Alaska Labor Laws Guide

Overtime exceptions and exemptions in Alaska

Overtime laws prevent employers from exploiting workers and making them work more than they should without compensation. The Fair Labor Standard Act (FLSA) usually regulates these illegal practices.

However, certain occupations and industries are not eligible for overtime protection. For example, employers with 3 or fewer employees in Alaska are not subject to overtime regulations. 

The FLSA provides a series of tests to determine overtime eligibility.

There are 4 main categories of employees that are exempt from overtime law, and federal or Alaska regulations do not protect them. Individuals working in these positions are known as White Collar employees, and their jobs often require a college degree. However, an employee must earn at least $884 per week to be exempt from overtime regulations.

According to federal law, the following groups of employees are exempt from the overtime regulations:

• Executive — direct supervision and management of 2 or more employees at a salaried position — mostly positions of business, general, and executive management,
• Administrative — salaried, non-manual work related to business operations, management policies, or administrative training — positions of financial officers and analysts, accountants, talent acquisition specialists, budget and market analysts, etc.,
• Professional — salaried positions of advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals — positions of architects, software developers, engineers, lawyers, etc., and
• Outside sales — salaried and commission-based positions of making sales or taking orders outside of their employer's main workplace — positions of sales representatives who regularly visit potential and existing clients on their premises.

Other exceptions from the overtime rule in Alaska

Apart from the 4 categories above and any employees working in a business with less than 4 employees total, there are some other, more specific exceptions from overtime.

According to Alaska overtime law, these groups of employees are exempt from overtime pay:

• Individuals employed in handling, packing, storing, pasteurizing, drying, canning, or preparing in their raw or natural state agricultural or horticultural commodities for market or in making cheese, butter, or other dairy products,
• Agricultural workers, 
• Individuals employed as seamen,
• Forestry or lumber workers (in a company with fewer than 12 employees),
• Individuals employed as outside buyers of poultry, eggs, cream, or milk in their natural state,
• Hospital workers who provide medical services,
• Employees under a flexible work-hour plan, which is part of a collective bargaining agreement,
• Workers under a Voluntary Flexible Work Hour Plan, under two conditions:

1. Both parties had signed an agreement and filed it with the Labor Department, and
2. The Labor Department has issued a certificate approving the plan — 40 hours per week, 10 hours per day, or the overtime rule applies.

• Community health aides employed by local or regional health organizations with terms defined by AS 18.28.100,
• Employees who are primarily engaged in servicing automobiles, light trucks, motor homes, and are paid at a flat rate,
• Workers in small mining operations employing fewer than 13 people (provided the worker does not work more than 56 hours a week or 12 hours a day during a period not longer than 14 workweeks in any calendar year),
• Employees of newspapers with a circulation of fewer than 1,000,
• Casual employees, as regulated by the Commission of Labor and Workforce Development,
• Line haul truck drivers who work on routes exceeding 100 miles one way, when specific requirements are met for compensation,
• Switchboard operators employed by a public telephone exchange with fewer than 750 stations,
• Public employees handling telegraphic, telephone, and radio messages working under a contract, in cases where the agency revenue does not exceed $500 per month,
• Flight crew members employed by an air carrier, and
• Workers employed under a voluntary written agreement addressing the trading of work shifts among employees, if employed by an air carrier, including employment as a customer service representative.

Note: This is not a complete list of overtime rules exemptions. For more detailed information, please refer to AS 23.10.055 and AS 23.10.060.

Alaska break laws

According to Alaska state law, an employer is not legally obligated to provide meal or coffee breaks to employees older than 18.

In case an employer allows such breaks, there are 2 important things to mention:

1. If the break is up to 20 minutes — the employees must be compensated at their regular pay rate for that period, and
2. If the break is longer than 20 minutes — the employees do not have to be compensated, as the time does not go into their working hours.

Exceptions to break laws in Alaska

As we have mentioned above, the lack of break regulations applies only to adults.

That is not the case for minors, for whom employers are required to provide a 30-minute break after 5 hours of work. 

