Legislature(2025 - 2026)BELTZ 105 (TSBldg)
03/25/2025 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| SB120 | |
| SB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 64 | TELECONFERENCED | |
| += | SB 120 | TELECONFERENCED | |
| *+ | SB 68 | TELECONFERENCED | |
SB 68-EMPLOYMENT OF MINORS
3:41:30 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 68 "An Act relating to
employment; relating to voluntary flexible work hour plans;
relating to the employment of minors; and relating to hours
worked by minors employed in the state."
3:42:06 PM
CATHY MUNOZ, Commissioner, Department of Labor and Workforce
Development, Juneau, Alaska, presented SB 68 sponsored by the
Rules Committee by Request of the Governor. She stated the two
primary components of SB 68. The first component is the child
labor laws:
-Removes the work permit requirement for 16-year-olds. She said
the department processes more than 2500 work permits a year for
16-year-olds and takes a lot of staff time.
-Section 5 allows businesses to get one blanket approval for
employing 14- and 15-year-olds instead of filing individual
permits.
-Extends permit exemptions to include extended family-owned
businesses not just parent owned businesses.
-Section 4 increases allowable work hours for young people: up
to 10 hours a day combined with school and up to 40 hours a
week in the summer for 16-year-olds.
She said the second component is flexible work scheduling:
-Creates an option for employees and employers to agree to a
3/12 schedule (three 12-hour days per week, four days off).
-Exempts workers on this schedule from daily overtime rules
(though weekly overtime at 40 hours still applies).
-Requires mutual consent between the employer and the employee
and approval by the Department of Labor.
-Expands flexibility beyond hospitals to other industries.
3:47:31 PM
SENATOR YUNDT asked whether this policy change will affect
surgery centers that operate Monday through Friday with eight-
hour days.
3:47:53 PM
MS MUNOZ replied that the policy change is a voluntary option
and would have to be approved by the employer and the employee.
She stated that the surgical centers asked the Department of
Labor to allow the 3/12 work schedule so they can compete with
hospitals in attracting workers.
3:48:46 PM
SENATOR WIELECHOWSKI referenced [AS 23.10.060(d)(14)(A)] Section
1, lines 8-11, and asked if there is a limit to how many hours a
child can work in a week.
3:48:58 PM
MS. MUNOZ answered that the proposal sets a 40-hour weekly work
limit for 16-year-olds during summer employment.
3:49:31 PM
TANYA KIETH, Director, Division of Labor Standards and Safety,
Department of Labor and Workforce Development, Anchorage,
Alaska, delivered the presentation on SB 68 and stated that 14-
and 15-year-olds are only allowed to work 23 hours per week and
are not allowed to work overtime.
SENATOR WIELECHOWSKI asked if this proposal changes the hours
allowed to work.
3:50:20 PM
MS. KIETH responded that the proposal allows 14- or 15-year-olds
to work 40 hours a week, during summer or school breaks, not
while school is in session.
SENATOR WIELECHOWSKI asked if that's a maximum of 40 hours
allowed without overtime.
MS. KIETH replied yes, 14- and 15-year-olds are not allowed to
work daily or weekly overtime.
SENATOR WIELECHOWSKI asked how a work week is defined in this
legislation.
MS. KIETH answered that a work week is a 7-day period with the
employers setting the start and end date.
SENATOR WIELECHOWSKI gave an example. He asked whether there can
be any manipulation of the work week to get a minor to work more
than 40 hours.
MS. KIETH answered that the employers must set a fixed work week
and cannot change it to avoid paying overtime.
3:52:44 PM
SENATOR YUNDT asked for clarification on whether SB 68 allows
14-year-olds and above to work 40 hours a week when school is
not in session.
3:53:10 PM
MS. KIETH answered that 16-year-olds are already allowed to work
40 hours a week. She stated that SB 68 would allow 14- or 15-
year-olds to work 40 hours a week only when school is out of
session.
3:53:31 PM
CHAIR KAWASAKI asked what defines when school is in session and
not in session and how does it apply to homeschool situations.
3:53:51 PM
MS. KIETH answered that school hours for home school would be
the same 6 hours as public school.
3:54:27 PM
SENATOR WIELECHOWSKI asked whether there is a restriction on the
time of day a student can work and can students work graveyard
shift.
3:54:37 PM
MS. KIETH answered that students are not allowed to work before
7am or past 9pm.
