PROPOSED REGULATIONS
The regulations reproduced here have been provided by the Department of Labor and Workforce Development as a public courtesy. While every effort has been made to assure the accuracy of the reproduced version, the Department of Labor and Workforce Development cannot guarantee its absolute accuracy. Paper copies of the regulations originally filed by the Lieutenant Governor are available from the Department of Labor and Workforce Development. For the official published version of the regulations, please refer to the Alaska Administrative Code (AAC).
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2021 proposed regulations
- September 16, 2021 – Notice of Proposed Changes on Updating Methods of Applications, Definitions, and Processes in the Regulations of the Department of Labor and Workforce Development
- September 9, 2021 – Notice of Proposed Changes in the Regulation of the Adult Basic Education Program
- February 10, 2021 – Notice of Proposed Changes Relating to Agency Procedures, Use of Forms, Investigations, Fees for Medical Treatment and Services in the Regulations of the Department of Labor and Workforce Development and the Alaska Workers’ Compensation Board
- February 10, 2021 – Notice of Proposed Changes on Employer Option for Tip Pooling in the Regulations of the Department of Labor and Workforce Development
- Additional Notice
- Proposed Regulations
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What are the changes proposed in this regulation?See each section and changes below.
There are three primary changes in the proposed regulations:
1.
The removal of “(a) The purpose of this section is to prevent the circumvention or evasion of AS 23.10.050-150 (The Alaska Wage and Hour Act) by an employer handling, or taking control of an employee’s tips.” It is important to note that because Alaska has never allowed tip credit, the employer’s handling or controlling of an employee’s tips does not jeopardize compliance with the Alaska Wage and Hour Act. This point is being removed from this regulation.
2.This proposal will allow the employer to wait and pay out all credit card tips on the next regularly scheduled payday only if the employer provides the service employee a written accounting of the accrued tips on each day that the tips were given by the customer. The current regulation requires the employer to pay out the cash expediency, no longer than weekly.
3.This proposal will also allow a tip pooling arrangement to be shared among all service employees who assist in providing the service to the customer, including cooks and dishwashers. Cooks and dishwashers and other “back of the house” employees were excluded before.
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- January 26, 2021 – Notice of Proposed Changes Relating to Recommended Improvements to the Technical Vocational Education Program (TVEP) Reporting Requirements in the Regulations of the Department of Labor and Workforce Development
- January 22, 2021 – Amended Notice of Proposed Changes on Minimum Wage Exemptions for Student Learners in the Regulations of the Department of Labor and Workforce Development
- January 22, 2021 – Notice of Proposed Changes on Benefits in the Regulations of the Department of Labor and Workforce Development and the Fishermen’s Fund Advisory and Appeals Council
- Additional Notice
- Proposed Regulations
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What is your goal with these changes?
See each section and changes below.
8 AAC 55.010(d)(1). Benefits
This section is being amended to allow injured fishermen with minor injuries more time to seek initial treatment.
• If the injured fisherman receives late treatment, the claim for benefits must be denied and presented to the Fishermen’s Fund Advisory and Appeals Council.
• The Council meets twice a year.
• This will allow the fund administration to process minor injury claims more efficiently.
8 AAC 55.010(g)(3)
This section is being added to encourage vessel owners to cover potential liabilities associated with injured crewmembers.
• The Fishermen’s Fund Advisory and Appeals Council may approve a claim for benefits in excess of the administrator’s limit of $10,000 per injury or illness. The fund only pays for medical expenses.
• Crewmembers are covered under the Jones Act. They may seek other remedies beyond medical costs such as lost wages and damages.
• An adjuster for a Protection and Indemnity insurer can typically provide the following:
• Medical bill adjustment.
• Ensure crewmember receives the proper maintenance (benefits) and unearned wages.
8 AAC 55.010(g)(4)
This section is being added to clarify for the petitioner that the fund may only reimburse medical expenses and not lost wages.
• Some insurers and third party administrators allow lost wage payments as a credit toward meeting the protection and indemnity deductible amount.
