Legislature(2019 - 2020)GRUENBERG 120
03/05/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| Commissioner, Department of Military & Veterans' Affairs, | |
| Commissioner, Department of Administration | |
| HJR9 | |
| HB57 | |
| HB15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HJR 9 | TELECONFERENCED | |
| *+ | HB 15 | TELECONFERENCED | |
| *+ | HB 57 | TELECONFERENCED | |
HB 57-CHILD LABOR HOURS
5:01:21 PM
CO-CHAIR FIELDS announced that the next order of business would
be HOUSE BILL NO. 57, "An Act relating to expanding the period
in a day during which an employed child under 16 years of age
may perform work in the summer; and providing for an effective
date."
5:01:44 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, as prime
sponsor of HB 57, relayed that the proposed legislation was
drafted in response to the [Fairbanks Youth Soccer Association],
which was concerned that 14- and 15-year-olds had to stop
refereeing at 9 p.m. in the summer in Fairbanks. She maintained
that in drafting HB 57, she learned that the current hours
allowed for youth to work - 5 a.m. to 7 p.m. during the school
year and 5 a.m. to 9 p.m. during the summer - do not comply with
federal law, which calls for a 7 a.m. beginning time for both;
therefore, a waiver is necessary. She offered that in Alaska,
"nobody even knew of such a waiver"; however, the Department of
Labor & Workforce Development (DOLWD) is now pursuing one. She
offered that should HB 57 pass, Alaska would be required to have
a waiver to ensure compliance with federal law.
5:03:30 PM
GREY MITCHELL, Director, Division of Workers' Compensation
(DWC), Department of Labor & Workforce Development (DOLWD),
testified that the state's child labor law differs from federal
law in several areas. One area of disagreement is found in AS
23.10.340, which HB 57 would amend. He stated that AS 23.10.340
was last amended in 1981 when the hours, which were 6 a.m. to 7
p.m., were changed to 5 a.m. to 9 a.m. He offered that DWC is
pursuing several matters: a clear understanding of the
legislative intent associated with that change; the reaction of
the U.S. Department of Labor (USDOL) to the change; and the
existence of a waiver process that Alaska could pursue. He said
that initially his office was told there is no waiver process;
the provisions for child labor are set at the federal level. He
added that his contacts in the Wage and Hour Division (WHD),
USDOL, suggested that these requirements have not been changed
for many years and when they were created, Alaska with its
nighttime daylight hours was most likely not considered. He
maintained that the exclusion that exists under federal law is
primarily related to work training programs; therefore, the
waiver being discussed would likely not fit into that category.
Alaska would be looking more at an opportunity for a "common
sense" waiver based on Alaska's circumstances and the situation
regarding young people officiating soccer, which does not
constitute a significant hazard.
MR. MITCHELL relayed that one the issues still needing
resolution is whether there might be an exclusion from coverage
based on the tests of applicability that exist in the Fair Labor
Standards Act (FLSA). He said that there are two tests that
apply. To meet the enterprise test for coverage, the
organization would have to have at least $500,000 in annual
revenue, at least two employees, and engage in interstate
commerce. The second test is an individual test. He said DWC
has not checked with the youth soccer organization to see if it
meets the enterprise test; however, he suspects it does not.
REPRESENTATIVE WILSON emphasized that the proposed legislation
would not be solely for soccer, but would be for 14- and 15-
year-olds throughout the state to be able to engage in such
activities until 10 p.m.
5:08:22 PM
REPRESENTATIVE WOOL offered that he has additional questions on
child labor laws.
REPRESENTATIVE WILSON stated that the requirements for 14- and
15-year-olds are very clear in federal law; however, for other
ages the rules change tremendously.
[HB 57 was held over.]