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HB 28: "An Act relating to an annual report concerning the payment of equal pay for comparable work; increasing the minimum wage; and providing for an effective date."

00                              HOUSE BILL NO. 28                                                                          
01 "An Act relating to an annual report concerning the payment of equal pay for                                            
02 comparable work; increasing the minimum wage; and providing for an effective date."                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       SHORT TITLE. This Act may be known as the Equal Pay and Living Wage Act.                                          
07    * Sec. 2. AS 18.80 is amended by adding a new section to read:                                                     
08            Sec. 18.80.062. Powers and duties of executive director. In addition to the                                
09       powers and duties delegated by the commission under AS 18.80.060, the executive                                   
10       director shall, upon request, consult and collaborate with the commissioner of                                    
11       administration or the commissioner's designee to prepare the annual report required                               
12       under AS 23.05.062.                                                                                               
13    * Sec. 3. AS 23.05.060 is amended to read:                                                                         
14            Sec. 23.05.060. Powers of the department. The department may                                               
01                 (1)  enforce all state labor laws;                                                                      
02                 (2)  act as mediator and appoint deputy commissioners of conciliation                                   
03       in labor disputes whenever it considers the interest of industrial peace requires it;                             
04                 (3)  make investigations and collect and compile statistical information                                
05       concerning the conditions of labor generally and on [UPON] all matters relating to the                        
06       enforcement of this chapter;                                                                                      
07                 (4)  institute court proceedings against an employer of labor without                                   
08       cost to the employee when it is satisfied that the employer has failed to pay an                                  
09       employee an amount due by contract;                                                                               
10 (5)  issue cease and desist orders and other orders and regulations                                                     
11       necessary for the enforcement of state labor laws;                                                                
12 (6)  in accordance with AS 37.07 (the Executive Budget Act), receive                                                    
13 and spend money derived from agreements with local governments, nongovernmental                                         
14       organizations, or other persons;                                                                              
15 (7)  consult and collaborate with the executive director of the State                                               
16 Commission for Human Rights to prepare the annual report required under                                             
17       AS 23.05.062.                                                                                                 
18    * Sec. 4. AS 23.05 is amended by adding a new section to read:                                                     
19 Sec. 23.05.062. Report on fair pay practices. Not later than January 15 of                                            
20 each year, the commissioner or the commissioner's designee shall prepare a report                                       
21 regarding pay practices in the state by election district and make it available to the                                  
22 public, file it with the executive director of the State Commission for Human Rights,                                   
23 the senate secretary, and the chief clerk of the house of representatives, and notify the                               
24       legislature that the report is available. The report must include                                                 
25 (1)  information about compensation practices in the state and to what                                                  
26       extent employees in one or more election districts of the state are paid                                          
27 (A)  equal pay for work of comparable character, regardless of                                                          
28 race, religion, color, national origin, age, physical or mental disability, sex,                                        
29            marital status, change in marital status, pregnancy, or parenthood;                                          
30 (B)  wages that, based on a full-time weekly work schedule and                                                          
31 a 12-month work year in that district, are sufficient to pay the reasonable living                                      
01            expenses of a family of four individuals, including two children, who live in                                
02            that district;                                                                                               
03                 (2)  recommended action by the legislature.                                                             
04    * Sec. 5. AS 23.10.065(a) is amended to read:                                                                      
05 (a)  Except as otherwise provided for in law, an employer shall pay to each                                             
06 employee a minimum wage, as established herein, for hours worked in a pay period,                                       
07 whether the work is measured by time, piece, commission or otherwise. An employer                                       
08 may not apply tips or gratuities bestowed on [UPON] employees as a credit toward                                    
09 payment of the minimum hourly wage required by this section. Tip credit as defined                                      
10 by the Fair Labor Standards Act of 1938, as amended, does not apply to the minimum                              
11 wage established by this section. Beginning February 24, 2015, the minimum wage                                         
12 shall be $8.75 an [PER] hour effective January 1, 2015, $9.75 an [PER] hour effective                           
13 January 1, 2016, $15.00 an hour effective January 1, 2020, and thereafter adjusted                                  
14 annually for inflation. The adjustment shall be calculated each September 30, for the                                   
15 proceeding January-December calendar year, by the Alaska Department of Labor and                                        
16 Workforce Development, using 100 percent of the rate of inflation based on the                                          
17 Consumer Price Index for all urban consumers for the Anchorage metropolitan area,                                       
18 compiled by the Bureau of Labor Statistics, United States Department of Labor; the                                      
19 department shall round the adjusted minimum hourly wage up to the nearest one cent;                                     
20 the adjusted minimum hourly wage shall apply to work performed beginning on                                             
21       January 1 through December 31 of the year for which it is effective.                                              
22    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24 APPLICABILITY. The increase in the minimum wage to $15.00 an hour effective                                             
25 January 1, 2020, in AS 23.10.065(a), as amended by sec. 5 of this Act, applies to contracts                             
26 made on or after July 1, 2019.                                                                                          
27    * Sec. 7. This Act takes effect July 1, 2019.