3:55:49 PM
MS. KIETH moved to slide 2, Purpose, and stated that SB 68
updates child labor laws to make it easier for businesses to
hire minors, reduce paperwork, and expand job opportunities in
fields like retail, hospitality, and apprenticeships. The
legislation aims to support youth skill development and safe
work experiences; while also allowing more flexible work
schedules, such as shifts over 10 hours, to help address
staffing shortages and meet modern workforce needs.
3:57:17 PM
MS. KIETH moved to slide 3, Summary of Child Labor Changes, and
stated that SB 68 makes three main changes to child labor laws:
-Expanded exemptions: Removes permit requirements for 16 and 17-
year-olds and broadens family business exemptions to include
parent, sibling, aunt, or uncle-owned businesses.
-Simplified permitting: Replaces individual work permits with a
registration system, letting businesses get approval once to
hire minors.
-Adjusted work limits: Increases daily school-and-work hours
from 9 to 10, allows 1415-year-olds longer after-school
shifts, and raises their summer work limit from 23 to 40 hours
per week.
3:59:27 PM
CHAIR KAWASAKI asked whether a 14-year-old needs permission from
a parent before accepting a job from a business.
3:59:40 PM
MS. KIETH replied the 14-year-old does need a parent to sign a
work permit to begin working at a business.
3:59:50 PM
CHAIR KAWASAKI asked if this would include 16-year-olds.
3:59:56 PM
MS. KIETH responded that currently 16-year-olds are required to
have a signed work permit.
CHAIR KAWASAKI asked for confirmation that 16-year-olds would
not need a signed work permit upon the passage of SB 68.
MS. KIETH answered yes, but the law still requires the parent's
approval of the work. The legislation doesn't remove the parent
approval it just removes the requirement for the business to
submit the work permit to the Department of Labor and Workforce
Development for approval.
CHAIR KAWASAKI asked how this new legislation would be enforced
if a 16-year-old gets a job without parent approval, and would
it be the employers' job to tell the department they hired a 16-
year-old.
MS. KIETH replied if the above situation was brought to the
department, then the department would inform the employer they
need a work permit for the 16-year-old employee.
4:01:27 PM
SENATOR WIELECHOWSKI asked for the average number of violations
the department receives concerning labor laws on weekly work
hours.
4:01:45 PM
MS. KIETH replied that currently the department is not seeing
very many violations regarding labor law hours.
4:02:00 PM
SENATOR WIELECHOWSKI asked if the department has done any
research on the impact to kids; by increasing the number of
hours worked per week. According to the National Institute of
Health Studies, increasing the number of hours worked for
teenagers to 40 hours has a negative impact.
4:02:28 PM
MS. KIETH replied it is her belief that there hasn't been any
research completed.
SENATOR WIELECHOWSKI asked Ms. Kieth whether she thinks it is
important for Alaska to do its own research on the impact of a
40-hour work week on 14-year-olds.
MS. KIETH answered yes, she opined that it would be important to
the department.
4:03:25 PM
CHAIR KAWASAKI jumped ahead and referenced slide 5, "Wage and
Hour's primary duty is to ensure safety for youth workers.
Rigorous enforcement efforts are essential in ensuring a safe
and just environment for the youth.
4:04:02 PM
MS. KIETH moved to slide 4, Work Permits Process for Employers
and Youth Workers:
[Original punctuation provided.]
• Complete work permit for each youth worker, all job
duties and tools must be included
• Employer must obtain a parent or legal guardian
signature on the work permit
• A work permit must be submitted to the department for
approval
• Youth worker cannot begin working until the work
permit is approved
• A new work permit is required to be approved before a
current youth worker can be assigned:
-Any new job duty
-Any new tool assigned to the youth worker
4:05:27 PM
MS. KIETH moved to slide 5, Work Permit Processing by Wage and
Hour:
[Original punctuation provided.]
• From 2020 to 2024, Wage and Hour received a total
of 29,719 work permits across 3,345 employers,
averaging approximately 5,944 permits per year.
-63% of work permits are received May-August
-Peak season wait time to approve work permits,
four days to five weeks
-3 to 4.5 investigators working solely to process
work permits during this time
• Due to workload created by work permits, Wage and
Hour was only able to conduct a total of 402
inspections of child labor worksites, averaging
80 inspections each yearequating to 1.5
inspections per week.
Wage and Hour's primary duty is to ensure safety for
youth workers. Rigorous enforcement efforts are
essential in ensuring a safe and just environment for
the youth.
4:08:16 PM
SENATOR WIELECHOWSKI asked about the bottom of slide 5; what
aspects of safety the department is concerned with.
