Alaska Statutes
Title 23. Labor and Workers' Compensation

Sec. 23.05.067. Service fees for administration of workers' safety and compensation programs. - (a) Each insurer providing workers' compensation insurance and each employer...

Sec. 23.05.080. Employer's records. - An employer shall keep an accurate record of the name,...

Sec. 23.05.090. Employer shall furnish information. - An employer shall furnish to the department the information it...

Sec. 23.05.100. Inspections and examination of records. - The department may (1) enter a place of employment during...

Sec. 23.05.110. Biennial report. - The department shall submit a report to the governor concerning...

Sec. 23.05.120. Cooperation with other agencies. - The department may negotiate with the United States Department of...

Sec. 23.05.125. Office of citizenship assistance. - (a) The office of citizenship assistance is established in the...

Sec. 23.05.130. Preference for resident workers. - The department shall aid and assist resident workers to obtain,...

Article 2. Wage Claims.

Sec. 23.05.140. Pay periods; penalty. - (a) An employee and employer may agree in an annual...

Sec. 23.05.160. Notice of wage payments. - An employer shall notify an employee in writing at the...

Sec. 23.05.170. Wages earned before strike, lockout, or layoff. - An employee who goes on strike, or is temporarily laid...

Sec. 23.05.180. Wages in dispute. - (a) If the amount of wages is in dispute, the...

Sec. 23.05.190. Enforcement. - The department shall (1) enforce this chapter; (2) investigate possible...

Sec. 23.05.200. Hearings on wage claims. - (a) The department may hold hearings to investigate a claim...

Sec. 23.05.210. Proceedings by attorney general. - The attorney general may prosecute a civil case arising under...

Sec. 23.05.220. Assignment of liens and claims to department. - (a) The department may take an assignment of (1) a...

Sec. 23.05.230. Prosecution of claims. - (a) The department may prosecute an action for the collection...

Sec. 23.05.240. Officers to execute process without security; immunity from damages; custody of property. - (a) An officer, requested by the department to serve a...

Sec. 23.05.250. Witness fees of garnishee defendants. - A garnishee defendant, when required to appear in court in...

Sec. 23.05.260. Disposition of funds recovered. - (a) Out of a recovery in an action under AS...

Article 3. Violations and Penalties.

Sec. 23.05.270. Violations by employer. - It is a violation of this chapter for an employer...

Sec. 23.05.280. Penalties. - A person who violates a provision of this chapter or...

Article 4. Reciprocal Agreements.

Sec. 23.05.320. Reciprocal agreements with other states. - The commissioner may enter into reciprocal agreements with the labor...

Sec. 23.05.330. Actions in courts of other states. - The commissioner may, to the extent permitted by a reciprocal...

Sec. 23.05.340. Actions in this state for demands arising in other states. - The commissioner may, upon the written request of the labor...

Article 5. Labor Relations Agency.

Sec. 23.05.360. Alaska labor relations agency. - (a) There is established within the Department of Labor and...

Sec. 23.05.370. Powers, duties, and functions of Alaska labor relations agency. - (a) The agency shall (1) establish its own rules of...

Sec. 23.05.380. Regulations. - The agency shall adopt regulations under AS 44.62 (Administrative Procedure...

Sec. 23.05.390. Definition. - In AS 23.05.360 - 23.05.390, “agency” means the Alaska labor...

Chapter 10. Employment Practices and Working Conditions

Article 1. Coercion and Fraud.

Sec. 23.10.015. False representations to procure employees prohibited. - A person doing business in this state may not personally...

Sec. 23.10.020. Penalty for violation of AS 23.10.015. - A person who, personally or as agent or servant for...

Sec. 23.10.030. Worker's right of action. - A worker induced to accept employment with a person mentioned...

Sec. 23.10.035. Limit of application. - AS 23.10.015 - 23.10.030 may not be construed to interfere...

Sec. 23.10.037. Lie-detector tests. - (a) A person either personally or through an agent or...

Article 2. Payment of Wages.

Sec. 23.10.040. Payment of wages in state. - (a) Except as otherwise provided by AS 37.25.050, an employer...

Sec. 23.10.043. Deposit of wages. - An employer may not deposit wages due or to become...

Sec. 23.10.045. Payments into benefit fund. - (a) If an employer agrees with an employee to make...

Sec. 23.10.047. Employee's lien. - (a) If an employer agrees with an employee or group...

Article 3. Alaska Wage and Hour Act.

Sec. 23.10.050. Public policy. - It is the public policy of the state to (1)...

Sec. 23.10.055. Exemptions; compensation of executives, administrators, and professionals. - (a) The provisions of AS 23.10.050 - 23.10.150 do not...

Sec. 23.10.060. Payment for overtime. - (a) An employer who employs employees engaged in commerce or...

Sec. 23.10.065. Minimum wages. - (a) Except as otherwise provided for in law, an employer...

Sec. 23.10.070. Exemptions from minimum wage. - To the extent necessary to prevent curtailment of opportunities of...

Sec. 23.10.071. Wages for work therapy. - (a) For work therapy, as defined in AS 47.37.270, a...

Sec. 23.10.075. Labor standards and safety division. - There is established in the department the division of labor...

Sec. 23.10.080. Powers and duties of division. - The director, or an authorized representative of the director, shall...

Sec. 23.10.085. Scope of administrative regulations; room and board deductions. - (a) The director may adopt, amend, or rescind administrative regulations...

Sec. 23.10.090. Administrative procedures. - Regulations adopted or hearings conducted under AS 23.10.050 - 23.10.150...

Sec. 23.10.095. Adoption of federal regulations. - The commissioner may adopt regulations and interpretations that are made...

Sec. 23.10.100. Employer to keep records. - (a) An employer shall keep for a period of at...

Sec. 23.10.105. Posting summary required. - An employer subject to AS 23.10.050 - 23.10.150 shall keep...

Sec. 23.10.110. Remedies of employee; attorney fees; offers of judgment; settlement; waiver. - (a) An employer who violates a provision of AS 23.10.060...

Sec. 23.10.115. Enforcement by injunction. - If it appears to the commissioner that an employer is...

Sec. 23.10.120. Enforcement of subpoenas. - If a person fails to comply with a subpoena issued...

Sec. 23.10.125. Collective bargaining. - AS 23.10.050 - 23.10.150 do not limit the right of...

