Compliance Watch:
What are my overtime rights in Alaska?

August 18th 2024

Overtime rights in Alaska are a critical aspect of employee compensation, ensuring fair wages for those who work beyond standard hours. The state laws governing overtime pay are designed to protect workers and provide clear guidelines for employers.

This article explores the key aspects of overtime rights in Alaska, including eligibility, calculation, payment methods, and steps to take if overtime pay is denied.

This Article Covers

Understanding Overtime in Alaska
Common Questions About Overtime in Alaska
Legal Working Hours in Alaska
Overtime Eligibility in Alaska
    Overtime Payment Calculations in Alaska
      Receiving Overtime Payment in Alaska
      Violations of Overtime Law in Alaska

      Understanding Overtime in Alaska

      Is overtime pay mandatory in Alaska?

      Yes, overtime pay is mandatory in Alaska. Under the Alaska Wage and Hour Act, employers must pay overtime to eligible employees who work more than 40 hours in a workweek or more than eight hours in a workday. Certain exemptions apply, including for executive, administrative, and professional employees with certain salary thresholds, as well as specific industries such as fishing and certain seasonal activities.

      When do I qualify for overtime pay in Alaska?

      In Alaska, employees qualify for overtime pay in two scenarios:

      1. When they work more than eight hours in a single workday.
      2. When they work more than 40 hours in a single workweek.

      This is more comprehensive than the federal Fair Labor Standards Act (FLSA), which only mandates overtime pay for hours worked over 40 in a workweek. Certain exemptions apply, such as for executive, administrative, and professional employees with certain salary thresholds and specific industries like fishing and seasonal activities.

      How much is overtime pay in Alaska?

      In Alaska, employees must be compensated at one and a half times their regular hourly rate for overtime hours. For example, an employee earning $20 per hour would receive $30 per hour for overtime hours worked. Overtime is calculated based on either working more than eight hours in a single workday or more than 40 hours in a workweek, whichever results in greater overtime compensation for the employee.

      Which laws govern overtime in Alaska?

      The key laws and regulations that apply to overtime pay in Alaska include:

      • Alaska Wage and Hour Act (AWHA): The Act defines various elements related to overtime pay in Alaska as follows:
        • Non-Exempt Employees: Under the Alaska Wage and Hour Act (AWHA), non-exempt employees must be paid overtime for any hours worked beyond eight in a single workday or 40 in a given workweek.
        • Overtime Pay Rate: Overtime pay must be at least one and a half times the regular pay rate. For example, if a non-exempt employee’s regular hourly wage is $20, their overtime rate would be $30 per hour.
        • Work Hours and Overtime: Overtime is required for work performed beyond the daily or weekly thresholds. Special pay rates are not mandated for work on weekends, nights, or holidays unless these hours contribute to exceeding the daily or weekly overtime thresholds.
        • Workweek Definition: The AWHA defines a workweek as a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. This workweek can start on any day and at any time of day.
        • Minimum Wage: Alaska’s minimum wage as of January 1, 2024, is $11.73 per hour. Therefore, the minimum overtime wage in Alaska is $17.59 per hour (1.5 times $11.73).
        • Record Keeping: Employers in Alaska are required to maintain accurate records of hours worked and wages paid to ensure transparency and compliance with state and federal wage and hour laws.
      • Fair Labor Standards Act (FLSA): In Alaska, the federal Fair Labor Standards Act (FLSA) also applies, providing additional guidelines and protections for non-exempt employees, including the requirement for overtime pay for hours worked beyond 40 in a workweek at one and a half times the regular pay rate. It’s important to note that if federal and state laws misalign, the law more favorable to the employee generally applies.

      The Alaska Department of Labor and Workforce Development oversees the enforcement of state labor laws, including overtime regulations. Employers must comply with these requirements, and failure to do so can result in penalties.

      Further details about overtime in Alaska can be found in Alaska Overtime Laws.

      Common Questions About Overtime in Alaska

      Do employers have to pay overtime in Alaska?

      Yes, employers in Alaska must pay overtime to non-exempt employees according to both state and federal laws. The Alaska AWHA and the federal FLSA set standards for overtime pay, ensuring that employees are fairly compensated for extra hours worked.