4:08:31 PM
MS. KIETH stated its her belief that detecting unsafe working
conditions requires on-site inspections, not paperwork, since
employers evading the law can still complete permits. She
emphasized the need to prioritize investigators being in the
field to ensure safety and compliance.
4:09:24 PM
SENATOR WIELECHOWSKI asked whether she feels the department is
unable to protect the safety of youth workers with the current
staffing levels.
4:09:38 PM
MS. KIETH responded that processing excessive paperwork prevents
the department from using its resources effectively to ensure
youth workers' safety.
4:10:10 PM
SENATOR WIELECHOWSKI restated his question.
4:10:24 PM
MS. KIETH replied it is her belief that resources should focus
on on-site inspections, but the heavy workload of processing
work permits prevents this from happening.
SENATOR WIELECHOWSKI asked if there is a law preventing the
department from shifting investigators from processing permits
to conducting field inspections to protect youth workers.
MS. KIETH replied no, the Wage and Hour unit has nine
investigators in Alaska, and they already handle many
responsibilities, including wage claims, public construction,
and child labor enforcement. She stated it is the department's
belief that this administrative task does nothing to protect
youth workers.
4:11:47 PM
CHAIR KAWASAKI asked of what type of errors the three to four
and a half investigators find when processing work permits. He
questioned whether the process involves identifying specific
mistakes or if it is simply a yes-or-no determination of
validity.
4:12:11 PM
MS. KIETH responded that the investigators find a lot of
paperwork errors. The employer's paperwork has to be filled out
correctly with a list all duties and tools they will be using or
doing.
4:12:35 PM
CHAIR KAWASAKI asked what kind of violations the inspectors find
during the inspections.
4:13:04 PM
MS. KIETH replied that the investigators have found minors that
don't have work permits and find that employers are not aware
that minors need breaks during their shift.
CHAIR KAWASAKI requested further analysis of work site
violations that the Wage and Hour unit conducts for child labor
and other labor violations that occur and what happens after the
violation is found. He stated the committee would like to know
what happens after a citation is issued, has the minor been paid
on time, has the Wage and Hour unit ever shut down businesses
because of work permit violations.
4:14:19 PM
SENATOR WIELECHOWSKI asked how long it takes to conduct a
workplace inspection.
4:14:36 PM
MS. KIETH responded that on average it can take 2-4 hours to
conduct an inspection, it depends how many minors are employed
at the work site.
4:14:50 PM
SENATOR WIELECHOWSKI calculated there are nine total
investigators and four and a half are dedicated solely to
processing permits, that leaves about four and a half
investigators available for field inspections. If each
inspection takes two to four hours; he asked why those four and
a half investigators are averaging only about one and a half
inspections per week, given they're working roughly 36 to 40
hours each week.
MS. KIETH answered that on top of child labor inspections the
investigators are also investigating wage claims, in addition to
public construction investigations and enforcement. She stated
there are currently over 5,000 projects the department is
overseeing.
SENATOR WIELECHOWSKI suggested the department needs more
investigators and asked if in the last 6 budgets, has the
department asked for more staffing.
MS. KIETH replied that in the previous legislation the
department has asked for more staff.
SENATOR WIELECHOWSKI asked if she needs legislation to get
additional investigators or can the executive branch override
and approve the department to hire more investigators.
MS. KIETH replied that the department has asked for permission
to hire more investigators whenever new legislation or new work
duties arise that increase the workload for the Wage and Hour
unit.
SENATOR WIELECHOWSKI requested a list of all departmental
requests made in the last six years for additional
investigators.
4:17:30 PM
SENATOR YUNDT asked if approving blanket work permits for each
establishment would allow investigators to conduct more
inspections, and whether investigators could use the blanket
approval in the field to verify a businesss compliance.
4:18:21 PM
MS. KIETH replied that under the new process, employers would
submit one application per business instead of multiple
individual permits. This would let the department track where
minors are working and better focus child labor investigations.
4:18:53 PM
SENATOR YUNDT stated that he hopes this new legislation, if
passed, will help get more inspections done during the week.
4:19:40 PM
MS. KIETH moved to slide 6, Youth Employment Registration
Process, and stated that the legislation would create a new
registration process for businesses employing 1415-year-olds.
Employers would apply for approval at each work location,
confirm compliance with state and federal child labor laws, and
attend mandatory training sessions for supervisors overseeing
minors. She said employers will provide parents of minors
detailed job descriptions, be informed of work restrictions, and
give written consent, which employers must keep on file for
inspections. This system ensures the department knows where
minors are working, strengthens compliance, and frees up staff
time for more on-site inspections.
