Labor laws are a broad set of regulations, rules, and laws that apply to employment settings. The main goal of labor laws is to protect the rights of all employees.
Common disputes that arise related to labor laws include:
The term labor law is often used interchangeably with the term employment law. These two areas of law govern the same topics and concerns.
Labor lawyers may also be referred to as employment lawyers. Many individuals, however, typically refer to a lawyer who handles cases involving union disputes to be a labor lawyer.
The National Labor Relations Board (NLRB) is an administrative agency that handles disputes between unions and employers. The NLRB determines what union represents a group of employees.
The NLRB also created procedures and regulations for the formation of unions. It has a General Counsel that investigates employer or union claims of unfair bargaining.
The General Counsel also creates procedures and rules for collective bargaining. NLRB attorneys act on behalf of the General Counsel.
These types of attorneys perform many functions including:
- Investigating charges of unfair labor practices;
- Resolving and litigating cases;
- Conducting elections to determine union representation preferences; and
- Acting as hearing officers in contested representation matters.
Employment laws and labor laws govern interactions between employers and employees. Typically, there are two broad categories of employees, at-will employees or contingent workers, such as contract workers.
The majority of state laws provide that employment is considered to be at will. This means that an employer is permitted to terminate an employee from their position for any reason, as long as that reason is not illegal.
How Do Employment Laws Regulate Contracts?
The employment laws of each individual state also regulate employment contracts. These types of contracts are agreements between employers and employees that outline the basic responsibilities of the employee.
When an employee signs this type of contract, it is deemed to be binding. These contracts include the clauses an employer or employee may find within their employment contract.
An employer of an at-will employee may terminate the position at any time, with or without notice. In many cases, the employment contract will specify whether the employee is an at-will employee.
If, however, the contract does not specify the employee’s status and that employee is terminated without reason, the terminated employee may argue that the termination was wrongful. The employee may be able to argue that, pursuant to their contract, they could only be terminated for good cause.
There are several different types of employment contracts that an employee may be required to sign, including:
- A confidentiality agreement: This provides that the employee will not share any proprietary information regarding the company;
- A non-compete agreement: This provides that the employee agrees that, for a specified period of time after the employment ends, they will not work for a competing company or take away the company’s customers;
- An arbitration agreement: The employee agrees to arbitrate any disputes that arise with the employer rather than going to court; and
- A termination agreement: This provides that the employer may terminate the employee for any reason.
A potential employee should always take the time to carefully read and review any employment contract before they sign it. It may be helpful to have the assistance of an attorney who can review the contract and advise the individual regarding any issues they may need to consider or resolve prior to signing the employment contract.
What are the Labor Laws of Alaska?
Every state in the United States is bound by federal employment regulations. Each state, however, may also develop its own labor laws that supplement this federal code.
The State of Alaska has its own set of labor laws that add protections for employed residents in the state.
How Does Alaska Define Part-Time vs. Full-Time?
What constitutes full-time work or part-time work is not defined by The Wage and Hour Administration in Alaska. Alaska labor laws and rights apply to all workers in the state regardless of whether they are full-time or part-time workers as considered by their employers.
An employer will make the distinction regarding which employees are considered full-time and which are considered part-time based on the internal policies of the business. An employer may only offer certain benefits to a full-time employee.
It is up to the employees to research these types of policies and be aware of the policies of their potential employer or their employer.
What is the Minimum Wage in Alaska?
As of 2022, the minimum wage in Alaska is $10.34 per hour. This amount is the state minimum wage regardless of the number of employees that work for the company.
Alaska’s minimum wage is higher than the federal minimum wage. It is also higher than the minimum wage in numerous other states, including Georgia and Louisiana.
What About Overtime in Alaska?
The overtime laws in Alaska are required to comply with the Fair Labor Standard Act (FLSA). The FLSA provides that any employee who works more than 40 hours in a week must be paid time and a half for these hours.
Time and a half is defined as 1.5 times the employee’s regular hourly wage. In Alaska, workers must get overtime for any hours that exceed 8 hours in a single work day.
Alaska labor laws provide that employers are permitted to require overtime from workers. There are some positions that are exempt from overtime.
For example, managerial positions are exempt from overtime pay. In addition, contract workers are not eligible for overtime pay.
What Health Benefits are Available in Alaska?
Certain employees must be offered health benefits under the Affordable Care Act (ACA). Alaska employers that have 50 or more employees are required to offer health insurance to the majority of their full-time employees or they may be subject to a penalty fee.
Each individual employer determines who is eligible for benefits. Eligibility may be based on whether the employee is considered part-time or full-time.
What about Discrimination in Alaska?
Individuals who live and work in Alaska are covered by the regulations of the federal Equal Opportunity Employment Commission (EEOC). If an employee is unfairly or illegally discriminated against based on personal characteristics including race, ethnicity, gender, religion, or nationality, they can file a claim with the EEOC to be investigated.
Their claim may result in a lawsuit at the discretion of the EEOC. If the EEOC does not file a lawsuit, the individual can file their own suit once they have exhausted all available administrative remedies.
The Alaska Human Rights Commission added marital status as a personal characteristic to the list discussed above. Now, it is also illegal to discriminate against an Alaskan worker because of their marital status.
How Do I Take Time Off in Alaska?
Alaska employers are required to adhere to the requirements of the The Family Medical Leave Act (FMLA) in relation to time off work for sick employees. In addition to time off granted under the FMLA, there are also other federal laws and Alaska state laws that require employers to give time off for:
- Jury duty;
- Voting; and
- Military leave.
Where Can I Find a Local Lawyer to Help Me?
If you have any issues, questions, or concerns regarding the labor laws in Alaska, it may be helpful to consult with an Alaska labor lawyer. Your lawyer can advise you regarding any employment questions you may have in Alaska.
If a dispute arises in relation to your employment, your lawyer can assist you with filing a claim with the EEOC or other administrative body and represent you if a lawsuit becomes necessary.
