AS Title 23, Chapter 10: Employment Practices and Working Conditions

Article 1. Coercion and Fraud. Chapter 10. Employment Practices and Working Conditions. Secs. 23.10.005 — 23.10.010. Coercion to use hotel or store prohibited; penalty. [Repealed, § 21 ch 166 SLA 1978. For current law on the crime of coercion see AS 11.41.530 .] Sec. 23.10.015. False representations to procure employees prohibited. A person doing business in this state may not personally or through an agent induce an individual to change from one place to another in this state, or bring an individual into this state to work as an employee in this state, by means of false or deceptive representations, false advertising, or false pretenses concerning the kind and character of the work to be done, or the amount and character of the compensation to be paid for the work, or the sanitary or other conditions of employment. Sec. 23.10.020. Penalty for violation of AS 23.10.015 . A person who, personally or as agent or servant for another, violates AS 23.10.015 is punishable by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both. Sec. 23.10.025. Use of armed guards. [Repealed, § 3 ch 59 SLA 1976.] Sec. 23.10.030. Worker's right of action. A worker induced to accept employment with a person mentioned in AS 23.10.015 by conduct violating that section has a right of action for damages caused by the false or deceptive representations used to induce the worker to change the worker's place of employment, against the person directly or indirectly causing the damages. In addition to the actual damages the worker has sustained, the worker may recover the reasonable attorney fees which the court shall fix, to be taxed as costs. Sec. 23.10.035. Limit of application. AS 23.10.015 — 23.10.030 may not be construed to interfere with the right of a person to guard or protect the person's private property, or private interest as provided by law. AS 23.10.015 — 23.10.030 may be construed only to apply when a worker is brought into the state or induced to go from one place to another in the state by a false pretense, false advertising, or deceptive representation, or is brought into the state under arms, or is moved from one place to another in the state under arms. Sec. 23.10.037. Lie-detector tests. (a) A person either personally or through an agent or representative may not request or suggest to an employee of the person or to an applicant for employment by the person or require as a condition of employment that the employee or applicant submit to an examination in which a polygraph or other lie-detecting device is used. (b) The provisions of (a) of this section do not apply to the state or a political subdivision of the state when dealing with police officers in its employ or with persons applying to be employed as police officers. In this subsection, “police officers” includes officers and employees of the Department of Transportation and Public Facilities who are stationed at an international airport and have been designated to have the general police powers authorized under AS 02.15.230 (a). (c) In this section “person” includes the state and a political subdivision of the state. (d) A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both. Article 2. Payment of Wages. Sec. 23.10.040. Payment of wages in state. (a) Except as otherwise provided by AS 37.25.050 , an employer of labor performing services in this state shall pay the wages or other compensation for the services with lawful money of the United States or with negotiable checks, drafts, or orders payable upon presentation without discount by a bank or depository inside the state. (b) [Repealed, § 2 ch 28 SLA 1971.] (c) [Repealed, § 2 ch 28 SLA 1971.] (d) A person who violates a provision of this section is guilty of a misdemeanor. Sec. 23.10.043. Deposit of wages. An employer may not deposit wages due or to become due or an advance on wages to be earned in an account in a bank, savings and loan association, or credit union unless the employee has voluntarily authorized the deposit. All deposits under this section shall be in a bank, savings and loan association, or credit union of the employee's choice. Sec. 23.10.045. Payments into benefit fund. (a) If an employer agrees with an employee to make payments to a fund for the benefit of the employees, including a fund for medical, health, hospital, welfare, and pension benefits or any of them, or has entered into a collective bargaining agreement providing for these payments, the employer may not without just cause fail to make the payments required by the terms of the agreement. (b) Each violation of this section is a separate offense and a person found guilty of a violation is punishable in accordance with the schedule of punishment set out in AS 23.10.415 . Sec. 23.10.047. Employee's lien. (a) If an employer agrees with an employee or group of employees to make payment to a medical, health, hospital, welfare, or pension fund or such other fund for the benefit of the employees, or has entered into a collective bargaining agreement providing for the payments, but fails to make the payments when due, a lien is created in favor of each affected employee on the earnings of the employer and on all property of the employer used in the operation of the employer's business to the extent of the money, plus penalties due to be paid on the employee's behalf to qualify the employee for participation in the fund and for expenses incurred by the employee for which the employee would have been entitled to reimbursement under the fund if the required payments had been made. (b) The lien claimant, a representative of the claimant, or the trustee of the fund on behalf of the claimant must record a notice of claim within 60 days after the employer's payment is due with the recorder of the recording district in which the employer's place of business is located or in which the claimant resides. The notice contains (1) the name of employee; (2) the name of the employer and the name of the person employing the claimant if known; (3) a statement of the pertinent terms and conditions of the employee benefit plan; (4) the date when the payments are due and were to have been paid; and (5) a statement of the demand including the amounts due to the claimant if expenses have been incurred. (c) The notice of claim of lien is served on the employer in the same manner as a summons and complaint in civil actions or mailed to the employer by registered mail. (d) The lien created by the recording of the notice of claim of lien is enforced within the same time and in the same manner as a mechanic's lien is foreclosed if the lien is on real property, or as a chattel lien is enforced if the lien is on personal property. The court may allow, as part of the costs of the action, the recording fees for the notice of claim, reasonable attorney's fees, and court costs. (e) The lien created under (a) of this section is preferred and superior to an encumbrance that attaches after the employer's payments became due, and is also preferred and superior to an encumbrance that has attached previously, but that was not recorded and of which the lien claimant had no notice. Article 3. Alaska Wage and Hour Act. Sec. 23.10.050. Public policy. It is the public policy of the state to (1) establish minimum wage and overtime compensation standards for workers at levels consistent with their health, efficiency, and general well-being, and (2) safeguard existing minimum wage and overtime compensation standards that are adequate to maintain the health, efficiency, and general well-being of workers against the unfair competition of wage and hour standards that do not provide adequate standards of living. Sec. 23.10.055. Exemptions; compensation of executives, administrators, and professionals. (a) The provisions of AS 23.10.050 — 23.10.150 do not apply to (1) an individual employed in agriculture, which includes farming in all its branches and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry, and any practices, including forestry and lumbering operations, performed by a farmer or on a farm as an incident to or in conjunction with the farming operations, including preparation for market, or delivery to storage or to market or to carriers for transportation to market; (2) an individual employed in the catching, trapping, cultivating, farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of animal and vegetable life; (3) an individual employed in the handpicking of shrimp; (4) an individual employed in domestic service, including a babysitter, in or about a private home; (5) an individual employed by the United States or by the state or a political subdivision of the state, except as provided in AS 23.10.065 (b), including prisoners not on furlough detained or confined in prison facilities; (6) an individual engaged in the nonprofit activities of a nonprofit religious, charitable, cemetery, or educational organization or other nonprofit organization where the employer-employee relationship does not, in fact, exist, and where services rendered to the organization are on a voluntary basis and are related only to the organization's nonprofit activities; in this paragraph, “nonprofit activities” means