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.