00HOUSE BILL NO. 454                                                                                                    
01 "An Act relating to the exemption from the requirement for the payment of                                               
02 overtime wages for an individual employed in an executive, administrative, or                                           
03 professional capacity."                                                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 23.10.055(9) is amended to read:                                                                  
06   (9)  an individual employed in a bona fide executive, administrative, or                                             
07 professional capacity or in the capacity of an outside salesman or a salesman who is                                    
08 employed on a straight commission basis;  to the extent that federal law requires                                      
09 that an individual employed in an executive, administrative, or professional                                            
10 capacity be a salaried employee to be exempt under 29 U.S.C. 213(a)(1), the                                             
11 individual shall be considered to be a salaried employee and exempt under this                                          
12 section if the individual meets the requirements of (b) of this section;                                               
13    * Sec. 2.  AS 23.10.055 is amended by adding a new subsection to read:                                             
14  (b)  In determining whether an individual who is paid on a day rate is a                                              

01 salaried employee for purposes of (a)(9) of this section, the department shall consider                                 
02 the employee to be salaried if the employee is paid in accordance with this subsection.                                 
03 For any workweek in which the employee works                                                                            
04   (A)  a full weekly work shift, the employee's salary for the week                                                   
05 must be at least equal to the weekly minimum wage established by federal                                                
06 regulation and used for determining whether a salaried employee is exempted                                             
07 as an executive, administrative, or professional employee from the minimum                                              
08 wage and overtime wage requirements of the Fair Labor Standards Act (29                                                 
09 U.S.C. 201 - 219);                                                                                                      
10   (B)  less than a full weekly work shift, the employee must be                                                       
11 paid a salary that is at least equal to the salary determined using the appropriate                                     
12 proportion of the federal weekly minimum wage described in this subsection                                              
13 for the portion of the workweek actually worked by the employee.                                                        
14    * Sec. 3.  This Act applies to work performed on or after the effective date of this Act.