activities for which the nonprofit organization does not incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended; (7) an employee engaged in the delivery of newspapers to the consumer; (8) an individual employed solely as a watchman or caretaker of a plant or property that is not in productive use for a period of four months or more; (9) an individual employed (A) in a bona fide executive, administrative, or professional capacity; (B) in the capacity of an outside salesman or a salesman who is employed on a straight commission basis; or (C) as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker; (10) an individual employed in the search for placer or hard rock minerals; (11) an individual under 18 years of age employed on a part-time basis not more than 30 hours in a week; (12) 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 not less than (A) $10,000 for an unmarried person; or (B) $15,000 for a married couple; (13) an individual who drives a taxicab, who is compensated for taxicab services exclusively by customers of the service, and whose written contractual arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch services are based on flat contractual rates and not based on a percentage share of the individual's receipts from customers, and whose written contract with owners of taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that the contract places no restrictions on hours worked by the individual or on areas in which the individual may work except to comply with local ordinances; (14) a person who holds a license under AS 08.54 and who is employed by a registered guide-outfitter or master guide-outfitter licensed under AS 08.54 , for the first 60 workdays in which the person is employed by the registered guide-outfitter or master guide-outfitter during a calendar year; (15) an individual engaged in activities for a nonprofit religious, charitable, civic, cemetery, recreational, or educational organization where the employer-employee relationship does not, in fact, exist, and where services are rendered to the organization under a work activity requirement of AS 47.27 (Alaska temporary assistance program); (16) an individual who (A) provides emergency medical services only on a voluntary basis; (B) serves with a full-time fire department only on a voluntary basis; or (C) provides ski patrol services on a voluntary basis; (17) a student participating in a University of Alaska practicum described under AS 14.40.065 ; (18) an individual who is employed by a motor vehicle dealer and whose primary duty is to (A) receive, analyze, or reference requests for service, repair, or analysis of motor vehicles; (B) arrange financing for the sale of motor vehicles and related products and services that are added or included as part of the sale; or (C) solicit, sell, lease, or exchange motor vehicles. (b) Notwithstanding (c) of this section, an individual employed in a bona fide executive, administrative, or professional capacity shall be compensated on a salary or fee basis at a rate of not less than two times the state minimum wage for the first 40 hours of employment each week, exclusive of board or lodging that is furnished by the individual's employer. (c) In (a)(9) of this section, (1) “bona fide executive, administrative, or professional capacity” has the meaning and shall be interpreted in accordance with 29 U.S.C. 201 — 219 (Fair Labor Standards Act of 1938), as amended, or the regulations adopted under those sections; (2) “computer systems analyst, computer programmer, software engineer, or other similarly skilled worker” has the meaning and shall be interpreted in accordance with 29 U.S.C. 201 — 219 (Fair Labor Standards Act of 1938), as amended, or the regulations adopted under those sections; (3) “outside salesman” means an employee (A) who is customarily and regularly away from the employer's place of business; and (B) whose primary duty is making sales or contracts for sales, consignments, or shipments, or obtaining orders for services or for use of facilities for which consideration will be paid by the client or customer; (4) “salesman who is employed on a straight commission basis” means an employee (A) who is customarily and regularly employed on the business premises of the employer; (B) who is compensated on a straight commission basis for the purpose of making sales or contracts for sales, consignments, shipments, or obtaining orders for services or the use of facilities for which a consideration will be paid by the client or customer; and (C) whose primary duty is making sales or contracts for sales, consignments, shipments, or obtaining orders for service or the use of facilities for which a consideration will be paid by the client or customer. (d) In (a)(18) of this section, (1) “lease” means a contract by which a person owning a motor vehicle grants to another person the right to possess, use, and enjoy the motor vehicle for a specified period of time in exchange for periodic payment of a stipulated price and in which the use of the vehicle is granted for a period of at least 12 months; (2) “motor vehicle” has the meaning given in AS 45.25.990 ; (3) “motor vehicle dealer” has the meaning given in AS 08.66.350 , except that, in this paragraph, notwithstanding the definition of “motor vehicle dealer” given in AS 08.66.350 , “motor vehicle” has the meaning given in this section. Sec. 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 to (1) an employee employed by an employer employing fewer 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 telephone or radio messages for the public under an agency or contract arrangement with a communications company where the 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 on 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 45 U.S.C. 181 - 188 (subchapter II of the Railway Labor Act), 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. Sec. 23.10.065. Minimum wages. (a) Except as otherwise provided for in law, an employer shall pay to each employee a minimum wage, as established herein, for hours worked in a pay period, whether the work is measured by time, piece, commission or otherwise. An employer may not apply tips or gratuities bestowed upon employees as a credit toward payment of the minimum hourly wage required by this section. Tip credit as defined by the Fair Labor Standards Act of 1938 as amended does not apply to the minimum wage established by this section: (1) beginning July 1, 2025, the minimum wage shall be $13.00 per hour; (2) effective July 1, 2026, the minimum wage shall be $14.00 per hour; (3) effective July 1, 2027, the minimum wage shall be $15.00 per hour; and (4) thereafter the minimum wage shall be adjusted annually for inflation; the adjustment shall be calculated each September 30, for the proceeding January-December calendar year by the Alaska Department of Labor and Workforce Development, using 100 percent of the rate of inflation based on the Consumer Price Index for all urban consumers for the Anchorage metropolitan area, compiled by the Bureau of Labor Statistics, United States Department of Labor; the department shall round the adjusted minimum hourly wage up to the nearest ten cents; the adjusted minimum hourly wage shall apply to work performed beginning on January 1 through December 31 of the year for which it is effective. (b) Subject to the limitation under (c) of this section, an employer shall pay to each person employed as a public school bus driver wages at a rate of not less than two times the minimum wage established under (a) of this section, for hours worked in a pay period, whether work is measured by time, commission, or otherwise. An employer may not apply fringe benefits as a credit toward payment of the minimum wage established under this subsection. (c) Notwithstanding (b) of this section, an employer who contracts with the Department of Education and Early Development, a school district, or a regional educational attendance area to provide school bus transportation services is not required to adjust school bus driver wages under (b) of this section, except when entering into or renewing the contract. (d) If at any point the minimum wage determined under (a) of this section is less than two dollars over the federal minimum wage, the Alaska minimum wage shall be set at two dollars over the federal minimum wage. The two dollar amount itself shall be adjusted for inflation in subsequent years by the method established in (a) of this section. Sec. 23.10.066. Minimum paid sick leave benefit. Employers in the state are required to provide their employees paid sick leave as follows: (1) employers with 15 or more employees shall allow employees to accrue a minimum of one hour of paid sick leave for every 30 hours worked, but employees are not entitled to accrue or use more than 56 hours of paid sick leave per year, unless their employer sets a higher limit; (2) employers with fewer than 15 employees shall allow employees to accrue a minimum of one hour of paid sick leave for every 30 hours worked, but employees are not entitled to accrue or use more than 40 hours of paid sick leave per year, unless their employer sets a higher limit; (3) employees who are exempt from overtime