Employment Law in Alaska

Pre-employment/Promotion

Hiring

Under federal law, an employer doesn't have to hire, or promote, the most qualified applicant. But the employer cannot base decisions on personal characteristics that are not job-related. These characteristics often include:

• Age
• Race
• Sex
• Religion
• National origin
• Disability

An interviewer isn't allowed to ask questions relating to these characteristics. Interview questions that aren't allowed include:

• Are you married? Are you planning to get married?
• Do you have children? Are you planning to have children?
• Where were you born?
• What's your sexual orientation?
• Have you ever been arrested?

An interviewer can, however, ask about a personal characteristic if it could hinder your ability to fulfill the job's requirements. Some examples might be:

• Have you ever been convicted of a crime?
• Can you prove that you are eligible to work in the US?
• Can you do this job with, or without, reasonable accommodations?

References

A previous employer is free to provide any non-confidential information about a previous employee, as long as it's true and isn't provided to maliciously harm the employee. An employer, who provides false information that disparages the employee, may be liable for defamation. In order to avoid potential liability, many employers often refuse to comment on a past employee's job performance and confirm only dates of hire and separation, plus wage or salary information.

Employment

At Will

In the majority of states, employees not working under an employment contract are deemed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Typically such reasons fall into one of two large categories: illegal discrimination or illegal termination in violation of a public policy. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.

Even though Alaska is an employment-at-will state, an employer still must act in good faith and fair dealing. This means that an employer made no misrepresentations, that the employment relationship is entered into in good faith and that the employer will treat the employee fairly.

Employee Handbooks

While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. An employee handbook also provides more convenient access by employees and managers.

At a minimum, an employee handbook should include:

• A statement regarding the at-will employment relationship
• An equal employment opportunity statement
• A policy regarding sexual and other types of harassment in the workplace
• Internet access, e-mail, and voice mail policies
• The Family Medical Leave Act

The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

Workplace Safety

Federal and state laws require that most employers furnish a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. In most instances, an employee may anonymously complain about an unsafe work environment and be protected against employer reprisals.

The Occupational Safety and Health Section enforces state occupational safety and health regulations. This section provides consultative services and training to public and private sector employers and employees. The programs administered include Voluntary Protection Program (VPP); Safety and Health Achievement Recognition Program (SHARP); Asbestos Certification Program; Hazardous Paint Program and the Blaster Certification Program.

Workplace Injury

Workers' compensation laws are designed to compensate employees who have been injured or killed in work related accidents according to a fixed monetary scheme, without having to resort to litigation. Workers' compensation requires your employer to pay medical costs and part of your lost wages if you are injured, or become ill, because of work conditions. Dependents of a fatally injured employee may also be entitled to benefits. Employers may be protected by limits placed on the amount of an employee's recovery.

The Alaska Workers' Compensation Act is a law that covers most Alaska employees and employers. Employers who employ one or more workers must have workers' compensation insurance. An employer must buy the insurance from a licensed insurance company or be self-insured. Your employer cannot require you to pay any part of the insurance premium. If your employer does not have workers' compensation insurance, contact the Workers' Compensation Division or an attorney right away.

Your weekly compensation rate is based on your gross weekly earnings. It is 80% of your spendable weekly wage, but is subject to certain limits. Your spendable weekly wage is figured by subtracting federal income and social security taxes from your gross weekly earnings.

There are four types of disability and impairment benefits:

• Temporary Total Disability (TTD) benefits are paid at your weekly rate until you are medically stable or can return to work, whichever comes first
• Temporary Partial Disability (TPD) benefits are paid if you can return to work, but you earn less for a limited time while recovering
• Permanent Partial Impairment (PPI) benefits are paid in addition to temporary disability benefits and are for permanent physical loss
• Permanent Total Disability (PTD) benefits are paid if you can no longer regularly and continuously work because of your work injury

Sexual Harassment

An employer may be liable to an employee for instances of "sexual harassment," which can include unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace. The following conduct is generally considered sexual harassment:

• Direct sexual conduct-an employer makes sexual advances or statements
• "Quid pro quo" -job-related benefits are offered in exchange for sexual conduct
• Hostile work environment-an employer maintains an overly sexual work environment

Because the laws determining what conduct, or pattern of conduct, constitutes actionable sexual harassment are complex, a licensed attorney should be contacted to review individual circumstances.