      Can an employee refuse to work overtime in Alaska?

      In Alaska, employers generally have the authority to mandate overtime, and employees are typically expected to comply with these requirements. Alaska state law, similar to federal law under the FLSA, does not impose a maximum limit on the number of hours an employee can be required to work in a week. Employers must, however, provide compensation at one and a half times the regular pay rate for any overtime hours worked.

      Employees who refuse mandated overtime may face disciplinary action, including termination, based on their employment agreements or company policies. However, employees are protected if their contracts or collective bargaining agreements specify different terms regarding overtime. These agreements take precedence over general mandates, allowing employees to decline overtime if it contradicts their contractual terms.

      Certain industries, such as transportation, are subject to stricter regulations on working hours to ensure safety and prevent fatigue. Employers in these sectors must adhere to industry-specific rules and balance operational needs with health and safety standards. Ensuring a safe working environment is a legal obligation, and excessive overtime in safety-sensitive roles must be managed to mitigate the risk of accidents and injuries.

      Can I take comp time instead of overtime pay in Alaska?

      You can take comp time instead of overtime pay in Alaska if you are a public sector employee, but you cannot if you are in the private sector. Public sector employees, such as those working for state, county, and municipal governments, can receive comp time in lieu of overtime pay, provided there is a written agreement with the employer before the overtime work is performed. These employees can accrue up to 240 hours of comp time, with any excess compensated as overtime pay, and must use comp time within a reasonable period without unduly disrupting business operations. However, in the private sector, the FLSA generally prohibits employers from offering comp time instead of overtime pay, meaning that private sector employees are typically required to receive monetary compensation for overtime work.

      Can I get overtime pay in Alaska without employer approval?

      Yes, non-exempt employees in Alaska can receive overtime pay for hours worked beyond the daily or weekly limits, even if they did not get prior approval from their employer. Under the Alaska Wage and Hour Act (AWHA) and the FLSA, employers are responsible for compensating employees for all hours worked if they have actual or constructive knowledge of the work being done.

      Actual knowledge means the employer directly knows the employee is working overtime, such as through direct observation or communication. Constructive knowledge means the employer should have known about the overtime work based on the circumstances, such as consistent patterns of staying late or accessing company systems after hours. For example, if an employer sees an employee frequently staying late but doesn’t directly tell them to stop, they could be considered to have constructive knowledge of overtime.

      Even though employees are entitled to overtime pay for all hours worked, most employers expect employees to seek prior approval before working overtime. This is to help manage labor costs and scheduling effectively. While employees can be paid for unauthorized overtime, failing to follow company policies may lead to disciplinary action.

      Does Alaska have double-time pay?

      No, Alaska does not have state laws requiring employers to pay double time for specific hours or days worked. Similarly, federal laws, including the FLSA, do not mandate double-time pay for employees.

      Employers in Alaska have the discretion to establish their policies regarding double-time pay. For example, an employer may choose to offer double-time pay for hours worked on holidays, weekends, or during extra-long shifts as an incentive or benefit to their employees. These arrangements are usually outlined in company policies, employee handbooks, or employment contracts.

      What is working ‘off-the-clock’ in Alaska?

      Off-the-clock work in Alaska refers to any work performed by employees outside of their officially recorded working hours for which they do not receive compensation. This can include:

      • Working through meal or rest breaks: Employees might continue working during their legally required breaks without clocking in the time. For instance, an employee may choose to keep working through their lunch break to meet a deadline or catch up on tasks, often because they feel pressured to do so or believe it will reflect well on their performance. This work should be recorded and compensated as part of their working hours.
      • Completing tasks before scheduled shifts: Employees may arrive early to perform duties such as setting up equipment, preparing the workspace, or organizing materials. These pre-shift activities are often overlooked but should be considered compensable work time.
      • Performing post-shift responsibilities: After the official shift ends, employees might engage in activities like cleaning up, closing a job site, or completing administrative tasks. These activities are essential for the smooth operation of the next shift and should be included in the recorded work hours.
      • Correcting mistakes or redoing projects: Employees might spend additional time outside regular hours fixing errors or reworking projects to meet quality standards. This extra effort should be acknowledged and paid, as it contributes to overall productivity and quality of work.

