00HOUSE BILL NO. 389                                                                                                    
01 "An Act relating to an exemption from the requirement for payment for overtime                                          
02 under a voluntary written agreement for certain employees in the airline industry;                                      
03 and providing for an effective date."                                                                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 23.10.060(d) is amended by adding a new paragraph to read:                                        
06   (17)  work performed by an employee under a voluntary written                                                        
07 agreement addressing the trading of work hours, work days, and work shifts among                                        
08 employees if                                                                                                            
09   (A)  the employee is employed in the airline industry, including                                                    
10 employment as a customer service representative;                                                                        
11   (B)  the trading agreement is not a flexible work hour plan                                                         
12 entered into under (13) or (14) of this subsection;                                                                     
13   (C)  the trading agreement is filed with the employee's employer;                                                   
14 and                                                                                                                     

01   (D)  the trading agreement states that                                                                              
02   (i)  the hours worked as a result of a trade under the                                                             
03 agreement may not be considered in determining whether the employee                                                     
04 performing the work is entitled to overtime pay, except as described in                                                 
05 (ii) of this subparagraph, whether or not the hours traded between the                                                  
06 employees are equal in number or other value;                                                                           
07   (ii)  if, when considering only the hours traded, an                                                               
08 employee working those hours and no other hours would be entitled to                                                    
09 overtime pay for a portion of the time worked, the employee working                                                     
10 the hours is eligible for overtime pay based on the hours traded.                                                       
11    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).