requirements under 29 U.S.C. 213(a)(l) shall be assumed to work 40 hours in each work week for purposes of paid sick leave accrual unless their normal work week is less than 40 hours, in which case paid sick leave accrues based upon that normal work week; (4) paid sick leave shall carry over to the following year, but an employer is not required to allow an employee to use more than the applicable amounts of paid sick leave described in (1) and (2) of this section per year; (5) paid sick leave as provided in this section shall begin to accrue at the commencement of employment or July 1, 2025, whichever is later; an employee shall be entitled to use paid sick leave as it is accrued; (6) any employer with a paid leave or paid time off policy, who makes available an amount of paid leave sutlicient to meet the requirements of this section that may be used for the same purposes and under the same conditions as paid sick leave under this section, is not required to provide additional paid sick leave; (7) an employee who is transfened to a separate entity or location, but remains employed by the same employer, is entitled to all paid sick leave accrued at the prior entity or location; when there is a separation from employment, but the employee is rehired within six months of separation by the same employer, previously accrued and unused paid sick leave shall be immediately reinstated; when a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all accrued and unused paid sick leave. Sec. 23.10.067. Utilization of paid sick leave benefit. The paid sick leave benefit required under AS 23.10.066 may be utilized as follows: (1) employees shall be permitted to use paid sick leave for: (A) an employee's mental or physical illness, injury, or health condition; the employee's need for medical diagnosis, care, or treatment; or the employee's need for preventative medical care; (B) care or assistance to the employee's family member relating to the needs described in (A) of this paragraph; “family member” means an immediate family member as defined pursuant to AS 39.52.960 (11); a domestic partner; a foster child, legal ward, or person to whom the employee stands in loco parentis; a foster parent, adoptive parent, legal guardian, or a person who stood in loco parentis when the employee was a minor child; or any other individual related by blood or whose close association is the equivalent of a family relationship; or (C) absences necessary due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee to obtain for the employee or a family member: medical or psychological attention; services from a victim's aid organization; relocation or steps to secure an existing home; or legal services, including participation in any investigation or civil or criminal proceeding; (2) when the need for paid sick leave is foreseeable, the employee shall make a good faith effort to provide notice to the employer in advance of the use of paid sick leave and make a reasonable effort to schedule use of paid sick leave in a manner that does not unduly disrupt the employer's operations; (3) for paid sick leave of more than three consecutive workdays, an employer may require reasonable documentation that the paid sick leave has been used for a purpose covered by (1) of this section; documentation signed by a health care professional indicating that paid sick leave is or was necessary shall be considered reasonable documentation for (l)(A) or (B) of this section purposes, but an employer may not require that the documentation explain the nature or details of the illness or underlying health needs; (A) in cases of domestic violence, sexual assault, or stalking, under (1)(C) of this section, one of the following types of documentation selected by the employee shall be considered reasonable documentation: a police report; a written statement from a witness advocate affirming services from a victim's aid organization; a court document indicating relevant legal action; or a written, non-notarized statement from the employee affirming that paid sick leave was taken for a qualifying purpose of (l)(C) of this section; (B) unless otherwise required by law, an employer may not require disclosure of the details of an employee's or an employee's family member's health or safety information as a condition of providing paid sick leave under AS 23.10.066 and must treat any health or safety information regarding an employee or employee's family member as confidential medical records; (4) paid sick leave under AS 23.10.066 may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time; (5) an employer may not interfere with, restrain, or deny the exercise of: or the attempt to exercise, the right to paid sick leave under AS 23.10.066 ; an employer shall not: (A) engage in retaliation or discrimination, or take any other adverse action, against an employee who utilizes, or attempts to utilize, their paid sick leave; (B) require, as a condition of an employee's taking paid sick leave under this section and AS 23.10.066 , that the employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave; or (C) use an absence control policy that counts paid sick leave taken under AS 23.10.066 and this section as an absence that may lead to or result in retaliation or any other adverse action. Sec. 23.10.068. Limitations, notice, and violations related to paid sick leave benefit. (a) Nothing in AS 23.10.066 — 23.10.067 shall be construed as: (1) requiring financial reimbursement to an employee following the employee's termination, resignation, retirement, or other separation for unused paid sick leave, unless otherwise required by law; (2) preempting, limiting, or otherwise impacting the applicability of any other law, regulation, or policy providing more generous paid sick leave; or (3) prohibiting an employer from adopting or retaining a more generous paid sick leave policy or diminishing an employer's obligation to comply with any contract, agreement, employment benefit plan, or collective bargaining agreement providing more generous paid sick leave than required herein. (b) An employer found to violate AS 23.10.066 or 23.10.067 is liable for an employee's lost wages or damages as may be appropriate and allowable under state law to remedy the violation. (c) Employers shall give employees written notice of the following at the commencement of employment or within 30 days of this section's effective date, whichever is later: that beginning July 1, 2025, employees are entitled to paid sick leave and the amount of paid sick leave, the terms of its use guaranteed under AS 23.10.066 and 23.10.067, and that retaliation against employees who request or use paid sick leave is prohibited. (d) The rights and remedies under AS 23.10.066 and 23.10.067 may not be waived by any agreement, policy, form, or condition of employment; provided, however, that they shall not apply to employees covered by a bona fide collective bargaining agreement if the requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. (e) Application to multiemployer collective bargaining agreements. An employer signatory to a multiemployer collective bargaining agreement may fulfill its obligations under AS 23.10.066 and 23.10.067 by making contributions to a multiemployer paid sick leave fund based on the hours each employee accrues pursuant to AS 23.10.066 while working under the multiemployer collective bargaining agreement, if the fund enables employees to collect paid sick leave from the fund based on hours they have worked under the multiemployer collective bargaining agreement and for the purposes specified in AS 23.10.067 . Sec. 23.10.069. Exemptions from paid sick leave benefit. (a) Employment described in AS 23.10.070 , 23.10.071, AS 33.30.201 , and 33.30.191 is exempt from the requirements of AS 23.10.066 — 23.10.068. (b) Employment described in AS 23.10.055 (a)(l) — (8) and (10) — (18) is exempt from the requirements of AS 23.10.066 — 23.10.068. However, notwithstanding any other provisions of this chapter, employment described under AS 23.10.055 (a)(9) shall be covered by the paid sick leave requirements of AS 23.10.066 — 23.10.068. (c) An “employee” as defined by 45 U.S.C. 35l(d) who is subject to the federal Railroad Unemployment Insurance Act, 45 U.S.C. 351 et seq. shall be exempt from the requirements of AS 23.10.066 — 23.10.068. Sec. 23.10.070. Exemptions from minimum wage. To the extent necessary to prevent curtailment of opportunities of employment, the commissioner may by regulations or orders provide for the employment at wages lower than the minimum wage prescribed in AS 23.10.050 — 23.10.150 of (1) an apprentice at the wages that are approved by the commissioner; (2) a learner at the wages and subject to the restrictions and for the periods of time that are fixed by the commissioner; or (3) an individual employed by a nonprofit organization for not more than 12 weeks in a calendar year at a residential summer camp who receives room and board in addition to a weekly wage that is equal to or greater than (A) 80 percent of the minimum hourly wage established under AS 23.10.065 (a), multiplied by 40 hours; or (B) 50 percent of the minimum wage established under AS 23.10.065 (a) multiplied by the total hours