      Working off-the-clock in Alaska, as in other states, is illegal and violates the FLSA as well as the Alaska Wage and Hour Act (AWHA). Employers must ensure that all work performed by employees is compensated and accurately recorded. Employees should be aware of their rights and report any violations to the appropriate authorities, such as the Alaska Department of Labor and Workforce Development or the U.S. Department of Labor.

      What are common ways employers avoid paying overtime in Alaska?

      Employers may use various strategies to avoid providing proper compensation to their employees for work that should count as overtime. Common tactics include:

      1. Requiring Employees to Perform ‘Off-the-Clock’ Work: Employers may assign tasks such as prep work, answering phone calls, or completing post-shift duties outside of regular work hours without compensating their employees. Employers are obligated to document all tasks performed by employees and provide appropriate compensation. Off-the-clock work is illegal and must be paid if the employer knows or should have known about it. This includes tasks completed before the start of a shift, during unpaid breaks, and after the shift has ended.
      2. Averaging Hours Worked: This tactic involves scheduling employees in a way that balances their hours over multiple weeks. For instance, if an employee works 49 hours one week, the employer might schedule them for only 31 hours the following week, making it appear as though they worked two 40-hour weeks. Under the Alaska AWHA and the FLSA, overtime must be calculated weekly, not averaged over multiple weeks.
      3. Providing Comp Time: Employers may offer time off to employees to prevent them from working overtime hours. For example, an employee may be allowed to take Friday off if they worked a double shift on Thursday. In the private sector, compensatory time off instead of overtime pay is generally not allowed under the FLSA. This practice is only permissible for public sector employees under specific conditions and agreements.
      4. Misclassifying Workers as Salaried Employees: Employers may misclassify employees as salaried workers to avoid paying overtime rates. Misclassification involves incorrectly categorizing non-exempt employees as exempt salaried employees. To be exempt from overtime, a salaried employee must meet the salary threshold and job duty requirements set by the FLSA.

      Can you work seven days in a row in Alaska?

      In Alaska, there are no state or federal laws that specifically limit the number of consecutive days an employee over the age of 18 can work. This allows employers to schedule employees for seven or more days in a row if necessary. However, employees must receive proper compensation, including overtime pay for hours worked beyond eight in a single workday or 40 in a week.

      Certain industry-specific regulations do apply. For example, transportation workers, such as truck drivers, are subject to federal hours-of-service rules enforced by the Federal Motor Carrier Safety Administration (FMCSA) to ensure safety. Similarly, healthcare workers may have guidelines to prevent excessive consecutive workdays to avoid burnout and maintain patient safety.

      Additionally, employees covered by contracts or collective bargaining agreements might have specific provisions that limit the number of consecutive days they can work. These agreements are negotiated between employers and employees (or their representatives) and could include terms to protect employees from long stretches of work.

      For minors under 18, Alaska state law imposes more restrictive work hour limitations. For example, minors aged 14 or 15 are limited in the number of hours they can work on school days, non-school days, and non-school weeks. Employers must comply with these regulations to ensure the safety and well-being of young workers.

      How many ten-hour days can you work in a row in Alaska?

      In Alaska, there are no specific state laws restricting the number of consecutive ten-hour days an employee can work. Employers can schedule employees to work ten-hour days for multiple days in a row, but they must comply with overtime regulations as set by the Alaska Wage and Hour Act (AWHA) and consider any industry-specific rules.

      Employees covered by contracts or collective bargaining agreements may have specific terms regarding consecutive ten-hour days and compensation for extended hours.

      What are full-time hours in Alaska?

      In Alaska, there is no specific state law defining full-time employment. Instead, full-time hours are typically determined based on the following:

      • Federal Guidelines: In Alaska, a 40-hour workweek is considered the standard for full-time employment, particularly for payroll and other benefits. This standard is consistent with federal practices established by the Fair Labor Standards Act (FLSA). However, under the Affordable Care Act (ACA), a full-time employee is defined as someone working at least 30 hours per week or 130 hours per month, primarily to determine eligibility for health insurance benefits.​
      • Industry Standards: Full-time hours can vary by industry and employer. While a 40-hour workweek is common, some industries may have different standards. Employers in Alaska have the discretion to define full-time employment according to their operational needs, provided they comply with federal regulations.
      • Employer Policies: Employers may specify their definitions of full-time employment in employee handbooks, contracts, or company policies. These definitions can vary and often determine eligibility for employee benefits such as health insurance, retirement plans, and paid time off. Additionally, full-time employees might receive company-specific perks like tuition reimbursement and wellness programs.

