HB 88: "An Act relating to an annual report concerning the payment of equal pay for comparable work; increasing the minimum wage; and providing for an effective date."
00 HOUSE BILL NO. 88 01 "An Act relating to an annual report concerning the payment of equal pay for 02 comparable work; increasing the minimum wage; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be known as the Equal Pay and Living Wage Act. 07 * Sec. 2. AS 18.80 is amended by adding a new section to read: 08 Sec. 18.80.062. Powers and duties of executive director. In addition to the 09 powers and duties delegated by the commission under AS 18.80.060, the executive 10 director shall, upon request, consult and collaborate with the commissioner of 11 administration or the commissioner's designee to prepare the annual report required 12 under AS 23.05.062. 13 * Sec. 3. AS 23.05.060 is amended to read: 14 Sec. 23.05.060. Powers of the department. The department may
01 (1) enforce all state labor laws; 02 (2) act as mediator and appoint deputy commissioners of conciliation 03 in labor disputes whenever it considers the interest of industrial peace requires it; 04 (3) make investigations and collect and compile statistical information 05 concerning the conditions of labor generally and on [UPON] all matters relating to the 06 enforcement of this chapter; 07 (4) institute court proceedings against an employer of labor without 08 cost to the employee when it is satisfied that the employer has failed to pay an 09 employee an amount due by contract; 10 (5) issue cease and desist orders and other orders and regulations 11 necessary for the enforcement of state labor laws; 12 (6) in accordance with AS 37.07 (the Executive Budget Act), receive 13 and spend money derived from agreements with local governments, nongovernmental 14 organizations, or other persons; 15 (7) consult and collaborate with the executive director of the State 16 Commission for Human Rights to prepare the annual report required under 17 AS 23.05.062. 18 * Sec. 4. AS 23.05 is amended by adding a new section to read: 19 Sec. 23.05.062. Report on fair pay practices. Not later than January 15 of 20 each year, the commissioner or the commissioner's designee shall prepare a report 21 regarding pay practices in the state by election district and make it available to the 22 public, file it with the executive director of the State Commission for Human Rights, 23 the senate secretary, and the chief clerk of the house of representatives, and notify the 24 legislature that the report is available. The report must include 25 (1) information about compensation practices in the state and to what 26 extent employees in one or more election districts of the state are paid 27 (A) equal pay for work of comparable character, regardless of 28 race, religion, color, national origin, age, physical or mental disability, sex, 29 marital status, change in marital status, pregnancy, or parenthood; 30 (B) wages that, based on a full-time weekly work schedule and 31 a 12-month work year in that district, are sufficient to pay the reasonable living
01 expenses of a family of four individuals, including two children, who live in 02 that district; 03 (2) recommended action by the legislature. 04 * Sec. 5. AS 23.10.065(a) is amended to read: 05 (a) Except as otherwise provided for in law, an employer shall pay to each 06 employee a minimum wage, as established herein, for hours worked in a pay period, 07 whether the work is measured by time, piece, commission, or otherwise. An employer 08 may not apply tips or gratuities bestowed on [UPON] employees as a credit toward 09 payment of the minimum hourly wage required by this section. Tip credit as defined 10 by the Fair Labor Standards Act of 1938, as amended, does not apply to the minimum 11 wage established by this section. Beginning February 24, 2015, the minimum wage 12 shall be $8.75 an [PER] hour effective January 1, 2015, $9.75 an [PER] hour effective 13 January 1, 2016, $15.00 an hour effective January 1, 2022, and thereafter adjusted 14 annually for inflation. The adjustment shall be calculated each September 30, for the 15 proceeding January-December calendar year, by the Alaska Department of Labor and 16 Workforce Development, using 100 percent of the rate of inflation based on the 17 Consumer Price Index for all urban consumers for the Anchorage metropolitan area, 18 compiled by the Bureau of Labor Statistics, United States Department of Labor; the 19 department shall round the adjusted minimum hourly wage up to the nearest one cent; 20 the adjusted minimum hourly wage shall apply to work performed beginning on 21 January 1 through December 31 of the year for which it is effective. 22 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. The increase in the minimum wage to $15.00 an hour effective 25 January 1, 2022, in AS 23.10.065(a), as amended by sec. 5 of this Act, applies to contracts 26 made on or after July 1, 2021. 27 * Sec. 7. This Act takes effect July 1, 2021.