number of hours required to complete the job and multiplying the result by 40
an artist paid $600 for a painting that took 20 hours to meet the minimum
the earnings at this rate ($30 per hour) yield 40 hours
(
21) in AS means those activities that are
integral and necessary to any enterprise or activity in employer is primarily engaged;
(22) to the provisions of 8 recurring amount of
money constituting all or part of an exempt employee’s is not subject to
reduction because of variations in the quality or quantity of the performed.
(23) of as used in AS -
and protocols that an employee renders personally to an individual
the services involve face-to-face or other direct interaction the employee and the
patient.
(24) -
(A) creative recreational and educational opportunities;
(B) a program of activities for campers;
(C) sustained supervision of campers; and
(D)
(b)
(c)
(d)
i
file and other personnel information
(1) Includes
(A) applications;
(B) discipline;
(C)
(D
)
() formal and informal employee evaluations;
(F) reports relating to the
() medical records; and
(H)
(2) does not include
(A) information of a personal nature about a person other than the employee if disclosure of the
(B) information relating to an ongoing investigation of a violation of a criminal or civil statute by an
employee; or
(C) an employer’s ongoing investigation of employee misconduct.
68; 95;
am
Authority: AS 23.05.060 AS 23.10.060 AS 23.10.085
AS 23.10.055 AS 43.10.070 AS 23.10.430
01
45
CHA
PTER 20. TRANSPORTATION OF EMPLOYEES
20.
S
ubsistence
8 A
AC 20.010. INVOLUNTARY AND VOLUNTARY TERMINATIONS.
-
(1)
(2)
(3)
(4)
(b
) V
-
t
erminates because of
(1)
(2) -provided lodging that is unsafe or unhealthy.
(c)
(d)
Authority: AS 23.10.380 AS 23.10.395
8
AAC 20.020. SUBSISTENCE. -
Authority: AS 23.10.380 AS 23.10.395
8 AAC 20.025. INVESTIGATIONS.
(a) -
assignment to it of a claim under AS 23.10.385.
(b)
of AS 23.10.375-
46
8 AAC 20.030
A
uthority: AS 23.05.060 AS 23.10.395
AS 23.10.385
8
AAC 20.030. DEFINITIONS.
(a)
original place of hire;
(b)
by the employer for living expenses.
185)
A
uthority: AS 23.10.380 AS 23.10.395
C
HAPTER 25. PAYMENT OF WAGES
20. Decisions
8
AAC 25.010. INVESTIGATIVE HEARINGS.
(a)
before the hearing.
(b)
(c)
(d)
b
oth.
(e)
(g)
esponsible persons are accustomed to rely
ad
miss
47
(h)
k
ept.
(i)
(j)
(1)
(2) cross-
(3) introduce exhibits.
(k)
that person may be called and examined as if under cross-
(l)
Authority: AS 23.05.060 AS 23.05.200
8 AAC 25.020. DECISIONS.
(a)
(b)
Authority: AS 23.05.060 AS 23.05.200
8
AAC 25.030. DEFINITIONS. In this chapter and in
AS 23.05.010-
(1)
(2)
and Workforce Development;
(3)
of board and lodging if customarily furnished by the employer and other similar advantages or fringe
;
(4)
-hour
-
involved mor
48
3
employee;
(5)
(6)
Authority: AS 23.05.060
49
50
PART 516-RECORDS TO BE KEPT BY EMPLOYERS
S
UBPART A-GENERAL REQUIREMENTS
(a) Items required
the
and 7(a) of the Act apply:
(1)
(2)
(3)
(4)
n. Other equal pay recordkeeping
requirements are contained in 29 CFR part 1620.)
(5)
(6)
(i)
(ii)
(iii)
(7)
(8) -
(9) -
(10) paid each pay period including employee purchase
(11)
(12) Date of payment and the pay period covered by payment.
(b) Records of retroacve payment of wages.
CFR 516.3
51
(1)
(2) Prepare a report of each such payment on a receipt form provided by or authorized by th
e
(i)
(ii)
(iii)
(c) Employees working on fixed schedules.
n
orm
(1)
(2)
ned in part 541 of this chapter (pertaining
to so-
(a) Payroll records
(b) Cerficates, agreements, plans, noces, etc
(1)
(2)
(3)
(4)
CFR 516.6
52
(5)
(6)
(c) Sales and purchase records
such form as the employer maintains records in the ordinary course of business.
