Employment Law in Alaska

If you have suffered treatment from an employer in Alaska that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.

What Is Employment Law?

Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.

Understanding Employment Law Labor Rights in Alaska

Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.

Wage and Hour Laws

Wage and hour laws protect non-exempt employees by ensuring fair pay and setting limits on work hours. These laws establish the minimum wages employees can earn and require overtime pay for eligible workers who exceed a certain number of hours.

In , wage and hour laws include specific provisions unique to the state, but they must also meet federal standards. For example, while the federal minimum wage is $7.25, many states, including , have set higher minimum wage requirements to better reflect local living costs.

The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours each day.

According to Alaska’s Department of Labor and Workforce Development, the state-mandated minimum wage is $10.34 per hour. Additionally, if an Alaska employer has four or more employees, they are required by law to provide overtime. Specifically, if you work more than 8 hours a day and/or more than 40 hours in a week, you must be paid time-and-one-half your regular wage for the extra hours. Be aware, it is unlawful for an employer in Alaska to give you compensatory time instead of paying your overtime on your paycheck.

Workers’ Compensation

If you’ve been injured on the job in Alaska , you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.

In order to be eligible for workers’ compensation, you must meet these requirements:

  • You must be an employee.
  • You must have a work-related illness or injury.
  • Your employer must carry workers’ comp insurance.
  • You must meet the deadline for filing workers’ comp claims.

There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact an experienced Alaska attorney for assistance with your case.

Termination Rights under Alaska Employment Law

If you live in an at-will state, or your employment is “at-will,” you can be terminated from your job without notice and cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be a wrongful termination.

Here are some reasons your termination might be wrongful even if you are an at-will employee:

  • Written promises or contracts
  • Implied promises
  • Violations of public policy
  • Breaches of good faith and fair dealing
  • Workplace retaliation
  • Discrimination
  • Defamation
  • Fraud
  • Whistleblowing violations

Alaska Public Media reported that Alaska does not have right-to-work laws that prohibit contracts between employers and labor unions requiring workers to pay union dues. This means that in Alaska, becoming a dues-paying union member can be a condition of employment.

Although sometimes it is confused with “right-to-work”, “at-will” employment has a different meaning. Specifically, at-will employment is about the ability of an employer to fire (or an employee to quit) at any time for any lawful reason at all, without consequence.

If you believe your termination was wrongful due to the above circumstances, then contact a qualified Alaska employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.

Unemployment Benefits

If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. If it’s approved, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for several reasons, including:

  • If you were fired for misconduct.
  • You voluntarily quit your job.
  • You do not have enough earnings during the work period.

If your claim is denied, then you can appeal the decision if you think it’s the wrong choice. Working with an experienced Alaska attorney during the appeal process can improve your chances of winning the case.

Paid and Unpaid Time Off

Additionally, some states require paid time off as well as medical and family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary from state to state, but typically PTO is accrued over time and you’ll get a set amount of PTO days per year.

Some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO or your employer doesn’t follow your state’s medical or family leave laws, you can file a complaint.

According to the National Conference of State Legislatures, Alaska does not have laws requiring employers to provide employees with sick leave, vacation pay, or severance pay. An employer in Alaska only pays these benefits if they have a policy or contract to pay such benefits. However, Alaska’s Department of Labor and Workforce Development will enforce an employer’s own rules.

Child Labor Laws

Child labor laws are a lot more strict than regular labor laws and require employers to be extra careful when scheduling minors. Each state has its child labor laws that outline the number of hours a minor can work per week. These include how often they should have breaks, how many days in a row they can work, and how late they can work each night.

The Alaska Child Labor Law prohibits children under 18 from working more than 6 days a week in Alaska. Furthermore, children under 14 can only work in newspaper delivery, domestic employment, and the entertainment industry. The Law also prohibits minors from working in a myriad of occupations. Some of these include explosives handling, and the operation of elevators. For acceptable occupations, employers in Alaska must fill out a General Duties Work Permit to employ a minor.

Alaska Employment Anti-Discrimination Laws

A collection of federal anti-discrimination laws protects workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:

  • Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
  • Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
  • Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
  • Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
  • Equal Pay Act: Requires employers to give men and women equal pay for equal work.

Sexual Harassment

If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is being sexually harassed in the workplace, report it to your HR department.

According to the Alaska State Commission for Human Rights, Alaska’s Human Rights Law makes sexual harassment in the workplace illegal. As well, retaliation for complaining about sexual harassment is unlawful. The Law considers the following behaviors to be sexual harassment:

  • Unwelcome sexual advances
  • Requests for sexual favors
  • Sexual comments or conduct that interferes with our work or creates a hostile work environment
  • Your employer made decisions about your job based on whether you accepted or rejected sexual advances, comments, or conduct

Work With an Experienced Alaska Employment Lawyer

If you have employment law concerns, or you’re currently preparing for a case in Alaska , then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across Alaska state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

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