00                            HOUSE BILL NO. 116                                                                          
01 "An Act exempting supervisory employees of small businesses from the overtime wage                                      
02 requirement."                                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.10.060(d) is amended by adding a new paragraph to read:                                        
05                 (19)  work performed by a supervisory employee of a small business;                                     
06       for purposes of this paragraph,                                                                                   
07                      (A)  "small business" means an employer employing 50 or                                            
08            fewer employees in the regular course of business, as "regular course of                                     
09            business" is defined by regulations of the commissioner;                                                     
10                      (B)  "supervisory employee" means an employee                                                      
11                           (i)  whose primary duties are regularly assigning and                                         
12                 directing the activities of other employees;                                                            
13                           (ii)  who is responsible for results of the work                                              
14                 performed;                                                                                              

01                           (iii)  who does not, except for periods of time not to                                        
02                 exceed 40 percent of the hours worked in the workweek, perform duties                                   
03                 regularly performed by the employees supervised; and                                                    
04                           (iv)  who earns at least two-and-one-half times the state                                     
05                 minimum wage an hour for the first 40 hours of employment each                                          
06                 week.