Alaska 2025-2026 Regular Session

Alaska House Bill HB127 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0127a -1- HB 127
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5	5	34-LS0454\A
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10	10
11	11	HOUSE BILL NO. 127
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE FOSTER
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19	19	Introduced: 3/5/25
20	20	Referred: State Affairs, Labor and Commerce
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the overtime pay exemption for certain newspaper employees." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 23.10.060(d) is amended to read: 3
30	30	(d) This section does not apply to 4
31	31	(1) an employee employed by an employer employing fewer than four 5
32	32	employees in the regular course of business, as "regular course of business" is defined 6
33	33	by regulations of the commissioner; 7
34	34	(2) an employee employed in handling, packing, storing, pasteurizing, 8
35	35	drying, preparing in their raw or natural state, or canning agricultural or horticultural 9
36	36	commodities for market, or in making cheese or butter or other dairy products; 10
37	37	(3) an employee of an employer engaged in small mining operations 11
38	38	where not more than 12 employees are employed if the employee is employed not in 12
39	39	excess of 12 hours a day or 56 hours a week during a period or periods of not more 13
40	40	than 14 workweeks in the aggregate in a calendar year during the mining season, as 14
41	41	the season is defined by the commissioner; 15 34-LS0454\A
42	42	HB 127 -2- HB0127a
43	43	New Text Underlined [DELETED TEXT BRACKETED]
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45	45	(4) an employee engaged in agriculture; 1
46	46	(5) an employee employed in connection with the publication of a 2
47	47	weekly, semiweekly, or daily newspaper with a circulation of less than 4,000 [1,000]; 3
48	48	(6) a switchboard operator employed in a public telephone exchange 4
49	49	that has fewer than 750 stations; 5
50	50	(7) an employee in an otherwise exempted employment or proprietor 6
51	51	in a retail or service establishment engaged in handling telephone or radio messages 7
52	52	for the public under an agency or contract arrangement with a communications 8
53	53	company where the communications revenue of the agency does not exceed $500 a 9
54	54	month; 10
55	55	(8) an employee employed as a seaman; 11
56	56	(9) an employee employed in planting or tending trees, cruising, or 12
57	57	surveying, or bucking, or felling timber, or in preparing or transporting logs or other 13
58	58	forestry products to the mill, processing plant, railroad, or other transportation 14
59	59	terminal if the number of employees employed by the employer in the forestry or 15
60	60	lumbering operations does not exceed 12; 16
61	61	(10) an individual employed as an outside buyer of poultry, eggs, 17
62	62	cream, or milk in their raw or natural state; 18
63	63	(11) casual employees as may be liberally defined by regulations of the 19
64	64	commissioner; 20
65	65	(12) an employee of a hospital whose employment includes the 21
66	66	provision of medical services; 22
67	67	(13) work performed by an employee under a flexible work hour plan 23
68	68	if the plan is included as part of a collective bargaining agreement; 24
69	69	(14) work performed by an employee under a voluntary flexible work 25
70	70	hour plan if 26
71	71	(A) the employee and the employer have signed a written 27
72	72	agreement and the written agreement has been filed with the department; and 28
73	73	(B) the department has issued a certificate approving the plan 29
74	74	that states the work is for 40 hours a week and not more than 10 hours a day; 30
75	75	for work over 40 hours a week or 10 hours a day under a flexible work hour 31 34-LS0454\A
76	76	HB0127a -3- HB 127
77	77	New Text Underlined [DELETED TEXT BRACKETED]
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79	79	plan not included as part of a collective bargaining agreement, compensation at 1
80	80	the rate of one and one-half times the regular rate of pay shall be paid for the 2
81	81	overtime; 3
82	82	(15) an individual employed as a line haul truck driver for a trip that 4
83	83	exceeds 100 road miles one way if the compensation system under which the truck 5
84	84	driver is paid includes overtime pay for work in excess of 40 hours a week or for more 6
85	85	than eight hours a day and the compensation system requires a rate of pay comparable 7
86	86	to the rate of pay required by this section; 8
87	87	(16) an individual employed as a community health aide by a local or 9
88	88	regional health organization as those terms are defined in AS 18.28.100; 10
89	89	(17) work performed by a mechanic primarily engaged in the servicing 11
90	90	of automobiles, light trucks, and motor homes if the mechanic 12
91	91	(A) is employed as a flat-rate mechanic by a nonmanufacturing 13
92	92	establishment primarily engaged in the business of selling or servicing motor 14
93	93	vehicles; 15
94	94	(B) has signed a written agreement with the employer that 16
95	95	specifies the mechanic's flat hourly rate of pay and the automotive manual or 17
96	96	manuals on which the flat rate is to be based; 18
97	97	(C) is compensated for all hours worked in any capacity for 19
98	98	that employer up to and including eight hours a day and 40 hours a week at an 20
99	99	hourly rate that is not less than the greater of 21
100	100	(i) 75 percent of the flat hourly rate of pay agreed on by 22
101	101	the employer and employee under (B) of this paragraph; or 23
102	102	(ii) twice the state minimum wage; and 24
103	103	(D) is compensated for all hours worked in any capacity for 25
104	104	that employer in excess of eight hours a day or 40 hours a week at one and 26
105	105	one-half times the rate described in (C) of this paragraph; 27
106	106	(18) work performed by an employee under a voluntary written 28
107	107	agreement addressing the trading of work shifts among employees if 29
108	108	(A) the employee is employed by an air carrier subject to 45 30
109	109	U.S.C. 181 - 188 (subchapter II of the Railway Labor Act), including 31 34-LS0454\A
110	110	HB 127 -4- HB0127a
111	111	New Text Underlined [DELETED TEXT BRACKETED]
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113	113	employment as a customer service representative; 1
114	114	(B) the trading agreement is not a flexible work hour plan 2
115	115	entered into under (13) or (14) of this subsection; 3
116	116	(C) the trading agreement is filed with the employee's 4
117	117	employer; and 5
118	118	(D) the trading agreement states that the employee is not 6
119	119	entitled to receive overtime for any hours worked by the employee when the 7
120	120	employee voluntarily works those hours under a shift trading practice under 8
121	121	which the employee has the opportunity, in the same or other work weeks, to 9
122	122	reduce hours worked by voluntarily offering a shift for trade or reassignment; 10
123	123	(19) work performed by a flight crew member employed by an air 11
124	124	carrier subject to 45 U.S.C. 181 - 188 (subchapter II of the Railway Labor Act); in this 12
125	125	paragraph, "flight crew" means the pilot, co-pilot, flight engineer, and flight 13
126	126	attendants. 14