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All workers in Alaska are entitled to fair pay and safe working conditions. Many workers are unaware of their rights, and this can lead to injustice. The purpose of this commentary is to educate workers in Alaska about their rights to make sure that they are paid and treated fairly.
When someone begins work in Alaska, they should sign a written contract from their employer before they begin work. The contract must explain three things:
• How much the employee will be paid.
• How often the employee will be paid.
• How the employee will be paid.
Most workers in Alaska are entitled to the state minimum wage of $11.73 per hour. There are a few exceptions, but if an employee is being paid less than minimum wage, they should contact the Department of Labor to verify. Most workers in Alaska are also entitled to overtime pay. There are two different ways to earn overtime pay:
• If employees work more than eight hours in a single day, they qualify for overtime pay for each additional hour worked.
•If employees work more than 40 hours in a single week, they qualify for overtime pay for each additional hour worked.
Overtime pay is calculated as base pay plus half of base pay, commonly called, “time and a half.” If someone is earning $20 per hour, then their overtime pay rate is $30 per hour. If an employee is making the state minimum wage of $11.73 per hour, then their overtime pay rate is $17.60 per hour.
The most common method of payment is by paycheck. When an employer pays by check, the employee must have a way to cash or deposit the full amount of the check. In other words, if the employee cashes the check, the bank should not charge a fee for cashing that check. It is the employer’s responsibility to ensure that employees can cash their checks without a fee being assessed.
It is legal for employers to make deductions from their employees’ paychecks. Lawful payroll deductions are for things like federal income tax and federal insurance contributions. Another common authorized deduction is for room and board. This is especially common in seasonal employment; however, if an employee is making minimum wage, the employer cannot deduct more than $20 per day for room and board. If the employee is making more than minimum wage, the amount for room and board can be any reasonable amount. There should always be a written agreement between the employer and employee about what will be deducted out of the employee’s paycheck before the deduction is made.
Employees should beware of unlawful deductions. A common example of an unlawful deduction would be taking money out of an employee’s check for a customer leaving without paying. Other unlawful deductions are for damage of tools used for their work or for cash register shortages.
An employer who provides or pays for transportation for an employee from the place of hire to a workplace shall, when the job comes to an end, provide the person with return transportation to the place of hire, or to a destination agreed upon by both parties. Return transportation must be provided on or after termination of employment for a cause considered good and sufficient, or for reasons beyond the person’s control, or after the end of the contract.
If an employer fires an employee to whom return transportation is due, return transportation must still be provided unless the reason for firing is that the employee lied on their employment application, was intoxicated on the job, engaged in fighting, or had more than three consecutive unexcused absences from work. Return transportation is not due if an employee voluntarily quits their position unless the employee’s reason for termination is that the employer lied about wages, working hours, or lodging, or for unsafe or unhealthy working conditions.
When an employee is owed return transportation and immediate transportation back to the point of hire is unavailable, the employee is entitled to board and lodging provided by the employer or $100 per day furnished by employer for living expenses. This is due from the date of termination until the date that transportation becomes available for up to 10 days.
Employees should keep accurate independent records of their daily and weekly hours worked. Employers, under the law, are required to keep records of their employee’s work time. If employees have their own records to rely on, they have evidence to support being paid their full wages if there is a dispute.
If an employee believes that their rights as a worker have been violated, they can email the Wage and Hour Division of the Alaska Department of Labor at statewide.wagehour@alaska.gov, or they can call the office at (907) 269-4900, Tuesday through Thursday, between 8:30 a.m. and 4:30 p.m. An employee does not need to speak English to contact the Department of Labor.
The Alaska Department of Labor is tasked with ensuring all workers in Alaska receive fair compensation. A person can contact the Department of Labor even if they do not have permission to work in Alaska. Remember, all workers in Alaska, regardless of their status, are entitled to fair pay and safe working conditions. The department has assisted folks who have been deported in receiving pay that they were denied by Alaska employers. If a person is unsure about whether they have a legitimate complaint, contact the department and ask.
Rep. Andrew Gray represents the U-Med district in the Alaska State House and hosts the weekly podcast, The East Anchorage Book Club. The information in this commentary is based on an interview conducted with Jeremy Applegate, the chief of wage and hour at the Alaska Department of Labor. That interview can be heard in its entirety on the East Anchorage Book Club Podcast. There are also abbreviated versions of that episode available in Spanish, Filipino, Ukrainian, Hmong and Korean.
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