Moreover, if a minor is scheduled to work 6 hours throughout the day, they are entitled to a 30-minute break during the workday.

Also, minor employees do not have to be compensated for the duration of those breaks.

Alaska breastfeeding laws

The state of Alaska does not regulate breaks for breastfeeding mothers in the workplace specifically.

That means federal laws apply, so mothers are protected by the FLSA to pump at work.

The said law states that working mothers who are still lactating and breastfeeding must be allowed a reasonable break period to do so. Besides that, employers must provide a separate room for employees to pump milk. The room used for pumping milk to meet the following requirements:

• It has to be private,
• It has to be shielded from view,
• It has to be free from intrusion, and
• It cannot be a bathroom.

Alaska leave requirements

Now, let us see how Alaska employment laws regulate work absence. 

When do employers have to provide leave to their employees without their position being endangered under Alaska labor law?

Are employers required to compensate their employees for the leave period?

Here are the answers about required and non-required leave in Alaska.

Child labor laws in Alaska

The term refers to minors under 18 who CAN be employed — but with a different set of rules and regulations for different age groups.

These laws are also known as Alaska Child Labor Laws and include youth under 18 — and occasionally under 21, for specific industries involving alcohol, gambling, tobacco, and cannabis or marijuana.

The most important distinctions between minors and adults working can be found in the following categories:

• Allowed occupations,
• Maximum number of hours worked per week, and
• Breaks.

Even though some industries are legal in Alaska (gambling, marijuana, etc.), they have specific restrictions regarding minors, including:

• Cannabis and marijuana industry — individuals under the age of 21 are strictly prohibited from working in any branch of this industry, including planting, cultivating, harvesting, processing, packaging, transporting, or selling,
• Alcohol — only minors 16 years of age or older can work for employers that are licensed to sell alcohol. Youths aged 16 and 17 are required to have an approved work permit, and
• Tobacco & pull-tabs — individuals under 19 are not allowed to sell tobacco products during their employment. When it comes to pull-tabs, individuals under 21 are not allowed to sell them.

Let us look at some additional rules regarding Alaska state employment based on the specific age of the minors.

Since Alaska is an extremely specific example when it comes to child labor, we will meticulously cover the laws for different age groups.

Employment for children under 14 years of age in Alaska

Minors under 14 years of age are not allowed to work in most jobs and can only be employed in the following categories:

1. Babysitting and other domestic employment in private homes,
2. Newspaper delivery and sales, and
3. Entertainment industry (provided they have an approved permit issued by the Alaska Age and Hour Administration).

Employment for 14–15-year-olds in Alaska

When minors reach the age of 14, they can engage in a broader range of work activities. However, the rules vary depending on whether school is in session or not:

• When school is in session — minors are limited to a total of 9 hours of school attendance and work hours combined. They can perform work only between 5 a.m. and 9 p.m. and can work a maximum of 23 hours per week, and
• When school is not in session — minors can work a maximum of 40 hours per week between 5 a.m. and 9 p.m.

Prohibited for the age group of 14–15 year-olds in Alaska

On top of the restrictions mentioned above, certain professions and industries are entirely forbidden for this age category, including:

• Manufacturing, mining, processing,
• Any occupation requiring the operation of power-driven machinery (office machinery is excluded),
• Any occupation in construction except office work (including demolition and repair),
• Working in a place that serves alcohol,
• Public messenger service,
• Any occupation in or about canneries (office work is excluded),
• Any work performed in or about engine rooms, boilers, and retorts,
• Any work that is involved with the maintenance/repair of the establishment's machines and equipment,
• Any occupation that involves working from ladders, scaffolding, windowsills (or a similar substitute),
• Any occupation that involves handling and operating power-driven food slicers, choppers, cutters, grinders, and bakery-type mixers,
• Any work in freezers and meat coolers or related to the preparation of meat for sale,
• Loading and unloading to or from trucks, conveyors, and railroad cars,
• Any work in warehouses and storage (office work is excluded),
• Any occupation involving the use of sharpened tools, and
• Any occupation in transportation of people and property (office and sales work is excluded).

