Tacoma, Washington Employment Lawyer

5224 Olympic Drive
Suite 110
Gig Harbor, WA 98335
Phone: 253-858-6601
Fax: 253-858-6603

Filing a Wage and Hour Claim - Alaska

Does Alaska have state overtime laws that are different from federal law?

Under Alaska law, employers must pay employees at a rate of one and one-half the employee's straight-time wage for working more than eight hours per day or 40 straight-time hours per week. Employers cannot give an employee “comp time” instead of overtime pay. Exempt employees  include:

  • An employee of an employer who has less than four employees
  • Employees in agricultural or horticultural commodities, including those who handle, pack, store, pasteurize, dry, or prepare products in their raw or natural state; those who are involved in the canning of such products; or those who make cheese, butter, or other dairy products
  • Employees of small mining operations (less than 13 employees), as long as the individual is not employed more than 12 hours a day or 56 hours a week during a period of not more than 14 work weeks per year
  • Agriculture workers
  • Seamen
  • Lumber and forestry operations with less than 13 employees, including individuals who plant or tend trees; cruise, survey, buck, or fell timber; or prepare or transport forestry products (such as logs) to the mill, processing plant, railroad, or other transportation terminal
  • Outside buyers of poultry, eggs, cream or milk in their raw or natural state
  • Hospital employees who provide medical services
  • Employees who have a Flexible Work Hour Plan as part of a collective bargaining agreement
  • Work performed by an employee under a Voluntary Flexible Work Hour Plan if:
    • The employee and the employer have signed a written agreement and the written agreement has been filed with the Labor Department; and
    • The Labor Department has issued a certificate approving the plan which 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, overtime compensation at the rate of one and one-half times the regular rate of pay
  • Some line haul truck drivers for trips exceeding 100 road miles
  • An individual employed as a "community health aide" by a local or regional health organization
  • Some mechanics who are primarily engaged in the servicing of automobiles, light trucks, and motor homes

Does Alaska have a minimum wage that is different from federal law?

Effective January 1, 2019, Alaska’s minimum wage is $9.89 per hour. The minimum wage is adjusted based on the consumer price index at the beginning of every year. By law, Alaska’s minimum wage will always be at least one dollar higher than the federal minimum wage.

Employers cannot use tips to reduce the minimum wage. If an employee agrees voluntarily in writing, however, an employer can decrease the minimum wage by the cost of meals and lodging even if the employee's net pay is below the minimum wage. School bus drivers working for private contractors must be paid twice the minimum wage.

Employees exempt from the minimum wage requirement include:

  • Agricultural employees
  • Aquatic employees
  • Employees who hand-pick shrimp
  • Employees in domestic service (including babysitters) in or about a private home
  • Any individual employed by the United States, state, or local government
  • Any individual engaged in the activities of a nonprofit religious, charitable, cemetery, or educational organization where the services are on a voluntary basis
  • Newspaper delivery persons who deliver to consumers
  • Individuals employed solely as watchmen or caretakers on premises, property or plants not in operation for four months or more
  • Bona fide executive, professional, or administrative employees; outside salespersons, or any salesperson working on a straight commission basis
  • Employees who search for placer or hard rock minerals
  • Part-time workers under 18 years old employed for 30 hours or less per week
  • Employment by a nonprofit educational or child care facility to serve as a parent of children while the children are in residence at the facility if the employment requires residence at the facility and is compensated on a cash basis exclusive of room and board at an annual rate of less than:
    • $10,000.00 for an unmarried person; or
    • $15,000.00 for a married couple
  • Independent cab drivers who establishes the driving area and hours, who contract on a flat rate basis for the use of the cab, cab permit or dispatch service, and who are compensated solely by the customers served
  • Individuals who volunteer to provide emergency medical services; volunteer to serve with a full-time fire department; or volunteer to provide ski patrol services
  • Some employees of motor vehicle dealers

Do any cities or counties in Alaska have a minimum wage that is different from state or federal law?

No cities or counties in Alaska currently have a minimum wage different from the state or federal requirements.

Does Alaska have meal and rest break requirements, unlike federal law? 

Under Alaska law, employers are not required to provide for employees over the age of 18. If an employer allows breaks, employees must be paid for the break if it is less than 20 minutes. Employers are not required to pay employees for meal breaks which last longer than 20 minutes. If a minor aged 14-17 works five or more consecutive hours, employers must provide a break at least 30 minutes long.

How do I file a wage/hour or labor standards claim in Alaska?

You can file a wage complaint with the Alaska Department of Labor and Workforce Development (DLWD). Information about how to file a claim is located in the DLWD website.

What are my time deadlines?

If you have a wage/hour claim, do not delay in contacting the DLWD to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf for violations of overtime and minimum wage laws, you must file with the DLWD within two years from the date that the work was actually performed. Claims for straight-time wages or other promised benefits are subject to a three-year deadline.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the DLWD. 

How can I or my attorney pursue a claim in court in Alaska?

In Alaska, employees can file a private lawsuit to recover unpaid back wages, liquidated damages, court costs, and attorneys' fees.

-

State Labor Agency – Wage and Hour Administration Offices
Wage and Hour Administration office (907-269-4909)

Anchorage
1251 muldoon Road, Suite 113
Anchorage, AK 99504
Ph: (907) 269-4900
Email: statewide.wagehour@alaska.gov

Fairbanks
Regional State Office Building
675 7th Avenue, Station J
Fairbanks, AK 99701
Ph: (907) 451-2886
Email: statewide.wagehour@alaska.gov

Juneau
1111 W. 8th Street, Rm 302
P.O. Box 111149
Juneau, AK 99811
Ph: (907) 465-4842
Email: statewide.wagehour@alaska.gov

Terry A. Venneberg Weekly Weekly

Topic of the Week

Domestic Violence and the Workplace

Read more...

Blog of the Week

The Nightmare Facing the Poor and Working Class If There’s Not Another Stimulus

With time running out and Republicans balking at more Covid relief, U.S. workers are facing a future of financial misery.

Thought for the Week

"Domestic violence and sexual assault walk in the doors of each and every workplace every day here in the United States. Domestic violence robs our employees of their dignity and their health, and these issues hide in darkness until we bring them into the light."

–Kim Wells | Executive director of the Corporate Alliance to End Partner Violence

List of the Week

from Society for Human Resource Management (SHRM)

Domestic Violence & The Workplace

  • One in every four women and one in 10 men will experience domestic violence in their lifetime
  • The Department of Labor reports that victims of domestic violence lose nearly 8 million days of paid work per year in the U.S., resulting in a $1.8 billion loss in productivity for employers.
  • An estimated 1.3 million women are victims of physical assault by an intimate partner each year and that 85% of domestic violence victims are women.
  • 21% of full-time employed adults said they were victims of domestic violence and 74% of that group said they’ve been harassed at work.
  • 65% of companies don’t have a formal workplace domestic violence prevention policy, according to research conducted by the.

Top Five News Headlines

  1. We need to talk about the science behind implicit bias training
  2. Trump Issues Order Giving Him More Leeway to Hire and Fire Federal Workers
  3. Amazon workers threaten to shut down warehouses if employees don’t get a day off to vote.
  4. What employees should know about expressing their political beliefs outside the workplace
  5. The Do’s and Don’ts of Workplace Etiquette