Sec. 23.10.130. Statute of limitations. - An action for unpaid minimum wages, unpaid overtime compensation, or...

Sec. 23.10.135. Violations. - An employer violates AS 23.10.050 - 23.10.150 if the employer...

Sec. 23.10.140. Penalty. - An employer who violates a provision of AS 23.10.050 -...

Sec. 23.10.145. Definitions. - If not defined in this title or in regulations adopted...

Sec. 23.10.150. Short title. - AS 23.10.050 - 23.10.150 may be cited as the Alaska...

Article 4. Employment of Children.

Sec. 23.10.325. Purpose. - It is the purpose of AS 23.10.325 - 23.10.370 to...

Sec. 23.10.330. Exempted employment. - (a) AS 23.10.325 - 23.10.370 do not prohibit employment of...

Sec. 23.10.332. Authorization for children under 17 to work. - (a) Except for employment exempted under AS 23.10.330 and other...

Sec. 23.10.335. Employment of children under 14. - A minor under 14 years of age may not be...

Sec. 23.10.340. Employment of children under 16. - (a) A minor under 16 years of age may not...

Sec. 23.10.350. Employment of person under 18. - (a) A minor under 18 years of age may not...

Sec. 23.10.355. Employment of persons under 21. - A person under 21 may not be employed or allowed...

Sec. 23.10.360. Regulations for minimum standards and work opportunities. - (a) The department may, from time to time after public...

Sec. 23.10.365. Enforcement. - The department shall enforce AS 23.10.325 - 23.10.370.

Sec. 23.10.370. Penalty. - (a) Except as provided in (b) of this section, a...

Article 5. Transportation of Employees.

Sec. 23.10.375. Policy. - The welfare of the state demands that adequate provision be...

Sec. 23.10.380. Right to return transportation. - (a) An employer who furnishes, finances, agrees to furnish or...

Sec. 23.10.385. Enforcement by civil action. - (a) The department may take a written assignment of a...

Sec. 23.10.390. Construction of contracts. - AS 23.10.375 - 23.10.400 are considered a part of every...

Sec. 23.10.395. Orders and regulations. - The department may issue orders and adopt regulations necessary to...

Sec. 23.10.400. Penalty. - An employer who violates AS 23.10.375 - 23.10.400 is, in...

Article 6. Employment in Underground Mines.

Sec. 23.10.405. Legislative declaration of hazard. - Employment in underground coal mines, underground lode mines, underground placer...

Sec. 23.10.410. Limitation on period of employment in underground mines and requirement for pay for certain work. - (a) Except as provided in (d) - (f) of this...

Sec. 23.10.415. Penalties. - (a) A person who, whether as principal or agent, employs...

Article 7. Employee Rights.

Sec. 23.10.430. Access to personnel files. - (a) An employer shall permit an employee or former employee...

Article 8. Drug and Alcohol Testing by Employers.

Sec. 23.10.600. Employer protection from litigation. - (a) If an employer has established a drug and alcohol...

Sec. 23.10.610. Limits on causes of action for disclosures. - A person may not bring an action for defamation of...

Sec. 23.10.615. Employer's compliance voluntary. - Compliance with AS 23.10.600 - 23.10.699 by employers is voluntary.

Sec. 23.10.620. Employer policy. - (a) Under AS 23.10.600 - 23.10.699, an employer may only...

Sec. 23.10.630. Collection of samples. - (a) An employer may test an employee for the presence...

Sec. 23.10.640. Testing procedures. - (a) Sample collection and testing for alcohol impairment and drugs...

Sec. 23.10.645. On-site testing. - (a) An employer may include on-site drug and alcohol tests...

Sec. 23.10.650. Training of test administrators. - (a) Each employer shall ensure that at least one designated...

Sec. 23.10.655. Disciplinary procedures. - (a) An employer may take adverse employment action based on...

Sec. 23.10.660. Confidentiality of results; access to records. - A communication received by an employer relevant to drug test...

Sec. 23.10.670. Effect of mandatory testing obligations. - An employer who is obligated by state or federal requirements...

Sec. 23.10.699. Definitions. - In AS 23.10.600 - 23.10.699, (1) “alcohol” means ethanol, isopropanol,...

Chapter 15. Employment Services

Article 1. Vocational Rehabilitation.

Sec. 23.15.010. Administration of vocational rehabilitation. - The commissioner shall administer the vocational rehabilitation program.

Sec. 23.15.020. Powers and duties of commissioner. - (a) The commissioner may cooperate with a federal agency, as...

Sec. 23.15.030. Appointment of administrative officers. - The commissioner may appoint administrative officers and delegate to them...

Sec. 23.15.040. Division of vocational rehabilitation established. - The division of vocational rehabilitation is established under the commissioner...

Sec. 23.15.050. Director of vocational rehabilitation. - The commissioner shall appoint a director of the division of...

Sec. 23.15.060. Agreements under Social Security Act. - (a) The commissioner may enter into necessary agreements on behalf...

Sec. 23.15.080. Eligibility for vocational rehabilitation service. - (a) Vocational rehabilitation service shall be provided directly or through...

Sec. 23.15.090. Priority as to eligibility. - If vocational rehabilitation service cannot be provided for all eligible...

Sec. 23.15.095. Gainful employment of individuals with disabilities. - (a) When providing vocational training, vocational rehabilitation, or employment placement...

Sec. 23.15.100. Powers and duties; vending facilities. - (a) In carrying out AS 23.15.010 - 23.15.210, the agency...

Sec. 23.15.110. Extension of services outside state. - Vocational rehabilitation service may be extended to the continental United...

Sec. 23.15.120. Cooperation with federal government. - (a) The agency shall cooperate with the federal government in...

Sec. 23.15.125. Assistive technology loan guarantee and interest subsidy program. - (a) An assistive technology loan guarantee fund is established in...

Sec. 23.15.130. Vocational rehabilitation small business enterprise revolving fund. - (a) There is created in the state treasury a revolving...

Sec. 23.15.132. Vending facilities. - (a) A vending facility may not be established on public...

Sec. 23.15.133. Vendors' licenses. - (a) The agency shall issue a license for the operation...

Sec. 23.15.134. Active participation by licensees with severe disabilities. - The agency shall adopt regulations that ensure the opportunity for...

Sec. 23.15.135. Committee of blind vendors. - (a) The Committee of Blind Vendors consisting of all blind...

