8 AAC 30.900 - General definitions
In this chapter and in AS 36
(1) "commissioner" means the commissioner of
labor and workforce development;
(2) "crafts" and "occupations" mean the
occupations identified in the Standard Occupational Classification
Manual (2018 edition);
(3) "debar"
or "debarment" means being placed on a list of persons who are barred from
performing public contracts under
AS
36.05.090;
(4) "department" means the Alaska Department
of Labor and Workforce Development;
(5) "director" means the director of the
labor standards and safety division of the department;
(6) "disregarded their obligations to
employees" (or a grammatical variant) as used in
AS
36.05.090 and this chapter includes any of
the following:
(A) failure or refusal to pay
basic prevailing wages;
(B) failure
or refusal to pay fringe benefits into the appropriate union trust, approved
private pension plan, or other approved fringe benefit plan within applicable
time limits;
(C) failure to pay at
least once a week;
(D) failure to
pay unconditionally; or
(E) failure
to report wage payments to employees accurately and timely as required by
AS
36.05.040;
(7) "division" means the labor standards and
safety division of the department;
(8) "eligible resident" means a person who
meets the requirements of
AS
36.10.140(a) and
AS
01.10.055 and who, under
8
AAC 30.072, would be determined to be a resident of an
area that has been determined by the department under this chapter to be a
resident hiring zone of preference;
(9) "hire" and its derivatives mean engaging
an individual to work on a public-funded project, and includes the transfer of
an existing employee from one location to another or from one craft or
occupation to another;
(10)
"interest" as used in
AS
36.05.090 means more than five percent
investment in a partnership or association, more than ten percent share in
stock in a corporation, or holding any elected or appointed office in the
business entity;
(11) "majority
penetration" means that the majority of qualified laborers, mechanics, and
field surveyors working at a particular skill level in a particular job class,
as indicated by response to a department survey, receive a particular
wage;
(12) "marginally employed"
means that a person is employed for fewer than 30 hours a week and the person
wishes to work 30 hours or more a week;
(13) "owner/operator" as used in
8
AAC 30.020(d) means those independent
contractors who by virtue of the duties they perform, or the manner in which
they perform them, cannot be considered employees of the person or entity who
has contracted for their services in this pargraph,"independent contractor"
means a person who
(A) has an express
contract to perform the services;
(B) is free from direction and control over
the means and manner of providing services, subject only to the right of the
individual for whom, or entity for which, the services are provided to specify
the desired results, completion schedule, or range of work hours, or to monitor
the work for compliance with contract plans and specifications, or federal,
state, or municipal law;
(C) incurs
most of the expenses for tools, labor, and other operational costs necessary to
perform the services;
(D) has an
opportunity for profit and loss as a result of the services performed for the
other individual or entity; and
(E)
is free to hire and fire employees to help perform the services for the
contracted work
(14)
repealed 8/9/2001;
(15) "person"
and "persons" as used in
AS
36.05.090 means a person as that term is
defined in
AS
01.10.060(8);
(16) "prevailing wage rate" means the total
of the basic hourly rate, health and welfare, pension, legal service,
apprentice training payments and other fringe benefits which inure to the
benefit of the worker, as published by the department;
(17) "public-funded project" means a project
described in
AS
36.10.180 and
AS
36.95.010(3);
(18) "qualified" means having the education,
training and experience necessary to perform the duties and satisfy the terms
and conditions which are usual for the industry or profession or having the
status specified in
AS
36.95.010(4);
(19) "state agency" means a state agency
described in
AS
36.10.180(a)(1);
(20) "state employment centers" means those
offices maintained by the department whose functions are to aid the unemployed
in finding employment;
(21)
"underemployed" means employed in a job that requires less skill or training
than a job for which the employee is trained and qualified.
(22) "domiciled resident" means a person
living within 65 road miles of a public construction project, or in the case of
a highway project, the mid-point of the project, for at least 12 consecutive
months prior to the award of the public construction project;
(23) "employed on the project" means the time
period from the date the laborer, mechanic, or field surveyor first reports
on-site to the project through the final date the person reports on-site to the
project.
Notes
Authority:AS 23.05.060
AS 36.05.030
AS 36.10.075
AS 36.10.140
AS 36.95.010
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