(a)
preserve for a period of at least 2 years:
(1) Basic employment and earnings records
(2) Wage rate tables
-
(b)
b
ills of lading and all billings to customers (no
(c)
(1)
(2)
S
UBPART B-RECORDS PERTAINING TO EMPLOYEES SUBJECT TO MISCELLANEOUS EXEMPTIONS UNDER
required by §516.2(a) except paragraphs (a)(6) and (
(a)
(1)
(2)
(3)
(b)
(c)
straight-
53
CFR 516.27
(d)
(a)
3(m) of the Act) furnished to them by the employer or by an
is
requirements may be met by keeping combined records of the costs incurred in furnishing each class of
st
(1
)
preciated investment in
assets. If the ass
(2)
ture of the expenditure and the amoun
t
§516.6(c)(2).
(b)
(1) so
(2)
(i)
(ii)
d not be maintained on a
(c)
54
CFR 531.3
the Act in non-
PART 531-WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938
SUBPART B-
BARGAINING AGREEMENTS
(
a)
by him to his employees.
(b)
(c)
mo
commodi
apital invested by the employer shall be those arrived
x
(d
) (1
)
(2)
(i)
business;
(ii) the employer;
(iii
) t
.
(a) Procedure
55
5315
(b) Contents of peons submied by interested persons
(1
)
(2)
(3)
(4)
(5)
(6)
(7)
§
(a) Procedure
(b) Peons of interested persons
aph (b) of
(1)
(2)
(3)
S
UBPART C-INTERPRETATIONS
(a)
(b)
v
oluntary and un-
CFR 531.31
56
he sam
e
. See Walling v. Alaska Pacific Consolidated Mining Co.
Southern Pacific Co. v. Joint Council (C.A. 9) 7 W.H. Cases
(a)
em
ployment.
(b)
(c)
l
are not used for lodgings furnished to the employee;
to the employment (as in the case of maintenance-of-
(a)
57
CFR 531.34
(1
)
r
equirements set forth in §531.3;
(2)
(3)
(b)
persons operate company stores or commissaries or furnish lo
(1)
(2)
(3)
(4) an agent of the employer.
ich are redeemed at the end of the pay period for cash. The tokens do not discharge the
pay period in exchange for script or coupons issued prior to the end of the pay period. The reasonable
scrip but in
met the requirements of the Act because such scrip or coupons have not been redeemed for cash or
scrip or tokens.
-
-
f it is a requirement of the employer that th
e
58
541.602
PART 541-DEFINING AND DELIMITING THE TERMS "ANY EMPLOYEE EMPLOYED IN A BONA FIDE
THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR
SECONDARY
SUBPART G-SALARY REQUIREMENTS
(a) General rule
(1
)
(2)
(3)
-
541.601.
(i) If by the last pay period of the 52-
-
(ii) -
(a)(3)(i)
(b) Excepons
(1)
59
CFR 541.602
-
oyer can deduct only for the one full-day absence.
(2
)
-
s of salary occasioned by such
-
full-
-term disability insurance plan providing salary replacement
state
(3)
(4)
(5)
(6)
employed occa
(7)
percent of the em
60
CFR 541.603
(c)
amount.
(
a)
o
f
anagers
(b)
ers responsible for the actual
-
(c)
the employer reimburses the
(d)
improper
mployer fails to reimburse
employees for any i
ers responsible for
copy of the policy to employees a
(e)
PA
RT 778-OVERTIME COMPENSATION SUBPART B-THE OVERTIME PAY REQUIREMENTS
PRINCIPLES FOR COMPUTING OVERTIME PAY
BASED ON THE "REGULAR RATE"
61
78111
(a) Piece rates and supplements generally. When an employee is employed on a piece-
r
This sum is then divided by the number of hours
-half this regular rate of pay
-
received straight-
hourly rate of pay -
of $26.55 (10 hours a
(b) Piece rates with minimum hourly guarantee. In some an employee is hired on a piece-
-rate earnings for the
-
rates are then divided by the total number of
must be included in the regular rate. (See Part 531 of this chapter for a discussion as to the inclusion of
the f
air
CFR 778.117
62
-general.
ho
-
excess of the applicable maximum hour’s standard.
-
-
the commission. When the commission can be comput
-
the commission for tha
opted.
used:
(a) Allocaon of equal amounts to each week. Assume that the employee earned an equal amount
(1)
63
CFR 778.120
(2)
-
commission allocable t
-----------------------
Total hours x 2
the extra half-
Example
(i) If there is a monthly
-ay due of $8.
$8.