      How many hours straight can you legally work in Alaska?

      In Alaska, there is no state-specific law that limits the number of hours an adult employee can work straight in a single day or week. However, there are certain situations where a daily or weekly limit may apply. These include:

      • Industry-Specific Regulations:  Certain industries have specific rules that limit work hours to ensure safety and prevent fatigue:
        • Transportation Workers: Federal hours-of-service regulations for transportation workers limit driving hours and mandate rest breaks. For example, truck drivers are limited to 11 hours of driving time following 10 consecutive hours off duty and must take a 30-minute break after eight hours of driving.
        • Healthcare Workers: Healthcare workers may have guidelines recommending rest periods to prevent fatigue and ensure patient safety. These guidelines are often implemented at the institutional level and can vary by employer.
      • Collective Bargaining Agreements: Employees covered by collective bargaining agreements or specific contracts may have negotiated terms that limit consecutive work hours to protect them from excessive work.
      • Youth Employment: For minors under 18, Alaska state law imposes stricter limits on work hours in comparison to adults:
        • Minors aged 14-15: Can work only three hours on a school day, eight hours on a non-school day, and 18 hours in a school week.
        • Minors aged 16-17: Can work up to eight hours per day, up to 40 hours per week during non-school weeks, but are limited to 30 hours per week during school weeks. There are also restrictions on the times of day they can work, with work hours limited to between 7:00 a.m. and 7:00 p.m. (extended to 9:00 p.m. from June 1 to Labor Day)..

      Is overtime after eight hours or 40 hours in Alaska?

      Non-exempt employees in Alaska are entitled under the Alaska Wage and Hour Act (AWHA) to receive overtime pay when they work more than eight hours in a single day or more than 40 hours in a single workweek at a rate of one and a half times their regular pay rate.

      Does working on the weekend qualify for overtime pay in Alaska?

      In Alaska, working on the weekend does not automatically entitle an employee to overtime pay. Employers may, at their discretion, offer premium pay for weekend or holiday work, but this is not a legal requirement. Employees should consult their employment contracts, handbooks, or company policies to understand if additional pay for weekend work is provided by their employer.

      Industry-specific regulations may apply to sectors like healthcare and emergency services, requiring adherence to both federal guidelines and any additional rules relevant to those fields.

      How many hours-off between shifts is required in Alaska?

      In Alaska, there are no specific state laws or federal regulations that mandate the number of hours an employee must have off between shifts for the general workforce, giving employers considerable flexibility in scheduling. However, certain industries have specific rules that require mandatory rest periods, such as: 

      • Transportation: The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to have at least 10 consecutive hours off-duty between shifts to prevent fatigue and ensure road safety.
      • Healthcare: Specific guidelines or industry standards often recommend rest periods, although these are typically set by institutions or industry bodies rather than by law.

      What does ‘hours-worked’ include in Alaska?

      In Alaska, “hours worked” encompasses all the time an employee spends performing duties for their employer, whether on or off the premises. This includes tasks performed before and after scheduled shifts, if the work is related to job duties and the employer knows or should know about it. Here’s a detailed breakdown of what constitutes ‘hours worked’:

      • Worked Meal Breaks: If the employee is completely relieved from duty during a meal break (typically 30 minutes), this time is not considered hours worked and is unpaid. However, if the employee is required to stay on the premises or perform any work during the meal break, this time must be considered hours worked and compensated accordingly.
      • Rest Breaks: Short breaks, typically lasting from five to 20 minutes, are considered part of hours worked and employees must be compensated for them.
      • Travel Time: Certain travel time is considered hours worked, including one-day assignments, overnight travel, travel during work hours, and work during travel. However, commuting time is generally not considered hours worked.
      • Training and Meetings: Time spent in job-related training, meetings, or similar activities is considered hours worked, while voluntary training not related to the job may not be considered hours worked.
      • On-Call Time: On-call time is considered hours worked if the employee must stay on the employer’s premises; off-premises on-call time may not count as hours worked unless activities are significantly restricted.

