Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 1 - Industrial Welfare
Chapter 15 - Alaska Wages and Hours
Article 6 - General Provisions
8 AAC 15.910 - Definitions
Universal Citation: 8 AK Admin Code 15.910
Current through August 30, 2024
(a) In this chapter and AS 23.10.050-23.10.150, unless the context requires otherwise
(1) repealed
3/2/2008;
(2) "casual employee," as
used in AS 23.10.060(d),
means
(A) an employee engaged in an activity
that occurs without regularity and is not in the usual course of trade,
business, occupation, or profession of the employer; or
(B) an individual employed on a seasonal
basis for less than twelve weeks per calendar year at a recreational
residential youth camp operated by a nonprofit religious, charitable, or
educational organization;
(3) "commissioner" means the commissioner of
labor and workforce development;
(4) "department" means the Alaska Department
of Labor and Workforce Development;
(5) "director" means the director of the
labor standards and safety division of the department, or the director's
designee;
(6) "domestic service,
including a baby-sitter, in or about a private home," as used in
AS
23.10.055(a)(4),
(A) means a service or activity performed in
or about a private home by an individual that is employed or paid by the owner
or occupant of the private home or a family member of the owner or occupant of
the private home; and
(B) includes
services or activities such as a
(i)
baby-sitter;
(ii) cook;
(iii) butler;
(iv) valet;
(v) maid;
(vi) housekeeper;
(vii) governess;
(viii) janitor;
(ix) laundress;
(x) caretaker;
(xi) handyman;
(xii) gardener;
(xiii) footman;
(xiv) groom;
(xv) chauffeur of automobiles for family
use;
(7)
repealed 3/2/2008;
(8) "nonprofit,"
as used in
AS
23.10.055(6), means an
organization no part of the income or profit of which is distributable to its
members, directors, or officers and whose status has been determined by the
U.S. Internal Revenue Service as nonprofit;
(9) "on call" means time that an employee is
required to remain on call on the employer's premises or other place of
employment or so close to them that the time cannot be used effectively for the
employee's own purposes, but does not include the time an employee is not
required to remain on or near the employer's premises or other place of
employment but is merely required to leave word with the employer where the
employee may be reached by cellular phone, beeper, or other means;
(10) repealed 3/2/2008;
(11) repealed 3/2/2008;
(12) repealed 3/2/2008;
(13) "standby or waiting time" means time
that an employee is required to be at or near the place of employment and is
required to wait for work or an assignment, whether or not because of shutdown
or repair, and during which the time cannot be used effectively for the
employee's own purposes;
(14)
repealed 3/2/2008;
(15) "workweek"
means a fixed and regularly recurring period of 168 hours that is seven
consecutive 24-hour periods; it may begin on any day of the week and need not
coincide with the calendar week; an individual employee's workweek is the
statutory or contract number of hours that the employee is to regularly work
during that period; the workweek may not be artificially adjusted for the
purpose of avoiding the payment of overtime; however the workweek may be
changed for any other purpose as provided in
AS
23.05.160;
(16) "straight commission"
(A) means any combination of compensation
based on making sales, contracts for sales, consignments, orders, or shipments
for goods or services, whether the compensation is calculated by using
(i) a percentage of gross or net sales
value;
(ii) an agreed-upon formula
for the value of goods or services sold; or
(iii) a flat rate for reaching a particular
level of sales volume, or the sale of a particular item;
(B) does not include compensation described
in (A) of this paragraph that is accompanied by any type of a guaranteed
payment of minimum hourly amounts not required by federal law or a minimum
salary or base, separately or in combination with commission
payments;
(17) "workday"
means a fixed and regularly recurring period of 24 consecutive hours;
(18) "child care facility," as used in
AS
23.10.055(12), includes
those treatment programs that require that the children live in facilities
provided, under the 24-hour care of program personnel, for a period of at least
30 consecutive days;
(19) "parent
of children," as used in
AS
23.10.055(12), means those
individuals whose duties involve the provision of care, treatment, supervision,
and oversight of children residing in the child care facility, and whose duties
require that they reside with the children, in the facilities provided by the
program, 24 hours a day, for a period of at least 30 consecutive
days;
(20) "fee basis" means an
agreed sum for a single job regardless of the time required for its completion
as specified in 29 C.F.R.
541.605, revised as of July 1, 2007 and
adopted by reference, with the following revision: Section 541.605(b) is
revised in its entirety to read: (b) To determine whether the fee payment meets
the minimum amount of salary required for an exemption with a weekly minimum of
two times the minimum wage for 40 hours, the amount paid to the employee will
be tested by dividing the fee paid for the job by the number of hours required
to complete the job and multiplying the result by 40 hours. Thus, an artist
paid $600 for a painting that took 20 hours to complete would meet the minimum
salary requirement, since the earnings at this rate ($30 per hour) would yield
the artist $1,200 if 40 hours were worked;
(21) "regular course of business," as used in
AS
23.10.060(d)(1), means those
activities that are integral and necessary to any enterprise or activity in
which the employer is primarily engaged;
(22) "salary" means, subject to the
provisions of
8 AAC 15.908, a fixed and recurring amount of money
constituting all or part of an exempt employee's compensation, which amount is
not subject to reduction because of variations in the quality or quantity of
the work performed;
(23) "provision
of medical services," as used in
AS
23.10.060(d)(12), means
those necessary hands-on, medical functions, procedures, and protocols that an
employee renders personally to an individual patient, where the services
involve face-to-face or other direct interaction between the employee and the
patient.
(24) "summer camp" means a
seasonal, non-profit, residential camp that provides
(A) creative recreational and educational
opportunities;
(B) a program of
activities for campers;
(C)
sustained supervision of campers; and
(D) trained leadership tasked with educating
campers.
(b) Repealed 4/29/99.
(c) For the purposes of AS 23.10.060(d)(12), "hospital" includes a nursing facility as described in 7 AAC 12.250 and licensed in accordance with 7 AAC 12.610.
(d) As used in AS 23.10.430, "personnel file and other personnel information" means all papers, documents, and reports pertaining to a particular employee that are used or have been used by an employer to determine that employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action; "personnel file and other personnel information"
(1) includes
(A) applications;
(B) notices of commendation, warning or
discipline;
(C) authorization for
withholding or deductions from pay;
(D) records of hours worked and leave
records;
(E) formal and informal
employee evaluations;
(F) reports
relating to the employee's character, credit, work habits, compensation, and
benefits;
(G) medical records;
and
(H) letters of reference or
recommendations from third parties, including former
employers;
(2) does not
include
(A) information of a personal nature
about a person other than the employee if disclosure of the information would
constitute an unwarranted invasion of the other person's privacy;
(B) information relating to an ongoing
investigation of a violation of a criminal or civil statute by an employee;
or
(C) an employer's ongoing
investigation of employee misconduct.
Authority:AS 23.05.060
AS 23.10.055
AS 23.10.060
AS 43.10.070
AS 23.10.085
AS 23.10.430
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