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.