CSHB 459(JUD): "An Act relating to minimum wage and overtime compensation claims."
00CS FOR HOUSE BILL NO. 459(JUD) 01 "An Act relating to minimum wage and overtime compensation claims." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.10.110(a) is amended to read: 04 (a) An employer who violates a provision of AS 23.10.060 or 23.10.065 is 05 liable to an employee affected in the amount of unpaid minimum wages, or unpaid 06 overtime compensation, as the case may be, and, except as provided in (d) - (f) of 07 this section, in an additional equal amount as liquidated damages. 08 * Sec. 2. AS 23.10.110(c) is amended to read: 09 (c) The court in an action brought under this section shall, in addition to a 10 judgment awarded to the prevailing party [PLAINTIFF], allow costs of the action and 11 reasonable attorney fees to be determined according to court rule. When the 12 commissioner is the prevailing party in an action brought under this section, the 13 commissioner shall remit the recovered attorney fees [PAID BY THE 14 DEFENDANT. THE ATTORNEY FEES IN THE CASE OF ACTIONS BROUGHT
01 UNDER THIS SECTION BY THE COMMISSIONER SHALL BE REMITTED BY 02 THE COMMISSIONER] to the Department of Revenue. The commissioner may not 03 be required to pay the filing fee or other costs. The commissioner in case of suit has 04 power to join various claimants against the same employer in one cause of action. 05 * Sec. 3. AS 23.10.110 is amended by adding new subsections to read: 06 (d) In an action under (a) of this section to recover unpaid minimum wages, 07 unpaid overtime compensation, or liquidated damages, if the employer shows to the 08 satisfaction of the court that the act or omission giving rise to the action was made in 09 good faith and that the employer had reasonable grounds for believing that the act or 10 omission was not in violation of AS 23.10.050 - 23.10.150, the court may decline to 11 award liquidated damages or may award an amount of liquidated damages less than 12 the amount set out in (a) of this section. The court shall, in a manner consistent with 13 applicable federal and state law, determine whether good faith has been established. 14 This subsection does not apply to an action brought under this section by the 15 commissioner. 16 (e) The commissioner may supervise the payment of the unpaid minimum 17 wages or unpaid overtime compensation owing to an employee under AS 23.10.060 18 or 23.10.065. Payment in full in accordance with an agreement by an employee to 19 settle a claim for unpaid minimum wages, unpaid overtime compensation, or liquidated 20 damages constitutes a waiver of any right the employee may have under (a) of this 21 section to unpaid minimum wages, unpaid overtime compensation, or liquidated 22 damages. 23 (f) In a settlement that is not supervised by the department or the court, an 24 employee is entitled to liquidated damages under (a) of this section unless the 25 employee and the employer enter into a written settlement agreement in which the 26 employee expressly waives the right to receive liquidated damages. The waiver must 27 be knowing and voluntary. A waiver may not be considered to be knowing and 28 voluntary unless the settlement agreement 29 (1) is written in a manner calculated to be understood by the employee; 30 (2) specifically waives rights or claims arising under AS 23.10.110(a); 31 (3) advises the employee to consult with an attorney or with the
01 department before entering into the agreement; 02 (4) allows the employee at least seven calendar days to consider 03 whether to accept the offer of settlement; and 04 (5) provides for a period of at least five days after the employee enters 05 into the agreement in which the employee may revoke the agreement; the settlement 06 agreement may not become effective or enforceable until the revocation period has 07 expired. 08 * Sec. 4. APPLICATION OF ACT. (a) AS 23.10.110(e), added by sec. 3 of this Act, 09 applies to agreements entered into on or after the effective date of this Act. 10 (b) AS 23.10.110(f), added by sec. 3 of this Act, applies to written agreements entered 11 into on or after the effective date of this Act. 12 (c) Except as provided in (a) and (b) of this section, to the extent constitutionally 13 permitted, this Act applies to actions commenced before, on, or after the effective date of this 14 Act that have not resulted in the entry of a final judgment before the effective date of this Act.