4:22:33 PM
MS. KIETH moved to slide 7, Benefits of Improvement to Child
Labor, and stated that the legislation would reduce bureaucratic
barriers for businesses, making it easier to hire youth workers.
Employers vetted by the department could bring minors on
quickly, giving young people earlier access to valuable job
experience and skill development. She said youth would be able
to move between jobs without needing new permits, while the
department could shift its focus from paperwork to on-site
inspections, compliance monitoring, and education. The changes
aim to create safer workplaces for minors, ensure labor laws are
followed, and provide more opportunities for youth employment.
4:25:09 PM
MS. KIETH moved to slide 8, Summary of Flexible Work Hour
Changes, and stated that SB 68 allows a voluntary flexible work
plan that extends the daily work limit from 10 to 12 hours,
providing businesses and employees with more scheduling
flexibility while keeping existing worker protections in place.
4:25:53 PM
SENATOR WIELECHOWSKI asked if an employer can schedule a minor
two weeks on two weeks off schedule.
4:26:16 PM
MS. KIETH clarified that the flexible work hours mentioned in
slide 8 are for adult employees over the age of 18.
4:27:15 PM
MS. KIETH moved to slide 9, Flexible Work Hour Plan Laws; [AS
23.10.060(14)], and stated that Alaska law allows flexible work
hour plans that let full-time employees work longer days to
finish their schedules in fewer days, while still protecting
overtime rights. These plans are voluntary as employers cannot
require them or make employment conditional on participation and
must be approved by the Department of Labor. She said currently,
employees can work up to 10 hours a day under such plans, with
overtime still owed for hours beyond the agreed daily or weekly
limits.
4:29:09 PM
SENATOR WIELECHOWSKI said he wanted to understand the practical
implications of the flexible work hour plan. He asked for
confirmation that the plan applies to employees over 18 years
old and that SB 68 would allow employers to create flexible work
plans of up to 12 hours per day without paying overtime,
compared to the current 10-hour limit.
4:29:35 PM
MS. KIETH answered yes, and it would allow the employee to
compress their work week into a three-day work week instead of
4.
MS. KIETH moved to slide 10. She went over the flexible work
hour plan form. She talked about the highlighted portions on the
form listed below:
[Original punctuation provided.]
2. Employee participation in this plan must be
voluntary and cannot be a condition of employment.
3. Flex-plans do not allow an employer to routinely
impose a work schedule that deviates from the hours
specified and agreed to by the employee in the plan.
Only occasional deviations up to 20 percent of the
weeks worked (one in five weeks) are allowed. Failure
to adhere to the flex plan schedule for at least 80
percent of the work weeks will very likely result in
the plan being invalidated, thus triggering all the
overtime to be owed based on any hours worked over
eight hours in a day or over forty straight-time hours
in a week.
NOTE: Variations from an approved plan other than
those discussed above may void the Flex Plan entirely.
3) a statement that flexible work hour plan has not
been made a condition of employment and that
participation in the plan is voluntary
f) A voluntary flexible week hour plan is not valid,
unless the employee working under the plan has been
offered an equivalent weekly schedule of hours with
overtime pay after eight straight time hours in a day.
h) Except for occasional deviations in an employee's
work schedule that do not exceed 20 percent of the
weeks worked by an employee under a voluntary flexible
work hour plan, an employer shall pay overtime as
required by AS 23.10.060(b) when an employee deviates
from the approved flexible work hour plan.
4:32:24 PM
CHAIR KAWASAKI asked if an employee switches from a standard
7.58-hour day to a four-day, ten-hour schedule would the
employee need to sign a flexible work hour plan form.
4:32:46 PM
MS. KIETH answered yes, any employee working a flexible work
hour plan is required to have an approved plan filled out and
signed.
4:33:03 PM
MS MUNOZ clarified that the flexible work hour plan is a
voluntary work plan that needs the consent of the employer and
the employee and cant be mandated by the employer.
4:33:20 PM
SENATOR WIELECHOWSKI asked when hiring, can an employer state
upfront that the schedule is three 12-hour days per week, and
the applicant can choose whether to accept it. In other words,
the employee has the right to decline and instead request a
different schedule, such as five 8-hour days or four 10-hour
days.
4:33:50 PM
MS. KIETH answered yes. She stated that the agreement is only
valid if the employee is also offered an equivalent 8-hour shift
option. An employer cannot require a 4/10 schedule. She said if
the department found a business doing so, the employer would be
liable for back overtime pay to all employees working at that
business.
