Flexible Work Hour Plan
Voluntary Flexible Work Hour Plan
Provisions governing the Flexible Work Hour Plan may be found in Wage and Hour Pamphlet #100 under AS 23.10.060(15) and 8 AAC 15.102.
The Flexible Work Hour Plan form must be completed and submitted to the Department. A detailed description of your Flexible Work Hour Plan must be included. Wage and Hour Staff will return the original.
If your plan is approved, you must maintain the approved form as a permanent part of your personnel records. Each participating employee must sign and date a copy of the approved plan. Be sure to maintain a signed copy in either the employee's personnel file or a file with all employees' copies. The Department of Labor, Wage and Hour Administration, does not keep a copy signed by the individual employee.
The Flexible Work Hour Plan exemption cannot apply to all work places or to all types of employment. The legislative intent of the exemption was very clear. It was to provide a vehicle for workers whose normal work week was 35 to 40 hours per week to compress their work week and enjoy a longer time off. It also relieved the employer of the liability for overtime for those hours worked up to 10 each day.
This exemption is not to allow employers to circumvent overtime requirements. Therefore, any plan that has circumvention as its purpose, will be denied. Employees must voluntarily choose the Flexible Work Hour Plan. It must not be a condition of employment. Substantial deviations from the original approved plan which result in overtime savings for the employee will be interpreted as voiding the plan and could result in overtime claims.
Questions? Contact the Wage and Hour Administration office in your area.