Sec. 23.15.136. Group insurance for certain licensees. - The agency shall purchase group insurance coverage under AS 39.30.090...

Sec. 23.15.150. Custodian of funds. - The Department of Revenue is designated custodian of all vocational...

Sec. 23.15.160. Gifts. - The commissioner may accept a gift or donation from a...

Sec. 23.15.170. Maintenance not assignable. - The right of an individual with a disability to maintenance...

Sec. 23.15.180. Hearings. - (a) An individual applying for or receiving vocational rehabilitation who...

Sec. 23.15.190. Misuse of lists and records. - Except for purposes directly connected with the administration of the...

Sec. 23.15.200. Limitation on political activity. - An officer or employee engaged in the administration of the...

Sec. 23.15.210. Definitions. - In AS 23.15.010 - 23.15.210, (1) “active participation” means a...

Article 2. State Vocational Rehabilitation Committee.

Sec. 23.15.220. Purpose. - The purpose of AS 23.15.220 - 23.15.320 is to create...

Sec. 23.15.230. Appointment of committee. - The governor shall appoint the members of the State Vocational...

Sec. 23.15.240. Selection and term of chair. - The members of the committee shall select a chair from...

Sec. 23.15.250. Compensation and expenses. - Members of the committee may receive no compensation for services...

Sec. 23.15.260. Meetings. - The committee shall meet four times a year, but, at...

Sec. 23.15.270. Cooperation with other committees and agencies. - The committee shall work in close cooperation with local committees...

Sec. 23.15.280. Appointment of advisors. - The division of vocational rehabilitation, the State Employment Service, the...

Sec. 23.15.290. Employ people with disabilities week. - Each year the governor shall issue a proclamation designating the...

Sec. 23.15.300. Manner of handling funds. - Funds to carry out AS 23.15.220 - 23.15.320 shall be...

Sec. 23.15.310. Gifts. - The committee may accept property by gift, devise, bequest, or...

Sec. 23.15.315. Fees. - (a) The committee may charge a fee for attendance at...

Sec. 23.15.320. Annual report to governor. - The committee shall annually report its activities during the preceding...

Article 3. Employment Agencies.

Sec. 23.15.330. Exemptions. - AS 23.15.330 - 23.15.520 do not apply to an educational,...

Sec. 23.15.340. Permit. - In order to operate an employment agency, a person shall...

Sec. 23.15.350. Application. - To obtain a permit to operate an employment agency a...

Sec. 23.15.360. Bond. - The department may not issue a permit until the applicant...

Sec. 23.15.370. Investigation of applicant. - Upon application for a permit, the department may make an...

Sec. 23.15.380. Refusal of permit. - The department may, after notice and hearing, refuse to grant...

Sec. 23.15.390. Term of permit; fees. - The fee for filing an application for a permit is...

Sec. 23.15.400. Renewal of permit. - Thirty days before the expiration of a permit the holder...

Sec. 23.15.410. Revocation or suspension of permit. - (a) The department may revoke or suspend a permit if...

Sec. 23.15.420. Limitations on conduct of employment agencies. - The department may not issue a permit to conduct an...

Sec. 23.15.430. Agency to maintain register. - An employment agency shall keep a register containing the name...

Sec. 23.15.440. Records open to inspection. - All registers, books, records, and other papers kept under AS...

Sec. 23.15.450. Applicant's receipt. - An agency shall give to an applicant for employment from...

Sec. 23.15.460. Schedule of fees. - A person conducting an employment agency shall file a schedule...

Sec. 23.15.470. Maximum fees. - After notice and hearing the department shall set a maximum...

Sec. 23.15.480. Return of fees. - If the applicant paying a cash fee fails to obtain...

Sec. 23.15.490. Prohibited acts. - An employment agency may not (1) send out an applicant...

Sec. 23.15.500. Department may adopt regulations. - The department may adopt regulations consistent with AS 23.15.330 -...

Sec. 23.15.510. Violations. - A person who wilfully violates any provision of AS 23.15.330...

Sec. 23.15.520. Definitions. - In AS 23.15.330 - 23.15.520, (1) “employment agency” or “agency”...

Article 4. Alaska Workforce Investment Board.

Sec. 23.15.550. Alaska Workforce Investment Board. - (a) The Alaska Workforce Investment Board is established in the...

Sec. 23.15.555. Appointment and term of members. - (a) Members of the Alaska Workforce Investment Board other than...

Sec. 23.15.560. Compensation. - Members of the Alaska Workforce Investment Board listed in or...

Sec. 23.15.565. Officers. - The Alaska Workforce Investment Board shall elect a chair and...

Sec. 23.15.570. Meetings, quorum, and committees. - (a) The Alaska Workforce Investment Board shall meet not more...

Sec. 23.15.575. Board as state planning entity. - The Alaska Workforce Investment Board shall act as the lead...

Sec. 23.15.580. Functions of the board. - (a) As the lead state planning and coordinating entity, the...

Sec. 23.15.585. Administration. - (a) The governor shall appoint the executive director for the...

Article 5. State Training and Employment Program.

Sec. 23.15.620. State training and employment program. - (a) A program is created in the department to provide...

Sec. 23.15.625. Employment assistance and training program account. - The employment assistance and training program account is established in...

Sec. 23.15.630. Special employee unemployment credit and contributions for program. - (a) In the manner provided in AS 23.20, the department...

Sec. 23.15.635. People to be served. - Within the limits of its grant, an employment assistance and...

Sec. 23.15.636. Implementation of program. - The department and the board shall jointly implement the program...

Sec. 23.15.641. Eligibility of grantees; use of assistance received. - (a) To be eligible for a grant to help cover...

Sec. 23.15.643. Eligibility of program participants. - The department and a person awarded a grant under the...

Sec. 23.15.652. Program accountability. - (a) The department and a person who is awarded a...

Sec. 23.15.654. Appeals. - The department shall adopt regulations that provide for an appeal...

Sec. 23.15.660. Definitions. - In AS 23.15.620 - 23.15.660, (1) “board” means the Alaska...

Article 6. Alaska Technical and Vocational Education.

Sec. 23.15.820. Powers and duties of the Alaska Workforce Investment Board. - (a) The Alaska Workforce Investment Board shall (1) administer the...

Sec. 23.15.830. Alaska technical and vocational education program account. - The Alaska technical and vocational education program account is established...