Discrimination and Wrongful Termination

Employers are not allowed to terminate or discriminate against employees for the following reasons:

• Age
• Race
• Sex
• Religion
• National origin
• Disability
• Pregnancy

It's illegal for an employer to consider these characteristics with regard to:

• Promotions
• Job assignments
• Termination
• Wages

And it's illegal for an employer to terminate an employee:

• For refusing to break a law
• In retaliation for filing a discrimination or safety claim
• For taking leave under the Family and Medical Leave Act
• Without following its own stated procedure or policy
• For reasons not contained in the employment contract, if one exists

Family and Medical Leave

The Federal Family Medical Leave Act (FMLA) and the Alaska Family Leave Act (AFLA) are designed to help employees balance the demands of their jobs and the needs of their families. Employee Services is responsible for statewide policy and for resolution of difficult issues arising under the FMLA and AFLA.

FMLA provides the following:

• Up to 12 weeks off from work to care for the employee or a family member with a serious health condition
• Up to 12 weeks off from work to bond with a newborn, adopted or foster child
• The State is obligated to maintain the employee's health insurance, basic life insurance and travel accident insurance for the duration of the leave
• FMLA leave is job-protected leave, meaning that an employee is restored to the same position he or she occupied prior to taking leave

AFLA provides the following:

• Up to 18 weeks off from work to care for the employee or a family member with a serious health condition
• Up to 18 weeks off from work to bond with a newborn or adopted child
• AFLA leave is job-protected leave, meaning that an employee is restored to the same position he or she occupied prior to taking leave

An employee is eligible when they:

• Have worked for the same employer for the previous 12 months
• Have worked at least 1,250 hours in the previous 12 months
• Are employed by a "covered" employer, which is:
  • All federal, state, and local governments and agencies
  • Private employers with 50 or more employees for 20 weeks in the calendar year and engaged in interstate commerce

Post-employment

Unemployment Benefits

Unemployment benefits are based on combinations of federal and state statutes. Unemployment compensation programs are administered by the state and normally provide monetary compensation to workers who have been terminated without cause, through no fault of their own. Employees who voluntarily terminate their employment for "good cause" may also be entitled to benefits.

In Alaska, any person may qualify for regular unemployment benefits if they worked in covered employment and earned enough wage credits. The amount of benefits you will be eligible for is based on wages earned in the first four of the last five calendar quarters. There are continuing requirements that a person be available for work, able to work and actively seeking work.

Your unemployment insurance benefits are based on the amount of wages earned during your base period. The benefits range from $44 - $248 per week. You may be eligible to receive an additional $24 per week, for each dependent child. Duration of benefits is a minimum of 16 weeks and up to a maximum of 26 weeks.

COBRA

Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), which is a federal law, employees may be allowed to continue their health insurance benefits, at the employee's expense, for up to 18 months after either voluntary or involuntary termination, if the employer has 20 or more employees.

To qualify for COBRA continuation coverage, an employee must have a qualifying event that causes the employee to lose group health coverage. The following are qualifying events:

For employees
• Voluntary or involuntary termination of employment for reasons other than gross misconduct
• Reduction in numbers of hours worked
For spouses
• Loss of coverage by the employee because of one of the qualifying events listed above
• Covered employee becomes eligible for Medicare
• Divorce or legal separation of the covered employee
• Death of the covered employee
For dependent children
• Loss of coverage because of any of the qualifying events listed for spouses
• Loss of status as a dependent child under the plan rules

Related Web Links:

- Alaska Department of Labor & Workforce Development
- Employment Law for Employees message boards for more help