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Employment Practices & Working Conditions (Pamphlet 100)

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Employment Practices & Working Conditions (Pamphlet 100) Employment Practices and Working Conditions Wage and Hour Administration Pamphlet100 Statutes Regulations Adopted CFRs May 2021 Alaska Department of Labor and Workforce Development Labor Standards and Safety Division Anchorage Alaska Department of Labor and Workforce Development Wage and Hour Administration 1251 Muldoon Rd, Suite 113 Anchorage, AK 99504 Phone: (907) 269-4900 Email: [email protected] Juneau Alaska Department of Labor and Workforce Development Wage and Hour Administration P.O. Box 111149 Juneau, AK 99811-1149 Phone: (907) 465-4842 Email: [email protected] Fairbanks Alaska Department of Labor and Workforce Development Wage and Hour Administration 675 7th Avenue, Station J-1 Fairbanks, AK 99701 Phone: (907) 451-2886 Email: [email protected] If you would like to receive Wage and Hour Administration 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 in to the nearest Wage and Hour Administration 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 Administration 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 Practices and Working Conditions Wage and Hour Administration Pamphlet 100 Statutes Regulations Adopted CFRs May 2021 State of Alaska Alaska Department of Labor and Workforce Development Labor Standards and Safety Division Table of Contents Wage and Hour Administration offices ................................................................. inside front cover Alaska Statutes ........................................................................................................................ 1-15 Title 22. Judiciary .............................................................................................................. 2 Title 23. Labor and Workers’ Compensation ..................................................................... 2 Alaska Family Leave Act (AFLA) ............................................................................................ 17-19 Title 39. Public Officers and Employees .......................................................................... 18 Alaska Administrative Code-Title 8 ......................................................................................... 21-33 Chapter 15 Alaska Wages and Hours ............................................................................. 22 Chapter 20 Transportation of Employees ........................................................................ 31 Chapter 25 Payment of Wages ....................................................................................... 32 Code of Federal Regulations (adopted by reference) ............................................................. 34-50 Part 531 Wage Payments ............................................................................................... 37 Part 778 Overtime Compensation ................................................................................... 41 Part 785 Hours Worked ................................................................................................... 47 Code of Federal Regulations (information only) ..................................................................... 51-69 Part 541 Subpart B – Interpretations ............................................................................... 54 Index ........................................................................................................................................... 71 Disclaimer: Note to Readers: The statutes and administrative regulations listed in this publication were taken from the official codes, as of the effective date of the publication. However, there may be errors or omissions that have not been identified and changes that occurred after the publication was printed. This publication is intended as an informational guide only and is not intended to serve as a precise statement of the statutes and regulations of the State of Alaska. To be certain of the current laws and regulations, please refer to the official codes. ALASKA STATUTES 1 Sec. 22.15.040 Sec. 22.15.120 ALASKA STATUTES (7) to hear, try, and enter judgments in all cases involving minor offenses and violations of ordinances TITLE 22. Judiciary of political subdivisions; (8) for the extradition of fugitives as authorized CHAPTER 15. District Courts and Magistrates under AS 12.70; (9) to provide post-conviction relief under the Section Alaska Rules of Criminal Procedure for any of the cases 40. Small claims specified in (5), (6), or (7) of this subsection if the 120. Limitations on proceedings which magistrate may conviction occurred in the district court; or hear (10) to hear, try, and enter judgments in actions for the payment of wages brought by the Sec. 22.15.040. Small claims. Department of Labor and Workforce Development as (a) Except as otherwise provided in this subsection, provided in AS 22.15.040(a) when a claim for relief does not exceed $10,000, exclusive (b) A magistrate may not preside in small claims cases of costs, interest, and attorney fees, and request is so under AS 22.15.040 when service is made on a defendant made, the district judge or magistrate shall hear the action outside the state under Rule 11(a)(4)(C), District Court as a small claim unless important or unusual points of law Rules of Civil Procedure. are involved or the state is a defendant. The Department of (c) In this section, "minor offense" means Labor and Workforce Development may bring an action as (1) an offense classified by statute as an a small claim under this subsection for the payment of infraction or a violation; wages under AS 23.05.220 in an amount not to exceed (2) an offense for which a bail forfeiture amount $20,000, exclusive of costs, interest, and attorney fees. The has been authorized by statute and established by supreme Supreme Court shall prescribe the procedural rules and court order; or standard forms to assure simplicity and the expeditious (3) a statutory offense for which a conviction handling of small claims. cannot result in incarceration, a fine greater than $300, or (b) All potential small claim litigants shall be informed the loss of a valuable license. if mediation, conciliation, and arbitration services are (§ 19 ch 184 SLA 1959; am § 5 ch 5 SLA 1960; am § 1 ch available as an alternative to litigation. 85 SLA 1961; am § 2 ch 91 SLA 1961; am § 12 ch 70 SLA (§ 8(4) ch 184 SLA 1959; added by § 1 ch 91 SLA 1961; 1964; am § 8 ch 110 SLA 1967; am §§ 18 – 20 ch 71 SLA am § 1 ch 12 SLA 1970; am § 1 ch 23 SLA 1978; am §§ 1972; am § 1 ch 65 SLA 1978; am § 3 ch 3 SLA 1986; am 1, 2 ch 3 SLA 1986; am § 2 ch 119 SLA 1992; am § 1 ch § 10 ch 12 SLA 1986; am § 8 ch 38 SLA 1987; am § 5 ch 33 SLA 1997; am § 1 ch 48 SLA 2000; am § 2 ch 65 SLA 125 SLA 1992; am §§ 1, 2 ch 31 SLA 1993; am § 1 ch 26 2004) SLA 1995; am § 18 ch 103 SLA 1996; am § 2 ch 33 SLA Sec. 22.15.120. Limitations on proceedings which 1997; am § 2 ch 48 SLA 2000; am § 4, 5 ch 65 SLA 2004) magistrate may hear. (a) A magistrate shall preside only in cases and TITLE 23. Labor and Workers' Compensation proceedings under AS 22.15.040, 22.15.100, and 22.15.110, and as follows: CHAPTER 05. Department of Labor and Workforce (1) for the recovery of money or damages only Development when the amount claimed, exclusive of costs, interest, and attorney fees, does not exceed
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