Sec. 23.15.835. Special employee unemployment contributions for program. - (a) In the manner provided in AS 23.20 and for...

Sec. 23.15.840. Grants for technical and vocational education. - (a) The board shall award grants, in accordance with the...

Sec. 23.15.850. Definitions. - In AS 23.15.820 - 23.15.850, (1) “articulation agreement” means a...

Chapter 20. Alaska Employment Security Act

Article 1. Administration.

Sec. 23.20.005. Purpose. - (a) This chapter shall be liberally construed to accomplish its...

Sec. 23.20.010. Policy. - As a guide to the interpretation and application of this...

Sec. 23.20.020. Maintenance and protection of fund. - If possible, there shall be provided in the fund a...

Sec. 23.20.021. Certain appropriations to the fund. - In accordance with AS 37.07 (Executive Budget Act), the legislature...

Sec. 23.20.022. Actuarial studies. - On December 1, 1975, the commissioner shall submit to the...

Sec. 23.20.025. Establishment of Employment Security Advisory Council. [Repealed, § 16 ch 61 SLA 1995. For Alaska Human Resource Investment Council, see AS 23.15.550 et seq.] - For Alaska Human Resource Investment Council, see AS 23.15.550 et...

Sec. 23.20.030. Director. - (a) Subject to AS 23.20.035, the department shall appoint a...

Sec. 23.20.035. Duties and powers of director. - (a) The director, in accordance with AS 23.20.020 and 23.20.030,...

Sec. 23.20.040. Qualifications of director. - A person may not be appointed director unless the person...

Sec. 23.20.045. Regulations. - The department may adopt regulations under AS 44.62 (Administrative Procedure...

Sec. 23.20.050. Publications. - The department shall have printed for distribution to the public...

Sec. 23.20.055. Department records; admissibility. - (a) The department may make summaries, compilations, photographs, duplications, or...

Sec. 23.20.060. Oaths and witnesses. - In administering this chapter, the department may administer oaths and...

Sec. 23.20.065. Subpoenas. - In case of contumacy, or refusal to obey a subpoena...

Sec. 23.20.070. Self-incrimination. - A person may not be excused from attending and testifying...

Sec. 23.20.075. Acquisition of land and buildings. - (a) The department may acquire in the name of the...

Sec. 23.20.077. Application for demonstration programs. - (a) The Department of Labor and Workforce Development shall pursue...

Sec. 23.20.080. Federal-state cooperation. - (a) In the administration of this chapter, the department shall...

Sec. 23.20.085. Interstate benefit payments. - (a) The department shall enter into reciprocal arrangements with appropriate...

Sec. 23.20.090. Reciprocal coverage and cooperation. - (a) The commissioner may enter into reciprocal arrangements with appropriate...

Sec. 23.20.095. Exchange of services, facilities, and information. - (a) The administration of this chapter and of other state...

Sec. 23.20.100. Public employment offices. - The department shall establish and maintain free public employment offices...

Sec. 23.20.105. Employing units to keep records and reports. - An employing unit shall keep work records containing information which...

Sec. 23.20.110. Information obtained by department. - (a) Except for disclosures required by 42 U.S.C. 503, as...

Sec. 23.20.115. Unauthorized disclosure of information. - A member of the department, an employee of the department,...

Sec. 23.20.120. Examination of bank. - The department may request the Comptroller of the Currency of...

Article 2. Funds.

Sec. 23.20.130. Unemployment compensation fund; training and building fund; establishment and control. - (a) There shall be maintained, as special funds separate and...

Sec. 23.20.135. Accounts and deposit. - (a) The commissioner of revenue is ex officio the treasurer...

Sec. 23.20.140. Advances. - When, in accordance with 42 U.S.C. 1321 - 1324 (Title...

Sec. 23.20.145. Withdrawals. - (a) In accordance with regulations adopted by the department, money...

Sec. 23.20.150. Discontinuance of unemployment trust fund. - (a) To the extent that AS 23.20.130 - 23.20.140 relate...

Sec. 23.20.155. Employment security administration fund. - (a) There is created a special fund in the state...

Sec. 23.20.160. Reimbursement of fund. - If money received from the Department of Labor under 42...

Article 3. Contributions.

Sec. 23.20.165. Payment of contributions. - (a) Contributions with respect to wages for employment accrue and...

Sec. 23.20.170. Rate of contributions. - (a) [Repealed, § 80 ch 9 SLA 1980.] (b) An...

Sec. 23.20.175. Base of contributions. - (a) [Repealed, § 30 ch 100 SLA 1989.] (b) [Repealed,...

Sec. 23.20.180. Records and analysis of experience with unemployment risk. - For each calendar year the department shall maintain separate accounts...

Sec. 23.20.185. Interest on past due contributions. - (a) If contributions are not paid on the date on...

Sec. 23.20.190. Penalty for failure to file reports. - (a) An employer required to pay contributions under the provisions...

Sec. 23.20.195. Penalty for nonpayment of contribution. - (a) If the contributions are unpaid after 30 days from...

Sec. 23.20.200. Lien. - (a) A claim for contributions, including interest and penalties, not...

Sec. 23.20.205. Notice of assessment, distraint, seizure, and sale. - (a) If the department finds that a contribution including interest...

Sec. 23.20.210. Inventory and sale. - (a) Upon making a distraint, the department shall seize the...

Sec. 23.20.215. Notice and order to withhold and deliver. - (a) The department may issue a notice and order to...

Sec. 23.20.220. Appeals. - (a) When a notice of assessment is delivered or mailed...

Sec. 23.20.225. Adjustments and refunds. - (a) Within two years after contributions or interest are erroneously...

Sec. 23.20.230. Arbitrary reports. - If an employing unit fails or neglects to make or...

Sec. 23.20.235. Jeopardy assessment. - If the department has reason to believe that an employer...

Sec. 23.20.240. Collection of delinquent contributions. - (a) If after notice an employer defaults in the payment...

Sec. 23.20.242. Appeals by officer, manager, member, or employee. - The department shall permit each officer or employee of a...

Sec. 23.20.245. Remedies cumulative. - Remedies given to the state under this chapter for the...

Sec. 23.20.247. Employer's security for delinquent contributions. - (a) If the department determines that an employer has been...

Sec. 23.20.248. Injunctive relief. - (a) If an employer does not deposit and keep on...

