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.