      What is the most hours a salaried employee can work in Alaska? 

      In Alaska, there are no specific state regulations that impose a maximum limit on the number of hours a salaried employee can work per day or week.

      While there is no legal cap on working hours for salaried employees, contractual, industry-specific, and employer policies play crucial roles in managing work hours and ensuring employee well-being.

      What is the maximum number of hours an hourly employee can work in Alaska?

      In Alaska, there is no maximum limit on the number of hours an hourly employee can work in a single day or week. However, employers are required to ensure that all overtime hours are properly compensated. Additionally, industry-specific regulations or collective bargaining agreements may impose additional limitations or requirements regarding work hours.

      Overtime Eligibility in Alaska

      Who is eligible for overtime pay in Alaska?

      In Alaska, overtime pay eligibility is governed by both the Alaska Wage and Hour Act (AWHA) and the federal FLSA. Eligibility criteria include:

      1. Hourly Employees: Hourly employees are generally considered non-exempt and must receive overtime pay for any hours worked over eight in a single workday or 40 in a workweek.
      2. Salaried Non-Exempt Employees: Salaried employees whose earnings fall below the salary threshold and who do not meet the criteria for executive, administrative, or professional exemptions under the FLSA and are eligible for overtime. This includes roles such as manual labor, customer service, clerical tasks, and other similar positions.

      Who is exempt from overtime pay in Alaska?

      In Alaska, certain employees are classified as exempt from overtime pay (non-eligible) under both the AWHA and the FLSA. To be classified as exempt, employees must meet specific criteria based on three tests:

      1. Salary Basis Test: The employee must receive a fixed salary, regardless of the number of hours worked or the quantity of work completed. This ensures they are salaried employees, not hourly employees, providing consistent and predictable compensation.
      2. Salary Level Test: The employee must earn a salary that meets the minimum requirement of the exemption threshold. As of July 1, 2024, this threshold is $$938.4 per week ($48,796.8 annually).
      3. Duties Test: The employee’s primary job duties must involve executive, administrative, or professional responsibilities, which typically include exercising discretion and independent judgment in significant matters.

      Certain industry-specific exemptions also apply. Some of these include:

      • Airline Employees: Based on job roles and the nature of their work.
      • Babysitters on a Casual Basis: Irregular, casual babysitting services.
      • Commissioned Sales Employees: Particularly in retail and sales environments.
      • Drivers and Loaders: In the transportation and logistics sector.
      • Live-in Domestic Employees: Living in the employer’s home and providing domestic services.
      • Farmworkers on Small Farms: Based on the size and nature of the farm.
      • Federal Criminal Investigators: Working for federal agencies.
      • Fishermen: Due to the unique nature of their work.
      • Railroad Employees: Based on industry-specific regulations.
      • Salesmen and Mechanics: Involved in selling or repairing vehicles and other equipment.
      • Switchboard Operators: Working in telecommunications under specific conditions.
      • Taxicab Drivers: Generally exempt from overtime regulations.

      Employers and employees should refer to the specific regulations that apply to their industry and position to determine eligibility for overtime exemptions.

      Can salaried employees get overtime pay in Alaska?

      Yes, salaried employees in Alaska can qualify for overtime pay if they do not meet certain exemption criteria set by the Alaska Wage and Hour Act (AWHA) and the federal Fair Labor Standards Act (FLSA). To be eligible for overtime, salaried employees must fall under the “non-exempt” category, which typically includes those who:

      • Earn a Salary Below the Threshold: As of July 1, 2024, salaried employees earning less than $844 per week ($43,888 annually) are non-exempt and eligible for overtime pay. This threshold will increase to $1,128 per week ($58,656 annually) on January 1, 2025, with further adjustments every three years starting in 2027.
      • Work in Non-Exempt Positions: Employees whose roles do not fit within the professional, administrative, or executive categories are generally non-exempt. This includes jobs that do not primarily involve managing others, performing high-level administrative work, or requiring advanced, specialized knowledge.
      • Perform Duties That Lack Independent Judgment and Discretion: If a salaried employee’s job duties do not involve significant decision-making authority or independent discretion in critical business matters, they are likely non-exempt and eligible for overtime..