4:34:35 PM
MS. KIETH moved to slide 11, Flexible work hour plans 2020-2024:
[Original punctuation provided.]
• Department approved flexible plans for 1,348
employers; once approved, multiple employees can be
added to the plan
• Department estimates between 5,300 13,500 employees
work alternate work schedules
• Department received a total of 563 wage claims
-Of those, only one wage claim was related to
violation of a flexible plan
MS. KEITH stated that the program has seen very few violations,
and when they occur, penalties are applied. Since employers are
generally compliant and already face higher penalties if they
break the rules, expanding the program is unlikely to make a big
difference. Overall, the flexible work hours plan has operated
with low risk to the community.
4:36:40 PM
SENATOR WIELECHOWSKI asked if an employer has five workers, and
four agree to the 12-hour flexible schedule but one prefers a
standard 5-day, 8-hour schedule, are you saying the employer
would have to accommodate that one employee.
4:37:02 PM
MS. KIETH answered yes.
SENATOR WIELECHOWSKI asked if she had ever seen an employee laid
off for asking to work a standard work schedule instead of a 12-
hour flexible schedule.
MS. KIETH replied no and stated that if an employee was
pressured into a flexible work plan and later complained after
leaving the job, the employer could be liable for up to two
years of back overtime pay.
4:37:56 PM
CHAIR KAWASAKI gave a personal example; he was forced to sign a
flexible work hour agreement under duress after previously
working 8-hour shifts and then changing to a 10-hour shift. He
stated that he only signed to keep his job and continued the 10-
hour night shifts, which allowed him to run for political
office. He asked if there's something that can be done about
that situation.
4:38:57 PM
MS. KIETH replied that there's a two-year statute of
limitations, so if an employee brought this forward, the
employer would be required to provide up to two years of back
pay.
CHAIR KAWASAKI stated that many employees don't fully understand
their rights, so when an employer gives them a form to sign,
they usually do sign it.
4:39:42 PM
MS. KIETH moved to slide 12, Benefits of Flexible Work Hour
Plans, and stated that flexible work hour plans can benefit both
employers and employees. Employers gain tools to address labor
shortages, reduce costs, improve staffing consistency, and stay
competitive by offering flexible schedules. Employees benefit
through customized schedules, better work-life balance, reduced
commuting costs and stress, and improved options for managing
childcare and education needs.
4:42:26 PM
MS. MUNOZ said that SB 68 aims to use resources more efficiently
by replacing the paper processing of thousands of permits with a
system that better serves the public, supports businesses, and
helps young people enter the workforce. She said this
legislation promotes the value of work for young people while
also offering flexible scheduling options to meet the needs of
families and improve work-life balance.
4:45:06 PM
CHAIR KAWASAKI asked if there are any jobs where employees work
more than 8 hours a day but don't receive overtime pay.
4:45:50 PM
MS. MUNOZ replied that the statute includes roughly 12
exemptions from overtime, one of which applies to salaried
employees. These workers generally do not receive overtime
because their salary is intended to cover a standard eight-hour
day or 40-hour week.
CHAIR KAWASAKI asked whether there is anything preventing a
business from hiring someone and telling them they are working a
12-hour shift with compensation but you have to work.
MS MUNOZ replied not for adult workers.
4:46:45 PM
SENATOR YUNDT opined that the 4/10 schedule is the greatest work
schedule.
4:47:34 PM
CHAIR KAWASAKI opened public testimony on SB 68.
4:47:52 PM
SHANNON DAVENPORT, representing self, Alaska Nurses Association,
Anchorage, Alaska, testified in opposition to SB 68 and stated
that the first section of the bill concerning a 40-hour workweek
with a maximum of 10 hours per day is like Senate Bill 153 last
year that focused on adults, but SB 68 targets children. She
said research on adults, like nurses working 12-hour shifts,
shows longer hours lead to burnout, stress, fatigue, and errors.
She said for minors, working beyond six or seven hours can harm
school performance and well-being. She stated that Alaska law
already limits 14- and 15-year-olds to 23 hours per week during
school. Children under 18 cannot work in certain healthcare
settings due to safety risks. Programs like job shadowing must
cap hours at six and include proper training. She opined that
more data is needed to evaluate the flexible workweek for minors
and ensure their safety while balancing school and work.
4:53:13 PM
CHAIR KAWASAKI closed public testimony on SB 68.
4:53:48 PM
CHAIR KAWASAKI held SB 68 in committee.