Filing a Wage and Hour Claim - Alaska

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Does Alaska have state overtime laws that are different from federal law?

Under Alaska law, employers must pay employees at a rate of one and one-half the employee's straight-time wage for working more than eight hours per day or 40 straight-time hours per week. Employers cannot give an employee “comp time” instead of overtime pay. Exempt employees  include:

Does Alaska have a minimum wage that is different from federal law?

Effective January 1, 2020, Alaska’s minimum wage is $10.19 per hour. The minimum wage is adjusted based on the consumer price index at the beginning of every year. By law, Alaska’s minimum wage will always be at least one dollar higher than the federal minimum wage. On January 1, 2021, the minimum wage will increase to $10.34 per hour.

 

Employers cannot use tips to reduce the minimum wage. If an employee agrees voluntarily in writing, however, an employer can decrease the minimum wage by the cost of meals and lodging even if the employee's net pay is below the minimum wage. School bus drivers working for private contractors must be paid twice the minimum wage.

Employees exempt from the minimum wage requirement include:

Do any cities or counties in Alaska have a minimum wage that is different from state or federal law?

No cities or counties in Alaska currently have a minimum wage different from the state or federal requirements.

Does Alaska have meal and rest break requirements, unlike federal law? 

Under Alaska law, there are no meal or break requirements for employees over the age of 18. If an employer allows breaks, employees must be paid for the break if it is less than 20 minutes; however, employers are not required to pay employees for meal breaks which last longer than 20 minutes. Any minor, age 14-17, who works more than 6 hours consecutively must be given a 30-minute unpaid meal break. Further, If the employee is a minor and works five or more consecutive hours, employers must provide a 30-minute rest break.

 

How do I file a wage/hour or labor standards claim in Alaska?

You can file a wage complaint with the Alaska Department of Labor and Workforce Development (DLWD). Information about how to file a claim is located in the DLWD website.

What are my time deadlines?

If you have a wage/hour claim, do not delay in contacting the DLWD to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf for violations of overtime and minimum wage laws, you must file with the DLWD within two years from the date that the work was actually performed. Claims for straight-time wages or other promised benefits are subject to a three-year deadline.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the DLWD. 

How can I or my attorney pursue a claim in court in Alaska?

If you have contacted the Alaska Department of Labor and Workforce Development (DLWD) for file a claim and the DLWD believes there is enough evidence to support your claim then the case may be filed in court. If the wages and penalties you believed to be owed to you are less than $20,000, the case may be filed in Small Claims Court. You must be willing to appear and testify in a Department meeting or in court.


In Alaska, employees can file a private lawsuit to recover unpaid back wages, liquidated damages, court costs, and attorneys' fees.

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State Labor Agency – Wage and Hour Administration Offices
Wage and Hour Administration office (907-269-4909)

Anchorage
1251 muldoon Road, Suite 113
Anchorage, AK 99504
Ph: (907) 269-4900
Email: statewide.wagehour@alaska.gov

Fairbanks
Regional State Office Building
675 7th Avenue, Station J
Fairbanks, AK 99701
Ph: (907) 451-2886
Email: statewide.wagehour@alaska.gov

Juneau
1111 W. 8th Street, Rm 302
P.O. Box 111149
Juneau, AK 99811
Ph: (907) 465-4842
Email: statewide.wagehour@alaska.gov

 

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