Alaska Wage and Hour FAQs

Answers to Alaska Overtime, Wage and Hour Questions

Back to Alaska Overtime Law

What is Alaska's minimum wage?

Effective July 24, 2009, the minimum wage in Alaska is $7.25 per hour. Starting Jan. 1, 2010, the minimum wage in Alaska will be $7.75 per hour.

What are Alaska's overtime laws?

Most Alaskan workers must be given overtime compensation at a rate of time-and-a-half the employee's regular rate for any hours worked over 8 per day or 40 straight-time hours per week. Some workers may not be eligible for overtime compensation because their company employs less than four workers or because they meet an overtime exemption.

Is comp time legal?

In short, no. Comp time off instead of overtime pay is not legal for private sector employees.

How many workers must my employer have before they must pay overtime?

Four or more. An employer who has three or less employees can pay straight-time for all hours worked.

Do I have to work overtime if I don't want to?

Your employer may order you to work extra hours and may discipline or fire you if you refuse to work it. Unless your work meets an overtime exemption, you must be compensated at a rate of time-and-a-half your regular rate of pay for hours worked over 8 per day or 40 straight-time hours per week.

Can salaried employees receive overtime?

Being a salaried employee does not automatically disqualify you from receiving overtime. Some employees are exempt from overtime, such as executive, administrative or professional employees. Your job tasks AND the way you are compensated determine your overtime eligibility.

Am I entitled to holiday bonus pay?

You are not entitled to overtime pay just because you worked a holiday; it depends on whether your employer has promised such pay. For instance, if your employer promises you time-and-a-half pay for working a holiday, you should receive 1.5 times your regular rate for hours worked on that holiday. If your employer does not give a bonus for holiday pay, you would be paid only straight time for holiday hours worked. If your employer promises holiday bonus pay but has not outlined a special rate, you could receive straight-time for 8 hours of work and straight time for 8 hours of holiday pay.

Am I entitled to benefits such as vacation pay, severance and sick leave?

You are only entitled to these benefits if your employer promised that you will receive them. An employer only has an obligation to offer these benefits if they have a policy, promise or contract that states these benefits will be given.

Should I be paid for on call time?

Some on-call time is payable, while some is not. Your ability to pursue your own interests while on call determine whether you should be compensated. If your employer requires you to carry a beeper, but you can pursue personal tasks, you will not be compensated until you respond to a call. However, if you must stay at your place of business while on call and cannot pursue your own interests (reading a book, visiting friends, listening the radio), you must be paid for this time.

What does Alaska law state in regard to breaks and meal periods?

Employers in Alaska must give break periods of at least 30 minutes for workers aged 14 to 17 who work 5 or more consecutive hours. Employers are not required to provide breaks to workers aged 18 or older. If you are given a break and it lasts less than 20 minutes, you must be compensated for the break. If your meal period lasts more than 20 minutes and you perform no work during this time, your employer is not required to compensate you.

Can my employer change my pay rate?

Yes, as long as you are given written notice of the change the payday before it takes effect. For instance, if you are typically paid on the 15th of the month, your employer can provide written notice of a pay rate change any day up to and including the 15th. All work performed after the 15th would be at the new rate.

What can be deducted out of my paycheck?

Cash or cash register shortages, lost, stolen or missing property that you have admitted willingly and in writing to have taken the specific amount of property or cash that is missing. If you borrowed money from a third party, you can provide the employer with written permission to take payments from your paycheck. If your company has loaned you money, they can deduct that amount from your paycheck as long as you have given written permission. Of course, taxes must be taken out of your paycheck. You must provide written permission to your employer for non-tax related deductions from your earnings. It is not valid to sign a "blanket" authorization at the time of hire to cover future deductions. Lastly, as a general guideline, deductions cannot reduce your gross pay below the minimum wage or cut into your overtime.

What kind of information should be on my pay stub?

Your employer must provide a pay stub each pay period that details how long you worked, how much you earned and how much you were paid. The pay stub must also include the number of hours you actually worked; your pay rate; your gross wages; tax deductions; and other authorized deductions. Your pay stub should also outline the beginning and end dates for the pay period.

I gave my employer two weeks notice and they fired me. Is there anything I can do?

In Alaska, an employer does not need to provide a reason to fire a worker. Therefore, they have not violated Alaska wage and hour law. You can check with an Alaska wage and hour attorney to see if you can file a lawsuit for wrongful termination. If you believe you were discriminated because of your race, sex, age, national origin, color, or religion, you can contact the Human Rights Commission at (907) 274-4692 or 1-800-478-4692.

How soon will I be paid after I am terminated?

If your employer terminates your employment, they must pay you all compensation owed to you within three working days of termination, not including holidays or weekends. If you quit your job, you must be paid by the next regular payday that is at least three working days after your final day worked.

Why is my employer allowed 20 days to respond to the Department's letter concerning my wage claim, when they should pay me within 3 working days?

The Department has to make sure that your employer is given the opportunity to defend themselves from your claim. This time period is known as due process. The Department uses the same amount of time as the courts as a fair amount of time for the employer to respond to the claim.

How much time do I have to file a claim after termination?

Unpaid overtime and minimum wage claims must be filed within two years from the date the work was performed. Claims for straight-time wages or other promised benefits should be filed within three years from the date the work was done. To ensure this time period does not run out, you should file a claim as soon as you realize you might be owed back pay.

Does the Department have to take my claim?

No. The Department can refuse a claim for several reasons, including that the claim is not valid; the employer has filed bankruptcy; you exhausted the time limit for filing a claim; or your claim exceeds an allowable amount.