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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 5. Department of Labor and Workforce Development
- Section 140. Pay Periods; Penalty.
previous: Section 130
. Preference For Resident Workers.
next: Section 150
. Pay Orders. [Repealed, Sec. 2 Ch 19 SLA 1971].
AS 23.05.140. Pay Periods; Penalty.
- (a) An employee and employer may agree in an annual initial contract of employment to monthly pay periods when the
employer shall pay all employees for all labor performed or services rendered. Otherwise, the employer shall establish
monthly or semi-monthly pay periods, at the election of the employee.
- (b) If the employment is terminated, all wages, salaries, or other compensation for labor or services become due
immediately and shall be paid within the time required by this subsection at the place where the employee is usually
paid or at a location agreed upon by the employer and employee. If the employment is terminated by the employer,
regardless of the cause for the termination, payment is due within three working days after the termination. If the
employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after
the employer received notice of the employee's termination of services.
- (c) [Repealed, Sec. 2 ch 19 SLA 1971].
- (d) If an employer violates (b) of this section by failing to pay within the time required by that subsection, the
employer may be required to pay the employee a penalty in the amount of the employee's regular wage, salary, or other
compensation from the time of demand to the time of payment, or for 90 working days, whichever is the lesser amount.
- (e) In an action brought by the department under this section, an employer found liable for failing to pay wages within
the time required by (b) of this section shall be required to pay the penalty set out in (d) of this section. The
amount of the penalty shall be calculated based on the employee's straight time rate of pay for an eight-hour day.
- (f) In an action brought for unpaid overtime under AS 23.10.060
that results in an award of liquidated damages under AS 23.10.110
, the provisions of (d) of this section do not apply unless the action was brought by the department under (e) of this
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