Legislature(2023 - 2024)BELTZ 105 (TSBldg)
05/09/2024 05:15 PM Senate LABOR & COMMERCE
Note: the audio
and video
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
Audio | Topic |
---|---|
Start | |
HB226 | |
HB189 | |
HB88 | |
HB203 | |
HB146 | |
HB233 | |
HB251 | |
SB146 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 226 | TELECONFERENCED | |
+= | HB 189 | TELECONFERENCED | |
+= | HB 88 | TELECONFERENCED | |
+= | HB 203 | TELECONFERENCED | |
+= | HB 146 | TELECONFERENCED | |
+= | SB 146 | TELECONFERENCED | |
+= | HB 233 | TELECONFERENCED | |
*+ | HB 251 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
HB 88-WAREHOUSE WORK QUOTAS 5:46:25 PM CHAIR BJORKMAN reconvened the meeting and announced the consideration of CS FOR HOUSE BILL NO. 88(L&C) "An Act relating to work quotas for employees at warehouse distribution centers; and providing for an effective date." He noted that this is the second hearing of the bill and during the last meeting Amendment [1 (B.3), work order 33-LS0516\B.3] was adopted. 5:47:03 PM CHAIR BJORKMAN opened public testimony on HB 88; finding none, he closed public testimony. 5:47:35 PM CHAIR BJORKMAN solicited a motion. 5:47:36 PM SENATOR GRAY-JACKSON moved to adopt the Senate Committee Substitute for CSHB 88, work order 33-LS0516\S, as the working document. 5:47:47 PM CHAIR BJORKMAN objected for purposes of discussion. 5:48:04 PM KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State Legislature, Juneau, Alaska, began to explain the SCS for HB 88, work order 33-LS0516\S. He said there were two changes, one of which had been made the previous day through the adoption of Amendment 1 (B.3). 5:48:31 PM At ease 5:49:38 PM CHAIR BJORKMAN reconvened the meeting. 5:49:56 PM MR. JACKSON continued to explain the SCS for HB 88, work order 33-LS0516\S. He referred to page one, line 9, and said the change from 200 to 100 was made through the adoption of Amendment 1 (B.3) offered by Senator Dunbar. He said if the CS were adopted by the committee that change would remain at 100. MR. JACKSON said the second change could be found on page 2, line 28, subsection (d). A new sentence was inserted, which read: "a former employee is limited to one request under (a) of this section." He explained that this would allow for employees to request quota information and other information, from the employer. He explained that page 2, line 28, subsection (d) dealt with a former employee being added to language that would allow for one additional request for information once they are no longer an employee. He said the remainder of section "D" would allow an employer to reject a former employee's request if that request has already been fulfilled. 5:51:46 PM CHAIR BJORKMAN removed his objection. 5:51:52 PM CHAIR BJORKMAN found no further objection and the SCS CSHB 88, was adopted as the working document. 5:52:05 PM CHAIR BJORKMAN solicited a motion. 5:52:08 PM SENATOR GRAY-JACKSON moved to adopt Amendment 1 (S.1), work order 33-LS0516\S.1, to HB 88. 33-LS0516\S.1 A. Radford 5/8/24 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR BJORKMAN TO: SCS CSHB 88(L&C) Page 2, line 6: Delete "the employer may take" Insert "may result" Page 2, line 17, following "employee": Insert "who believes that meeting a quota required the employee to violate a federal or state occupational safety and health law" Page 2, line 20, following "data": Insert "; an employer is not required under this paragraph to provide any portion of a qualitative performance assessment, personnel record, or wage statement that does not include information relating to the employee's work speed data" Page 3, line 3: Delete "a" Insert "an overtime-eligible" Page 3, line 4, following "quota;": Insert ""employee" does not include a driver or courier to or from a warehouse distribution center or a person whose work duty is operating a tractor or other motor vehicle" 5:52:13 PM CHAIR BJORKMAN objected for purposes of discussion. He explained the key points of Amendment 1 (S.1): • Page two, line six required a quota description to identify all potential adverse employment actions that may result in failing to meet the quota. • Page two, line 17 is conceptually deleted and not included in the amendment. • Page two, line 20 clarified the information that must be provided to an employee upon request of work speed data. • Page three, line four clarified that HB 88 does not apply to couriers and express delivery drivers. CHAIR BJORKMAN said the amendment specified that work speed data does not include the employee's entire work history, past performance evaluations, or wage statements and that only data related to work speed information is required to be disclosed. He said this clarification would ensure that the request for work speed data would be limited to relevant metrics. He said HB 88 would apply to employees most likely subjected to work speed metrics as defined in the Fair Labor Standards Act (FLSA), which would be those employees eligible for overtime pay. Exempt employees, typically salaried, are not eligible for overtime under the FLSA. He said this clarification would ensure that HB 88 would apply to individual work speed data and not company or site-wide performance metrics. CHAIR BJORKMAN said that many couriers and delivery companies in Alaska are small businesses or entrepreneurs, and that Amendment 1 (S.1) seeks to avoid inadvertently including gig economy workers in HB 88's scope. 5:55:04 PM CHAIR BJORKMAN removed his objection. 5:55:09 PM SENATOR DUNBAR objected. 5:55:14 PM SENATOR DUNBAR spoke to his objection. He said he preferred the existing language [of HB 88] which, he said, came through the House with a lot of consideration. He said the first part of the amendment creates some confusion. He acknowledged that the second part was to be removed. He said the third part was too broad and the fourth part unnecessary. For those reasons, he opposed Amendment 1 (S.1). 5:55:48 PM At ease 5:57:27 PM CHAIR BJORKMAN reconvened the meeting and asked for a roll call vote. 5:57:43 PM A roll call vote was taken. Senators Merrick and Bjorkman voted in favor of Amendment 1 (S.1) and Senators Dunbar and Gray- Jackson voted against it. The vote was 2:2. 5:58:05 PM CHAIR BJORKMAN announced that Amendment 1 (S.1) failed on a vote of 2:2. 5:58:26 PM CHAIR BJORKMAN solicited the will of the committee. 5:58:28 PM SENATOR GRAY-JACKSON moved to report the Senate Committee Substitute (SCS) for CSHB 88, work order 33-LS0516\S, from committee with individual recommendations and attached fiscal note(s). 5:58:50 PM CHAIR BJORKMAN found no objection and SCS CSHB 88(L&C) was reported from the Senate Labor and Commerce Standing Committee.
Document Name | Date/Time | Subjects |
---|---|---|
HB88 Draft Proposed Amendment ver S.1.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 88 |
SB146 Draft Proposed CS ver U.pdf |
SL&C 5/9/2024 5:15:00 PM |
SB 146 |
SB146 Public Testimony-Jack Heesch 04.22.24.pdf |
SL&C 5/9/2024 5:15:00 PM |
SB 146 |
HB251 U.A.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 251 |
HB251 Sponsor Statement.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 251 |
HB251 Sectional Analysis.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 251 |
HB251 Fiscal Note DEC-EH 01.26.24.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 251 |
HB146 Draft Proposed CS ver U.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 146 |
HB146 Fiscal Note DPS-FLS 01.11.24.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 146 |
HB189 Draft Proposed Amendment U.2.pdf |
SL&C 5/9/2024 5:15:00 PM |
HB 189 |