worked in the week by the individual. Sec. 23.10.071. Wages for work therapy. (a) For work therapy, as defined in AS 47.37.270 , a participant in a residential drug abuse or alcoholism treatment program designed to extend more than 120 days may be paid less than the minimum wage prescribed in AS 23.10.050 — 23.10.150 if the rate has been approved by the commissioner under this section and is in compliance with federal law. (b) The commissioner shall adopt regulations regarding the payment of wages for work therapy. In adopting the regulations, the commissioner shall consider whether the work performed by the patient (1) is solely for the benefit of the patient and is that which is ordinarily carried on by patients in a residential treatment program; (2) would ordinarily be performed by full-time employees of the program; (3) is work that may produce income to the patient, other than wages; (4) produces goods or services the proceeds of which will economically or otherwise benefit the owners, operators, or businesses of the rehabilitation program; and (5) creates an unfair competition with private enterprise because of lower wage standards. Sec. 23.10.075. Labor standards and safety division. There is established in the department the division of labor standards and safety. The director of the division is responsible to the commissioner. The director shall administer AS 18.60.010 — 18.60.105 and AS 23.10.050 — 23.10.150. Sec. 23.10.080. Powers and duties of division. The director, or an authorized representative of the director, shall (1) investigate and ascertain the wages and related conditions and standards of employment of any employee in the state; (2) enter the place of business or employment of an employer at reasonable times for the purpose of inspecting payroll records that relate to the question of wages paid or hours worked; (3) require and subpoena from an employer a statement in writing, when the director or the representative considers it necessary, of hours worked by and the wages paid to a person in the employ of the employer, and the commissioner may require the employer to make the statement under oath; (4) question an employee in a place of employment during work hours with respect to the wages paid and the hours worked by the employees; (5) compel the attendance of witnesses and the production of books, papers, and documents by subpoena when necessary for the purpose of a hearing or investigation provided for in AS 23.10.050 — 23.10.150. Sec. 23.10.085. Scope of administrative regulations; room and board deductions. (a) The director may adopt, amend, or rescind administrative regulations not inconsistent with the purposes and provisions of AS 23.10.050 — 23.10.150 that are necessary for the administration of AS 23.10.050 — 23.10.150. (b) The regulations may, without limiting the generality of (a) of this section, define terms used in AS 23.10.050 — 23.10.150, and restrict or prohibit industrial homework or other acts or practices that the director finds appropriate to carry out the purpose of AS 23.10.050 — 23.10.150, or to prevent the circumvention or evasion of AS 23.10.050 — 23.10.150. (c) The regulations may permit deductions by an employer from the minimum wage applicable under AS 23.10.050 — 23.10.150 to employees for the reasonable cost, as determined by the director on an occupation basis, of furnishing board or lodging if board or lodging is customarily furnished by the employer and used by the employee. Sec. 23.10.090. Administrative procedures. Regulations adopted or hearings conducted under AS 23.10.050 — 23.10.150 shall be adopted or conducted and be subject to judicial review in accordance with AS 44.62 (Administrative Procedure Act). Sec. 23.10.095. Adoption of federal regulations. The commissioner may adopt regulations and interpretations that are made by the administrator of the Wage and Hour Division of the federal Department of Labor and that are not inconsistent with AS 23.10.050 — 23.10.150. Sec. 23.10.100. Employer to keep records. (a) An employer shall keep for a period of at least three years at the place where an employee is employed a record of the name, address, and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each workweek by each employee, and other payroll information that the commissioner may require. (b) The commissioner or an authorized representative of the commissioner may copy the employer's records at any reasonable time. An employer shall furnish to the commissioner or the representative on demand a sworn statement of the employer's records, and the commissioner may require that the sworn statement be made upon forms the commissioner has prescribed or approved. Sec. 23.10.105. Posting summary required. An employer subject to AS 23.10.050 — 23.10.150 shall keep a summary or abstract of these sections, approved by the commissioner, posted in a conspicuous location at the place where a person subject to them is employed. An employer shall be furnished copies of a summary by the state on request without charge. Sec. 23.10.110. Remedies of employee; attorney fees; offers of judgment; settlement; waiver. (a) An employer who violates a provision of AS 23.10.060 or 23.10.065 is liable to an employee affected in the amount of unpaid minimum wages, or unpaid overtime compensation, as the case may be, and, except as provided in (d) of this section, in an additional equal amount as liquidated damages. (b) An action to recover from the employer the wages and damages for which the employer is liable may be maintained in a competent court by an employee personally and for other employees similarly situated, or an employee may individually designate in writing an agent or representative to maintain an action for the employee. The consent shall be filed in the court in which the action is brought. At the request of a person paid less than the amount to which the person is entitled under AS 23.10.050 — 23.10.150, the commissioner may take an assignment in trust for the employee of the full amount to which the employee is entitled under this section and may bring any legal action necessary to collect the claim. (c) The court in an action brought under this section shall, in addition to a judgment awarded to the plaintiff, allow costs of the action and, except as provided in (e) — (h) of this section, reasonable attorney fees to be paid by the defendant. The attorney fees in the case of actions brought under this section by the commissioner shall be remitted by the commissioner to the Department of Revenue. The commissioner may not be required to pay the filing fee or other costs. The commissioner in case of suit has power to join various claimants against the same employer in one cause of action. (d) In an action under (a) of this section to recover unpaid overtime compensation or liquidated damages for unpaid overtime, if the defendant shows by clear and convincing evidence that the act or omission giving rise to the action was made in good faith and that the employer had reasonable grounds for believing that the act or omission was not in violation of AS 23.10.060 , the court may decline to award liquidated damages or may award an amount of liquidated damages less than the amount set out in (a) of this section. (e) If the plaintiff prevails in an action for unpaid overtime compensation under (a) of this section, the court shall award reasonable attorney fees to the plaintiff unless the defendant shows by clear and convincing evidence that the act or omission giving rise to the action was made in good faith and that the defendant had reasonable grounds for believing that the act or omission was not in violation of AS 23.10.060 , in which case (1) the court may award attorney fees to the plaintiff in accordance with court rules; or (2) if the defendant would be entitled to attorney fees if the action were subject to the standards under court rule offers of judgment, the court may not award attorney fees to either the plaintiff or the defendant. (f) If the defendant prevails in an action for unpaid overtime compensation under (a) of this section and had previously made an offer of judgment to the plaintiff, the court shall award attorney fees to the defendant unless the plaintiff proves to the satisfaction of the court that the action was both brought and prosecuted in good faith and that the plaintiff had reasonable grounds for believing that the act or omission was in violation of AS 23.10.060 . If the court awards attorney fees to the defendant, the award shall be made in accordance with court rule. (g) Failure to inquire into Alaska law is not consistent with a claim of good faith under this section. (h) Subsections (d) — (g) of this section do not apply to an action brought under this section by the commissioner. (i) The commissioner may supervise the payment of the unpaid overtime compensation owing to an employee under AS 23.10.060 . Payment in full in accordance with an agreement by an employee to settle a claim for unpaid overtime compensation or liquidated damages for unpaid overtime compensation constitutes a waiver of any right as to this claim the employee may have under (a) of this section to unpaid overtime compensation or liquidated damages for unpaid