Legislature(2023 - 2024)ANCH LIO DENALI Rm
12/05/2023 02:00 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB119 | |
| HB186 | |
| HB115 | |
| HB100 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 115 | TELECONFERENCED | |
| += | HB 100 | TELECONFERENCED | |
| *+ | HB 186 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 119 | TELECONFERENCED | |
HB 186-VOLUNTEER LABOR COMPLIANCE OFFICER PRGM
2:14:31 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 186, "An Act relating to volunteer labor
compliance officers; and providing for an effective date."
2:15:06 PM
BIENVENIDO "BEN" METCALF, Staff, Representative Jesse Sumner,
Alaska State Legislature, on behalf of the sponsor, the House
Labor and Commerce Standing Committee, presented HB 186 and
paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
In Alaska, the construction industry plays a vital
role in our state's economy, employing hardworking
individuals who contribute to the growth and
development of our communities. While many employers
treat their workers fairly, some engage in unfair
practices that harm workers. Wage theft remains a
persistent issue, impacting countless workers who
rightfully deserve fair compensation for their
efforts. To address this problem, House Bill 186
proposes the creation of a Volunteer Labor Compliance
Officer Program, aimed at promoting compliance with
Alaska's labor laws, educating workers about their
rights, and harnessing the power of community
volunteers to ensure a fair and competitive
construction industry.
The creation of a statewide Volunteer Labor Compliance
Officer Program will serve multiple purposes:
1. Provide Technical Assistance and Support:
Contractors and subcontractors will receive
technical guidance to ensure proper worker
classification and adherence to Alaska's labor
laws.
2. Empower Workers: More workers will be educated
about their wage-related rights, ensuring
awareness of their entitlements.
3. Leverage Community Volunteers: Authorized
community volunteers will be trained to interview
workers at worksites concerning wages, benefits,
and hours, reducing the burden on government
resources, and fostering labor law compliance.
4. Reduce the Budget: Alleviate state budget
pressures while enhancing labor law enforcement
in Alaska's construction industry.
Creating a new program like the Volunteer Labor
Compliance Program raises the ceiling by lifting the
floor, ensuring that workers are protected on the job
while simultaneously promoting economic development
and growth within our state. By ensuring compliance
with labor standards, we can prevent unfair
competition resulting from unscrupulous employers who
exploit workers and undermine responsible businesses.
This will create an environment that encourages fair
and ethical practices, fostering healthy competition
and attracting businesses that prioritize the well-
being of their workforce.
In conclusion, we urge you to support and champion the
passage of House Bill 186 to create a Volunteer Labor
Compliance Officer Program in Alaska. By doing so, you
will demonstrate your commitment to the rights and
well-being of workers, the promotion of fair business
practices, and the overall prosperity of our state.
2:18:42 PM
MR. METCALF paraphrased the sectional analysis of HB 186
[included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: Adds new Article to AS 23.05 directing the
Department of Labor and Workforce Development to
create a Volunteer Labor Compliance Officer Program
for said volunteers to inspect construction sites in
order to document compliance with state labor laws.
The Department of Labor and Workplace Development
through the Volunteer Labor Compliance Officer Program
will ensure the state has a roster of qualified
individuals to inspect constructions sites by
providing the proper training, safety equipment,
granting them the authority to enter a worksite and
inspect records outlined in AS 23.05.100. The
Department will also outline regulations for
volunteers such as ID badges, required safety
equipment, as well as specifying the insurance
coverage needed by volunteers.
Article 6 adds new statues to AS 23.05 outlining
powers and duties of the volunteer labor compliance
officer. These powers and duties include the ability
to access and inspect a construction site on behalf of
the department and initiate labor compliance
investigation, require volunteers to visibly display
the Dept. issued ID card and wear the required safety
equipment on site, email a report of the Department
visit within 48 hours, document that the officer is
covered by workers compensation, and maintain required
confidentiality. A volunteer labor compliance is not
allowed to be a state employee, issue citations or
enforce state labor laws. While conducting the
investigation the volunteer is not allowed to wear
attire of any other organization other than the
department, disparage the employer, organize, or
promote or display insignia for any other entity or
organization, or preform any type of work outside the
scope of the volunteer labor compliance officer while
acting the capacity of a volunteer labor compliance
officer. Article 6 also adds statues to AS 23.05
outlining to the department the requirements a
potential candidate must fill to be a volunteer labor
compliance officer, and the ability to permanently
revoke volunteer's badge in certain instances.
Section 2: Provides an immediate effective date.
2:21:13 PM
MR. METCALF, in response to Representative Prax, explained that
"wage theft" concerns workers being misclassified in order to
manipulate wages.
REPRESENTATIVE PRAX questioned to which group of employers this
would apply, for example, government contracts or employers with
a collective bargaining unit.
MR. METCALF responded that it would apply to worksites with
government contracts, worksites with collective bargaining
agreements, and worksites without collective bargaining
agreements. In response to two follow-up questions concerning
how wage theft would be determined and the scope of the problem,
he stated that he would follow up with these answers to the
committee.
2:24:51 PM
CHAIR SUMNER announced that HB 186 was held over.