Section 8 AAC 15.910 - Definitions(a) In this chapter and AS 23.10.050-23.10.150, unless the context requires otherwise(2) "casual employee," as used in AS 23.10.060(d), means (A) an employee engaged in an activity that occurs without regularity and is not in the usual course of trade, business, occupation, or profession of the employer; or(B) an individual employed on a seasonal basis for less than twelve weeks per calendar year at a recreational residential youth camp operated by a nonprofit religious, charitable, or educational organization;(3) "commissioner" means the commissioner of labor and workforce development;(4) "department" means the Alaska Department of Labor and Workforce Development;(5) "director" means the director of the labor standards and safety division of the department, or the director's designee;(6) "domestic service, including a baby-sitter, in or about a private home," as used in AS 23.10.055(a)(4), (A) means a service or activity performed in or about a private home by an individual that is employed or paid by the owner or occupant of the private home or a family member of the owner or occupant of the private home; and(B) includes services or activities such as a(xv) chauffeur of automobiles for family use;(8) "nonprofit," as used in AS 23.10.055(6), means an organization no part of the income or profit of which is distributable to its members, directors, or officers and whose status has been determined by the U.S. Internal Revenue Service as nonprofit;(9) "on call" means time that an employee is required to remain on call on the employer's premises or other place of employment or so close to them that the time cannot be used effectively for the employee's own purposes, but does not include the time an employee is not required to remain on or near the employer's premises or other place of employment but is merely required to leave word with the employer where the employee may be reached by cellular phone, beeper, or other means;(13) "standby or waiting time" means time that an employee is required to be at or near the place of employment and is required to wait for work or an assignment, whether or not because of shutdown or repair, and during which the time cannot be used effectively for the employee's own purposes;(15) "workweek" means a fixed and regularly recurring period of 168 hours that is seven consecutive 24-hour periods; it may begin on any day of the week and need not coincide with the calendar week; an individual employee's workweek is the statutory or contract number of hours that the employee is to regularly work during that period; the workweek may not be artificially adjusted for the purpose of avoiding the payment of overtime; however the workweek may be changed for any other purpose as provided in AS 23.05.160;(16) "straight commission" (A) means any combination of compensation based on making sales, contracts for sales, consignments, orders, or shipments for goods or services, whether the compensation is calculated by using (i) a percentage of gross or net sales value;(ii) an agreed-upon formula for the value of goods or services sold; or(iii) a flat rate for reaching a particular level of sales volume, or the sale of a particular item;(B) does not include compensation described in (A) of this paragraph that is accompanied by any type of a guaranteed payment of minimum hourly amounts not required by federal law or a minimum salary or base, separately or in combination with commission payments;(17) "workday" means a fixed and regularly recurring period of 24 consecutive hours;(18) "child care facility," as used in AS 23.10.055(12), includes those treatment programs that require that the children live in facilities provided, under the 24-hour care of program personnel, for a period of at least 30 consecutive days;(19) "parent of children," as used in AS 23.10.055(12), means those individuals whose duties involve the provision of care, treatment, supervision, and oversight of children residing in the child care facility, and whose duties require that they reside with the children, in the facilities provided by the program, 24 hours a day, for a period of at least 30 consecutive days;(20) "fee basis" means an agreed sum for a single job regardless of the time required for its completion as specified in 29 C.F.R. 541.605, revised as of July 1, 2007 and adopted by reference, with the following revision: Section 541.605(b) is revised in its entirety to read: (b) To determine whether the fee payment meets the minimum amount of salary required for an exemption with a weekly minimum of two times the minimum wage for 40 hours, the amount paid to the employee will be tested by dividing the fee paid for the job by the number of hours required to complete the job and multiplying the result by 40 hours. Thus, an artist paid $600 for a painting that took 20 hours to complete would meet the minimum salary requirement, since the earnings at this rate ($30 per hour) would yield the artist $1,200 if 40 hours were worked;(21) "regular course of business," as used in AS 23.10.060(d)(1), means those activities that are integral and necessary to any enterprise or activity in which the employer is primarily engaged;(22) "salary" means, subject to the provisions of 8 AAC 15.908, a fixed and recurring amount of money constituting all or part of an exempt employee's compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed;(23) "provision of medical services," as used in AS 23.10.060(d)(12), means those necessary hands-on, medical functions, procedures, and protocols that an employee renders personally to an individual patient, where the services involve face-to-face or other direct interaction between the employee and the patient.(24) "summer camp" means a seasonal, non-profit, residential camp that provides (A) creative recreational and educational opportunities;(B) a program of activities for campers;(C) sustained supervision of campers; and(D) trained leadership tasked with educating campers.(c) For the purposes of AS 23.10.060(d)(12), "hospital" includes a nursing facility as described in 7 AAC 12.250 and licensed in accordance with 7 AAC 12.610.(d) As used in AS 23.10.430, "personnel file and other personnel information" means all papers, documents, and reports pertaining to a particular employee that are used or have been used by an employer to determine that employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action; "personnel file and other personnel information" (1) includes (B) notices of commendation, warning or discipline;(C) authorization for withholding or deductions from pay;(D) records of hours worked and leave records;(E) formal and informal employee evaluations;(F) reports relating to the employee's character, credit, work habits, compensation, and benefits;(H) letters of reference or recommendations from third parties, including former employers;(2) does not include (A) information of a personal nature about a person other than the employee if disclosure of the information would constitute an unwarranted invasion of the other person's privacy;(B) information relating to an ongoing investigation of a violation of a criminal or civil statute by an employee; or(C) an employer's ongoing investigation of employee misconduct.Eff. 12/9/78, Register 68; am 9/28/85, Register 95; am 10/4/90, Register 115; am 2/10/93, Register 125; am 3/18/93, Register 125; am 4/29/99, Register 150; am 3/2/2008, Register 185; am 3/24/2011, Register 197; am 7/28/2013, Register 207; am 4/2/2023, Register 246, July 2023Authority:AS 23.05.060
AS 23.10.055
AS 23.10.060
AS 43.10.070
AS 23.10.085
AS 23.10.430