Employment of minors under 17 in Alaska

There are various restrictions concerning this age category, so let us break them down into a comprehensive list.

Certain professions and industries are forbidden for minors under the age of 17:

• Any occupation in manufacturing, use, or any kind of handling of explosives,
• Any occupation that requires handling motor vehicles,
• Any occupation in mining operations, including coal,
• Logging or other occupations in the operation of sawmills, lathe mills, shingle mills, and cooperage,
• Any operation of power-driven machinery in woodworking,
• Any occupation with exposure to radioactive substances and ionizing radiation,
• Any operations involving elevators and other power-driven hoisting apparatus,
• Any operations involving power-driven metal forming, punching, and shearing machines,
• Any occupations in regard to slaughtering, meat processing, packing, and rendering,
• Any occupation involving the operation and cleaning of power-driven bakery machines,
• Any occupation involving the operation and cleaning of power-driven paper product machinery,
• Any occupation involving the manufacturing of bricks, tiles, and kindred products,
• Any occupation involving the operation and cleaning of circular saws, guillotine shears, and band saws,
• Any occupation involved in wrecking, shipwrecking, and demolition,
• Any occupation involving roofing operations,
• Any occupation involving excavation operations,
• Any electrical work with voltages exceeding 220, outside erection, repair, and meter testing (including telephone lines and telegraph),
• Any occupation involving exposure to blood-borne pathogens, and
• Any occupation involving canvassing, solicitation, and peddling of door-to-door contributions and acting as an outside salesperson.

Download the Alaska work permit for minors

Alaska labor laws — hiring and termination

The state of Alaska has various specific laws related to the beginning and termination of employment. 

In this part of the article, we will provide answers to some questions, such as:

• What are the illegal categories of possible discrimination?
• Can employment be terminated at any time?

Termination laws in Alaska

Like many other states in the US, Alaska relies on an ”employment-at-will” policy. 

So, what does at-will employment mean?

Apart from the discriminatory reasons we have just mentioned, employers can terminate their employees' work engagement anytime, for any reason, or for no reason at all. Neither notice nor cause has to exist for the legal way to terminate someone's employment.

The “employment-at-will” doctrine goes both ways, so employees are free to leave the position for any or no reason without suffering any negative consequences.

However, employers cannot fire workers in Alaska if the following reasons are involved:

• Military service leave,
• Jury duty leave,
• Voting leave,
• Family and medical leave,
• Garnishment deductions, and
• Occupational safety and health issues reporting.

That is how Alaska protects the rights of both employees and employers. Yet, some principles exist regarding what is right and wrong.

We are talking about wrongful termination, which is illegal.

Discrimination is one of the examples of wrongful termination — but not the only one.

Other examples include:

• Breach of contract (when employers break the terms of a contract, e.g., do not pay wages), and
• Retaliation (when employers take adverse action for employees practicing their legal rights).

If you are an employee wondering: “What can I do if I was fired unfairly in Alaska?” there is a solution. 

To better understand the legal grounds for wrongful termination, contact the Department of Labor and Workforce Development.

Organizational exit laws in Alaska

Organizational exit refers to managing the conditions of an employee leaving an organization. It can be categorized into 4 types: 

• Retirements, 
• Lay-offs, 
• Dismissals, and 
• Resignations.

There are 2 vital requirements for organizational exit — references and final pay.

Qualified immunity is obtained under Alaska labor law, indicating that employers provide job references in good faith.

There are also 2 situations in which a lack of good faith is shown, and those are:

1. Employers recklessly or maliciously deliver misleading information, and
2. Employers violate the employees' civil rights under federal law by disclosing information they are not allowed to.

Final paycheck in Alaska

As for the final pay, employees who resign must be paid regularly on the next payday (provided that the payday is at least 3 days after receiving the notice of resignation).

In case of fired or laid-off employees, they must receive their final paycheck within 3 working days of the termination date.

