Alaska Employment Law

In Alaska, the rules for breaks differ for adults and for minors.

Rules for Minors

An Alaskan employer must provide a break of at least 30 minutes for any minor (defined as someone less than 18 years of age)  who

a) is scheduled to work at least six hours; or

b) actually works five hours.

The break must occur after the minor’s first 1 1/2 hours of work, but before the minor’s last hour of work.  AS 23.10.350(c).

Exempt employers: Two kinds of employers are exempt from this law: a) an employer in the animal, fishing, and agricultural industries; and b)  an employer who is closely related to the minor.  AS 23.10.350(e). 

Loophole: There’s another loophole for employers, though rarely used: A collective bargaining agreement (union contract) may modify the employer’s duty to provide a break for minors.  Moreover, a non-union employer may “on occasion” modify the requirement if the minor voluntarily agrees to such modification.

If the employer fails to provide such a break, the employer owes the minor minimum wage for the break.  AS 23.10.350(d).  If the employer provides the required break, the employer need not pay the minor for the break.

Breaks for Adults 

Alaska law does not require employers to give rest breaks or lunch breaks to their adult employees.  Some employers have agreed to provide such breaks (via an individual employment agreement, a company manual, or a union agreement), but they are not obligated by law to do so.

If an employer does provide such breaks, it must pay regular wages for a) rest breaks that are shorter than 20 minutes; and for b) meal breaks that are less than 30 minutes.  This is a requirement of federal law (the FLSA) that governs only larger employers.  29 CFR § 785.18-19.