Do Alaska Wage And Hour Laws Apply Outside The Three-Mile Limit For Fishing Claims?

Tue, 29 May 2007 21:19:00 GMT

No. Alaska laws apply only out to the threemile limit. Workers with problems outside the threemile limit should talk to the U.S. Department of Labor, the U.S. Coast Guard, or a maritime lawyer.

Am I Entitled To Lunch And Rest Breaks?

Tue, 29 May 2007 21:19:00 GMT

Employers are not required to give breaks to adult employees. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if it lasts more than 20 minutes and you do no work during that time. Employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work, or are scheduled to work, 6 or more consecutive hours.

Are Minors Prohibited From Any Specific Occupations?

Tue, 29 May 2007 21:19:00 GMT

Minors under the age of 14 may only work in the following occupations:

Newspaper sales and delivery.
Babysitting, handiwork and domestic employment in or about private homes.
Occupations in the entertainment industry.

14 and 15 year olds are restricted from the following occupations:

Occupations in manufacturing, mining or processing, including work rooms or places where goods are manufactured, mined or otherwise processed.
Occupations involved in operation of powerdriven machinery other than office machines.
Occupations in construction (including demolition and repair) except office work.
Any work in an establishment that serves alcoholic beverages.
Public messenger service.
Occupations in or about canneries, except office work.
Work performed in or about boilers, engine rooms or retorts.
Work involved with maintenance or repair of the establishment's machines or equipment.
Occupations that involve working from windowsills, ladders, scaffolds or their substitutes.
Occupations handling or operating powerdriven food slicers, grinders, choppers, cutters, and bakery type mixers.
Work in freezers, meat coolers, or preparation of meat for sale.
Loading/unloading to or from trucks, railroad cars or conveyors.
Occupations in warehouses and storage except office and clerical work.
Occupations involving use of sharpened tools.
Occupations in transportation of persons or property except office or sales work.
Occupations involved in canvassing, peddling, solicitation of doortodoor contributions, or acting as an outside salesman.

Minors 17 and under cannot be employed as follows:

Occupations in manufacturing, handling or use of explosives.
Occupations of motor vehicle driver or helper.
Mining operations including coal.
Logging or occupations in the operations of any sawmill, lathe mill, shingle mill or cooperage.
Operation of powerdriven woodworking machines.
Occupations with exposure to radioactive substances and to ionizing radiation.
Operation of elevators or other powerdriven hoisting apparatus.
Operation of powerdriven metal forming, punching and shearing machines.
Occupations involving slaughtering, meat packing or processing or rendering.
Occupations involved in the operation and cleaning of powerdriven bakery machines.
Occupations involved in the operation of powerdriven paper products machines.
Occupations involved in the manufacture of brick, tile and kindred products.
Occupations involved in the operation and cleaning of circular saws, band saws, and guillotine shears.
Occupations involved in wrecking, demolition, and shipwrecking operations.
Occupations involved in roofing operations.
Occupations involved with excavation operations.
Electrical work with voltages exceeding 220, or outside erection or repair and meter testing including telegraph and telephone lines.

Are There Regulations For The Hours A Minor May Be Employed?

Tue, 29 May 2007 21:19:00 GMT

According to state law, the following restrictions apply to 14 and 15 year olds: When school is in session, work hours must be limited to a total of nine hours of school attendance plus employment in any one day. Work may be performed only between the hours of 5:00 a.m. and 9:00 p.m. and hours worked cannot exceed 23 in any week. During school vacations, work hours will be limited to 40 hours per week between the hours of 5:00 a.m. and 9:00 p.m.

1617 years old may not be employed more than six days in any week. Alaska law prohibits working minor children under 18 years of age for more than five consecutive hours without an unpaid break of at least 30 minutes.

The federal prohibition on the hours 14 and 15 year old minors may be allowed to work is stricter than Alaskan law. Due to this conflict, an employer of 14 or 15 year old minors may find that they are in compliance with State law, but in violation of federal law.

Can I Get Assistance With Finding Employment?

