Legislature(2023 - 2024)ANCH LIO DENALI Rm
12/05/2023 02:00 PM House LABOR & COMMERCE
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Audio | Topic |
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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 2:14:40 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 MR. METCALF (ph), 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 [copy 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 [copy 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 REPRESENTATIVE PRAX requested an explanation of the term "wage theft." MR. METCALF answered that this concerns workers being misclassified in order to manipulate wages. REPRESENTATIVE PRAX questioned which group of employers this would apply to, 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.