overtime compensation. (j) In a settlement for unpaid overtime compensation that is not supervised by the department or the court, an employee is entitled to liquidated damages under (a) of this section unless the employee and the employer enter into a written settlement agreement in which the employee expressly waives the right to receive liquidated damages. A private written settlement agreement under this subsection is not valid unless submitted to the department for review. The department shall review the agreement and approve it if it is fair to the parties. The department shall approve or deny an agreement within 30 days of receipt. A waiver of liquidated damages may not be a condition of employment. Sec. 23.10.115. Enforcement by injunction. If it appears to the commissioner that an employer is engaged in an act or practice that violates or will violate a provision of AS 23.10.050 — 23.10.150 or of a regulation adopted under these sections, the commissioner may bring an action in a competent court to enjoin the act or practice, and to enforce compliance with AS 23.10.050 — 23.10.150 or with the regulation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. Sec. 23.10.120. Enforcement of subpoenas. If a person fails to comply with a subpoena issued under AS 23.10.080 , or if a witness refuses to produce evidence or to testify to a matter regarding which the witness may be lawfully interrogated, a competent court shall, upon application of the commissioner or an authorized representative, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify before it. Sec. 23.10.125. Collective bargaining. AS 23.10.050 — 23.10.150 do not limit the right of employees to bargain collectively through representatives of their own choosing to establish wages or conditions of work in excess of the applicable minimum under AS 23.10.050 — 23.10.150 or to establish hours of work shorter than the applicable maximum under AS 23.10.050 — 23.10.150. Sec. 23.10.130. Statute of limitations. An action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages under AS 23.10.050 — 23.10.150 is forever barred unless it is started within two years after the cause of action accrues. For the purposes of this section an action is considered to be started on the date when the complaint is filed. Sec. 23.10.135. Violations. An employer violates AS 23.10.050 — 23.10.150 if the employer (1) hinders or delays the commissioner or an authorized representative of the commissioner in the performance of their duties in the enforcement of AS 23.10.050 — 23.10.150; (2) refuses to admit the commissioner or an authorized representative to any place of employment; (3) fails to keep or falsifies a record required under the provisions of AS 23.10.050 — 23.10.150; (4) refuses to make a record accessible, or to furnish a sworn statement of the record, or to give information required for the enforcement of AS 23.10.050 — 23.10.150, upon demand, to the commissioner or an authorized representative; (5) fails to post an abstract of AS 23.10.050 — 23.10.150 as required by AS 23.10.105 ; (6) discharges or in any other manner discriminates against an employee because the employee has filed a complaint, or has instituted or caused to be instituted any proceeding under or related to AS 23.10.050 — 23.10.150, or has testified or is about to testify in such a proceeding. Sec. 23.10.140. Penalty.

An employer who violates a provision of AS 23.10.050 — 23.10.150, or of any regulation or order of the commissioner issued under it, upon conviction is punishable by a fine of not less than $100 nor more than $2,000, or by imprisonment for not less than 10 nor more than 90 days, or by both. Each day a violation occurs constitutes a separate offense. Sec. 23.10.145. Definitions. If not defined in this title or in regulations adopted under this title, terms used in AS 23.10.050 — 23.10.150 shall be defined as they are defined in 29 U.S.C. 201 — 219 (Fair Labor Standards Act of 1938), as amended, or the regulations adopted under those sections. Sec. 23.10.150. Short title. AS 23.10.050 — 23.10.150 may be cited as the Alaska Wage and Hour Act. Secs. 23.10.155 — 23.10.320. Equal pay for women, discrimination in employment, and age discrimination. [Repealed, § 8 ch 117 SLA 1965, § 5 ch 125 SLA 1980. For present provisions, see AS 18.80.220 .] Article 4. Employment of Children. Sec. 23.10.325. Purpose. It is the purpose of AS 23.10.325 — 23.10.370 to establish protective standards for child labor to the end that their health, morals, education, and future welfare will be protected during the formative years and to the further end that any abuses or unjust exploitation of this labor will be effectively prohibited. Sec. 23.10.330. Exempted employment. (a) AS 23.10.325 — 23.10.370 do not prohibit employment of a child under the direct supervision of a parent in a business owned and operated by the parent or the work of a child on a boat owned and operated by the parent of the child. (b) Notwithstanding AS 23.10.335 — 23.10.350, a minor of any age may be employed as a performer in the entertainment industry. The provisions of AS 23.10.335 — 23.10.350 and AS 23.10.360 (a) and 23.10.360(c) concerning times, hours, or days of work do not apply to the employment of a minor as a performer in the entertainment industry. The department may adopt regulations to implement this subsection. In this subsection, a “performer in the entertainment industry” means a performer in advertisements and television, film, radio, and theater productions but does not include employment on the premises of a business offering any form of adult entertainment under AS 23.10.350 (f) regardless of the nature of the work performed by the minor. Sec. 23.10.332. Authorization for children under 17 to work. (a) Except for employment exempted under AS 23.10.330 and other employment specifically exempted by regulations adopted by the department, a minor under 17 years of age may not be employed or allowed to work without the written authorization of the commissioner unless authorized under AS 23.10.360 or under (c) of this section. (b) The department shall adopt regulations necessary to implement this section. (c) An employer may employ a minor who is at least 14 years of age to perform a specific job consisting of listed duties without the written authorization of the commissioner under (a) of this section if the employer has, in advance, secured the approval of the commissioner for a minor to perform that job and the employer files the written consent from the minor's parent or guardian described in (d) of this section. The employer may not change any of the listed duties of a job to be performed by a minor without prior approval of the commissioner. (d) A written consent from a parent or guardian filed under (c) of this section (1) is valid only for the job and listed duties specified on the consent; (2) must be filed with the commissioner within seven calendar days after the minor begins working the job specified in the consent; (3) is valid for the calendar year in which it is executed or, in the case of a written consent executed in December, for that calendar year, the next calendar year, or both, depending on the terms of the written consent; (4) shall be on a form provided by the department; the department may use the same form that it uses to issue work permits under (a) of this section to secure parental signatures under this subsection; and (5) must be signed by a parent or legal guardian of the minor before the date the minor begins working the job specified in the consent. Sec. 23.10.335. Employment of children under 14. A minor under 14 years of age may not be employed or allowed to work in an occupation outside school hours except in domestic employment, baby-sitting, and handiwork in and about private homes; newspaper delivery or sales; or canneries in warehouse work casing cans under competent supervision. Sec. 23.10.340. Employment of children under 16. (a) A minor under 16 years of age may not be employed for more than a combined total of nine hours school attendance and employment in one day. If employed, the minor's work may be performed only between 5 a.m. and 9 p.m. Employment outside school hours may not exceed 23 hours in one week, domestic work and baby-sitting excepted. (b) [Repealed, § 7 ch 112 SLA 1976.] Sec. 23.10.345. Exemptions for minors over 16 or who have graduated from high school. [Repealed, § 7 ch 112 SLA 1976.] Sec. 