Sec. 23.20.250. Lien upon distribution or assignment of assets. - (a) If the assets of an employer are distributed under...

Sec. 23.20.255. Compromise of contributions. - (a) The department may compromise a claim for contributions, interest,...

Sec. 23.20.260. Liability of successor employer. - (a) The contributions required by this chapter are a lien...

Sec. 23.20.265. Liability of contractor and principal for contributions. - (a) An employing unit which contracts with or has under...

Sec. 23.20.270. Limitation of actions and uncollectible accounts. - (a) The department shall begin action for the collection of...

Sec. 23.20.275. Service of process. - Process for assessment and collection of contributions may be served...

Sec. 23.20.276. Financing benefits paid to employees of nonprofit organizations; election. - (a) Benefits paid to employees of nonprofit organizations shall be...

Sec. 23.20.277. Reimbursement payments by nonprofit organizations, governmental entities, and federally recognized tribes. - (a) Payments in place of contributions by nonprofit organizations shall...

Sec. 23.20.278. Financing benefits paid to employees of the state, political subdivisions of the state, or a federally recognized tribe. - A federally recognized tribe, a political subdivision, or a department,...

Sec. 23.20.279. Prohibition on relief of certain charges to an employer's account. - (a) An employer's account may not be relieved of charges...

Article 4. Experience Rating.

Sec. 23.20.280. Eligible employer. - (a) An employer is eligible for a rate determination in...

Sec. 23.20.281. Ineligible employer. - An employer who has been subject to this chapter less...

Sec. 23.20.285. Quarterly decline quotients. - (a) The department shall determine each eligible employer's contribution rate...

Sec. 23.20.290. Rate determination. - (a) The department shall determine each eligible employer's ratable payroll....

Sec. 23.20.293. Requirement to notify the department of a business change and acquisitions. - (a) An employing unit that has a change in ownership,...

Sec. 23.20.295. Rates for successors in business. - (a) When an employing unit, whether or not an employer...

Sec. 23.20.297. Special standards addressing transfers of experience and assignment of rates. - (a) The following standards apply regarding assignment of rates and...

Sec. 23.20.299. Obtaining an unemployment contribution rate by deception. - (a) A person who violates AS 23.20.297(b) or (c) commits...

Sec. 23.20.300. Corrections and adjustments. - Corrections or modifications of an employer's payroll may be taken...

Sec. 23.20.305. Application for review. - (a) The department shall promptly notify each employer of the...

Sec. 23.20.310. Definitions for AS 23.20.280 - 23.20.310. - In AS 23.20.280 - 23.20.310, (1) “business” means a trade...

Article 5. Coverage.

Sec. 23.20.315. Coverage determination. - (a) On its own motion or on the application of...

Sec. 23.20.320. Conclusiveness of determination. - A determination of the status of an employing unit by...

Sec. 23.20.325. Elective coverage of excluded service. - (a) A service performed for an employing unit which is...

Article 6. Benefits.

Sec. 23.20.330. Claims. - Claims for benefits and notices of unemployment shall be made...

Sec. 23.20.335. Notice to employees. - An employer shall post and maintain in places readily accessible...

Sec. 23.20.340. Determination of claims. - (a) An examiner designated by the department shall take the...

Sec. 23.20.345. Payment of benefits. - Benefits are payable from the fund. All benefits shall be...

Sec. 23.20.350. Amount of benefits. - (a) An individual who is paid at least $2,500 in...

Sec. 23.20.353. Supplemental state benefits. - (a) An individual is eligible to receive supplemental state benefits...

Sec. 23.20.354. State interim benefits. - (a) There is established a state interim benefits program. State...

Sec. 23.20.360. Earnings deducted from weekly benefit amount. - The amount of benefits, excluding the allowance for dependents, payable...

Sec. 23.20.362. Disqualifying or deductible income. - (a) The amount of benefits payable to an insured worker...

Sec. 23.20.365. Limited liability of state. - Benefits are considered due and payable under this chapter only...

Sec. 23.20.370. Benefits of decedent or incompetent. - Benefits due and payable to a deceased or judicially declared...

Sec. 23.20.375. Filing requirements. - (a) An insured worker is entitled to receive waiting-week credit...

Sec. 23.20.376. Base period extension and limitation. - (a) If the department finds that during the individual's base...

Sec. 23.20.378. Able to work and available for suitable work. - (a) An insured worker is entitled to receive waiting-week credit...

Sec. 23.20.379. Voluntary quit, discharge for misconduct, and refusal of work. - (a) An insured worker is disqualified for waiting-week credit or...

Sec. 23.20.381. Other disqualifications. - (a) Benefits are not payable to any individual on the...

Sec. 23.20.382. Benefits while attending approved vocational training course. - (a) Benefits or waiting-week credit for any week may not...

Sec. 23.20.383. Labor dispute disqualification. - (a) An insured worker is disqualified for waiting-week credit or...

Sec. 23.20.385. Suitable work. - (a) Work may not be considered suitable and benefits may...

Sec. 23.20.387. Disqualification for misrepresentation. - (a) An insured worker is disqualified for benefits for the...

Sec. 23.20.390. Recovery of improper payments; penalty. - (a) An individual who receives a sum as benefits from...

Sec. 23.20.392. Deductions from back pay awards. - An employer who makes a deduction from a back pay...

Sec. 23.20.395. Waiver of rights void. - (a) An agreement by an individual to waive, release, or...

Sec. 23.20.400. Limitation of fees. - (a) An individual claiming benefits may not be charged a...

Sec. 23.20.401. Child support interception. - (a) Notwithstanding any other provision of this chapter, an individual...

Sec. 23.20.403. Voluntary income tax withholding. - (a) When an individual files a new claim for unemployment...

Sec. 23.20.405. Assignment void; exemption of benefits. - (a) An assignment, pledge, or encumbrance of a right to...

Article 7. Extended Unemployment Compensation.

Sec. 23.20.406. Extended benefits. - (a) Except when the result would be inconsistent with other...

Sec. 23.20.407. Weekly extended benefit amount; total payable. - (a) The weekly extended benefit amount payable to an individual...

Sec. 23.20.408. Extended benefit periods. - (a) When an extended benefit period is to become effective...

Sec. 23.20.409. Definitions for AS 23.20.406 - 23.20.409. - In AS 23.20.406 - 23.20.409, (1) “applicable benefit year” means,...