      Overtime Payment Calculations in Alaska

      What is my regular rate of pay in Alaska?

      The regular rate of pay refers to the amount an employee earns for each hour worked and must at least meet the minimum wage requirements. In Alaska, this applies differently to various types of employees:

      • Hourly Employees: The regular rate of pay for hourly employees is their standard hourly wage.
      • Salaried Employees: To calculate the regular rate of pay, multiply the monthly salary by 12 for the annual salary, divide by 52 for the weekly salary, and then divide by 40 to get the hourly rate.
      • Piecework or Commission Employees: The regular rate of pay can be calculated by using the rate per piece or commission if directly tied to output, dividing total weekly earnings by hours worked, or for group work, dividing total pieces by the number of workers and multiplying by hours worked.

      How do you calculate overtime in Alaska?

      To calculate overtime pay in Alaska, follow these steps:

      1. Determine the Regular Rate of Pay: To determine the regular rate of pay, hourly employees use their standard hourly wage. For salaried employees, divide the weekly salary by 40 hours (e.g., $800/week = $20/hour). For employees working at multiple rates, calculate the weighted average by dividing total earnings by total hours worked (e.g., $700/40 hours = $17.50/hour).
      2. Compute the Overtime Rate: Multiply the regular rate by 1.5 to get the overtime rate. For example, if the regular rate is $20 per hour, the overtime rate would be $20 x 1.5 = $30 per hour.
      3. Calculate Total Overtime Pay: Multiply the overtime rate by the number of overtime hours worked. For example, if the employee worked 5 overtime hours at the overtime rate of $30 per hour, the total overtime pay would be $30 x 5 = $150.

      How is overtime taxed in Alaska?

      Overtime earnings in Alaska are subject to the Affordable Care Act (ACA) and Federal Insurance Contributions Act (FICA) taxes, which include Social Security and Medicare. Since Alaska has no state income tax, there’s no state tax on overtime.

      Overtime pay is added to your gross income and taxed at your federal tax rate, which ranges from 10% to 37% in 2024. FICA taxes include a 6.2% Social Security tax (up to $160,200) and a 1.45% Medicare tax, with an additional 0.9% surtax on higher incomes.

      For example, on $1,000 in overtime pay, you might pay $220 in federal tax (if in the 22% bracket), $62 in Social Security tax, and $14.50 in Medicare tax, totaling $296.50.

      Employers report overtime earnings on W-2 forms, subject to federal tax withholdings. For detailed and up-to-date information, employees and employers should consult the IRS guidance and the Alaska Department of Labor and Workforce Development.

      Receiving Overtime Payment in Alaska

      How is overtime paid in Alaska?

      In Alaska, acceptable methods for paying overtime wages are similar to those used for regular wages. The methods include:

      1. Check: Employers can issue checks to employees, including overtime wages.
      2. Cash: Employers may also pay in cash, allowing immediate access to funds.
      3. Payroll Card Account: Wages can be loaded onto a prepaid payroll card. This method allows employees to withdraw cash, purchase, or transfer funds.
      4. Direct Deposit: This method involves electronically transferring wages directly into an employee’s bank account.

      When do I receive my overtime paycheck in Alaska?

      In Alaska, overtime pay must be included in the regular paycheck for the pay period when the overtime was worked. Employers are required to follow their established payroll schedules—whether weekly, bi-weekly, semi-monthly, or monthly—and ensure that overtime is paid on time.

      Violations of Overtime Law in Alaska

      What if my employer refuses to pay me overtime in Alaska?

      If your employer refuses to pay you the overtime you are owed in Alaska, they may be violating both state and federal labor laws. Here are the steps to take:

      1. Contact Your Employer: First, address the issue with your employer to see if a mistake has been made. Often, payroll errors can be resolved quickly through internal channels. Provide documentation of your hours worked and relevant pay stubs to support your claim, clearly explaining the discrepancy and requesting the owed overtime pay.
      2. File a Complaint with the Alaska Department of Labor and Workforce Development: If the issue remains unresolved, you can file a complaint with the Wage and Hour Division of the Alaska Department of Labor and Workforce Development. They enforce state wage and hour laws and investigate claims of unpaid overtime wages.
      3. File a Complaint with the U.S. Department of Labor: You can also file a complaint with the Wage and Hour Division of the U.S. Department of Labor, which enforces the Fair Labor Standards Act (FLSA) and investigates claims of unpaid overtime wages.
      4. Seek Legal Assistance: If administrative remedies do not resolve the issue, you can file a civil lawsuit against your employer.