(ii) An employee received $384 in commissions for a 4-
-
the same mann
(b) Allocaon of equal amounts to each hour worked
in paragraph
commission pay
determine the amount of the increase in the regular rate allocable to the commission payment. One-half
64
778.121
$1 for each of the 16
-
p
receding paragraphs.
§778.400 and part 548 of this chapter.
SUBPART C-PAYMENTS THAT MAY BE EXCLUDED FROM THE “REGULAR RATE” BONUSES
-
f
the regular earnings of an employee. For a discussion on the bonus form as an evasive bookkeeping
(a) General rules
us covers only one
he may pay
-
be said to have been earned. The employee must then
p
eriod equal to one-
(b)
65
778.210
in an amount equal to one-
reasonable and equitable to assume that the employee earned an equal amount of bonus each hour of
the pay period and the resultant hourly increase may be determined by dividing the total bonus by the
-half
this hourly increase.
to the performance of services may provide for the payment of add
-
provisions of the Act and no re-
and 778.503.
(a) Statutory provision
the fact that payment is to be made and the amount of the payment are determined at the sol
e
(b) Discreonary character of excluded bonus. In order for a bonus to qualify for exclusion as a
i
s
promises
romising a bonus to his employees.
66
778.212
(c
) Promised bonuses not excluded
from the regular rate under this p
; in such
circumstances they must be included in the regular rate of pay.
(d) Labels are not determinave. The label assigned to a bonus does not conclusively determine
employ
-
overcoming challenging o-of-the-
hich the bonus
corresponds.
(a) Statutory provision
ot measured by or
(b) Gi or similar payment
o be considered as in
(c) Applicaon of exclusion
ough the amounts paid to
67
778.213
regular rate under this category.
-
- sharing plan or trust or bona
r
egular rate.
-
(a) Statutory provision
r health insurance or
(b) Scope and applicaon of exclusion generally
for regular rate purposes
tchin
g
--sharing payments may be excluded from the regular
-
m
ay be excluded from the regular rate if they meet the tests set forth in §778.215. Advance approval by
the Department of Labor is not required.
(c) Tests must be applied to employer contribuons. It should be emphasized that it is the
of the regular ra
e is due for each
any increase in his regular rate in th
(d) Employer contribuons when included in fringe benefit wage determinaons under Davis-
Bacon Act
-
-
68
778.215
by
(e) Employer contribuons or equivalents pursuant to fringe benefit determinaons under Service
Contract Act of 1965
-
payments p
McNamara-
-
(a) General rules
(1
)
may be either a company--employee contributory plan.
(2)
(3)
(i)
(ii)
the plan; or
(ii) There must be both a formula for determining the amount to be contributed by the employer
(iv)
requires a
to incre
the requirements.
11
69
(4)
The trust or fund must be set up in
employer-
ates. See part 531 of this chapter.) Although
the contrib
borne by the employer. In such a case the return by the insurance company to the employer of sums
(5)
for the payment to an employee in cash of all or a part of the amount standing to his credit
(i)
(ii)
(iii)
the Act.
(b) Plans under secon 401(a) of the Internal Revenue Code
meet the
PART 785-HOURS WORKED SUBPART C-APPLICATION OF PRINCIPLES
EMPLOYEES "SUFFERED OR PERMITTED" TO WORK
§785.11 General.
(Handler v. ThrasherRepublican Publishing Co. v
.
Am
erican Newspaper Guild; Kappler v. Republic Pictures Corp
Hogue v. Naonal
70
12
Automove Parts Ass'nBarker v. Georgia Power & Light Co
Steger v. Beard & Stone Electric Co
§
785.13 Duty of management.
WAITING TIME
§785.14 General.
(Skidmore v.
Swi
Central Mo. Tel. Co. v. Conwell
1948))
readiness. T
(See: Skidmore v. SwiWright v.
Carrigg); Mitchell v. Wigger
W.H. Cases 534 (D.N.M. 1960); Mitchell v. Nicholson
1959))
(a) General
71
17
(b) Truck drivers; specific examples
(Skidmore v. SwiWalling v. Dunbar Transfer & Storage
Gifford v. Chapman
Thompson v. Daugherty
§
785.17 On-
(Armour & Co. v. Wantock
U.S. 126 (1944); Handler v. ThrasherWalling v. Bank of Waynesboro
R
EST AND MEAL PERIODS
(Mitchell v. Greinetz
Ballard v. Consolidated Steel Corp
§
785.19 Meal.
(a) Bona fide meal periods
(Culkin v. Glenn L. Marn, Nebraska Co., 97 F. Supp. 661 (D.
