CSHB 182(L&C): "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a person acting in a supervisory capacity; providing definitions for persons employed in administrative, executive, and professional capacities, for persons working in the capacity of an outside salesman, and for persons working in the capacity of a salesman employed on a straight commission basis."
00 CS FOR HOUSE BILL NO. 182(L&C) 01 "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a 02 person acting in a supervisory capacity; providing definitions for persons employed in 03 administrative, executive, and professional capacities, for persons working in the 04 capacity of an outside salesman, and for persons working in the capacity of a salesman 05 employed on a straight commission basis." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 23.10.060(a) is amended to read: 08 (a) An employer who employs employees engaged in commerce or other 09 business, or in the production of goods or materials in the state, may not employ an 10 employee for a workweek longer than 40 hours or for more than eight hours a day. 11 [THIS SECTION DOES NOT APPLY TO THE EMPLOYMENT OF A PERSON 12 ACTING IN A SUPERVISORY CAPACITY.] 13 * Sec. 2. AS 23.10.085(b) is amended to read:
01 (b) The regulations may, without limiting the generality of (a) of this section, 02 define terms used in AS 23.10.050 - 23.10.150, and restrict or prohibit industrial 03 homework or other acts or practices that the director finds appropriate to carry out the 04 purpose of AS 23.10.050 - 23.10.150, or to prevent the circumvention or evasion of 05 AS 23.10.050 - 23.10.150. [IF THE REGULATIONS DEFINING AN INDIVIDUAL 06 EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR 07 PROFESSIONAL CAPACITY FOR PURPOSES OF AS 23.10.055 REQUIRE THAT 08 THE INDIVIDUAL RECEIVE A MINIMUM SALARY, THE REQUIRED 09 MINIMUM SALARY MUST BE TWO TIMES THE STATE MINIMUM WAGE 10 FOR THE FIRST 40 HOURS OF EMPLOYMENT EACH WEEK.] 11 * Sec. 3. AS 23.10.145 is amended by adding a new subsection to read: 12 (b) In AS 23.10.050 - 23.10.150, 13 (1) "individual employed in an administrative capacity" means an 14 employee 15 (A) who is compensated on a salary or fee basis at a rate of not 16 less than two times the state minimum wage for the first 40 hours of 17 employment each week, exclusive of board, lodging, or other facilities; 18 (B) whose primary duty is the performance of office or 19 nonmanual work directly related to the management or general business 20 operations of the employer or the employer's customers; and 21 (C) whose primary duty includes the exercise of discretion and 22 independent judgment with respect to matters of significance; 23 (2) "individual employed in an executive capacity" means an employee 24 (A) who is compensated on a salary or fee basis at a rate of not 25 less than two times the state minimum wage for the first 40 hours of 26 employment each week, exclusive of board, lodging, or other facilities; 27 (B) whose primary duty is management of the enterprise in 28 which the employee is employed or of a customarily recognized department or 29 subdivision of the enterprise; 30 (C) who customarily and regularly directs the work of two or 31 more other employees; and
01 (D) who has the authority to hire or fire other employees or 02 whose suggestions and recommendations as to the hiring, firing, advancement, 03 promotion, or any other change of status of other employees are given 04 particular weight; 05 (3) "individual employed in a professional capacity" means an 06 employee 07 (A) who is compensated on a salary or fee basis at a rate of not 08 less than two times the state minimum wage for the first 40 hours of 09 employment each week, exclusive of board, lodging, or other facilities; 10 (B) whose primary duty is to 11 (i) perform work requiring knowledge of an advanced 12 type in a field of science or learning customarily acquired by a 13 prolonged course of specialized intellectual instruction; 14 (ii) perform work requiring invention, imagination, 15 originality, or talent in a recognized field of artistic or creative 16 endeavor; 17 (iii) teach, tutor, instruct, or lecture in the activity of 18 imparting knowledge as a teacher certified or recognized as such in a 19 school or other educational establishment or institution; or 20 (iv) perform computer related occupations that are 21 exempted from the Fair Labor Standards Act under 29 C.F.R. Part 22 541.400; 23 (4) "outside salesman" means an employee 24 (A) who is customarily and regularly away from the employer's 25 place of business; and 26 (B) whose primary duty is making sales or contracts for sales, 27 consignments, or shipment, or obtaining orders for service or for use of 28 facilities for which consideration will be paid by the client or customer; 29 (5) "salesman employed on a straight commission basis" means an 30 employee 31 (A) who is customarily and regularly employed on the business
01 premises of the employer; 02 (B) who is compensated on a straight commission basis for the 03 purpose of making sales or contracts for sales, consignments, shipments, or 04 obtaining orders for services or the use of facilities for which a consideration 05 will be paid by the client or customer; and 06 (C) whose primary duty is making sales or contracts for sales, 07 consignments, shipments, or obtaining orders for service or the use of facilities 08 for which a consideration will be paid by the client or customer.