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In this chapter and in AS 23.05.010 - 23.05.280, unless the context requires otherwise
(1) "director" means the director of the labor standards and safety division of the Alaska Department of Labor and Workforce Development or the director's designee;
(2) "division" means the labor standards and safety division of the Alaska Department of Labor and Workforce Development;
(3) "rate of pay," as used in AS 23.05.160 means all remuneration for service from whatever source, including the basic hourly rate of pay, commissions, accrued vacation or holiday pay, cash value of board and lodging if customarily furnished by the employer and other similar advantages or fringe benefits received or anticipated to be received by an individual in the course of service that are a contractual condition of the employment;
(4) "regular wage, salary or other compensation," as used in AS 23.05.140 means that level of compensation paid to an employee for services that was usual and regular for a daily, weekly, or monthly period of work, as the case may be; this "regular" level is to be determined based on the employee's actual working situation and is not limited to a level of compensation based on a "standard" eight-hour workday or 40-hour workweek where the employee's regular and usual course of employment actually involved more or less hours of work for the relevant period; nothing in this paragraph requires that an employee have been hired on an hourly or weekly basis; the employee may have been paid by piece rate, salary, commission, or other method of compensation agreed upon between the employer and employee;
(5) "working days," as used in AS 23.05.140 with respect to an employer's obligation to pay within three working days after termination of an employee, means only Monday through Friday, except any legal holiday occurring in any applicable week; however, with respect to computing a penalty due an employee under AS 23.05.140 , "working days" means those days an employee customarily and regularly worked during the course of employment;
(6) "labor performed" as used in AS 23.05.140 (a), in the context of underground mining or tunnel operations, includes all time spent underground traveling to or from the mine or tunnel opening to the working face or worksite.
History: Eff. 5/18/78, Register 66; am 9/28/85, Register 95; am 1/2/91, Register 116; am 4/29/99, Register 150
Authority: AS 23.05.060
Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
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Last modified 7/05/2006