Tue, 29 May 2007 21:19:00 GMT

You can get help looking for work at Alaska Job Centers where staff will assist you with job listings, resume writing, interviewing and job seeking skills. In addition, The Alaska Job Seeker page is available on the Internet and has many useful job seeking tools.

The State Training and Employment Program (STEP) is a program to reduce current and future claims against UI benefits by training those who face unemployment. The program is also charged with fostering growth of existing businesses and attracting new businesses to the state through development of a skilled workforce and lower employer UI costs.

You may be eligible to receive training through this program if you meet one of the following criteria: (1) You are unemployed and: receiving UI benefits, or exhausted your UI benefits; (2) You are unemployed and not eligible for UI because: employment has been seasonal, temporary, parttime or marginal, or your contributions to the UI Trust Fund were insufficient due to limited job opportunity in your area; or (3) You are employed but liable to be displaced within 6 months due to: layoff, elimination of your job, or you need to learn substantially different skills (Employer certification letter required in each case.)

For more information contact:

State Training & Employment Program Manager
Department of Labor and Workforce Development
Employment Security Division
3301 Eagle St. Ste 106
Anchorage, AK 99503

Can I Receive Unemployment Benefits While I Am Attending School?

Tue, 29 May 2007 21:19:00 GMT

To be eligible for benefits while attending academic schooling, you must be available for fulltime work to receive benefits. To be considered available for fulltime work while in school, you must be taking less than 10 credit hours, be registered for work as required, and be willing to immediately accept suitable fulltime work in the customary hours of your occupation. However, you may be eligible for benefits if you recently attended school fulltime while working fulltime, and if you are no longer working as a result of a qualifying layoff.

To be eligible for benefits while attending vocational training, you must be available for fulltime work. The availability requirements may potentially be waived for vocational training depending on your work history, whether you voluntarily quit skilled employment to attend the training, and whether you are attending the training fulltime or parttime.

Can My Employer Require Me To Work Overtime?

Tue, 29 May 2007 21:19:00 GMT

An employer can order an employee to work overtime and can discipline or terminate that employee for refusal to work it.

Do I Need To Pay Employment Security Tax If I Am Self Employed?

Tue, 29 May 2007 21:19:00 GMT

If you do not have any employees, you need not set up an Employment Security Compensation account. Sole proprietors, partners, and LLC members are not considered employees of a business. If you do have employees, you do need to set up an account to report and pay unemployment insurance taxes on your employees.

Please not that every business with an open account must file a quarterly contribution report even if they have no employees for the quarter. If the employer is not going to have employees for two or more quarters, he or she can call and have their account closed.

Does My Foreman Have To Be Paid Prevailing Rates Of Pay?

Tue, 29 May 2007 21:19:00 GMT

Yes. Foremen who are performing "hands on" work must be paid prevailing rates of pay in the appropriate classification(s) for the "hands on" work. If your foreman is employed solely for the purpose of regularly assigning and directing the activities of other employees, is responsible for the results of work performed and does not spend more than 20 percent of the weekly hours worked performing "hands on" types of work, the foreman is exempt from overtime. The foreman is still entitled to straight time pay at his regular rate of pay for each hour worked. However, if more than 20 percent of the weekly hours worked consist of "hands on" duties, your foreman is entitled to overtime pay for hours worked in excess of eight in a workday or 40 in a workweek.

How Are Rates Calculated?

Tue, 29 May 2007 21:19:00 GMT

Rate calculations are performed by the Department of Labor Research and Analysis section. An explanation of the rating process is available on their site. For more information on your rate, contact your nearest Employment Security Tax representative or refer to the Alaska Employment Security Tax Handbook .

How Do Earnings Affect My Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may be eligible for benefits if you are less than fully employed during the week you are claiming. This means working less than 40 hours for an employee or selfemployed and earning less than your excess earnings amount. The excess earnings amount is the amount of money you may earn while working less than fulltime and still receive partial benefits. You must also be able and available to seek and accept fulltime employment while working parttime.