Thompson v. Stock &
Sons, Inc., Biggs v. Joshua Hendy
Corp., Walling v. Dunbar Transfer & Storage
Co., 3 W.H. Cases 284; 7 Labor Cases para. 61.565 (W.D. Tenn. 1943); Loon v. Seneca Coal and Coke Co.,
denied 320 U.S. 772 (1943); Mitchell v. Tampa Cigar Co.,
(S.D. Fla. 1959); Douglass v. Hurwitz Co.,
(b) Where no permission to leave premises
20
72
S
LEEPING TIME AND CERTAIN OTHER ACTIVITIES
§785.20 General.
-
(Central Mo. Telephone Co. v. Conwell, Strand v. Garden Valley Telephone
Co., 51 F. Supp. 898 (D. Minn. 1943); Whitsi v. Enid Ice & Fuel Co., 2 W. H. Cases 584; 6 Labor Cases
(a) General
t
o the con
(Armour v. Wantock, 323 U.S. 126 (1944); Skidmore v. Swi, 323 U.S. 134 (1944); General Electric Co. v.
Porter, Bowers v. Remington Rand, 64
Bell v.
Porter, Bridgeman v. Ford, Bacon & Davis,
Rokey v. Day & Zimmerman, McLaughlin v. To
dd
&
Brown, Inc., 7 Campbell v. Jones &
Laughlin, 70 F. Supp. 996 (W.D. Pa. 1947).)
(b) Interrupons of sleep
must be counted as
D
ivisions have adopted the rule that if the employee cannot get at least
(See Eusce v. Federal Cartridge Corp., 66 F. Supp. 55
(D. Minn. 1946).)
er these circumstances and any reasonable
agreement
(Skelly Oil Co. v.
73
2
Jackson, Thompson v. Loring Oil Co., 50 F. Supp. 213
(W.D. La. 1943).)
PREPARATORY AND CONCLUDING ACTIVITIES
-to-
-to-
(b)
-to-
(1
)
(2)
er employees and gets machines in
employee.
compensable under
custom or contract.
(c)
em
ployee a
rdinarily be regarded as integral parts of the princip
al
These principles have guided the Administrator in
eir
n in a
integral and indispensable part of the employe
§
785.27 General.
2
74
(a)
(b)
(c)
(d)
not voluntary in fact if the
ourse in
s
a
through upgrading the employee to a higher skill and is not intended to make the employee more
thou
his job.
r.
(a)
Department of Labor; and
(b)
75
33
T
RAVEL TIME
§785.33 General.
brief discussion in §785.34 of the Portal-to-Portal Act as it applies to .
distance to perform an emergency job for one of his
-
1-
mployee arrives back in Washington at 7 p.m. Such travel
cannot be regarded as ordinary home-to-
lar
-to-
76
-to-
(Walling v. Mid-Connent Pipe Line Co.,
is not counted.
or automobile.
e employee had used the public conveyance.
is
SYSTEMS
77
7
S
UBPART D-RECORDING WORKING TIME
Anderson v.
Mt. Clemens Poery Co
s
Glenn L. Marn Nebraska Co. v. Culkin
on
al
Addison v.
Huron Stevedoring Corp
Hawkins v. E. I.du Pont de Nemours & Co
(a) Differences between clock records and actual hours worked. Time clocks are not required. In
they do no
discrepancies should be discouraged since they raise a doubt as to the accuracy of the records of the
(b) "Rounding" pracces
-tenth or quarter of
it
78
79
U
.S. Department of Labor
Wage and Hour Division
R
evised September 2019
S
ubpart A –
§541.01 Introductory Statement.
§541.1
§541.2
§541.3
§541.4
S
ubpart B –
§541.102 Management.
§541.103 Department or subdivision.
S
ubpart C –
§541.204
Subpart D –
§541.301 Learned professionals.
§541.303 Teachers.
S
ubpart E –
80
§541.401 Computer manufacture and repair.
81
0
Subpart A—
(
a)
in the capacity of academic
employees.
(b)
(c)
employees (including any
The equal pay provisions
Standards Act.
in this part.
(a)
-
the-
exempt learned
--line employees and non-management employees in
82
4
(b)
(1
)
sim
ilar
restraining and apprehending suspects; detaining or supervis
(2)
con
(3)
200.
