Section 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 hours in excess of the limits set in this subsection, overtime compensation for the overtime at the rate of one and one-half times the regular rate of pay shall be paid. 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.
   (c) This section  is considered included in all contracts of employment.
   (d) This section does not apply with respect to
        (1) an employee employed by an employer employing less than four employees in the regular course of business, as "regular course of business" is defined by regulations of the commissioner;
        (2) an employee employed in handling, packing, storing, pasteurizing, drying, preparing in their raw or natural state, or canning agricultural or horticultural commodities for market, or in making cheese or butter or other dairy products;
        (3) an employee of an employer engaged in small mining operations where not more than 12 employees are employed if the employee is employed not in excess of 12 hours a day or 56 hours a week during a period or periods of not more than 14 workweeks in the aggregate in a calendar year during the mining season, as the season is defined by the commissioner;
        (4) an employee engaged in agriculture;
        (5) an employee employed in connection with the publication of a weekly, semiweekly, or daily newspaper with a circulation of less than 1,000;
        (6) a switchboard operator employed in a public telephone exchange that has fewer than 750 stations;
        (7) an employee in an otherwise exempted employment or proprietor in a retail or service establishment engaged in handling telegraphic, telephone, or radio messages for the public under an agency or contract arrangement with a telegraph or communications company where the telegraph message or communications revenue of the agency does not exceed $500 a month;
        (8) an employee employed as a seaman;
        (9) an employee employed in planting or tending trees, cruising, or surveying, or bucking, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal if the number of employees employed by the employer in the forestry or lumbering operations does not exceed 12;
        (10) an individual employed as an outside buyer of poultry, eggs, cream, or milk in their raw or natural state;
        (11) casual employees as may be liberally defined by regulations of the commissioner;
        (12) an employee of a hospital whose employment includes the provision of medical services;
        (13) work performed by an employee under a flexible work hour plan if the plan is included as part of a collective bargaining agreement;
        (14) work performed by an employee under a voluntary flexible work hour plan if
             (A) the employee and the employer have signed a written agreement and the written agreement has been filed with the department; and
             (B) the department has issued a certificate approving the plan that states the work is for 40 hours a week and not more than 10 hours a day; for work over 40 hours a week or 10 hours a day under a flexible work hour plan not included as part of a collective bargaining agreement, compensation at the rate of one and one-half times the regular rate of pay shall be paid for the overtime;
        (15) an individual employed as a line haul truck driver for a trip that exceeds 100 road miles one way if the compensation system under which the truck driver is paid includes overtime pay for work in excess of 40 hours a week or for more than eight hours a day and the compensation system requires a rate of pay comparable to the rate of pay required by this section;
        (16) an individual employed as a community health aide by a local or regional health organization as those terms are defined in AS 18.28.100;
        (17) work performed by a mechanic primarily engaged in the servicing of automobiles, light trucks, and motor homes if the mechanic
             (A) is employed as a flat-rate mechanic by a nonmanufacturing establishment primarily engaged in the business of selling or servicing motor vehicles;
             (B) has signed a written agreement with the employer that specifies the mechanic's flat hourly rate of pay and the automotive manual or manuals on which the flat rate is to be based;
             (C) is compensated for all hours worked in any capacity for that employer up to and including eight hours a day and 40 hours a week at an hourly rate that is not less than the greater of
                  (i) 75 percent of the flat hourly rate of pay agreed upon by the employer and employee under (B) of this paragraph; or
                  (ii) twice the state minimum wage; and
             (D) is compensated for all hours worked in any capacity for that employer in excess of eight hours a day or 40 hours a week at one and one-half times the rate described in (C) of this paragraph;
        (18) work performed by an employee under a voluntary written agreement addressing the trading of work shifts among employees if
             (A) the employee is employed by an air carrier subject to subchapter II of the Railway Labor Act (45 U.S.C. 181-188), including employment as a customer service representative;
             (B) the trading agreement is not a flexible work hour plan entered into under (13) or (14) of this subsection;
             (C) the trading agreement is filed with the employee's employer; and
             (D) the trading agreement states that the employee is not entitled to receive overtime for any hours worked by the employee when the employee voluntarily works those hours under a shift trading practice under which the employee has the opportunity, in the same or other work weeks, to reduce hours worked by voluntarily offering a shift for trade or reassignment;
        (19) work performed by a flight crew member employed by an air carrier subject to 45 U.S.C. 181 - 188 (subchapter II of the Railway Labor Act); in this paragraph, "flight crew" means the pilot, co-pilot, flight engineer, and flight attendants.
   (e) The minimum amount due an employee under (d)(17)(C) and (D) of this section shall be figured on a weekly basis.

Authorities

23.05.140;23.10.110

Notes

Recent Bills that will modify this

SB 203 MEDI-VAC FLIGHT CREW OVERTIME PAY

Implemented As

23 AAC 40.100
8 AAC 15.100
8 AAC 15.101
8 AAC 15.102
8 AAC 15.140
8 AAC 15.145
8 AAC 15.160
8 AAC 15.905
8 AAC 15.910

References

8 AAC 15.100
8 AAC 15.101
8 AAC 15.102
8 AAC 15.140
8 AAC 15.145
8 AAC 15.905
8 AAC 15.910
AS 23.05.140 Pay periods; penalty.
AS 23.10.110 Remedies of employee; attorney fees; offers of judgment; settlement; waiver.

History

(Sec. 3 ch 171 SLA 1959; am Sec. 1 ch 3 SLA 1962; am Sec. 1 ch 243 SLA 1970; am Sec. 1 ch 45 SLA 1972; am Sec. 33 ch 127 SLA 1974; am Sec. 1 ch 31 SLA 1980; am Sec. 3 ch 47 SLA 1983; am Sec. 1 ch 160 SLA 1990; am Sec. 1 ch 103 SLA 1992; am Sec. 5 ch 13 SLA 1993; am Sec. 1, 2 ch 123 SLA 1998; am Sec. 1 ch 39 SLA 1999; am Sec. 2 ch 43 SLA 1999; am Sec. 1 ch 11 SLA 2003; am Sec. 3 ch 90 SLA 2005)