Legislature(2005 - 2006)BELTZ 211
04/07/2005 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB131 | |
| SB108 | |
| SB145 | |
| HB81 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 145 | TELECONFERENCED | |
| + | HB 81 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 108 | TELECONFERENCED | |
| += | SB 131 | TELECONFERENCED | |
| = | SB 139 | ||
SB 131-WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES
CHAIR CON BUNDE announced SB 131 to be up for consideration.
SENATOR SEEKINS moved to adopt CSSB 131(L&C), version F.
SENATOR ELLIS objected for an explanation.
JOHN SEDOR, Anchorage Society for Human Resource Management,
said he also represented the Alaska State Council and explained
the CS to the committee. He said that Section 1 adds "computer
systems analyst, computer programmer, software engineer or other
similarly skilled workers", which references a federal
regulation saying that computer systems workers can be exempt
either under the executive exemption, the administrative
exemption or, specific to computer systems workers, the hourly
exemption where they are paid over $27.63 an hour for a 40-hour
workweek and making over $1,000 for the week.
He said that Section 2 requires that all exemptions must meet
the two times minimum wage test. Also, various federal
definitions had been clarified. He said that adding the
definition of highly compensated employees (paid over $100,000)
was suggested, but was not included since it was already in
federal regulations.
Section 3 deleted the supervisory capacity, which does not exist
under the federal system as an exemption. Section 5 references
the Fair Labor Standards Act, which is consistent with other
provisions of current statute that encourage the department to
look at federal regulations in determining its own regulations.
1:43:49 PM
CHAIR BUNDE noted there were no questions at this time and
pointed out that it was his intent to change the two-year
timeframe for establishing a claim to six months. He offered
that as conceptual Amendment 1.
1:44:37 PM
SENATOR SEEKINS supported having six-months for claims, either
choate or inchoate, instead of the standard two-year statute of
limitations saying, "I probably would have been a little bit
tougher."
CHAIR BUNDE said he just wanted to have a reasonable time in
which to establish a claim.
1:45:54 PM
SENTOR ELLIS asked if he meant six months from the date of
separation.
CHAIR BUNDE answered no, six months from the effective date of
the bill.
SENATOR SEEKINS asked if he meant six months to bring the
lawsuit or to bring the lawsuit to its final adjudication.
CHAIR BUNDE replied, "Bring the lawsuit."
SENATOR ELLIS asked if there would be any effective notice to
the people affected by this bill.
CHAIR BUNDE responded that was a good question, but he thought
labor organizations would make sure their members knew about it.
SENATOR ELLIS pointed out that wouldn't cover all the people
they are talking about.
CHAIR BUNDE replied that he could make the same argument for
people who should know now they have two years.
1:48:17 PM
SENATOR ELLIS asked who requested the bill.
CHAIR BUNDE replied that the request came from business owners
and others.
SENATOR ELLIS said he supported the legislation overall, but the
conceptual amendment needed more thought.
CHAIR BUNDE withdrew conceptual Amendment 1.
SENATOR ELLIS moved to pass CSSB 131(L&C) from committee with
individual recommendations. Senators Davis, Ellis, Ben Stevens,
Seekins and Chair Bunde voted yea; and CSSB 131(L&C) moved from
committee.
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