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Anchorage Unpaid Overtime Lawyers

Alaska law protects your right to be paid for every hour you work, including overtime.

Quick answer

Most Alaska employees must be paid one and one-half times their regular rate for hours over 8 in a day or 40 in a week (AS 23.10.060). An employee who wins may recover the unpaid overtime plus an equal amount as liquidated damages (AS 23.10.110). An Alaska overtime claim must be filed within two years after it accrues (AS 23.10.130).

Alaska overtime rules

Under the Alaska Wage and Hour Act, most employees must be paid one and one-half times their regular rate for overtime. Overtime is owed for hours over 8 in a day and for hours over 40 in a week (AS 23.10.060).

Federal law, the Fair Labor Standards Act, requires overtime for hours over 40 in a workweek (29 U.S.C. § 207(a)(1)). Alaska's daily overtime rule gives many workers more protection than federal law.

Who is covered by Alaska's overtime law?

Most hourly workers are covered. Some workers are exempt, including many executive, administrative, and professional employees and workers in certain industries. Alaska's overtime law also does not apply to employers with fewer than four employees (AS 23.10.060).

A job title or a salary does not by itself make someone exempt. The details of the job matter.

Common overtime violations

  • Working off the clock before or after a shift.
  • Being paid straight time for overtime hours.
  • Being labeled "salaried" or "exempt" when the job does not qualify.
  • Being treated as an independent contractor instead of an employee.
  • Daily overtime ignored because the weekly total stayed under 40 hours.

What can you recover for unpaid overtime?

  • Your unpaid overtime.
  • An equal amount as liquidated damages. Under Alaska law, a court may reduce this only if the employer proves, by clear and convincing evidence, that it acted in good faith and had reasonable grounds to believe it was not violating the overtime law (AS 23.10.110(d)).
  • Attorney fees and costs. In most cases where the employee wins, the employer must also pay reasonable attorney fees and costs (AS 23.10.110(e)).

Employees may also bring claims together on behalf of coworkers in the same situation.

How long do you have to file an overtime claim?

Under Alaska law, a claim for unpaid overtime must be filed within two years after it accrues (AS 23.10.130). Under federal law, the deadline is two years, or three years for willful violations (29 U.S.C. § 255(a)). Each week you wait can put older wages out of reach.

What to keep

  • Pay stubs and W-2s.
  • Schedules, time records, and any notes of hours you worked.
  • Texts and emails about your hours or pay.
  • Your job description or offer letter.

Frequently asked questions

What does a consultation cost?

Nothing. The first consultation is free, and talking with us does not obligate you to hire the firm.

I am paid a salary. Can I still be owed overtime?

Possibly. Being paid a salary does not by itself make you exempt. Whether you are owed overtime depends on your duties and how you are paid.

Do I still have a claim if I left the job?

Yes, you may. Former employees can bring overtime claims, subject to the same filing deadlines.

Sources

This page gives general information, not legal advice for your situation.