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creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Alaska employers are required to provide at least a 30-minute break to employees ages
14-17 if they work 5 or more consecutive hours. The break must occur after the first hour
and a half of work but before the beginning of the last hour of work. Alaska Statute
23-10-350.
Alaska employers are not required to provide breaks to employees ages 18 and over.
However, if an employer chooses to provide a break, it must pay its employees for the time
on break if it is 20 minutes or less. Meal periods provided by employers of over 20 minutes
do not need to be paid, so long as employees do not perform any work.
Vacation
In Alaska, employers are not required to provide employees with vacation benefits, either
paid or unpaid. Alaska DOL Wage & Hour Information. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. Alaska DOL Wage & Hour Information.
In Alaska, an employer must pay an employee for accrued vacation leave upon separation
from employment if its policy or contract provides for such payment. Alaska DOL Wage &
Hour Information. Alaska’s Legislature and its courts are silent regarding any obligation an
employer may have regarding payment of accrued vacation leave upon separation from
employment if the policy or contract is silent on the matter.
Due to the lack of clarification by Alaska’s authorities on the matter of vacation leave and the
emphasis on the contractual nature of an agreement to provide vacation leave, it is likely
employer’s are free to establish the vacation leave policy of their choosing, including
policies providing for forfeiture of accrued leave upon separation from employment. Alaska
DOL Wage & Hour Information.
An employer would likely be free to implement a policy or enter into a contract that caps the
amount of vacation leave an employee can accumulate over time. Alaska DOL Wage &
Hour Information.
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. Alaska DOL Wage & Hour Information.
Sick Leave
Alaska law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. Alaska Dept. of Labor FAQs. If an employer chooses to provide sick
leave benefits, it must comply with the terms of its established policy or employment
contract. An employer in Alaska may be required to provide an employee unpaid sick leave
in accordance with the Family and Medical Leave Act or other federal laws.
Severance
Alaska law does not require employers to provide employees with severance pay. Alaska
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
Holidays
Alaska law does not require employers to provide employees with either paid or unpaid
holiday leave. Alaska Dept. of Labor FAQs. In Alaska, an employer can require an
employee to work holidays. An employer does not have to pay an employee premium pay,
such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Minimum Wage
Alaska's current minimum wage rate is $7.15. Alaska Dept. of Labor FAQs. On January 1,
2010, the minimum wage rate will increase to $7.75. Some exceptions apply. See Alaska
DOL Summary of Wage and Hour Laws.
Alaska employers must also comply with federal minimum wage laws, which currently
sets the federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Alaska, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law. On January 1, 2010, the higher Alaska rate will normally apply.
Overtime
Alaska requires employers with 4 or more employees to pay employees overtime at a rate
of 1 1/2 time their regular rate when they work more than 40 hours in a workweek or 8
hours in a workday. Some exceptions apply. Alaska DOL Wage and Hour Summary. An
employer must also comply with federal overtime laws. See FLSA. Federal law will apply
in cases where it benefits employees more, otherwise state law applies.
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TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
Jury Duty
An employer is not required to pay the employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge, threaten, coerce, or penalize an employee for complying
with a jury summons or serving on a jury.
Alaska Stat. 9.20.037