Section 23.10.350. Employment of person under 18.

   (a) A minor under 18 years of age may not be employed or allowed to work
        (1) more than six days a week;
        (2) in hazardous excavation, or underground in mines, or as hoisting engineer in mines; or
        (3) in an occupation dangerous to life or limb or injurious to the health of the minor.
   (b) If the commissioner determines that the duties to be performed by the minor would not unduly endanger the life, limb, or health of the minor and if the employment meets the conditions of wages and hours prevailing for the majority of the employees in the industry at the time of employment, the commissioner may grant an exemption in writing from (a) of this section for a minor 16 - 18 years of age to work at those duties
        (1) outside school hours, or while on school vacation, if the minor is attending school; or
        (2) if the minor is no longer attending school.
   (c) Except as provided in (e) of this section, a person under 18 years of age who is scheduled to work for six consecutive hours or more is entitled to a break of at least 30 minutes during the course of the work shift. The break required by this subsection may be scheduled at the convenience of the employer but must occur after the first hour and a half of work and before the beginning of the last hour of work. A person under 18 years of age who works for five consecutive hours without a break is entitled to a break of at least 30 minutes before continuing to work. This subsection may be modified by the terms of a collective bargaining agreement that covers the employment of the person under 18. This subsection may be modified on occasion by mutual agreement between the employer and the employee.
   (d) Notwithstanding AS 23.10.055(a)(11), failure to provide the unpaid break periods required by (c) of this section creates a minimum wage liability under AS 23.10.065 for the break that the employee did not receive or received late. A claim for minimum wage in lieu of the unpaid break is enforceable under AS 23.10.110.
   (e) The provisions of (c) of this section do not apply to
        (1) an individual employed in the catching, trapping, cultivating or farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of animal and vegetable life;
        (2) an individual employed by a member of the individual's family; in this paragraph, "member of the individual's family" means the individual's spouse, parent, stepparent, grandparent, step-grandparent, great grandparent, step-great grandparent, brother, sister, uncle, aunt, great-uncle, or great-aunt, whether of the whole or half blood or by adoption or by marriage.
   (f) A minor under the age of 18 may not be employed or allowed to work in any capacity on the premises of a business that offers adult entertainment. In this subsection, "business that offers adult entertainment" means a business in which one or more individuals are employed or contracted to, wholly or in part, or permitted to entertain others by
        (1) removing clothes or other items that clothe or hide the person's body;
        (2) dancing or in any other manner exhibiting the individual's body in a completely or almost completely unclothed state;
        (3) participating in an actual or simulated illegal, indecent, or lewd exhibition, act, or practice including
             (A) sexual penetration;
             (B) the lewd exhibition or touching of a person's genitals, anus, or breast; or
             (C) bestiality.

Authorities

11.41.360;11.66.300;18.56.230;23.10.330;23.10.370

Notes

Implemented As

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References

8 AAC 05.260
AS 11.41.360 Human trafficking in the first degree.
AS 11.66.300 Prohibiting minors from being present at an adult entertainment business.
AS 18.56.230 Commercial use in a multi-unit residential housing development owned or financed by the corporation; limitations.
AS 23.10.330 Exempted employment.
AS 23.10.370 Penalty.

History

(Sec. 2, 3 ch 73 SLA 1949; am Sec. 1, 2 ch 28 SLA 1951; Sec. 4 ch 73 SLA 1949; am Sec. 84 ch 127 SLA 1974; am Sec. 4 ch 112 SLA 1976; am Sec. 2 ch 86 SLA 1992; am Sec. 3 ch 18 SLA 1995)