HB 182: "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a person acting in a supervisory capacity; providing definitions for persons employed in administrative, executive, and professional capacities, for persons working in the capacity of an outside salesman, and for persons working in the capacity of a salesman employed on a straight commission basis."
00 HOUSE BILL NO. 182 01 "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a 02 person acting in a supervisory capacity; providing definitions for persons employed in 03 administrative, executive, and professional capacities, for persons working in the 04 capacity of an outside salesman, and for persons working in the capacity of a salesman 05 employed on a straight commission basis." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 23.10.060(a) is amended to read: 08 (a) An employer who employs employees engaged in commerce or other 09 business, or in the production of goods or materials in the state, may not employ an 10 employee for a workweek longer than 40 hours or for more than eight hours a day. 11 [THIS SECTION DOES NOT APPLY TO THE EMPLOYMENT OF A PERSON 12 ACTING IN A SUPERVISORY CAPACITY.] 13 * Sec. 2. AS 23.10.085(b) is amended to read:
01 (b) The regulations may, without limiting the generality of (a) of this section, 02 define terms used in AS 23.10.050 - 23.10.150, and restrict or prohibit industrial 03 homework or other acts or practices that the director finds appropriate to carry out the 04 purpose of AS 23.10.050 - 23.10.150, or to prevent the circumvention or evasion of 05 AS 23.10.050 - 23.10.150. [IF THE REGULATIONS DEFINING AN INDIVIDUAL 06 EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR 07 PROFESSIONAL CAPACITY FOR PURPOSES OF AS 23.10.055 REQUIRE THAT 08 THE INDIVIDUAL RECEIVE A MINIMUM SALARY, THE REQUIRED 09 MINIMUM SALARY MUST BE TWO TIMES THE STATE MINIMUM WAGE 10 FOR THE FIRST 40 HOURS OF EMPLOYMENT EACH WEEK.] 11 * Sec. 3. AS 23.10.145 is amended by adding a new subsection to read: 12 (b) In AS 23.10.050 - 23.10.150, 13 (1) "individual employed in an administrative capacity" means an 14 employee 15 (A) who is compensated on a salary or fee basis at a rate of not 16 less than two times the state minimum wage for the first 40 hours of 17 employment each week, exclusive of board, lodging, or other facilities; 18 (B) whose primary duty is the performance of office or 19 nonmanual work directly related to the management or general business 20 operations of the employer or the employer's customers; and 21 (C) whose primary duty includes the exercise of discretion and 22 independent judgment with respect to matters of significance; 23 (2) "individual employed in an executive capacity" means an employee 24 (A) who is compensated on a salary or fee basis at a rate of not 25 less than two times the state minimum wage for the first 40 hours of 26 employment each week, exclusive of board, lodging, or other facilities; 27 (B) whose primary duty is management of the enterprise in 28 which the employee is employed or of a customarily recognized department or 29 subdivision of the enterprise; 30 (C) who customarily and regularly directs the work of two or 31 more other employees; and
01 (D) who has the authority to hire or fire other employees or 02 whose suggestions and recommendations as to the hiring, firing, advancement, 03 promotion, or any other change of status of other employees are given 04 particular weight; 05 (3) "individual employed in a professional capacity" means an 06 employee 07 (A) who is compensated on a salary or fee basis at a rate of not 08 less than two times the state minimum wage for the first 40 hours of 09 employment each week, exclusive of board, lodging, or other facilities; 10 (B) whose primary duty is the performance of work requiring 11 (i) knowledge of an advanced type in a field of science 12 or learning customarily acquired by a prolonged course of specialized 13 intellectual instruction; or 14 (ii) invention, imagination, originality, or talent in a 15 recognized field of artistic or creative endeavor; 16 (4) "outside salesman" means an employee who is 17 (A) customarily and regularly away from the employer's place 18 of business; and 19 (B) employed for the purpose of making sales, contracts for 20 sales, consignments, or shipment for sale, or for obtaining orders for service or 21 for use of facilities for which consideration will be paid by the client or 22 customer; 23 (5) "salesman employed on a straight commission basis" means a 24 person who is 25 (A) regularly employed on the business premises of the 26 employer; and 27 (B) compensated on a straight commission basis for the 28 purpose of making sales, contracts for sales, consignments, or shipments for 29 sale, or for obtaining orders for services or the use of facilities for which a 30 consideration will be paid by the client or customer.