HB 127: "An Act relating to the overtime pay exemption for certain newspaper employees."
00 HOUSE BILL NO. 127 01 "An Act relating to the overtime pay exemption for certain newspaper employees." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.10.060(d) is amended to read: 04 (d) This section does not apply to 05 (1) an employee employed by an employer employing fewer than four 06 employees in the regular course of business, as "regular course of business" is defined 07 by regulations of the commissioner; 08 (2) an employee employed in handling, packing, storing, pasteurizing, 09 drying, preparing in their raw or natural state, or canning agricultural or horticultural 10 commodities for market, or in making cheese or butter or other dairy products; 11 (3) an employee of an employer engaged in small mining operations 12 where not more than 12 employees are employed if the employee is employed not in 13 excess of 12 hours a day or 56 hours a week during a period or periods of not more 14 than 14 workweeks in the aggregate in a calendar year during the mining season, as 15 the season is defined by the commissioner;
01 (4) an employee engaged in agriculture; 02 (5) an employee employed in connection with the publication of a 03 weekly, semiweekly, or daily newspaper with a circulation of less than 4,000 [1,000]; 04 (6) a switchboard operator employed in a public telephone exchange 05 that has fewer than 750 stations; 06 (7) an employee in an otherwise exempted employment or proprietor 07 in a retail or service establishment engaged in handling telephone or radio messages 08 for the public under an agency or contract arrangement with a communications 09 company where the communications revenue of the agency does not exceed $500 a 10 month; 11 (8) an employee employed as a seaman; 12 (9) an employee employed in planting or tending trees, cruising, or 13 surveying, or bucking, or felling timber, or in preparing or transporting logs or other 14 forestry products to the mill, processing plant, railroad, or other transportation 15 terminal if the number of employees employed by the employer in the forestry or 16 lumbering operations does not exceed 12; 17 (10) an individual employed as an outside buyer of poultry, eggs, 18 cream, or milk in their raw or natural state; 19 (11) casual employees as may be liberally defined by regulations of the 20 commissioner; 21 (12) an employee of a hospital whose employment includes the 22 provision of medical services; 23 (13) work performed by an employee under a flexible work hour plan 24 if the plan is included as part of a collective bargaining agreement; 25 (14) work performed by an employee under a voluntary flexible work 26 hour plan if 27 (A) the employee and the employer have signed a written 28 agreement and the written agreement has been filed with the department; and 29 (B) the department has issued a certificate approving the plan 30 that states the work is for 40 hours a week and not more than 10 hours a day; 31 for work over 40 hours a week or 10 hours a day under a flexible work hour
01 plan not included as part of a collective bargaining agreement, compensation at 02 the rate of one and one-half times the regular rate of pay shall be paid for the 03 overtime; 04 (15) an individual employed as a line haul truck driver for a trip that 05 exceeds 100 road miles one way if the compensation system under which the truck 06 driver is paid includes overtime pay for work in excess of 40 hours a week or for more 07 than eight hours a day and the compensation system requires a rate of pay comparable 08 to the rate of pay required by this section; 09 (16) an individual employed as a community health aide by a local or 10 regional health organization as those terms are defined in AS 18.28.100; 11 (17) work performed by a mechanic primarily engaged in the servicing 12 of automobiles, light trucks, and motor homes if the mechanic 13 (A) is employed as a flat-rate mechanic by a nonmanufacturing 14 establishment primarily engaged in the business of selling or servicing motor 15 vehicles; 16 (B) has signed a written agreement with the employer that 17 specifies the mechanic's flat hourly rate of pay and the automotive manual or 18 manuals on which the flat rate is to be based; 19 (C) is compensated for all hours worked in any capacity for 20 that employer up to and including eight hours a day and 40 hours a week at an 21 hourly rate that is not less than the greater of 22 (i) 75 percent of the flat hourly rate of pay agreed on by 23 the employer and employee under (B) of this paragraph; or 24 (ii) twice the state minimum wage; and 25 (D) is compensated for all hours worked in any capacity for 26 that employer in excess of eight hours a day or 40 hours a week at one and 27 one-half times the rate described in (C) of this paragraph; 28 (18) work performed by an employee under a voluntary written 29 agreement addressing the trading of work shifts among employees if 30 (A) the employee is employed by an air carrier subject to 45 31 U.S.C. 181 - 188 (subchapter II of the Railway Labor Act), including
01 employment as a customer service representative; 02 (B) the trading agreement is not a flexible work hour plan 03 entered into under (13) or (14) of this subsection; 04 (C) the trading agreement is filed with the employee's 05 employer; and 06 (D) the trading agreement states that the employee is not 07 entitled to receive overtime for any hours worked by the employee when the 08 employee voluntarily works those hours under a shift trading practice under 09 which the employee has the opportunity, in the same or other work weeks, to 10 reduce hours worked by voluntarily offering a shift for trade or reassignment; 11 (19) work performed by a flight crew member employed by an air 12 carrier subject to 45 U.S.C. 181 - 188 (subchapter II of the Railway Labor Act); in this 13 paragraph, "flight crew" means the pilot, co-pilot, flight engineer, and flight 14 attendants.