State of Alaska > DOLWD > Labor Standards & Safety > Wage and Hour Administration

Alaska Statute 23.10.050 - 23.10.150 establishes minimum wages and overtime pay standards for employment subject to its provisions. These standards are generally applicable to all employees. However, there are exceptions to the Act. The following are not eligible for minimum wage:

1. Any individual employed in agriculture
2. Any individual employed in the taking of aquatic life
3. Any individual employed in the hand picking of shrimp
4. Any individual employed in domestic service (including babysitters) in or about a private home
5. Any individual employed by the United States, State or local government (i.e. Political Subdivision)
6. Any individual engaged in the activities of a nonprofit religious, charitable, cemetery, or educational organization where the services are on a voluntary basis
7. Any individual engaged in the delivery of newspapers to the consumer
8. Any individual employed solely as a watchman or caretaker on premises, property or plants not in operation for four months or more
9. Any individual employed in a bona fide executive, professional or administrative capacity as defined by regulations of the Commissioner of Labor, or as an outside salesman or any salesman working on a straight commission basis
10. Any individual employed in the search for placer or hard rock minerals
11. Any individual under 18 years old employed on a part-time basis for not more than 30 hours in any week
12. Employment by a nonprofit educational or child care facility to serve as a parent of children while the children are in residence at the facility if the employment requires residence at the facility and is compensated on a cash basis exclusive of room and board at an annual rate of less than:
• $10,000.00 for an unmarried person; or
• $15,000.00 for a married couple
13. An independent cab driver who establishes the driving area and hours, who contracts on a flat rate basis for the use of the cab, cab permit or dispatch service, and who is compensated solely by the customers served
14. A person who holds a license under AS 08.54 and who is employed by a registered guide or master guide licensed under AS 08.54, for the first 60 work days in which the person is employed by the registered guide or master guide during a calendar year

No employer shall employ an employee not acting in a supervisory capacity for a workweek longer than 40 hours for more than eight hours per day. Should an employer find it necessary to employ an employee in excess of these standards, compensation for such overtime shall be paid at the rate of one and one-half times the regular rate of pay. However, the following are exceptions to the requirement of payment of overtime:

1. An employee of an employer who employs three people or less in the regular course of business
2. Any individual employed in handling, packing, storing, pasteurizing, drying, preparing in their raw or natural state or canning of agricultural or horticultural commodities for market or in making cheese or butter or other dairy products
3. Any employee of any employer engaged in small mining operations where not more than 12 people are employed, as long as an individual is employed not in excess of 12 hours a day or 56 hours a week during a period or periods of not more than 14 workweeks in the aggregate in any calendar year during the mining season
4. Any employee engaged in agriculture
5. Any individual employed in connection with the publication of any weekly, semi-weekly or daily newspaper with a circulation of less than 1,000
6. Any switchboard operator employed in a public telephone exchange which has fewer than 750 stations
7. Any employee engaged in handling telegraphic, telephone or radio messages for the public under an agency or contract arrangements with a telegraph or communications company where the message or communications revenue of such agency does not exceed $500 a month
8. Any individual employed as a seaman
9. Any individual employed in planting or tending trees, cruising or surveying or bucking or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad or other transportation terminal if the total number of employees in such forestry or lumber operation does not exceed 12
10. Any individual employed as an outside buyer of poultry, eggs, cream or milk in their raw or natural state
11. Casual employees as defined by regulations of the Commissioner of Labor
12. Any employee of a hospital whose employment includes the provision of medical service
13. Work performed by an employee under a Flexible Work Hour Plan if the plan is included as part of a collective bargaining agreement
14. Work performed by an employee under a Voluntary Flexible Work Hour Plan if:
• The employee and the employer have signed a written agreement and the written agreement has been filed with the Labor Department; and
• The Labor Department has issued a certificate approving the plan which states the work is for 40 hours a week and not more than 10 hours a day; for work over 40 hours a week or 10 hours a day under a Flexible Work Hour Plan not included as part of a collective bargaining agreement, compensation at the rate of one and one-half times the regular rate of pay shall be paid for the overtime
15. An individual employed as a line haul truck driver for trips exceeding 100 road miles, if the compensation system under which the truck driver is paid includes overtime pay for work in excess of 40 hours a week or for more than eight hours a day and the compensation system requires a rate of pay comparable to the rate of pay required by this section.
16. An individual employed as a community health aide by a local or regional health organization as those terms are defined in AS 18.28.100.

An employer shall keep for a period of at least three years all payroll information and records for each employee at the place of his employment.

Inquiries should be made to: Wage & Hour Administration, Alaska Department of Labor, 3301 Eagle Street, Suite 301, Anchorage, Alaska 99503-4149, (907) 269-4900.