Article 8. Appeals.

Sec. 23.20.410. Appeal tribunals. - The department shall appoint one or more referees, each of...

Sec. 23.20.415. Review by appeal tribunal. - (a) A party entitled to notice of determination provided in...

Sec. 23.20.420. Hearing procedure and record. - (a) Each party shall be promptly given a reasonable opportunity...

Sec. 23.20.425. Consolidated appeals. - (a) When the same or substantially similar evidence is material...

Sec. 23.20.430. Notice of decision and time for appeal. - After a hearing an appeal tribunal shall promptly make findings...

Sec. 23.20.435. Review by department. - (a) An appeal to the department by a party is...

Sec. 23.20.440. Removal of appeal to department. - The department may remove to itself or transfer to another...

Sec. 23.20.445. Notice of decision of department and judicial review. - Each party, including the properly designated representative of the department,...

Sec. 23.20.450. Conclusiveness of final determinations and decisions. - (a) Except to the extent there is a redetermination under...

Sec. 23.20.455. Rule of decision and certification to department. - (a) Final decisions of the department and the principles of...

Sec. 23.20.460. Limitation of fees. - A claimant may not be charged fees or costs of...

Sec. 23.20.465. Representation of claimant. - A claimant in a proceeding before the department or an...

Sec. 23.20.470. Attorney fees. - (a) An attorney at law representing a claimant on appeal...

Article 9. General Provisions.

Sec. 23.20.475. Amendment or repeal. - There may be no vested right of any kind against...

Sec. 23.20.480. Termination. - (a) If the Federal Unemployment Tax Act is amended or...

Sec. 23.20.485. False statement to secure benefits. - A person who makes a false statement or misrepresentation knowing...

Sec. 23.20.486. Participation in the federal offset program. - In addition to any remedies authorized by this chapter, the...

Sec. 23.20.490. Acts of employer prohibited. - (a) An employing unit or an officer or agent of...

Sec. 23.20.495. Noncompliance with subpoena of agency. - A person who, without just cause, fails or refuses to...

Sec. 23.20.497. Binding effect of department decisions. - (a) A finding of fact or law, judgment, conclusion, or...

Sec. 23.20.500. Violation of statute or regulations. - A person who wilfully violates a provision of this chapter...

Sec. 23.20.505. Unemployed defined. - (a) An individual is considered “unemployed” in a week during...

Sec. 23.20.510. Pay period. - (a) If the service performed during one-half or more of...

Sec. 23.20.520. Definitions. - In this chapter, unless the context otherwise requires, (1) “American...

Sec. 23.20.525. “Employment” defined. - (a) In this chapter, unless the context otherwise requires, “employment”...

Sec. 23.20.526. Exclusions from definition of “employment”. - (a) In this chapter, unless the context otherwise requires, “employment”...

Sec. 23.20.530. Wages defined. - (a) In this chapter, “wages” means all remuneration for service...

Sec. 23.20.535. Short title. - This chapter may be cited as the Alaska Employment Security...

Chapter 25. Employer's Liability for Negligence

Sec. 23.25.010. Liability to employees for defects or insufficiency of machinery. - A person engaged in manufacturing, mining, constructing, building, or other...

Sec. 23.25.020. Contributory negligence not a defense. - In an action against a master or employer under AS...

Sec. 23.25.030. Contract, insurance, or indemnity is not a defense. - (a) No contract of employment, insurance, relief benefit, indemnity for...

Sec. 23.25.040. Prerequisites to maintenance of action. - An action may not be maintained under this chapter unless...

Chapter 30. Alaska Workers' Compensation Act

Article 1. Administration.

Sec. 23.30.001. Legislative intent. - It is the intent of the legislature that (1) this...

Sec. 23.30.002. Division of workers' compensation; director. - The division of workers' compensation is established in the department....

Sec. 23.30.005. Alaska Workers' Compensation Board. - (a) The Alaska Workers' Compensation Board consists of a southern...

Sec. 23.30.007. Workers' Compensation Appeals Commission. - (a) There is established in the Department of Labor and...

Sec. 23.30.008. Powers and duties of the commission. - (a) The commission shall be the exclusive and final authority...

Sec. 23.30.009. Powers and duties of the chair of the commission. - (a) The chair of the commission shall exercise general supervision...

Sec. 23.30.010. Coverage. - (a) Except as provided in (b) of this section, compensation...

Sec. 23.30.011. Extraterritorial coverage. - (a) If an employee, while working outside the territorial limits...

Sec. 23.30.012. Agreements in regard to claims. - (a) At any time after death, or after 30 days...

Sec. 23.30.015. Compensation where third persons are liable. - (a) If on account of disability or death for which...

Sec. 23.30.017. Immunity for third-party design professional. - (a) A person entitled to compensation under this chapter as...

Sec. 23.30.020. Chapter part of contract of hire. - This chapter constitutes part of every contract of hire, express...

Sec. 23.30.022. False statements by employee. - An employee who knowingly makes a false statement in writing...

Sec. 23.30.025. Approval and coverage of insurance policies. - (a) An insurer may not enter into or issue a...

Sec. 23.30.030. Required policy provisions. - A policy of a company insuring the payment of compensation...

Sec. 23.30.035. Adjustment of insurance rates. - If the provisions of this chapter require insurance rates adjustments,...

Sec. 23.30.040. Second injury fund. - (a) There is created a second injury fund, administered by...

Sec. 23.30.041. Rehabilitation and reemployment of injured workers. - (a) The director shall select and employ a reemployment benefits...

Article 2. Duties of Employer.

Sec. 23.30.045. Employer's liability for compensation. - (a) An employer is liable for and shall secure the...

Sec. 23.30.050. Employer's liability despite negligence of a third party. - The liability of an employer for medical treatment is not...

Sec. 23.30.055. Exclusiveness of liability. - The liability of an employer prescribed in AS 23.30.045 is...

Sec. 23.30.060. Election of direct payment presumed. - (a) An employer is conclusively presumed to have elected to...

Sec. 23.30.065. Employer's record of injuries. - An employer shall keep a record with respect to an...

Sec. 23.30.070. Report of injury to division. - (a) Within 10 days from the date the employer has...

Sec. 23.30.075. Employer's liability to pay. - (a) An employer under this chapter, unless exempted, shall either...

Sec. 23.30.080. Employer's failure to insure. - (a) If an employer fails to comply with AS 23.30.075...