      Keep in mind that you generally have two years from the date of the violation to file a wage claim under the FLSA. However, if the violation was willful, the window extends to three years.

      What is the penalty for failing to pay overtime in Alaska?

      Employers in Alaska who fail to pay overtime wages as required by both state and federal laws can face significant penalties. Here are the potential penalties:

      1. Back Wages: Employers must pay the full amount of unpaid overtime wages owed to the employee.
      2. Liquidated Damages: Under the FLSA, employees can recover liquidated damages equal to the amount of unpaid wages. This effectively doubles the compensation owed to the employee. For example, if an employee is owed $1,000 in unpaid overtime, they would receive $1,000 in back wages and $1,000 in liquidated damages, totaling $2,000.
      3. Civil Penalties: The Alaska Department of Labor and Workforce Development can impose civil penalties on employers for wage violations. These penalties can be substantial and are intended to deter non-compliance.
      4. Criminal Penalties: Deliberate violations may lead to criminal charges. Employers who willfully fail to pay overtime wages can face fines and potential imprisonment for repeated offenses. Under federal law, the U.S. Department of Labor (DOL) can impose fines of up to $10,000 for willful violations and may pursue criminal charges.
      5. Attorney’s Fees and Court Costs: If an employee successfully sues an employer for unpaid overtime, the employer may be required to pay the employee’s attorney’s fees and court costs. This provision aims to encourage employees to pursue their rightful wages without the burden of legal expenses.

      How can I file a wage claim for overtime in Alaska?

      If you believe you are owed overtime pay in Alaska, you can file a wage claim to recover your unpaid wages. The process involves filing a claim with the Alaska Department of Labor and Workforce Development. Here are the steps to follow:

      Step 1: Collect Information and Evidence: Gather as much information and evidence as possible to support your claim. This may include:

      • Pay Stubs and Timesheets: Documentation showing hours worked and wages paid.
      • Employment Contracts or Agreements: Any written agreements outlining the terms of your employment.
      • Correspondence with Your Employer: Emails, letters, or messages regarding your pay and hours worked.
      • Records of Hours Worked and Overtime Hours Not Compensated: Detailed logs or notes of the hours you worked, including any overtime.

      Step 2: File a Complaint with the Alaska Department of Labor and Workforce Development: You can file a wage claim with the Alaska Department of Labor and Workforce Development’s Wage and Hour Administration.

      • Complete a Wage Claim Form: Visit the Alaska Department of Labor and Workforce Development website to download and fill out the Wage Claim form.
      • Submit the Form: You can submit the completed form in person, by mail, or via email to the Alaska Department of Labor and Workforce Development.

      Step 3: Work with a Representative: After you submit your wage claim, a representative from the Alaska Department of Labor and Workforce Development will be assigned to your case. They will guide you through the process, help you understand your rights, and determine the most effective course of action. The representative may:

      • Investigate Your Claim: Review the evidence you submitted and may contact your employer for further information.
      • Negotiate with Your Employer: Attempt to resolve the issue through negotiation to recover your unpaid wages.
      • Provide Guidance: If necessary, inform you about additional legal steps and help you understand your rights throughout the process.

      Can employers retaliate against employees for making a wage claim in Alaska?

      No, employers in Alaska are legally prohibited from retaliating against employees who make wage claims. Federal and state laws protect employees from retaliation, which can include termination, demotion, pay reduction, unjustified negative evaluations, unwarranted disciplinary actions, changes in job duties or schedules, and harassment or creating a hostile work environment.

      Employees who face retaliation for asserting their wage rights can take legal action, potentially leading to reinstatement, recovery of lost wages and benefits, compensation for emotional distress, and liquidated damages to penalize the employer and deter future violations.

      Learn more about Alaska Labor Laws through our detailed guide.

      Important Cautionary Note

      This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.