The first $50 you earn each week does not reduce your benefits, although, you must report it. For each dollar over $50, $.75 cents per dollar earned for the week is deducted from your weekly benefit amount. This continues until you work either full time or reach your excess earnings amount during the week you are claiming benefits.

You must report any earnings you work for during a week you are claiming unemployment benefits, whether paid to you or not. The amount you report is the gross amount of earnings. You would report the answer on VICTOR as your gross earnings. If you worked for more than one employer, you would add the two gross earnings together and report the total on VICTOR. If you are selfemployed, you must report gross receipts minus all expenses for the week.

How Do I File A Claim For Unemployment Compensation Benefits?

Tue, 29 May 2007 21:19:00 GMT

Your UI Call Center can take your application for unemployment benefits over the phone. To help you find a job, they can register you for work with the Alaska Job Center. After your UI claim has been opened, you may file for biweekly benefits over the phone by calling your Automated Telephone Claim Filing System known as VICTOR . VICTOR can only be accessed with a personal identification number called a PIN, which you will set up during your first call to VICTOR. Once your PIN has been established, you may use VICTOR to file your biweekly claims by phone or to inquire about the status of your check. Call VICTOR during Week 3 of your benefit year and every two weeks after that.

How Do I Know If I Am Eligible To Receive Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

To be eligible for benefits, you must meet the three following criteria:

You were working in a job that is subject to unemployment insurance laws;
You were paid at least $1000 in wages in two calendar quarters of your base period;
You are able, available, and actively seeking work in each week you claim.

How Do I Know Whether Or Not The Ldba Applies To A Specific Project?

Tue, 29 May 2007 21:19:00 GMT

You can contact the local Wage and Hour Office of the Alaska Department of Labor. They will assist you in determining whether the project is subject to the LDBA and its prevailing wage requirements.

How Do I Qualify For Benefits?

Tue, 29 May 2007 21:19:00 GMT

Crewmembers with injury or illness directly connected to operations as a commercial fisherman must hold valid commercial fishing licenses or limited entry permits before the time of injury or illness to qualify for benefits. Onset of injury or illness must be onshore in Alaska or on Alaska waters. Initial treatment must be received within 60 days after onset of injury or illness. An application must be submitted within one (1) year after initial treatment. Finally, each treatment must be documented by a medical chart note and submitted.

Two reports must be completed including Fisherman's Report of Injury or Illness and Physician's Report of Injury or Illness. The fisherman and physician must each fully complete their respective report. These two reports need be completed only once, by the fisherman upon his initial treatment, and by the initial treating physician.

For further information on what is and is not covered under the Fisherman's Fund, click here

How Do I Register An Employee As An Apprentice?

Tue, 29 May 2007 21:19:00 GMT

Contact the office of the U.S. Department of Labor, Bureau of Apprenticeship and Training, Apprentices Employee and Labor Service, in Anchorage. The telephone number is (907) 2715035; Fax: (907) 2715024.

How Do The Wage And Hour Laws Apply To The Fishing Industry?

Tue, 29 May 2007 21:19:00 GMT

Fishing deckhands do not have to be paid minimum wage or overtime. Employees of a floating processor, who work within the threemile limit or for a shorebased processor must be paid minimum wage and overtime. Deckhands on a floating processor must be paid minimum wage, but are exempt from the overtime law.

How Long Can I Receive Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Your benefit year begins the Sunday preceding the date you file your claim and ends 52 weeks later on a Saturday. During those 52 weeks a person can receive a minimum of 16 weeks to a maximum of 26 weeks of benefits depending on their wages in the base period. The duration of your claim and weekly benefit amount will be shown on the monetary determination of eligibility that is mailed to you.

How Long Do I Have To File A Wage Claim?

Tue, 29 May 2007 21:19:00 GMT

You should file a wage claim as soon as possible. A claim must be filed within two years from the date the work was performed. For specific information on filing a wage claim, call the Wage and Hour Office: Anchorage (907) 2694900, Fairbanks (907) 4512886, or Juneau (907) 4654842.

How Much Compensation Can I Receive?

