Section 23.05.140. Pay periods; penalty.

   (a) An employee and employer may agree in an annual initial contract of employment to monthly pay periods when the employer shall pay all employees for all labor performed or services rendered. Otherwise, the employer shall establish monthly or semi-monthly pay periods, at the election of the employee.
   (b) If the employment is terminated, all wages, salaries, or other compensation for labor or services become due immediately and shall be paid within the time required by this subsection at the place where the employee is usually paid or at a location agreed upon by the employer and employee. If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee's termination of services.
   (c)   [Repealed, Sec. 2 ch 19 SLA 1971]. 
   (d) If an employer violates (b) of this section by failing to pay within the time required by that subsection, the employer may be required to pay the employee a penalty in the amount of the employee's regular wage, salary, or other compensation from the time of demand to the time of payment, or for 90 working days, whichever is the lesser amount.
   (e) In an action brought by the department under this section, an employer found liable for failing to pay wages within the time required by (b) of this section shall be required to pay the penalty set out in (d) of this section. The amount of the penalty shall be calculated based on the employee's straight time rate of pay for an eight-hour day.
   (f) In an action brought for unpaid overtime under AS 23.10.060 that results in an award of liquidated damages under AS 23.10.110, the provisions of (d) of this section do not apply unless the action was brought by the department under (e) of this section.

Notes

References

8 AAC 15.160
8 AAC 25.030

History

(Sec. 43-2-11 ACLA 1949; am Sec. 2 ch 34 SLA 1949; am Sec. 1 ch 118 SLA 1959; am Sec. 1, 2 ch 19 SLA 1971; am Sec. 1, 2 ch 11 SLA 1976; am Sec. 1 ch 47 SLA 1983; am Sec. 3 - 5 ch 48 SLA 2000)