Legislature(2005 - 2006)CAPITOL 120
04/11/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB14 | |
| HB12 | |
| SB105 | |
| HJR9 | |
| HB150 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 246 | TELECONFERENCED | |
| = | HB 14 | ||
| * | HB 257 | ||
| + | HJR 9 | TELECONFERENCED | |
| += | HB 150 | TELECONFERENCED | |
| HB 53 | |||
| += | HB 12 | TELECONFERENCED | |
| += | SB 105 | TELECONFERENCED | |
| += | HB 96 | TELECONFERENCED | |
SB 105 - OVERTIME WAGES FOR FLIGHT CREW 1:51:48 PM CHAIR McGUIRE announced that the next of business would be CS FOR SENATE BILL NO. 105(L&C), "An Act relating to the retrospective application and applicability of the overtime compensation exemption for flight crew members; and providing for an effective date." The committee took an at-ease from 1:52 p.m. to 1:55 p.m. 1:55:01 PM BRIAN HOVE, Staff to Senator Ralph Seekins, Alaska State Legislature, sponsor, stated on behalf of Senator Seekins that he was available to answer questions regarding SB 105. 1:55:37 PM REPRESENTATIVE GARA referred to testimony during the bill's last hearing regarding memoranda from the 1980s, and questioned whether they made it clear that Hageland Aviation Services, Inc. ("Hageland Aviation Services"), was not required to pay overtime. GREY MITCHELL, Director, Central Office, Division of Labor Standards & Safety, Department of Labor & Workforce Development (DLWD), replied that the 1980 and 1984 memos were attorney general's opinions, which were used as the basis of the DLWD interpretation. He noted that the 1986 memo is an opinion letter that was written to the Alaska Air Carriers Association (AACA) from the deputy director of the Division of Labor Standards and Safety. Mr. Mitchell continued: "This opinion letter is written in such a way that it appears to be making a policy type of decision that conflicts with the attorney general's [opinions]. I think that kind of sums up the conflict between these opinions." REPRESENTATIVE GARA asked whether the 1986 memo proclaims that if there is substantial hauling of mail, then the overtime provisions do not apply. MR. MITCHELL said that was correct. REPRESENTATIVE GARA asked if Hageland Aviation Services engaged in substantial mail hauling. MR. MITCHELL said he understood that Hageland Aviation Services did haul mail, but did not know to what degree. 1:58:51 PM REPRESENTATIVE GARA asked how the aforementioned 1986 memo seemingly conflicted with the Department of Law memos. MR. MITCHELL said: "The 1986 memo essentially takes the position of establishing the federal guideline for overtime eligibility of employees of air carriers. That's a pretty big step for an opinion letter, without any regulation or attorney general's opinion to fall back on." REPRESENTATIVE KOTT moved to report CSSB 105(L&C) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 105(L&C) was reported from the House Judiciary Standing Committee.
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