(4) Such employees do not qualify as exempt professionals because their primary duty is not the
customarily acquired by a prolonged course of specialized intellectual
emergency medi
The Fair Labor Standards Act provides minimum standards that may be exceeded but
s part relieves employers from
S
ubpart B—
(a)
shall mean any employee:
1
83
(1)
(2)
a customarily recognized department or subdivision thereof;
(3)
(4)
(b) The phrase
§
541.701.
-percent equity interest in the enterprise in
business is a corporate or other type of
§
541.102 Management.
employees; maintaining
status; handling employee complaints and grievances; disciplining employees; pla
providing for the safety and security of the employees or the property; planning and controlling the
(a)
cognized department or subdivision
employment opportunity
(b)
establishment may be considered in charge of a recognized subdivision of the enterprise.
4
84
(c)
the employee is actually in
(d)
(a)
--half-
--
(b)
-
-
(c)
(d)
-
-
employee for both supervisors.
must pertain to employees
-
igher-
(a)
case-by-
0
85
(b)
employees and stock shelves.
(c)
Subpart C—
§
541.200 General
(a)
Act shall mean any employee:
(1) Compensated on a salary or fee basis pursuant to § 541.600 at a rate of not less than $684 per
(2) -
(3)
(b)
(a)
ement or general
p
roduct in a retail or service establishment.
(b)
86
541.202
(c)
s or consultants to their
(
a)
courses of conduct and
performed.
(b)
c
arries out m
employee is involved in planning long- or short-
(c)
decisions are revised
541.203
87
(d)
employee does not involve th
e
(e)
-
sources. See also §541.704 regarding use of manuals. The exercise
(f)
operates very expensiv
(a)
(b)
(c)
em
ployee does not have direct supervisory responsibility over the other employees on the team.
(d)
(e)
88
541.204
eet minimum standards for the
et the minimum standards is similarly made by the exempt human
or
(f
)
s in excess of the
contemplated plant needs.
(g)
-gued and described in
manuals or other sources. Such inspectors rely on techniques and skills acquired by special training or
limits.
(h)
e
mploye
(i)
(j)
involv
prescribed standards or criteria are met.
(a)
Act also includes employees:
(1)
89
541.300
(2)
(
b)
schools that provide elementary o
r
includes the curriculums in grades 1 through 12; under many it includes also the introductory programs
in kindergarten.
-
licensed by a state a
(c)
(1)
and other aspects of the teaching program; the principal and any vice-principals responsible for the
(2)
lunchroom
academic
S
ubpart D—
(a)
A
ct shall mean any employee:
541.301
90
(1) Compensated on a salary or fee basis pursuant to § 541.600 at a rate of not less than $684 pe
r
(2)
(i)
(ii
)
e
ndeavor.
(b)
(a)
This primary duty test includes
three elements:
(1)
(2)
(3)
(b)
school level.
(c)
(d)
entrance into the profession. The best prima facie evidence that an employee meets this requirement is
level
only the general k
91
541.301
most employees have acquired their skill by experience rather than by advanced specialized intellectual
(e)
(1
) Registered or cerfied medical technologists
have successfully completed three academic years of pre-professional study in an accredited college or
by
(2) Nurses
ify as exempt learned
professionals because possession of a specialized advanced academic degree is not a standard
(3) Dental hygienists
pre-professional and professional study in an accredited college or university approved by the
American
(4) Physician assistants
of pre-
(5) Accountants
(6) Chefs-year specialized
(7) Paralegals. Paralegals and legal assistants generally do not qualify as exempt learned
professionals because an advanced specialized academic degree is not a standard prerequisite for entry
-year advanced
-year associate degree programs from a community college or equivalent
advanced specialized d
provide
expert advice on product
(8) Athlec trainers-
professional and professional study in a specialized curriculum accredited by the Commission on
92
541
(9) Funeral directors or embalmers
-professional
by the
(f)
ence or learning. When an advanced
to thos
(a)
intellectual ability and training.
(b)
the graphic arts.
(c)
-by-case basis. This requirement generally is met
by actors
-
and screen-
-employed); and persons
hold
-
(d)
or
93
541.303
commentator.
(
a)
(b)
semi-
instructors; home economics teachers; and vocal or instrumental music instructors. Those faculty
lopment of the student.
(c)
are no
system.
(d)
(a)
A
ct also shall mean:
(1)
(2)
(b)
des medical doctors including general
optometry).
541.400
94
(c)
profession.
(d)
S
ubpart E—
(a)
(b) compensated on a
rate of no
(1)
(2)
(3)
(4)
le
vel of skills.
