Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday, 40 hours per workweek.
Flexi Work Plan
Flexi-plans do not allow an employer to routinely impose a work schedule that deviates from the hours specified and agreed to by the employee in the plan. Only occasional deviations up to 20 percent of the weeks worked (one in five weeks) are allowed. An employee may choose to participate in an approved voluntary flexible work hour plan at initial employment or at any other time during employment. Once an employee has chosen to participate in an approved voluntary flexible work hour plan, that employee is bound to do so and may opt out of participation in the voluntary flexible work hour plan only from November 1 through December 31 each calendar year.
Work Performed While Traveling
Any work which an employee is required to perform while traveling must, of course, be counted as hours worked. An employee who drives a truck, bus, automobile, boat or airplane, or an employee who is required to ride therein as an assistant or helper, is working while riding, except during bona fide meal periods or when he is permitted to sleep inadequate facilities furnished by the employer.
The standard workweek shall not exceed 40 hours per week or eight hours per day. Should an employer find it necessary to employ an employee in excess of these standards, overtime hours shall be compensated at the rate of 1.5 times the regular rate of pay. An employee is entitled to overtime compensation for hours worked in excess of eight hours a day.
An employee is also entitled to overtime compensation for hours worked in excess of 40 hours a week; in determining whether an employee has worked more than 40 hours a week, the number of hours worked shall be determined without including hours that are worked in excess of eight hours in a day because the employee has or will be separately awarded overtime compensation based on those hours.
Alaskan employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work 5 or more consecutive hours and are going to continue to work. Employers are not required to give breaks for employees 18 and over. If the employer allows breaks, and they last less than 20 minutes, the employee must be paid for the break.
Unpaid Leave Based on Agreement between employer and employee (FSLA). The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). These benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Alaska does not have holiday pay or vacation pay stated in the law and is decided on the basis of employer and employee agreement.
Effective January 1, 2018, the state’s hourly minimum wage is $9.84, an increase from the $9.80 hourly minimum wage in effect in 2017. The hourly minimum wage is to be annually indexed to allow for inflation-related adjustments, beginning in 2017. The state’s hourly minimum wage must be evaluated for potential changes whenever the federal minimum wage is adjusted to ensure that the state minimum wage remains at least $1 above the federal minimum wage.
Employers may pay employees whose earning capacity is impaired by physical or mental deficiency, age or injury less than the minimum wage. The amount and duration of the subminimum wage must be specified by the labor department. Apprentices or learners also may be employed at less than the minimum wage rate with the department’s approval.
Alaska requires employers to pay tipped employees the full state minimum wage rate, exclusive of tips. Tips cannot be credited toward the minimum wage. Employers cannot handle or take possession of employees’ tips except for the purpose of delivering the cash amount of a tip provided on a credit card slip or to redistribute tips to employees under a tip pooling arrangement.
If the employer allows meal periods, the employer is not required to pay the employee for your meal period if it lasts more than 20 minutes and you do no work during that time.
Minors younger than age 18 who are scheduled to work for at least six consecutive hours are entitled to a break period of at least 30 minutes. The break period may be scheduled at the convenience of the employer, but must occur after the first hour and a half of work and before last hour of work (inapplicable to minors employed by a family member or minors employed in catching and netting of fish and other forms of animal or aquatic life).
Employers must provide employees summoned for jury duty with paid time off in order to serve as jurors. Employees are required to provide their employers with their jury summons the next working day after the employees receive them. An employer may not require an employee to use annual, vacation, unpaid leave, or sick leave for time spent serving as a juror. The employer may be able to deduct wages the employee received for serving as a juror from the employee’s compensation. An employer may not discharge or subject an employee to any adverse employment action due to serving as a juror, provided the employee returns to work following dismissal from jury duty.
Employees who are registered to vote must be permitted to take the necessary time off from work, up to one hour, to vote in any municipal, county, state or federal primary or general election. Employees must provide reasonable notice to their employers if they require time off to vote. The employer may specify the hours of leave. However, if an employee’s work schedule begins at least two hours after the polls open, or ends at least one hour prior to the polls closing, the employee is not eligible for voting leave.
In addition to the federal law USERRA, Alaska law provides military members with paid leave for days they are engaged in the field, coast defense or other training or service ordered under federal laws governing the U.S. Reserves. An employer is required to pay no more than 168 hours per the calendar year to an employee called into active state service. Upon return from leave, the employee may not suffer a loss of time, efficiency rating, annual leave or sick leave.
State employees (working 30 or more hours per week) are allowed a minimum of 40 hours and a maximum of 80 hours of paid leave
for screening, organ donation, and bone marrow donation. (§39.20.275).
Last updated on: February 7th, 2019