Tue, 29 May 2007 21:19:00 GMT

After your claim is filed with a UI Call Center and entered in the computer for processing, you will receive a monetary determination. A monetary determination indicates the amount of benefits you may be eligible to receive and how many weeks the benefits will last.

Unemployment benefit amounts are dependent on the amount of wages that you earned during your base period. The benefits range from $44 $248 per week, with an additional $24 per dependent child. You may claim up to three dependent children, for a maximum of $72 of dependent allowance. To be eligible for maximum benefits, you must have earned at least $26,500 during your base period.

How Often Do I Have To Pay My Employees On A Public Construction Project?

Mon, 04 Jun 2007 21:51:22 GMT

Employees must be paid once per week. Certified payrolls must be submitted to the Alaska Department of Labor by Friday of each week for the previous week and are required of all subcontractors and contractors. Note that an employer must keep payroll records for a period of three years.

If I Am Fired From My Job, How Soon Must My Employer Pay Me?

Tue, 29 May 2007 21:19:00 GMT

If you are terminated from your job, your employer must pay you all earnings owed within three working days of termination. If you have quit your job, your employer must pay you by the next regular payday that is at least three working days after your last day worked.

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

All minors 16 and under must have a work permit on file with the department. If the employer is licensed to sell alcohol, then all minors 16 through 18 must also have a work permit.

Must Fishing Industry Employees Have A Written Contract?

Tue, 29 May 2007 21:19:00 GMT

Fishing deckhands as well as fish processor employees must have a written contract with their employers.

Must My Employer Pay Me For Sick Time Or Vacation Time?

Tue, 29 May 2007 21:19:00 GMT

An employer is not required by law to pay for sick time or vacation time. An employer only has to pay these benefits if he has a policy to pay such benefits or a contract with you to pay these benefits.

Should I Continue To File My Biweekly Certifications While Waiting For The Appeal Hearing/Decision?

Tue, 29 May 2007 21:19:00 GMT

Yes. If you are successful on appeal, you will not get paid for any weeks for which you did not file.

What Are The Benefit Limits?

Tue, 29 May 2007 21:19:00 GMT

Except for compelling reasons, benefits for the care of any one person involving a single injury or disability will not be paid beyond one year from the date of initial allowance, and cannot exceed $2,500.

Requests to exceed the benefit limit or the duration of care must be in writing. They must note the "amount of relief" or additional benefits needed, or the "extent of additional time" required. Compelling reasons justifying the request must be specified and must be sufficient to justify the requested benefit or time extension and must include: the financial status of the fisherman; impact of injury or illness on the fisherman's ability to earn a living while undergoing required treatment and to continue to earn a living commercial fishing; any other compelling factors that affect the fisherman's ability to pay for related expenses in excess of $2,500, or that result in conditions that require followup treatment beyond one year.

What Can I Do If I Am Denied Unemployment Compensation Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you feel you have been wrongly denied benefits, you can file an appeal. Approximately 30 percent of all appeals result in a decision favorable to the appellant.

What Is The Base Period?

Tue, 29 May 2007 21:19:00 GMT

The Base Period for Alaska is the first four of the last five completed calendar quarters prior to the quarter in which a claim for benefits is filed. For example a new claim with an effective date in May would have a Base Period of January through December of the previous year. Wages earned during the base period determine both the amount and duration of an individual's unemployment insurance benefits.

What Is The Extended Benefit Program?

Tue, 29 May 2007 21:19:00 GMT

The Extended Benefit program goes into effect during years of significant unemployment and provides additional benefits to those individuals who exhaust their regular benefits and meet the eligibility requirements of this program. Potentially eligible claimants are sent notification when extended benefits are available.

What Is The Fishermans Fund?

Tue, 29 May 2007 21:19:00 GMT

Established in 1951, the Fishermen's Fund provides for the treatment and care of Alaska licensed commercial fishermen who have been injured while fishing on shore or off shore in Alaska. Benefits from the Fund are financed from revenue received from each resident and nonresident commercial fisherman's license and permit fee.

