Alaska Employment Law

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Introduction

Each year as the Alaska Legislature convenes I try to review some of the more significant legislative initiatives that concern Labor and Employment law. Here is my 2009 preview. I have identified only the legislative initiatives that I believe have the most direct impact on Labor and Employment issues. Space limitations do not allow an analysis of, or discussion regarding each specific measure.

Enacted

Fair Pay Restoration Act (”Lilly Ledbetter Fair Pay Act of 2009″) [Federal]: This Act was recently signed by President Obama with an effective date of May 28, 2007. The purpose of this Act was to legislatively overrule the United States Supreme Court’s opinion in Ledbetter v. Goodyear Tire. The Act establishes a paycheck accrual rule; that is, a Title VII claim for pay discrimination accrues when the paycheck is issued and not when the allegedly impermissible decision was made.

The Americans with Disabilities Amendment Act of 2008 [Federal]: This Act took effect January 1, 2009. Its purpose is to broaden and strengthen rights under the ADA. Congress was concerned that courts have been narrowly interpreting and applying the ADA. Congress wanted to legislatively overrule a number of United States Supreme Court opinions.

The Family and Medical Leave Act (new regulations) [Federal]: The United States Department of Labor issued a comprehensive overhaul of the FMLA regulations. The new regulations took effect January 16, 2009.

Proposed

The Employee Free Choice Act [Federal]: This Act would change the way unions are certified. Currently, unions must first demonstrate a sufficient interest by collecting a 30% showing of support. This is done through cards. If unions meet this threshold a secret ballot election is then conducted. The EFCA proposes to do away with the secret ballot election. Instead, if a union could demonstrate a 30% showing, it would be certified as the exclusive bargaining representative. Unions argue that the EFCA is necessary to protect workers’ rights. Management argues that the EFCA will undermine workers’ rights by eliminating the secret ballot, and that it will lead to labor strife as a minority of the workforce can compel certification.

Alaska Minimum Wage [State] [SB1 and HB 29]: The federal minimum wage is currently $6.55/hour and will increase to $7.25/hour on July 24, 2009. The state minimum wage remains $7.15/hour. Different measures are now pending to increase the state minimum wage. SB 1 would set the minimum wage at the greater of $1.00 more than the federal rate or $8.75/hour as adjusted to account for inflation. HB 29 would provide that the state minimum wage rate is 50 cents an hour more than the federal rate.

Right to Work [State] [HB 37]: HB 37 would adopt a Right to Work provision under Alaska law guaranteeing that workers would not have to join a union if the workplace was subject to a collective bargaining agreement. HB 37 would further provide that no worker could be compelled to pay dues.

Paid Sick Leave [State] [SB 86]: SB 86 would provide that all employers in Alaska who have 15 or more employees must provide 1 hour of paid sick leave for each 40 hours that are worked. Paid sick leave would accrue from year to year. Employees would be allowed to take paid sick leave for the employee’s own health condition or to care for an immediate family member. SB 86 defines immediate family member to include domestic partners.

Nursing Mothers in the Workplace [State] [SB 42]: SB 42 would require employers to provide reasonable unpaid break time each day to nursing mothers. Employers would also be required to provide a private and sanitary room for nursing purposes.

Limitations on Mandatory Overtime for Registered Nurses and Licensed Practical Nurses [State] [SB 12, HB 50, HB 51]: There are several measures addressing limitations on the number of overtime hours that nurses may be required to work. The basic proposal is to limit hours worked to no more than 80 hours in a 14 day period. The limitations include numerous exceptions and qualifications.

Repeal of Defined Contribution Retirement Plans for State Workers [State] [SB 23, HB 30, HB 54]: There are several measures to change Alaska’s public employee pension and health care benefits back to a defined benefit plan from the current defined contribution plan scheme. A defined contribution plan returns the value of an individual retirement account contingent on the amounts invested by the individual and the return on those selected investments. Such plans are more immediately subject to stock market pressures and risks. A defined benefit plan usually promises a participant a fixed level of retirement income based on years of service and compensation. The goal of these different measures is to return Alaska to a guaranteed pension and health care benefits scheme to make it easier to recruit and retain public employees.

Repeal of Daylight Saving Time [State] [HB 19]: I include this measure because it would affect business and employers that work with Outside interests. I know that Arizona does not observe daylight saving time. I am not sure how many other states do or do not observe daylight saving time, but I believe that the majority of states observe daylight saving time.

Initiatives that have “disappeared” (for now)

Limitations on Union Expenditure of Dues for Political Purposes [State]: Con Bunde introduced SB 77 last year to amend AS 23.40.220 to establish an “opt-in” provision consistent with the Washington state law that the United States Supreme Court upheld in Davenport v. Washington Education Association. This would prevent unions from using union dues from agency members for political purposes unless the employee pre-approved such use. This does not appear to have been re-introduced this year (at least not yet).

For more Information

Visit the Alaska Legislature website at http://www.legis.state.ak.us/basis/start.asp. Click on “Bills” and enter the bill number. You may also contact your local Legislative Information Office. http://w3.legis.state.ak.us/misc/lios.php.