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Sec. 23.10.050. Public policy.

It is the public policy of the state to (1) establish minimum wage and overtime compensation standards for workers at levels consistent with their health, efficiency, and general well-being, and (2) safeguard existing minimum wage and overtime compensation standards that are adequate to maintain the health, efficiency, and general well-being of workers against the unfair […]

Sec. 23.10.055. Exemptions; compensation of executives, administrators, and professionals.

(a) The provisions of AS 23.10.050 – 23.10.150 do not apply to (1) an individual employed in agriculture, which includes farming in all its branches and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, […]

Sec. 23.10.060. Payment for overtime.

(a) An employer who employs employees engaged in commerce or other business, or in the production of goods or materials in the state, may not employ an employee for a workweek longer than 40 hours or for more than eight hours a day. (b) If an employer finds it necessary to employ an employee for […]

Sec. 23.10.065. Minimum wages.

(a) Except as otherwise provided for in law, an employer shall pay to each employee a minimum wage, as established herein, for hours worked in a pay period, whether the work is measured by time, piece, commission or otherwise. An employer may not apply tips or gratuities bestowed upon employees as a credit toward payment […]

Sec. 23.10.070. Exemptions from minimum wage.

To the extent necessary to prevent curtailment of opportunities of employment, the commissioner may by regulations or orders provide for the employment at wages lower than the minimum wage prescribed in AS 23.10.050 – 23.10.150 of (1) an apprentice at the wages that are approved by the commissioner; (2) a learner at the wages and […]

Sec. 23.10.071. Wages for work therapy.

(a) For work therapy, as defined in AS 47.37.270, a participant in a residential drug abuse or alcoholism treatment program designed to extend more than 120 days may be paid less than the minimum wage prescribed in AS 23.10.050 – 23.10.150 if the rate has been approved by the commissioner under this section and is […]

Sec. 23.10.075. Labor standards and safety division.

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.

Sec. 23.10.080. Powers and duties of division.

The director, or an authorized representative of the director, shall (1) investigate and ascertain the wages and related conditions and standards of employment of any employee in the state; (2) enter the place of business or employment of an employer at reasonable times for the purpose of inspecting payroll records that relate to the question […]

Sec. 23.10.085. Scope of administrative regulations; room and board deductions.

(a) The director may adopt, amend, or rescind administrative regulations not inconsistent with the purposes and provisions of AS 23.10.050 – 23.10.150 that are necessary for the administration of AS 23.10.050 – 23.10.150. (b) The regulations may, without limiting the generality of (a) of this section, define terms used in AS 23.10.050 – 23.10.150, and […]

Sec. 23.10.090. Administrative procedures.

Regulations adopted or hearings conducted under AS 23.10.050 – 23.10.150 shall be adopted or conducted and be subject to judicial review in accordance with AS 44.62 (Administrative Procedure Act).

Sec. 23.10.095. Adoption of federal regulations.

The commissioner may adopt regulations and interpretations that are made by the administrator of the Wage and Hour Division of the federal Department of Labor and that are not inconsistent with AS 23.10.050 – 23.10.150.

Sec. 23.10.100. Employer to keep records.

(a) An employer shall keep for a period of at least three years at the place where an employee is employed a record of the name, address, and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each workweek by […]

Sec. 23.10.105. Posting summary required.

An employer subject to AS 23.10.050 – 23.10.150 shall keep a summary or abstract of these sections, approved by the commissioner, posted in a conspicuous location at the place where a person subject to them is employed. An employer shall be furnished copies of a summary by the state on request without charge.

Sec. 23.10.115. Enforcement by injunction.

If it appears to the commissioner that an employer is engaged in an act or practice that violates or will violate a provision of AS 23.10.050 – 23.10.150 or of a regulation adopted under these sections, the commissioner may bring an action in a competent court to enjoin the act or practice, and to enforce […]

Sec. 23.10.120. Enforcement of subpoenas.

If a person fails to comply with a subpoena issued under AS 23.10.080, or if a witness refuses to produce evidence or to testify to a matter regarding which the witness may be lawfully interrogated, a competent court shall, upon application of the commissioner or an authorized representative, compel obedience by proceedings for contempt, as […]

Sec. 23.10.125. Collective bargaining.

AS 23.10.050 – 23.10.150 do not limit the right of employees to bargain collectively through representatives of their own choosing to establish wages or conditions of work in excess of the applicable minimum under AS 23.10.050 – 23.10.150 or to establish hours of work shorter than the applicable maximum under AS 23.10.050 – 23.10.150.

Sec. 23.10.130. Statute of limitations.

An action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages under AS 23.10.050 – 23.10.150 is forever barred unless it is started within two years after the cause of action accrues. For the purposes of this section an action is considered to be started on the date when the complaint is filed.

Sec. 23.10.135. Violations.

An employer violates AS 23.10.050 – 23.10.150 if the employer (1) hinders or delays the commissioner or an authorized representative of the commissioner in the performance of their duties in the enforcement of AS 23.10.050 – 23.10.150; (2) refuses to admit the commissioner or an authorized representative to any place of employment; (3) fails to […]

Sec. 23.10.140. Penalty.

An employer who violates a provision of AS 23.10.050 – 23.10.150, or of any regulation or order of the commissioner issued under it, upon conviction is punishable by a fine of not less than $100 nor more than $2,000, or by imprisonment for not less than 10 nor more than 90 days, or by both. […]