Alaska Paycheck Laws

Understanding how the laws in Alaska work regarding paychecks can be very important. Leaving a job is difficult enough but even more difficult if you do not receive your last paycheck. The same is true if you dispute with your current employer over paychecks you never received.

When Must Paychecks Be Sent Out in Alaska?

Alaska requires that employees be paid at least monthly. The frequency will depend on what their contract states. Employers can pay workers more often if they want to, but cannot pay them less frequently. If there is no mention of a pay period in the contract, then the employee must be paid on a semi-monthly basis. Under state or federal law, and there is no difference between hourly or salary employees when figuring out how often you get paid.

Thus, it is important to understand the terms stated in an employment contract. If there is a section covering the paycheck schedule, and the employer fails to follow this, they could face legal liability for their violation. Some cases can involve multiple employees (for instance, if the pay schedule issue affects an entire department or section of the company).

Look in your employee handbook if you do not have an employment contract. It should have provisions addressing how often you are to be paid.

What Happens to My Paycheck If I am Fired or If I Quit in Alaska?

According to Alaska law, if you are fired from a job, you must be given your final check within 3 business days. Someone who has quit their job should receive their last check by the next payday as long as it is at least 3 business days after giving the job notice.

Whether you quit or are fired, you might be able to get paid for any unused sick or vacation leave you did not take while working. This depends entirely on the type of contract you have with your company. There is no state law requiring paid sick or vacation leave in Alaska.

However, sick leave, vacation pay, and severance pay are benefits provided to an employee. An employer only has to pay these benefits if they have a policy to pay such benefits, have made a promise, or have a contract with you to pay these benefits.

Can My Paycheck Be Garnished Under Alaska Employment Law?

Wage garnishment is where the employer sets aside a portion of the employee’s wages in order to address the employee’s outstanding debt. This can happen in many different situations – it is commonly applied in situations where the employee has outstanding child support that they haven’t paid, but it can be used in situations as prosaic as credit card debt.

Your paycheck can have money taken out of it to pay for your debts, but a court order may be needed before it can be taken. Under Alaska law, an automatic garnishment can be placed on your wages for specific types of debts, including back child support, defaulted student loans, and back taxes. For all other garnishments, such as personal debt, the company to which you owe money has to go to court first and ask that your paycheck be garnished.

Cash or cash register shortages; lost, missing, or stolen property; and damage you did to company property can only be deducted if you have admitted willingly and in writing to having personally taken the specific amount of cash or property alleged to be lost, stolen, or damaged. If you do not sign such a document, then the employer must take you to court to recover the money, just as any other creditor would.

If your employer has loaned you funds, they can deduct the amount from your earnings as long as you have given written authorization. Signing a “blanket” authorization at the time of hire is not valid to cover future deductions.

As a rule, deductions cannot reduce your gross pay below minimum wage or cut into your overtime.

Can I Recover a Withheld Paycheck in Alaska?

If your employer withholds your paycheck, you can file a complaint with the Alaska Division of Labor Standards and Safety. The department will then notify your employer about your complaint, and they have 20 days to respond to the complaint or resolve it.

You can also hire a lawyer and sue your employer for your final paycheck. The case will often be made stronger if this is an ongoing issue or if it has occurred before.

If a large number of workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all that is owed to the whole group of people. They will then divide it up amongst the class’s members.

A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your own personal lawsuit. By uniting your claims with those of your co-workers, you will share all of the costs of bringing a lawsuit with the group members.

Does Alaska Have Laws that Protect Paychecks from Employment Discrimination?

Alaska employers are not allowed to discriminate against their employees based on their race, sex, age, religion, national background, pregnancy status, or a legally recognized medical condition or disability. For instance, they cannot deny a person their paycheck or reduce their paycheck based on their race. They also cannot provide other groups of workers with preferential treatment based on those categories.

In cases where discrimination may have been an issue, it is usually necessary to file first with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the matter and prescribe a remedy for the employee. If the EEOC’s actions still do not provide a suitable remedy, it may become necessary to file a private lawsuit to recover damages caused by the discrimination.

To do this, they should gather any documents or statements that might help their case. This can include pay stubs, emails, text messages, statements from other workers, and other forms of evidence. This can be a complex matter and may require the assistance of a legal professional.

Furthermore, employers cannot retaliate against a worker solely because they have filed a discrimination claim. In the event that the EEOC cannot provide a suitable remedy, then a lawsuit may be the next option.

What Else Should I Know about Alaska Paycheck Laws?

If your employer provides transportation, pays your way, or loans you the cost of transportation from your place of hire to Alaska, the employer must pay your way back. Your employer is not required to pay for your return transportation if you were terminated for fighting, intoxication, lying on your job application, or having unexcused absences from duties for more than three consecutive scheduled work days.

If you quit your job, your employer is not required to pay for your return transportation unless the employer misrepresented wages, lodging, or working conditions or if you quit for health or safety reasons.

Where Can I Find the Right Lawyer for an Issue with My Paycheck in Alaska?

If you are struggling to get your paycheck from your employer, you should contact an Alaska employment lawyer immediately. A lawyer can assert your right to your paycheck and help you collect the pay that is owed to you.