(c)
-
er similarly skilled computer-related
ems analysts and computer programmers
95
541.500
Subpart F—
(a)
Act shall mean any employee:
(1) Whose primary duty is:
(i)
(ii
paid by the client or customer; and
(2)
business in performing such primary duty.
(b)
catal
(c)
(a)
(1)
(2)
(b)
(c)
fr
eight f
(d)
ord e r.
541.502
96
-to-
te
ples in hotel sample rooms during trips from
s
(a)
u
nder other subparts of this rule.
(b)
considered an exempt
(c)
tain a commitment for
the employee in this
(a) sell such products may qualify as exempt outside sales
employees only if the employee has a primary duty of making sales. In determining the primary duty of
sales
(b) Several factors should be considered in determining if a driver has a primary duty of making
engaged as truck drivers and as salespersons; possession of
97
541.600
sales.
(c)
(1
)
(2)
a
uthority to commit the customer for purchases.
(3)
(4)
(d)
(1)
(2)
amount of the sale is determined by the
(3)
intended to promote sales by customers (including placing point-of-
S
ubpart G—
(a)
(b)
-per-
541.601
98
(c)
(d)
(e) In the case of professional
engaged
he medical
profession.
(a)(1)
(2)
(b)
(1)
-
(2)
-
nd of the 52-
-
sales t
e a payment of at
-
paid. If the em
(3)
99
541.602
(4) -
(c)
d regularly performs any one or more
(d) -
---managemen
t
b
e.
(a
) G
eneral rule
(1)
(2)
requirements of
(3)
-
541.601.
(i) If by the last pay period of the 52-
-
100
541.602
(ii) -
(a)(3)(i)
(b)
(1
)
-
-day absence.
(2)
-
-
full-
-term disability insurance plan providing salary replacement
under a state state
(3)
(4)
(5)
rules. Such suspensions
(6)
101
541.603
(7)
percent of the em
(c)
amount.
(a)
ay employees on a
responsible
(b)
ers responsible for the actual
-
(c)
(d)
for any impro
responsible for the actual
102
541.604
distributed to
(e)
(
a)
percentage of the sales
s also receives
-
-
(b)
ount paid on a salary basis regardless
-
per-
e
mployee’s pay is computed on
receives a commission of one-
(a)
n
umbe
n
ot considered payments on a fee basis.
(b)
103
541.606
(
a)
phrase
claimed credit for non-
has received the full required minimum salary payment.
(b)
cl
Subpa
rt H—
(a)
y duty must be
mployees
(b)
ary duty requirement. Time
if the other factors support such a conclusion.
(c)
the budget and authorizing payment of bills may have management as their primary duty even if the
104
541.702
requirement.
ek; it does not include isolated or one-
(a)
using a
(b)
(1)
(2)
(3)
(4)
perform. In -
Under such
(5)
105
541704
(6
)
personally use the computer to type a report and create a p
notetaking
is directly annotetaking and typing to
(7)
§541.200. Work that is directly and
credit agencies.
(8)
common-ers for adjustments fo
r
d
amages
telephone orders for loca-
(9)
though such menial tasks can be assigned to laboratory assistants.
(10)
restaurant.
res provide guidance in
ect an
-established techniques or procedures described in manuals or other sources
orrect response to an inquiry or set of circumstances.
106
541.706
or computer employee.
(
a)
(b)
.
(c)
(1)
(2)
(3)
p
romptly.
(4)
the employer could not
§
541.707
employees
but
e
xempt employee to perform the task.
The requirement that the employee be paid ‘‘on a salary basis’’ does not apply to an employee in th
e
107
541.710
employee is employe
(
a) and the daily
(b)
is
at least one-
(a)
the basis that such employee is paid according to a pay system established
-
by an employee because:
(1) Permission for its use has not been sought or has been sought and denied;
(2) Accrued leave has been exhausted; or
(3)
(b) -
required furlough shall not disqualify the employee from being paid on a salary basis except in the
PA
RT 778-OVERTIME COMPENSATION SUBPART D-SPECIAL PROBLEMS
CHANGE IN THE BEGINNING OF THE WORKWEEK
the
at 7
(a
) G
eneral rule
same manner as
108
(1)
(2)
old and
(3) Pay the employee an amount not less than the greater of the amounts computed by methods
(1
) a
nd (2).
(b) Applicaon of rule illustrated
hour and is subject to
f
-day period. He
$175 (35 x $5) for the period of March 8 through March 13.
(c) Non-statutory obligaons unaffected
e