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. Sec. 23.10.355. Employment of persons under 21. A person under 21 may not be employed or allowed to sell or serve alcoholic beverages or to work on a licensed premises, except as provided in AS 04.16.049 . Sec. 23.10.360. Regulations for minimum standards and work opportunities. (a) The department may, from time to time after public notice and hearing, adopt regulations and issue orders establishing minimum standards for safety, working conditions, kind and extent of work in various phases of the respective fields of employment, maximum hours for the day and week, and minimum rates of pay, and other reasonable safeguards compatible with the welfare of all minors covered by AS 23.10.325 — 23.10.370. (b) The department shall make cooperative arrangements with other state and federal agencies and shall adopt the regulations that are necessary to provide opportunities for work experience in safe and healthful occupations for minors. (c) The department shall, after notice and hearing, adopt regulations authorizing the employment of minors under 18 years of age and exempting appropriate employers from the requirement to secure the commissioner's written authorization under AS 23.10.332 (a). Sec. 23.10.365. Enforcement. The department shall enforce AS 23.10.325 — 23.10.370. Sec. 23.10.370. Penalty. (a) Except as provided in (b) of this section, a person who violates a provision of AS 23.10.325 — 23.10.370 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than 90 days, or by both. (b) A person who employs a minor in violation of AS 23.10.350 (f) is guilty of a class A misdemeanor for the first offense and a class C felony for the second and each subsequent offense. Article 5. Transportation of Employees. Sec. 23.10.375. Policy. The welfare of the state demands that adequate provision be made for financing the return transportation of certain persons to their place of recruitment inside and outside the state upon termination of employment. Sec. 23.10.380. Right to return transportation. (a) An employer who furnishes, finances, agrees to furnish or finance, or in any way provides transportation for a person from the place of hire to a point inside or outside the state to employ the person shall provide the person with return transportation to the place of hire from which transportation was furnished or financed, or to a destination agreed upon by the parties, with transportation to be furnished or financed (1) on or after the termination of employment for a cause considered good and sufficient by the department, beyond the control of the person, or on or after the termination of the contract of employment or a renewal of the contract; and (2) upon the request of the person or the department made within 45 days after the termination of employment. (b) Upon the termination of employment the subsistence of the employee may not continue longer than 10 days after the termination or until transportation is available, whichever occurs first. Sec. 23.10.385. Enforcement by civil action. (a) The department may take a written assignment of a right of action provided by AS 23.10.380 , and may prosecute the action. The department may join various employees in one claim and in case of suit may join them in one action. (b) The general provisions of law respecting wage collection suits brought by the department in behalf of employees apply in an action brought under this section. Sec. 23.10.390. Construction of contracts. AS 23.10.375 — 23.10.400 are considered a part of every contract of hire involving transportation of an employee to and from this state or from one part of the state to another. Sec. 23.10.395. Orders and regulations. The department may issue orders and adopt regulations necessary to carry out AS 23.10.375 — 23.10.400. Sec. 23.10.400. Penalty. An employer who violates AS 23.10.375 — 23.10.400 is, in addition to any civil liability, guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000. Article 6. Employment in Underground Mines. Sec. 23.10.405. Legislative declaration of hazard. Employment in underground coal mines, underground lode mines, underground placer mines, in underground coal, lode, or placer workings, or in all other underground mines or workings is injurious to health and dangerous to life and limb. Sec. 23.10.410. Limitation on period of employment in underground mines and requirement for pay for certain work. (a) Except as provided in (d) — (f) of this section, a miner may not be employed in an underground mine or workings for more than 10 hours in 24 hours, except on a day when a change of shift is made. The 10-hour limitation applies only to work actually performed at the mine face or other place where the work is actually carried on and excludes time for meals, travel to or from the mine site, and travel between the mine portal and the mine face, whether in going on or off shift, or in going to or returning from meals. However, an employer shall pay wages for the time worked from the time the miner enters the mine at the mine portal, whether or not work is performed at the mine face or other place where the work is actually carried on, until the miner leaves the mine. (b) If life or property is in imminent danger, the 10-hour period may be extended for the continuance of the emergency. (c) The department may not, by regulation, impose more restrictions on the hours of work of miners than are imposed by this section. The department may issue orders and adopt regulations as necessary to carry out the purposes of this section. (d) On application from an employer, the commissioner may grant a variance that permits employment in an underground mine or workings for more than 10 but not more than 12 hours in a 24-hour period if the commissioner finds that (1) the additional working time is permitted under the terms of a collective bargaining agreement entered into by a bargaining organization that represents workers performing the work covered by the variance; or (2) the extension is in the best interest of resident workers of the state. (e) If an employer intends to employ a miner for more than eight hours in 24 hours under (a) of this section, the employer shall notify the department. (f) The department may revoke a variance granted under (d) of this section or reduce the 10-hour limitation on hours of work set in (a) of this section to eight hours if the department finds that (1) a significant violation of state or federal law has occurred at the mine relating to health and safety; (2) the employer has not abated the hazard causing the violation after receiving notice from the commissioner and an opportunity to cure the problem; (3) the reduction of hours of work is necessary to protect the health and safety of the miners; and (4) the reduction of hours of work is in the best interest of the resident workers of the state. (g) An employer that has abated a hazard that was the cause of a violation described in (f)(1) of this section may notify the department of the abatement. The department shall reinstate the variance or remove the reduction of hours, as appropriate, within 30 days after receiving the notice from the employer if the department finds that the hazard has been abated. (h) In this section, “miner” (1) means a person who works in an underground mine or workings and is engaged in actual mining operations; (2) does not include mechanics, warehousemen, electricians, and other support personnel at an underground mine or workings. Sec. 23.10.415. Penalties. (a) A person who, whether as principal or agent, employs a person in violation of the provisions of AS 23.10.410 is guilty of a misdemeanor, and upon a first conviction is punishable by a fine of not less than $100 nor more than $500, or by imprisonment in a jail for not less than 60 days, nor more than six months, or by both. (b) Upon a second conviction under AS 23.10.410 , the punishment is imprisonment in a jail for not less than 60 days, nor more than one year. A second conviction under AS 23.10.410 means a conviction for a violation of AS 23.10.410 committed within a period of two years after a previous conviction for a violation of AS 23.10.410 . Other convictions are first convictions. Each day's violation of the provisions of AS 23.10.410 is a separate offense. Sec. 23.10.420. Train crews. [Repealed, § 1 ch 40 SLA 1983.] Article 7. Employee Rights. Sec. 23.10.430. Access to personnel files. (a) An employer shall permit an employee or former employee to inspect and make copies of the employee's personnel file and other personnel information maintained by the employer concerning the employee under reasonable rules during regular business hours. The employer may require an employee or former employee who requests copies of material under this subsection to pay the reasonable cost of duplication. (b) This section does not supersede the terms of a collective bargaining agreement. (c) In this section, (1) “employee” means a person employed by an employer; (2) “employer” means a person who employs one or more other persons and includes the state, the University of Alaska, the Alaska Railroad, and political subdivisions of the state. Sec. 23.10.440. Posting of information on sexual harassment. [Repealed, § 2 ch 65 SLA 1992.] Sec. 23.10.450. Employee rights to avoid speech. (a) An employer, either personally or through an agent or representative, may not take or threaten to take adverse employment action against an employee because that employee refuses to: (1) attend an employer-sponsored meeting, the primary purpose of which is to communicate the employer's opinion about religious matters or political matters; or (2) listen to communications, the primary purpose of which is to communicate the employer's opinion about religious matters or political matters. (b) An employer found to violate (a) of this section is liable for the employee's lost wages resulting from the employee's decision not to participate or any adverse employment action taken as