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Alaska Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Alaska on
Q: Located in Alaska-I work at a union Safeway location. I am 8 months pregnant. I have accommodations in place for a stool

I have had reduced hours for the last several months. My store is currently stating that I cannot work at self checkout due to my stool as it is a "tripping hazard". Are they legally allowed to claim this and use the stool accommodation as a reason for not being scheduled for this... View More

Sara L Bloom
Sara L Bloom
answered on Jan 2, 2024

I would speak to your union if your company is violating the CBA by violating seniority rights. You may also want to contact the Anchorage Equal Rights Commission and/or the Alaska State Commission for Human Rights or EEOC and file a claim for discrimination based on pregnancy or sex. You can... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Alaska on
Q: Hired as an employee but the contract signed said Independent contractor covenants and proprietary rights agreements

I want to know if the contract would still be legally binding when trying to get unemployment the company won't give unemployment my Paystub I never received copies either I want to know if I can go after them legally. The Company was in Mississippi but I was hired from Alaska I would like to... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, the distinction between being classified as an employee or an independent contractor is crucial, especially in terms of unemployment benefits. If your contract stated you were an independent contractor but you were treated as an employee, this could be a misclassification issue,... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Alaska on
Q: what does AS.23.30.015(g) mean to an employee?
Sara L Bloom
Sara L Bloom
answered on Nov 2, 2023

For example, you are in an accident with another driver unrelated to your employment, who is liable for the accident while you were on the clock with your employer. As a result of being on the clock, you filed for Worker’s Compensation and you received benefits under Worker’s Comp. You then... View More

1 Answer | Asked in Employment Law for Alaska on
Q: Can I run a background check on my employee that has been working for 60 days? She becomes permanent at 90 days.
James L. Arrasmith
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answered on Oct 23, 2023

Under federal law, employers can conduct background checks on prospective and current employees, but there are certain requirements and restrictions governed by the Fair Credit Reporting Act (FCRA). Before conducting a background check using a third-party agency, you must obtain written consent... View More

1 Answer | Asked in Employment Law for Alaska on
Q: Can my employer tell my aunt what I got paid?

I live with my aunt. I got this job from a connection my aunt has. My aunt doesn’t work within the company. I live in Anchorage Alaska. I am 20 Years old.

James L. Arrasmith
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answered on Oct 23, 2023

Generally, your employer should not disclose your pay to third parties without your consent due to privacy considerations. The disclosure of your salary to someone, even a family member, without your permission could be deemed an invasion of privacy or a breach of confidentiality.

If your...
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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alaska on
Q: Do companies have a legal obligation to protect customers from sexual harassment by the company’s employees?

I'm a client which I've been working with a contracting company. One of female managers won't stop flirting with me. She's married too. The manager likes to share their past and current sexual experiences. Do companies have a legal obligation to protect customers from sexual... View More

Brad S Kane
Brad S Kane
answered on Jun 24, 2023

Sometimes. For good discussion of the issues go to:

https://www.employmentlawworldview.com/the-customer-may-not-always-be-right-when-it-comes-to-sexual-harassment-us/

1 Answer | Asked in Employment Law for Alaska on
Q: Hi there My name is Veronica and I am a traveling nurse from florida. I took a contract with a nursing agency

I flew out from florida with the impression I was going to work in bethel Alaska. Upon arriving to anchorage I was told the hotel I was supposed to stay at closed down and that I should get a hotel in anchorage. Thus far I am out of pocket $1900.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 6, 2023

You should check your contract to see if there are any provisions that cover reimbursement for out of pocket expenses. Even if there aren't any, you should make a written request for reimbursement for the out of pocket expenses you've had to incur as a result of this error.

1 Answer | Asked in Employment Law for Alaska on
Q: Employer says company won’t compensate for weekend travel per “company policy” but state dept. of labor info differs?

Traveling for work purposes out of state (to CA). Company booked flight for Saturday morning, departing 6am, arriving at 6:30pm in CA. Working the following day (Sunday). Company says travel will only be compensated during normal employee hours per policy (job is mon-fri, 8-5pm). But state dept. of... View More

Brad S Kane
Brad S Kane
answered on Mar 28, 2023

You should provide copies of the California Division of Labor Standards enforcement as well as the Alaska Department of Labor print outs showing that travel time on weekends is still compensable work time.

1 Answer | Asked in Employment Law for Alaska on
Q: Is there an exception to Article 3. for example if you did not discover you were not paid you were entitled to in 2021
Brad S Kane
Brad S Kane
answered on Jun 15, 2022

Claims for unpaid overtime or minimum wage must be filed within two years from the date the work was actually performed. Claims for straight-time wages or other promised benefits should be filed within three years from the date the work was actually performed. You should file a claim as soon as you... View More

1 Answer | Asked in Employment Law for Alaska on
Q: Employment law question: if I work at will, 29.5 a week, low long in advance I need to submit my resignation letter?
Brad S Kane
Brad S Kane
answered on Oct 23, 2021

At will employment means both you and your employer can terminate your employment relationship at anytime.

While employers often request two weeks notice, it is not legally required, unless you signed a contract for a definite term. Even if there is a contract for a definite term, the...
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1 Answer | Asked in Employment Law for Alaska on
Q: Can an employee say willful disregard for employers imterest after employee worked over 48 hrs every week for 6 years .

I worked 80hrs week b4 1st suspension, and I worked 14 1/2 hrs when they suspended pending term. Both times I showed up I was just late due to oversleeping. Was exhausted.this happened after I told my regional I needed to speak with him it was an emergency that the job I transferred to wasn’t... View More

Carrie Dyer
Carrie Dyer
answered on Apr 7, 2021

As long as you are being properly compensated for the hours you are working, there is generally no limit on the hours an employer can ask you to work. If you are late to work for oversleeping, your employer can discipline you. If you have unpaid wages, as you mentioned, you should contact an... View More

1 Answer | Asked in Employment Law and Civil Rights for Alaska on
Q: Can a company use screenshots taken from a private message on social media to discipline an employee?

A coworker’s social media account was accessed by another employee on a work computer. Screenshots were taken by employee who was not intended recipient. They are being used against me in a disciplinary meeting. Neither of the intended parties gave permission for screenshots to be taken of... View More

Greg Mansell
Greg Mansell
answered on Nov 6, 2019

If you work for a private employer, yes. Your employer can take action. The employee who intercepted them, however, may have violated laws in how they were obtained.

1 Answer | Asked in Health Care Law and Employment Law for Alaska on
Q: I am a mental health provider who received a subpoena to appear but I am no longer employed at the facility.

The ROI signed at the time was for the facility, not individual providers, and I have no access to my assessment/notes from our sessions. How should I respond?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2017

Tell them that, obviously.

1 Answer | Asked in Employment Law and Tax Law for Alaska on
Q: What do I do if I cannot obtain a copy of my W4 because the company refuses to return contact?

I received my W2 showing no federal tax withheld for the entire year but I don't believe I filled out my W4 that way. I'm trying to grt a copy and they won't return my contact. I want to make sure they aren't trying to screw me over because I left the company. I got married and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2017

If they didn't withhold any of your wages, the IRS didn't get any money, so you will not get credit for what they should have withheld. Whether or not you gave them a W4 (by which they didn't withhold taxes) is immaterial. You will have to pay tax on the entire amount of your wages... View More

1 Answer | Asked in Employment Law for Alaska on
Q: I was terminated. Isn't it my right to receive my last paycheck?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2015

Generally, yes. If you haven't received it yet, you should contact the Alaska Department of Labor.

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