SB 126: "An Act relating to the payment of sick leave by certain employers; and providing for an effective date."

00                             SENATE BILL NO. 126                                                                         
01 "An Act relating to the payment of sick leave by certain employers; and providing for                                   
02 an effective date."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 23.10.105 is amended to read:                                                                      
05            Sec. 23.10.105. Posting summary required. An employer subject to                                           
06       AS 23.10.050 - 23.10.150 or 23.10.166 shall keep a summary or abstract of the                             
07       applicable [THESE] sections, approved by the commissioner, posted in a conspicuous                            
08       location at the place where a person subject to them is employed. An employer shall                               
09       be furnished copies of a summary by the state on request without charge.                                          
10    * Sec. 2. AS 23.10.110(a) is amended to read:                                                                      
11            (a)  An employer subject to AS 23.10.010 - 23.10.150 who violates a                                      
12       provision of AS 23.10.060 or 23.10.065, or an employer subject to AS 23.10.166                                
13       who violates a provision of that section, is liable to an employee affected in the                            
14       amount of unpaid minimum wages, [OR] unpaid overtime compensation, or unpaid                                  
01       sick leave, as the case may be, and, except as provided in (d) of this section, in an                         
02       additional equal amount as liquidated damages.                                                                    
03    * Sec. 3. AS 23.10.110(b) is amended to read:                                                                      
04            (b)  An action to recover from the employer the wages and damages for which                                  
05       the employer is liable may be maintained in a competent court by an employee                                      
06       personally and for other employees similarly situated, or an employee may                                         
07       individually designate in writing an agent or representative to maintain an action for                            
08       the employee. The consent shall be filed in the court in which the action is brought. At                          
09       the request of a person paid less than the amount to which the person is entitled under                           
10       AS 23.10.050 - 23.10.150 or 23.10.166, the commissioner may take an assignment in                             
11       trust for the employee of the full amount to which the employee is entitled under this                            
12       section and may bring any legal action necessary to collect the claim.                                            
13    * Sec. 4. AS 23.10 is amended by adding a new section to article 3 to read:                                        
14            Sec. 23.10.166. Minimum paid sick leave. (a) An employer shall provide to                                  
15       an employee who resides in the state and whose terms and conditions of employment                                 
16       are not subject to bargaining between the employer and a collective bargaining agent                              
17       at least one hour of paid sick leave for every 40 hours the employee works. An                                    
18       employee who accrues paid sick leave may begin using it on a date agreed to by the                                
19       employer or a date 90 days after the employee begins working for the employer,                                    
20       whichever occurs first. An employee may carry over unused paid sick leave from year                               
21       to year.                                                                                                          
22            (b)  An employer is not subject to this section if the employer offers to each of                            
23       its employees who reside in the state paid leave that                                                             
24                 (1)  accrues at a rate that is equal to or greater than one hour for every                              
25       40 hours worked;                                                                                                  
26                 (2)  may be carried over from year to year; and                                                         
27                 (3)  may be used as provided by this section.                                                           
28            (c)  For the purpose of this section, a full-time employee who is exempt from                                
29       the overtime requirements of 29 U.S.C. 213(a)(1) shall be considered to have worked                               
30       40 hours for each full work week the employee completes.                                                          
31            (d)  Subject to the limitations of this section, an employer shall permit an                                 
01       employee to use paid sick leave for                                                                               
02                 (1)  the prevention, diagnosis, or treatment of the employee or a                                       
03       member of the employee's immediate family for a mental or physical illness, injury, or                            
04       health condition;                                                                                                 
05                 (2)  time the employee spends away from work because the employee                                       
06       is the victim of a crime of sexual assault, domestic violence, or stalking for which a                            
07       person has been arrested or formally charged.                                                                     
08            (e)  An employer who violates this section is subject to AS 23.10.110. An                                    
09       employer violates this section if the employer                                                                    
10                 (1)  hinders or delays the commissioner or an authorized representative                                 
11       of the commissioner in the performance of a duty related to the enforcement of this                               
12       section;                                                                                                          
13                 (2)  refuses to admit the commissioner or an authorized representative                                  
14       of the commissioner to any place of employment as may be required for the                                         
15       enforcement of this section;                                                                                      
16                 (3)  refuses to make a record accessible, or to furnish a sworn statement                               
17       of the record, or to give information required for the enforcement of this section, upon                          
18       demand, to the commissioner or an authorized representative of the commissioner;                                  
19                 (4)  fails to post a summary or abstract of this section as required by                                 
20       AS 23.10.105; or                                                                                                  
21                 (5)  discharges or in any other manner discriminates against an                                         
22       employee because the employee has filed a complaint, instituted or caused to be                                   
23       instituted any proceeding under or related to this section, or testified or is about to                           
24       testify in a proceeding under or related to this section.                                                         
25            (f)  In this section,                                                                                        
26                 (1)  "domestic partner" means a person who is cohabiting with another                                   
27       person in a relationship that is like a marriage but is not a legal marriage;                                     
28                 (2)  "employee's immediate family" means                                                                
29                      (A)  a spouse or domestic partner of the employee; or                                              
30                      (B)  a parent, child, including a stepchild and an adopted child,                                  
31            and sibling of the employee if the parent, child, or sibling resides with the                                
01            employee;                                                                                                    
02                 (3)  "employer" means a person, other than a federal, state, or                                         
03       municipal government, who employs any combination of 15 or more full-time, part-                                  
04       time, and temporary employees who are compensated under an express or implied                                     
05       contract of hire that is verbal or written;                                                                       
06                 (4)  "paid sick leave" means time that is compensated at the same                                       
07       hourly rate and with the same benefits that the employee would earn while working.                                
08    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
09 read:                                                                                                                   
10       APPLICABILITY. AS 23.10.166, enacted by sec. 4 of this Act, applies to                                            
11            (1)  work performed after September 30, 2014; and                                                            
12            (2)  contracts formed after September 30, 2014.                                                              
13    * Sec. 6. This Act takes effect October 1, 2014.