a result. (c) This section does not prohibit: (1) an employer or its agent or representative from communicating to its employees information the employer is required by law to communicate; (B) necessary for an employee to perform the employee's job; or (C) directly related to, or relevant to, the workplace. (2) an institution of higher education or its agent or representative from communicating to its employees coursework, symposia, or an academic program; (3) a requirement that an employer's executive personnel listen to communications about the employer's business; (4) a bona fide religious organization from requiring its employees to attend an employer-sponsored meeting or participate in any communication with the employer or the employer's agent, representative, or designee for the primary purpose of communicating the employer's religious beliefs, practices, or tenets. (d) The provisions of this section do not apply to informational meetings otherwise required by local, state, or federal law. (e) In this section, (1) "political matters" means matters relating to elections for political office, political parties, candidates, proposed legislation or regulations, and the decision whether or not to join or support a political party, or political, civic, communal, fraternal, or labor organization; (2) "religious matters" means matters relating to religious affiliation and practice and the decision whether or not to join or support a religious organization or association. Sec. 23.10.490. [Renumbered as AS 23.10.450 ] Article 8. Drug and Alcohol Testing by Employers. Sec. 23.10.500. — 23.10.550. [Renumbered as AS 39.20.500 — 39.20.550.] Sec. 23.10.600. Employer protection from litigation. (a) If an employer has established a drug and alcohol testing policy and initiated a testing program under AS 23.10.600 — 23.10.699, a person may not bring an action for damages against the employer for (1) actions in good faith based on the results of a positive drug test or alcohol impairment test; (2) failure to test for drugs or alcohol impairment or failure to test for a specific drug or another controlled substance; (3) failure to test or, if tested, failure to detect a specific drug or other substance, a medical condition, or a mental, emotional, or psychological disorder or condition; or (4) termination or suspension of a drug or alcohol prevention or testing program or policy. (b) A person may not bring an action for damages based on test results against an employer who has established and implemented a drug and alcohol testing program under AS 23.10.600 — 23.10.699 unless the employer's action was based on a false positive test result and the employer knew or clearly should have known that the result was in error and ignored the true test result because of reckless or malicious disregard for the truth or the wilful intent to deceive or be deceived. (c) In a claim, including a claim under AS 23.10.600 — 23.10.699, if it is alleged that an employer's action was based on a false positive test result, (1) there is a rebuttable presumption that the test result was valid if the employer complied with the provisions of AS 23.10.600 — 23.10.699; and (2) the employer is not liable for monetary damages if the employer's reliance on a false positive test result was reasonable and in good faith. (d) A person may not bring an action for damages against an employer for an action taken related to a false negative drug test or alcohol impairment test. (e) A person may not bring an action against an employer based on failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing. Sec. 23.10.610. Limits on causes of action for disclosures. A person may not bring an action for defamation of character, libel, slander, or damage to reputation against an employer who has established a program of drug testing or alcohol impairment testing under AS 23.10.600 — 23.10.699 if the action is based on drug or alcohol testing unless (1) the results of the test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, the tested prospective employee, or another person authorized or privileged by law to receive the information; (2) the information disclosed was a false positive test result; (3) the false positive test result was disclosed negligently; and (4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by law are satisfied. Sec. 23.10.615. Employer's compliance voluntary. Compliance with AS 23.10.600 — 23.10.699 by employers is voluntary. Sec. 23.10.620. Employer policy. (a) Under AS 23.10.600 — 23.10.699, an employer may only carry out the testing or retesting for the presence or evidence of use of drugs or alcohol after adopting a written policy for the testing and retesting and informing employees of the policy. The employer may inform employees by distributing a copy of the policy to each employee subject to testing or making the policy available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing. (b) The written policy on drug and alcohol testing must include, at a minimum, (1) a statement of the employer's policy respecting drug and alcohol use by employees; (2) a description of those employees or prospective employees who are subject to testing; (3) the circumstances under which testing may be required; (4) the substances as to which testing may be required; (5) a description of the testing methods and collection procedures to be used, including an employee's right to a confirmatory drug test to be reviewed by a licensed physician or doctor of osteopathy after an initial positive drug test result in accordance with AS 23.10.640 (d); (6) the consequences of a refusal to participate in the testing; (7) any adverse personnel action that may be taken based on the testing procedure or results; (8) the right of an employee, on the employee's request, to obtain the written test results and the obligation of the employer to provide written test results to the employee within five working days after a written request to do so, so long as the written request is made within six months after the date of the test; (9) the right of an employee, on the employee's request, to explain in a confidential setting, a positive test result; if the employee requests in writing an opportunity to explain the positive test result within 10 working days after the employee is notified of the test result, the employer must provide an opportunity, in a confidential setting, within 72 hours after receiving the employee's written notice, or before taking adverse employment action; (10) a statement of the employer's policy regarding the confidentiality of the test results. (c) An employer may require the collection and testing of a sample of an employee's or prospective employee's urine, oral fluid, or breath for any job-related purpose consistent with business necessity and the terms of the employer's policy, including (1) investigation of possible individual employee impairment; (2) investigation of accidents in the workplace; an employee may be required to undergo drug testing or alcohol impairment testing for an accident if the test is taken as soon as practicable after an accident and the test is administered to employees who the employer reasonably believes may have contributed to the accident; (3) maintenance of safety for employees, customers, clients, or the public at large; (4) maintenance of productivity, the quality of products or services, or security of property or information; (5) reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or the work environment. (d) In addition to tests required under (c) of this section, an employer may require employees or groups of employees to undergo drug testing on a random or chance basis. (e) If an employer institutes a policy of drug testing or alcohol impairment testing under AS 23.10.600 — 23.10.699, the policy must identify which employees or positions are subject to testing. An employer must test all or part of the work force based on consideration of safety for employees, customers, clients, or the public at large. An employer may not initiate a testing program under AS 23.10.600 — 23.10.699 until at least 30 days after the employer notifies employees of the employer's intent to implement the program and makes written copies of the policy available as required by (a) of this section. (f) The provisions of AS 23.10.600 — 23.10.699 may not be construed to discourage, restrict, limit, prohibit, or require on-site drug testing or alcohol impairment testing. Sec. 23.10.630. Collection of samples. (a) An employer may test an employee for the presence of drugs or for alcohol impairment. An employer may test a prospective employee for the presence of drugs. (b) In order to test reliably, an employer may require an employee or prospective employee to provide a sample of the individual's urine, oral fluid, or breath and to present reliable individual identification to the person collecting the sample. Collection of the sample must conform to the requirements of AS 23.10.600 — 23.10.699. The employer may designate the type of sample to be used for testing. (c) An employer shall normally schedule a drug test or an alcohol impairment test of employees during, or immediately before or after, a regular work period. Alcohol