Sec. 23.30.082. Workers' compensation benefits guaranty fund. - (a) The workers' compensation benefits guaranty fund is established in...

Sec. 23.30.085. Duty of employer to file evidence of compliance. - (a) An employer subject to this chapter, unless exempted, shall...

Sec. 23.30.090. Self-insurance certificates. - If an employer has complied with the provisions of this...

Sec. 23.30.092. Volunteer ambulance attendants', police officers', firefighters', and search and rescue personnel's insurance. - A political subdivision may elect to provide benefits and compensation...

Sec. 23.30.095. Medical treatments, services, and examinations. - (a) The employer shall furnish medical, surgical, and other attendance...

Sec. 23.30.097. Fees for medical treatment and services. - (a) All fees and other charges for medical treatment or...

Sec. 23.30.098. Regulations. - Under AS 44.62.245(a)(2), in adopting or amending regulations under this...

Article 3. Compensation Proceedings.

Sec. 23.30.100. Notice of injury or death. - (a) Notice of an injury or death in respect to...

Sec. 23.30.105. Time for filing of claims. - (a) The right to compensation for disability under this chapter...

Sec. 23.30.107. Release of information. - (a) Upon written request, an employee shall provide written authority...

Sec. 23.30.108. Prehearings on discovery matters; objections to requests for release of information; sanctions for noncompliance. - (a) If an employee objects to a request for written...

Sec. 23.30.110. Procedure on claims. - (a) Subject to the provisions of AS 23.30.105, a claim...

Sec. 23.30.115. Attendance and fees of witnesses. - (a) A person is not required to attend as a...

Sec. 23.30.120. Presumptions. - (a) In a proceeding for the enforcement of a claim...

Sec. 23.30.121. Presumption of coverage for disability from diseases for certain firefighters. - (a) There is a presumption that a claim for compensation...

Sec. 23.30.122. Credibility of witnesses. - The board has the sole power to determine the credibility...

Sec. 23.30.125. Administrative review of compensation order. - (a) A compensation order becomes effective when filed with the...

Sec. 23.30.127. Appeals to commission. - (a) A party in interest may appeal a compensation order...

Sec. 23.30.128. Commission proceedings. - (a) An appeal from a decision of the board under...

Sec. 23.30.129. Judicial review of commission orders. - (a) Notwithstanding the provisions of AS 44.62.560, orders of the...

Sec. 23.30.130. Modification of awards. - (a) Upon its own initiative, or upon the application of...

Sec. 23.30.135. Procedure before the board. - (a) In making an investigation or inquiry or conducting a...

Sec. 23.30.140. Appointment of guardian by court. - The director may require the appointment of a guardian or...

Sec. 23.30.145. Attorney fees. - (a) Fees for legal services rendered in respect to a...

Article 4. Payment of Compensation.

Sec. 23.30.150. Commencement of compensation. - Compensation may not be allowed for the first three days...

Sec. 23.30.155. Payment of compensation. - (a) Compensation under this chapter shall be paid periodically, promptly,...

Sec. 23.30.160. Assignment and exemption of claims. - (a) An assignment, release, or commutation of compensation or benefits...

Sec. 23.30.165. Lien. - (a) Each employee and beneficiary entitled to compensation under the...

Sec. 23.30.170. Collection of defaulted payments. - (a) In case of default by the employer in the...

Article 5. Computation of Compensation.

Sec. 23.30.175. Rates of compensation. - (a) The weekly rate of compensation for disability or death...

Sec. 23.30.180. Permanent total disability. - (a) In case of total disability adjudged to be permanent...

Sec. 23.30.185. Compensation for temporary total disability. - In case of disability total in character but temporary in...

Sec. 23.30.187. Effect of unemployment benefits. - Compensation is not payable to an employee under AS 23.30.180...

Sec. 23.30.190. Compensation for permanent partial impairment; rating guides. - (a) In case of impairment partial in character but permanent...

Sec. 23.30.195. Survival of the right to compensation. - (a) Compensation to which any claimant would be entitled under...

Sec. 23.30.200. Temporary partial disability. - (a) In case of temporary partial disability resulting in decrease...

Sec. 23.30.205. Injury combined with preexisting impairment. - (a) If an employee who has a permanent physical impairment...

Sec. 23.30.215. Compensation for death. - (a) If the injury causes death, the compensation is known...

Sec. 23.30.220. Determination of spendable weekly wage. - (a) Computation of compensation under this chapter shall be on...

Sec. 23.30.224. Coordination of benefits. - (a) Notwithstanding other provisions of this chapter, an employer's liability...

Sec. 23.30.225. Social security and pension or profit sharing plan offsets. - (a) When periodic retirement or survivors' benefits are payable under...

Article 6. General Provisions.

Sec. 23.30.230. Persons not covered. - (a) The following persons are not covered by this chapter:...

Sec. 23.30.235. Cases in which no compensation is payable. - Compensation under this chapter may not be allowed for an...

Sec. 23.30.236. Members of the organized militia as employees. - (a) A member of the organized militia who has been...

Sec. 23.30.237. High school students in work-study programs as employees of the state. - An individual who is enrolled for credit at a public...

Sec. 23.30.238. Volunteer emergency medical technicians as employees. - (a) A person who is injured during the course and...

Sec. 23.30.239. Sole proprietors and partners as employees. - (a) A person who is a sole proprietor, or a...

Sec. 23.30.240. Officers of corporations, municipal corporations, and nonprofit corporations, and members of limited liability companies as employees. - (a) Except as provided in (b) of this section, an...

Sec. 23.30.241. Special officers as employees. - (a) A special officer appointed under AS 18.65.010(a) is considered...

Sec. 23.30.242. Members of state boards and commissions as employees. - (a) A member of a state board or commission is...

Sec. 23.30.243. Extending coverage to certain firefighters. - (a) For the purposes of workers' compensation any injury, disability...

Sec. 23.30.244. Emergency and disaster relief forces as state employees. - (a) A resident of this state temporarily engaged as a...

Sec. 23.30.245. Invalid agreements. - (a) An agreement by an employee to pay a portion...

Sec. 23.30.246. Search and rescue personnel as state employees. - (a) A resident of the state who temporarily volunteers to...

Sec. 23.30.247. Discrimination prohibited. - (a) An employer may not discriminate in hiring, promotion, or...