Discrimination laws in Alaska

Alaska pays special attention to discrimination, as the state is one of the most diverse in the US — both racially and ethnically. For this reason, under the Alaska Human Rights Law, there is a pretty extensive Policy on Anti-Discrimination and Equal Opportunity, which ensures that a high level of professional conduct is always applied.

Here are the grounds for which an employee cannot be discriminated against:

• Age,
• Race,
• Religion,
• Color,
• Gender,
• Nationality,
• Physical or mental disability,
• Marital status,
• Change in marital status,
• Parenthood, 
• Pregnancy, and
• Veteran status.

Discrimination cases must be reported within 300 days of their occurrence and will be treated as confidential. It is also important to mention that it is illegal for employers to retaliate if their employees have filed a complaint under the Alaska Human Rights Law.

The process of reporting discrimination consists of 3 stages:

• The complaint itself — drafting, notarizing, and filing,
• The investigation by the Commission staff, and
• The conciliation — if substantial evidence is found.

Find out more about filing a complaint

Occupational safety in Alaska

Occupational safety laws protect employees in the workplace. The Alaska Occupational Safety and Health (AKOSH) section of the law regulates this area in Alaska. Employers are required to provide necessary training and education to reduce occupational injuries, illnesses, and fatalities.

The law requires that a safety representative be in charge of internal inspection of safety and health standards. Representatives also file complaints about potential threats.

In the state of Alaska, employees are allowed to report any issues directly to the Alaska Department of Labor and Workforce Development and call for an external inspection.

Considering that is their legal right, employees must not be penalized for it.

Miscellaneous Alaska labor laws

Now that we have covered the most essential aspects and categories regarding Alaska labor laws, let us mention other laws that may be applicable:

• Whistleblower protection laws,
• Background check laws,
• Credit and investigative check laws,
• Arrest and conviction check laws,
• Employer use of social media regulations,
• Drug and alcohol testing laws,
• Consolidated Omnibus Budget Reconciliation Act (COBRA) laws, and
• Record-keeping laws.

Whistleblower protection laws

The term “whistleblower” refers to employees who expose certain information or activities they consider illegal, illicit, unsafe, or immoral.

Under the Alaska Whistleblower Act, such employees are protected and must not suffer any negative consequences for practicing their civil rights.

Background check laws

Employers in Alaska are allowed to perform background checks and are subject to the Federal Fair Credit Reporting Act. This law regulates information collection, accuracy, and distribution in the Consumer Financial Protection Bureau.

Here is the list of professions that require background checks:

• School bus drivers,
• Teachers,
• Ambulatory surgical center employees,
• Foster home employees,
• Hospital employees,
• Home health agency employees,
• Hospice employees,
• Care facility employees,
• Free-standing birth center employees,
• Child placement agency employees, and
• Assisted living home employees.

Credit and investigative check laws

The state of Alaska neither requires nor prohibits credit and investigative checks. This means that the employer can conduct such checks based on their judgment and the type of position in question.

Arrest and conviction check laws

The same principle (as above) applies to arrest and conviction checks — any employer can decide at any time to conduct these types of checks on their current or potential employees.

Employer use of social media regulations

When it comes to employees' personal social media accounts, the Legislature of the state of Alaska puts several restrictions on what employers can do.

It is forbidden for employers to request the following:

• Disclose any username, password, or other authentication method,
• Provide access to a personal account,
• Change the settings of their personal accounts, and
• Add a person to the list of contacts associated with the personal account.

Drug and alcohol testing laws

Employers in Alaska are not required to conduct drug and alcohol testing — but such checks are not forbidden by law.

The law only regulates certain conditions if a lawsuit occurs to protect employers from wrongful termination lawsuits.

If they suspect that an employee is using controlled substances at work, it means they are directly posing threats to workplace safety — and, therefore, violating occupational safety and health regulations.

COBRA laws

This group of laws refers to the continuation of employees' medical coverage expenses, even after the termination of employment.