impairment or drug testing required by an employer is considered to be work time for the purposes of compensation and benefits for current employees. Sample collection shall be performed in a manner that guarantees the individual's privacy to the maximum extent consistent with ensuring that the sample is not contaminated, adulterated, or misidentified. (d) An employer shall pay the entire actual costs for drug testing and alcohol impairment testing required of employees and prospective employees. An employer shall also pay reasonable transportation costs to an employee if the required test is conducted at a location other than the employee's normal work site. Sec. 23.10.640. Testing procedures. (a) Sample collection and testing for alcohol impairment and drugs under AS 23.10.600 — 23.10.699 shall be performed under reasonable and sanitary conditions. The person collecting samples shall document the sample, including labeling the sample to preclude to the extent reasonable the possibility of misidentification of the person tested in relation to the test result provided, and shall provide the person to be tested with an opportunity to provide medical information that may be relevant to the test, including identifying current or recently used prescription and nonprescription drugs. (b) Sample collection, storage, and transportation to the place of testing shall be performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration, or misidentification. (c) Sample testing must comply with scientifically accepted analytical methods and procedures. Except for on-site testing under AS 23.10.645 , drug testing shall be conducted at a laboratory approved or certified by the Substance Abuse and Mental Health Services Administration or the College of American Pathologists, American Association of Clinical Chemists. (d) Drug testing, including on-site drug testing, must include confirmation of a positive drug test result. The confirmation must be by use of a different analytical process than was used in the initial drug screen. The second or confirmatory drug test shall be a gas chromatography mass spectrometry. An employer may not rely on a positive drug test unless the confirmatory drug test results have been reviewed by a licensed physician or doctor of osteopathy. The physician or osteopath shall (1) contact the employee within 48 hours and offer an opportunity to discuss the confirming test result; (2) interpret and evaluate the positive drug test results for legal use; and (3) report test results that have been caused by prescription medication as negative. (e) A drug test conducted under this section or in an on-site test under AS 23.10.645 for a drug for which the United States Department of Health and Human Services has established a cutoff level shall be considered to have yielded a positive result if the test establishes the presence of the drug at levels equal to or greater than that cutoff level. For a drug for which the United States Department of Health and Human Services has not established a cutoff level, the employer shall, in the written policy under AS 23.10.620 , inform employees of the cutoff level that the employer will use to establish the presence of the drug. Sec. 23.10.645. On-site testing. (a) An employer may include on-site drug and alcohol tests of employees and prospective employees as part of the employer's drug and alcohol testing policy under AS 23.10.600 — 23.10.699. In on-site testing under this section, an employer may only use products approved by the Food and Drug Administration for employee testing and shall use the products in accordance with the manufacturer's instructions. On-site testing under this section may only be conducted by a test administrator who is certified under AS 23.10.650 (b). (b) In on-site testing under this section, the specimen to be tested must be kept in sight of the employee or applicant who is the subject of the test. The test administrator shall (1) conduct the test in a manner that allows the subject of the test to observe the testing procedure and the results; in the case of a sight-impaired employee, the employee may request the presence of an observer; however, the test administrator is not required to delay collection of the sample or administration of the test because of the sight-impaired employee's request; (2) complete the sample documentation required under AS 23.10.640 (a); (3) prepare a written record of the results of the on-site test. (c) An employer may not take permanent employment action against an employee based on an unconfirmed, screen positive on-site test result. If an employer takes temporary adverse employment action based on an on-site test result, the employer shall restore the employee's wages and benefits if the confirmatory test result is negative or if the employee demonstrates that the positive test result was caused by drugs taken in accordance with a valid prescription of the employee or by lawful nonprescription drugs. Sec. 23.10.650. Training of test administrators. (a) Each employer shall ensure that at least one designated employee receives at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on the use of controlled substances. The training will be used by the designee to determine whether reasonable suspicion exists to require an employee to undergo testing under AS 23.10.630 . (b) If an employer administers on-site drug or alcohol tests to test employees or prospective employees under AS 23.10.645 , the employer shall ensure that each person who will be administering the on-site test receives training and meets the qualifications of this subsection. An on-site test administrator must (1) have been trained by the manufacturer of the test or the manufacturer's representative on the proper procedure for administering the test and accurate evaluation of on-site test results; training must be conducted in person by a trainer from the manufacturer or the manufacturer's representative; (2) be certified in writing by the manufacturer or the manufacturer's representative as competent to administer and evaluate the on-site test; (3) have been trained to recognize adulteration of a sample to be used in on-site testing; and (4) sign a statement that clearly states that the on-site test administrator will hold all information related to any phase of a drug test confidential. Sec. 23.10.655. Disciplinary procedures. (a) An employer may take adverse employment action based on (1) a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy; (2) the refusal of an employee or prospective employee to provide a drug testing sample; or (3) the refusal of an employee to provide an alcohol impairment testing sample. (b) Adverse employment action under (a) of this section may include (1) a requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment, or counseling program; the program may include additional drug testing and alcohol impairment testing; the employer may require participation in the program as a condition of employment; costs of participating in the program may or may not be covered by the employer's health plan or policies; (2) suspension of the employee, with or without pay, for a designated period of time; (3) termination of employment; (4) in case of drug testing, refusal to hire a prospective employee; and (5) other adverse employment action. Sec. 23.10.660. Confidentiality of results; access to records. A communication received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program is a confidential and privileged communication and may not be disclosed except (1) to the tested employee or prospective employee or another person designated in writing by the employee or prospective employee; (2) to individuals designated by an employer to receive and evaluate test results or hear the explanation of the employee or prospective employee; or (3) as ordered by a court or governmental agency. Sec. 23.10.670. Effect of mandatory testing obligations. An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of AS 23.10.600 — 23.10.699 even if the required policy or program is not consistent with AS 23.10.600 — 23.10.699, so long as the employer complies with the state or federal requirements applicable to the employer's operations. Sec. 23.10.699. Definitions. In AS 23.10.600 — 23.10.699, (1) “alcohol” means ethanol, isopropanol, or methanol; (2) “drug testing” means testing for evidence of the use of a drug; (3) “drugs” means a substance considered unlawful under AS 11.71 or the metabolite of the substance; (4) “employee” means a person in the service of an employer; (5) “employer” means a person who employs one or more full-time employees under a contract of hire, express or implied, oral or written; (6) “good faith” means reasonable reliance on fact, or that which is held out to be factual, without the intent to deceive or be deceived and without reckless or malicious disregard for the truth; (7) “prospective employee” means a person who has made application to an employer, whether written or oral, to become an employee; (8) “random” means a scientifically valid method that ensures that all covered employees have an equal chance of being selected; (9) “sample” means urine, oral fluid, or breath from the person being tested.