Sec. 23.30.250. Penalties for fraudulent or misleading acts; damages in civil actions. - (a) A person who (1) knowingly makes a false or...

Sec. 23.30.255. Penalty for failure to pay compensation. - (a) An employer required to secure the payment of compensation...

Sec. 23.30.260. Penalty for receiving unapproved fees and soliciting. - (a) A person is guilty of a misdemeanor and, upon...

Sec. 23.30.263. Immunity from civil liability for workplace safety inspections. - An employer's safety inspector is not liable for civil damages...

Sec. 23.30.280. Investigation of fraud; staffing. - (a) The director shall establish a section within the division...

Sec. 23.30.395. Definitions. - In this chapter, (1) “adoption” or “adopted” means legal adoption...

Sec. 23.30.400. Short title. - This chapter may be cited as Alaska Workers' Compensation Act.

Chapter 35. Commercial Fishermen's Fund

Sec. 23.35.010. Creation of Fishermen's Fund Advisory and Appeals Council. - There is within the Department of Labor and Workforce Development...

Sec. 23.35.020. Appointment and composition of council. - The council is composed of the commissioner of labor and...

Sec. 23.35.030. Commissioner or designee as chair. - The commissioner of labor and workforce development or the person...

Sec. 23.35.040. Duties of commissioner and council. - (a) The council shall (1) review all denials of benefits...

Sec. 23.35.050. Regulations. - The department may adopt regulations to carry out the purposes...

Sec. 23.35.060. Creation and administration of fishermen's fund. - (a) There is created a fund, designated as the “fishermen's...

Sec. 23.35.070. Benefits. - A fisherman, upon becoming disabled, is entitled to receive benefits...

Sec. 23.35.080. Emergency treatment for cardio-vascular diseases. - The department may pay the costs, within the maximum limitations,...

Sec. 23.35.090. Assistance after discharge. - A fisherman is also entitled to such assistance after discharge...

Sec. 23.35.100. Transportation, hospital, nursing, medical, and surgical expenses. - The department may pay out of the fund all reasonable...

Sec. 23.35.110. Contracts for care. - In carrying out this chapter, the department may enter into...

Sec. 23.35.120. Cooperation with other agencies. - In providing care the department shall provide the type and...

Sec. 23.35.130. Duration of care. - Except for compelling reasons, compensation may not be paid for...

Sec. 23.35.140. Limitation on benefits. - (a) Except for compelling reasons, (1) compensation may not be...

Sec. 23.35.145. Claim of vessel owner. - If a fisherman files a claim for benefits under this...

Sec. 23.35.150. Definitions. - In this chapter, (1) “approved medical facilities” and “medical care”...

Chapter 40. Labor Organizations

Article 1. Local Organizations and Ferry System Employees.

Sec. 23.40.020. Enforcement of certain contracts only if union registers. - A labor contract executed in this state by a labor...

Sec. 23.40.030. Definition of labor organization. - For the purpose of AS 23.40.020 - 23.40.040 “labor organization”...

Sec. 23.40.040. Collective bargaining agreement. - The commissioner of transportation and public facilities or an authorized...

Article 2. Public Employment Relations Act.

Sec. 23.40.070. Declaration of policy. - The legislature finds that joint decision-making is the modern way...

Sec. 23.40.075. Items not subject to bargaining. - The parties may not negotiate terms contrary to the (1)...

Sec. 23.40.080. Rights of public employees. - Public employees may self-organize and form, join, or assist an...

Sec. 23.40.090. Collective bargaining unit. - The labor relations agency shall decide in each case, in...

Sec. 23.40.100. Representatives and elections. - (a) The labor relations agency shall investigate a petition if...

Sec. 23.40.110. Unfair labor practices. - (a) A public employer or an agent of a public...

Sec. 23.40.120. Investigation and conciliation of complaints. - If a verified written complaint by or for a person...

Sec. 23.40.130. Complaint and accusation. - If the labor relations agency fails to eliminate the prohibited...

Sec. 23.40.140. Orders and decisions. - If the labor relations agency finds that a person named...

Sec. 23.40.150. Enforcement by injunction. - The labor relations agency may apply to the superior court...

Sec. 23.40.160. Power to investigate and compel testimony. - (a) For the purpose of the investigations, proceedings, or hearings...

Sec. 23.40.170. Regulations. - The labor relations agency may adopt regulations under AS 44.62...

Sec. 23.40.180. Penalty for violation of order or decision. - A person who violates a provision of an order or...

Sec. 23.40.190. Mediation. - If, after a reasonable period of negotiation over the terms...

Sec. 23.40.200. Classes of public employees; arbitration. - (a) For purposes of this section, public employees are employed...

Sec. 23.40.205. Family leave. - Notwithstanding any provision of AS 23.40.070 - 23.40.260 to the...

Sec. 23.40.210. Agreement; cost-of-living differential. - (a) Upon the completion of negotiations between an organization and...

Sec. 23.40.212. Agreement with the Board of Regents. - (a) The Board of Regents of the University of Alaska...

Sec. 23.40.215. Monetary terms subject to legislative funding. - (a) The monetary terms of any agreement entered into under...

Sec. 23.40.220. Labor or employee organization dues and employee benefits, deduction and authorization. - Upon written authorization of a public employee within a bargaining...

Sec. 23.40.225. Exemption based on religious convictions. - Notwithstanding the provisions of AS 23.40.220, a collective bargaining settlement...

Sec. 23.40.235. Public involvement in school district negotiations. - Before beginning bargaining, the school board of a city or...

Sec. 23.40.240. Effect on certain units, representatives, and agreements. - Nothing in this chapter terminates or modifies a collective bargaining...

Sec. 23.40.245. Postsecondary student involvement in collective bargaining. - (a) When a bargaining unit includes members of the faculty...

Sec. 23.40.250. Definitions. - In AS 23.40.070 - 23.40.260, unless the context otherwise requires,...

Sec. 23.40.255. Applicability to political subdivisions, including school districts. - (a) AS 23.40.070 - 23.40.260 is applicable to organized boroughs...

Sec. 23.40.260. Short title. - AS 23.40.070 - 23.40.260 may be cited as the Public...

Chapter 50. Collective Negotiation by Physicians

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Alaska Statutes Title 23. Labor and Workers' Compensation

Alaska Statutes
Title 23. Labor and Workers' Compensation