SB 203: "An Act relating to overtime pay eligibility for medical care providers employed by common air carriers or by carriers that transport mail by air for the federal government and to overtime pay eligibility for flight crews and medical care providers employed by air ambulance service providers."
00 SENATE BILL NO. 203 01 "An Act relating to overtime pay eligibility for medical care providers employed by 02 common air carriers or by carriers that transport mail by air for the federal 03 government and to overtime pay eligibility for flight crews and medical care providers 04 employed by air ambulance service providers." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 23.10.060(d) is amended to read: 07 (d) This section does not apply with respect to 08 (1) an employee employed by an employer employing less than four 09 employees in the regular course of business, as "regular course of business" is defined 10 by regulations of the commissioner; 11 (2) an employee employed in handling, packing, storing, pasteurizing, 12 drying, preparing in their raw or natural state, or canning agricultural or horticultural 13 commodities for market, or in making cheese or butter or other dairy products; 14 (3) an employee of an employer engaged in small mining operations
01 where not more than 12 employees are employed if the employee is employed not in 02 excess of 12 hours a day or 56 hours a week during a period or periods of not more 03 than 14 workweeks in the aggregate in a calendar year during the mining season, as 04 the season is defined by the commissioner; 05 (4) an employee engaged in agriculture; 06 (5) an employee employed in connection with the publication of a 07 weekly, semiweekly, or daily newspaper with a circulation of less than 1,000; 08 (6) a switchboard operator employed in a public telephone exchange 09 that has fewer than 750 stations; 10 (7) an employee in an otherwise exempted employment or proprietor 11 in a retail or service establishment engaged in handling telegraphic, telephone, or radio 12 messages for the public under an agency or contract arrangement with a telegraph or 13 communications company where the telegraph message or communications revenue of 14 the agency does not exceed $500 a month; 15 (8) an employee employed as a seaman; 16 (9) an employee employed in planting or tending trees, cruising, or 17 surveying, or bucking, or felling timber, or in preparing or transporting logs or other 18 forestry products to the mill, processing plant, railroad, or other transportation 19 terminal if the number of employees employed by the employer in the forestry or 20 lumbering operations does not exceed 12; 21 (10) an individual employed as an outside buyer of poultry, eggs, 22 cream, or milk in their raw or natural state; 23 (11) casual employees as may be liberally defined by regulations of the 24 commissioner; 25 (12) an employee of a hospital whose employment includes the 26 provision of medical services; 27 (13) work performed by an employee under a flexible work hour plan 28 if the plan is included as part of a collective bargaining agreement; 29 (14) work performed by an employee under a voluntary flexible work 30 hour plan if 31 (A) the employee and the employer have signed a written
01 agreement and the written agreement has been filed with the department; and 02 (B) the department has issued a certificate approving the plan 03 that states the work is for 40 hours a week and not more than 10 hours a day; 04 for work over 40 hours a week or 10 hours a day under a flexible work hour 05 plan not included as part of a collective bargaining agreement, compensation at 06 the rate of one and one-half times the regular rate of pay shall be paid for the 07 overtime; 08 (15) an individual employed as a line haul truck driver for a trip that 09 exceeds 100 road miles one way if the compensation system under which the truck 10 driver is paid includes overtime pay for work in excess of 40 hours a week or for more 11 than eight hours a day and the compensation system requires a rate of pay comparable 12 to the rate of pay required by this section; 13 (16) an individual employed as a community health aide by a local or 14 regional health organization as those terms are defined in AS 18.28.100; 15 (17) work performed by a mechanic primarily engaged in the servicing 16 of automobiles, light trucks, and motor homes if the mechanic 17 (A) is employed as a flat-rate mechanic by a nonmanufacturing 18 establishment primarily engaged in the business of selling or servicing motor 19 vehicles; 20 (B) has signed a written agreement with the employer that 21 specifies the mechanic's flat hourly rate of pay and the automotive manual or 22 manuals on which the flat rate is to be based; 23 (C) is compensated for all hours worked in any capacity for 24 that employer up to and including eight hours a day and 40 hours a week at an 25 hourly rate that is not less than the greater of 26 (i) 75 percent of the flat hourly rate of pay agreed on 27 [UPON] by the employer and employee under (B) of this paragraph; or 28 (ii) twice the state minimum wage; and 29 (D) is compensated for all hours worked in any capacity for 30 that employer in excess of eight hours a day or 40 hours a week at one and 31 one-half times the rate described in (C) of this paragraph;
01 (18) work performed by an employee under a voluntary written 02 agreement addressing the trading of work shifts among employees if 03 (A) the employee is employed by an air carrier subject to 04 subchapter II of the Railway Labor Act (45 U.S.C. 181-188), including 05 employment as a customer service representative; 06 (B) the trading agreement is not a flexible work hour plan 07 entered into under (13) or (14) of this subsection; 08 (C) the trading agreement is filed with the employee's 09 employer; and 10 (D) the trading agreement states that the employee is not 11 entitled to receive overtime for any hours worked by the employee when the 12 employee voluntarily works those hours under a shift trading practice under 13 which the employee has the opportunity, in the same or other work weeks, to 14 reduce hours worked by voluntarily offering a shift for trade or reassignment; 15 (19) work performed by a flight crew member employed by an air 16 carrier subject to 45 U.S.C. 181 - 188 (subchapter II of the Railway Labor Act), or an 17 air ambulance flight crew member employed by an air ambulance service 18 provider; in this paragraph, 19 (A) "air ambulance" has the meaning given in 20 AS 21.61.110; 21 (B) "air ambulance service provider" has the meaning 22 given in AS 21.61.110; 23 (C) "flight crew" means the pilot, co-pilot, flight engineer, 24 medical care providers, and flight attendants. 25 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. AS 23.10.060(d), as amended by sec. 1 of this Act, applies to 28 contracts entered into on or after the effective date of this Act.