The coverage continues for up to 18 months after the termination date in Alaska and is regulated by the Consolidated Omnibus Budget Reconciliation Act (COBRA).

The law does not apply if the termination happened due to gross misconduct.

It is also important to mention that the level of coverage may differ in that period.

Record-keeping laws

According to the Alaska Department of Labor and Workforce Development, employers must keep accurate records of their employees.

While there is not a standard/universal form of such records, there are regulations that dictate what data must be in those records.

Here is what the law considers to be basic records — the accurate information about all the employees that must be kept for a period of 3 years:

• Full name and social security number,
• Address,
• Occupation,
• If an employee is under 19 years of age, birth date,
• Gender,
• Beginning and ending dates of the regular pay period,
• The total number of hours worked — per day,
• The total number of hours worked — per week,
• The basis of employee wages (per hour, per week, per month, or piece of work),
• The regular rate of pay,
• Total of both straight-time and overtime hours an employee worked,
• Total daily or weekly straight-time earnings,
• Total weekly overtime earnings,
• All additions to or deductions from the wages, including federal income tax deductions, Federal Insurance Contributions Act (FICA) deductions, Alaska ESC deductions, if applicable, board and lodging costs, advances on pay, and other authorized deductions,
• Total gross and net wages paid per pay period, and
• Exact dates of payment for each pay period.

Aside from basic records, there are specific ones on which the wage computations are based.

What do they include?

For starters, any time cards and other time-keeping records. Those should be retained for 2 years and must be open for inspection by the Department's representatives.

Some other wage-related records within this category are:

• Wage rate tables,
• Time and work schedules,
• Piece work tickets, and
• Records of additions and deductions.

Frequently asked questions about Alaska labor laws

This section includes all the necessary information about Alaska state employment. However, we have made an FAQ section to answer some popular questions regarding this topic.

Does Alaska have labor laws?

Yes, in addition to federal law, the state of Alaska has several state acts that regulate employment, some of which are:

• Alaska Wage and Hour Act,
• Alaska Family Leave Act,
• Alaska Child Labor Laws,
• Alaska Whistleblower Act, and
• Alaska Occupational Safety and Health.

How soon after termination does an employer need to pay you?

If an employer terminates your employment, they must pay you everything owed within 3 working days. If you decide to quit, an employer will pay you on the next payday, provided it is at least 3 working days away from your last working day.

Are breaks required by law in Alaska?

No, employers in Alaska are not legally required to provide breaks to employees over the age of 18. However, if an employer decides to include breaks for employees, they must compensate employees for breaks of up to 20 minutes.

Is overtime over 8 hours a day or 40 hours a week in Alaska?

In Alaska, employees who work more than 8 hours a day or 40 hours a week are entitled to overtime compensation.

What is the minimum wage in Alaska?

The minimum hourly wage in Alaska for tipped and non-tipped employees is $11.73. The minimum wage increases annually due to inflation.

What is the highest-paying job in Alaska?

According to the U.S. Bureau of Labor Statistics, the highest-paying job in Alaska is surgeon, with an annual earning of $407,300. Here is a list of the top 5 highest earning professions in the state of Alaska:

1. Surgeons — $407,300 annually,
2. General internal medicine physicians — $402,000 annually,
3. Obstetricians and gynecologists — $306,700 annually,
4. Physicians — $284,240 annually, and
5. Family medicine physicians — $273,740 annually.

Is Alaska a right-to-work state?

No, Alaska is not a right-to-work state. Due to this, employees might be forced to become part of a union and pay union fees.

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Conclusion/Disclaimer

We hope this Alaska labor law guide has been helpful. We advise you to pay attention to the links we have provided, as most of them will lead you to the official government websites and other relevant information.

Please note that this guide was written in June 2024, so any changes in the labor laws that were included later than that may not be included in this Alaska labor laws guide.

We strongly advise you to consult with the appropriate institution and certified representatives before acting on any legal matters.

Clockify is not responsible for any losses or risks incurred should this guide be used without further guidance from legal or tax advisors.