The Commissioner of Labor and Workforce Development oversees administration of the program with the assistance of the Fishermen's Fund Advisory and Appeals Council.

The Fund is an emergency fund payer of last resort, which means that benefits are awarded only after full consideration of other coverage from private health or vessel insurance, and public programs, including Veterans' Affairs or Medicare. (Medicaid is an exception.)

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

Most employees in Alaska must be paid overtime compensation for any hours they work over 8 per day or 40 straighttime hours per week. Overtime compensation is 1½ times the employee's straight time rate of pay. Some employees may not be eligible for overtime compensation because their employer employs less than 4 workers. Other employees may be overtime exempt, such as supervisors, executive, administrative, and professional employees.

What Is The Little Davis-Bacon Act?

Tue, 29 May 2007 21:19:00 GMT

It is an act which affects prime contractors and subcontractors who work on state or political subdivision construction contracts which exceed $2000. This law protects construction workers such as carpenters, plumbers, power equipment operators, laborers, etc. Covered workers must receive at least prevailing wage rates and fringe benefits for similar work in the same locality. Prevailing rates and fringes are determined by the Alaska Department of Labor and must be stated in the advertised specifications and contract award.

What Types Of Evidence Will Be Useful At The Hearing?

Mon, 04 Jun 2007 21:51:22 GMT

If you have been denied because of a discharge, copies of warnings (or evidence showing the lack thereof), time sheets, payroll records, etc., might be useful. Also, witnesses to the final incident that led to the discharge can help support your claim. If the work separation was a quit, documentation such as medical reports, childcare statements, or witnesses to workplace problems are helpful.

The hearing office can issue subpoenas if a crucial witness refuses your request to voluntarily testify at the hearing or refuses to voluntarily provide documents that are necessary to make a complete hearing record.

What Types Of Projects Are Covered By The Little Davis-Bacon Act?

Tue, 29 May 2007 21:19:00 GMT

It applies to public construction contracts which are under contract for the state, a political subdivision of the state or a regional school board. Examples of projects covered by the LDBA include schools, roads, water and sewer systems, airports, dams, and hydroelectric projects. Some projects, such as airports and highways, may be subject to both the Federal DBA and the LDBA. In these cases, the law which provides more protection or sets the highest standards applies.

What Will Happen If I Draw Unemployment Benefits While I Am Working?

Tue, 29 May 2007 21:19:00 GMT

In most cases, this will be detected from an automated crossmatch of quarterly wage and information submitted by Alaska employers with wage and earnings information submitted by claimants. This identifies if a claimant worked, earned wages, and how much while they were claiming UI benefits. If a discrepancy occurs, an Audit Summary is sent to the claimant along with a claimant notification indicating a discrepancy exists. This gives the claimant the opportunity to review all the documents used as a basis for the comparison.

The amount of benefits received through intentional misrepresentation must be repaid, an administrative penalty of 50% will be assessed, and you will be disqualified from future benefits for six weeks for each week involved in the fraud. Additionally, depending on the amount of benefits received, any past criminal history, and other circumstances, the fraud case or cases may be submitted to the District Attorney for criminal prosecution. The potential penalties at this level include the repayment of benefits, 50% penalty, and disqualification, plus possible imprisonment and additional fines as ordered by the court.

What is the minimum wage In Alaska?

Tue, 29 May 2007 21:19:00 GMT

Minimum wage in Alaska is presently $5.65 per hour. In Alaska, minimum wage is based on the federal minimum wage and is always $.50 per hour greater than the federal minimum wage. Alaska's minimum wage increases to $7.15 an hour effective January 2003.

When Will I Receive A Final Decision On My Appeal?

Tue, 29 May 2007 21:19:00 GMT

Decisions are generally issued within two weeks after the hearing. In most cases, the decision is issued even sooner than two weeks.

Where Can I Obtain My Quarterly Contribution Report Form?

Mon, 04 Jun 2007 21:51:22 GMT

You can download a copy of the quarterly contribution report form from the Department of Labor Forms Page . Alternatively, you can request a copy from your local field office.

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