00 SENATE BILL NO. 340                                                                                                     
01 "An Act relating to liquidated damages and attorney fees for minimum wage and                                           
02 overtime compensation claims."                                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.10.110(a) is amended to read:                                                                    
05  (a)  An employer who violates a provision of AS 23.10.060 or 23.10.065 is                                             
06 liable to an employee affected in the amount of unpaid minimum wages, or unpaid                                         
07 overtime compensation, as the case may be, and, except as provided in (d) - (f) of                                     
08 this section, in an additional equal amount as liquidated damages.                                                     
09    * Sec. 2.  AS 23.10.110(c) is amended to read:                                                                       
10  (c)  The court in an action brought under this section shall, in addition to a                                        
11 judgment awarded to the prevailing party [PLAINTIFF], allow costs of the action and                                   
12 reasonable attorney fees to be determined according to court rule.  When the                                           
13 commissioner is the prevailing party in an action brought under this section, the                                       
14 commissioner shall remit the attorney fees [PAID BY THE DEFENDANT.  THE                                                
01 ATTORNEY FEES IN THE CASE OF ACTIONS BROUGHT UNDER THIS                                                                 
02 SECTION BY THE COMMISSIONER SHALL BE REMITTED BY THE                                                                    
03 COMMISSIONER] to the Department of Revenue.  The commissioner may not be                                                
04 required to pay the filing fee or other costs.  The commissioner in case of suit has                                    
05 power to join various claimants against the same employer in one cause of action.                                       
06    * Sec. 3.  AS 23.10.110 is amended by adding new subsections to read:                                                
07  (d)  In an action under (a) of this section to recover unpaid minimum wages,                                          
08 unpaid overtime compensation, or liquidated damages, if the employer shows to the                                       
09 satisfaction of the court that the act or omission giving rise to the action was made in                                
10 good faith and that the employer had reasonable grounds for believing that the act or                                   
11 omission was not in violation of AS 23.10.050 - 23.10.150, the court may decline to                                     
12 award liquidated damages or may award an amount of liquidated damages less than                                         
13 the amount set out in (a) of this section.  This subsection does not apply to an action                                 
14 brought under this section by the commissioner.                                                                         
15  (e)  The commissioner may supervise the payment of the unpaid minimum                                                 
16 wages or unpaid overtime compensation owing to an employee under AS 23.10.060                                           
17 or 23.10.065.  Payment in full in accordance with an agreement by an employee to                                        
18 settle a claim for unpaid minimum wages, unpaid overtime compensation, or liquidated                                    
19 damages constitutes a waiver of any right the employee may have under (a) of this                                       
20 section to unpaid minimum wages, unpaid overtime compensation, or liquidated                                            
21 damages.                                                                                                                
22  (f)  An employee is not entitled to liquidated damages under (a) of this section                                      
23 if, as part of a written settlement agreement with the employer, the employee expressly                                 
24 waives the employee's right to receive liquidated damages.                                                              
25    * Sec. 4.  APPLICATION OF ACT.  (a)  AS 23.10.110(e), added by sec. 3 of this Act,                                   
26 applies to agreements entered into on or after the effective date of this Act.                                          
27  (b)  AS 23.10.110(f), added by sec. 3 of this Act, applies to written agreements entered                               
28 into on or after the effective date of this Act.                                                                        
29  (c)  Except as provided in (a) and (b) of this section, to the extent constitutionally                                 
30 permitted, this Act applies to actions commenced before, on, or after the effective date of this                        
31 Act that have not resulted in the entry of a final judgment before the effective date of this Act.