HB 2: "An Act exempting certain unpaid students from the Alaska Wage and Hour Act."

00 HOUSE BILL NO. 2 01 "An Act exempting certain unpaid students from the Alaska Wage and Hour Act." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.10.055(a) is amended to read: 04 (a) The provisions of AS 23.10.050 - 23.10.150 do not apply to 05 (1) an individual employed in agriculture, which includes farming in 06 all its branches and, among other things, includes the cultivation and tillage of the soil, 07 dairying, the production, cultivation, growing, and harvesting of any agricultural or 08 horticultural commodities, the raising of livestock, bees, fur-bearing animals, or 09 poultry, and any practices, including forestry and lumbering operations, performed by 10 a farmer or on a farm as an incident to or in conjunction with the farming operations, 11 including preparation for market, or delivery to storage or to market or to carriers for 12 transportation to market; 13 (2) an individual employed in the catching, trapping, cultivating or 14 farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of 15 animal and vegetable life;

01 (3) an individual employed in the hand picking of shrimp; 02 (4) an individual employed in domestic service, including a baby- 03 sitter, in or about a private home; 04 (5) an individual employed by the United States or by the state or a 05 political subdivision of the state, except as provided in AS 23.10.065(b), including 06 prisoners not on furlough detained or confined in prison facilities; 07 (6) an individual engaged in the nonprofit activities of a nonprofit 08 religious, charitable, cemetery, or educational organization or other nonprofit 09 organization where the employer-employee relationship does not, in fact, exist, and 10 where services rendered to the organization are on a voluntary basis and are related 11 only to the organization's nonprofit activities; for purposes of this paragraph, 12 "nonprofit activities" means activities for which the nonprofit organization does not 13 incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended; 14 (7) an employee engaged in the delivery of newspapers to the 15 consumer; 16 (8) an individual employed solely as a watchman or caretaker of a 17 plant or property that is not in productive use for a period of four months or more; 18 (9) an individual employed 19 (A) in a bona fide executive, administrative, or professional 20 capacity; 21 (B) in the capacity of an outside salesman or a salesman who is 22 employed on a straight commission basis; or 23 (C) as a computer systems analyst, computer programmer, 24 software engineer, or other similarly skilled worker; 25 (10) an individual employed in the search for placer or hard rock 26 minerals; 27 (11) an individual under 18 years of age employed on a part-time basis 28 not more than 30 hours in a week; 29 (12) employment by a nonprofit educational or child care facility to 30 serve as a parent of children while the children are in residence at the facility if the 31 employment requires residence at the facility and is compensated on a cash basis

01 exclusive of room and board at an annual rate of not less than 02 (A) $10,000 for an unmarried person; or 03 (B) $15,000 for a married couple; 04 (13) an individual who drives a taxicab, is compensated for taxicab 05 services exclusively by customers of the service, whose written contractual 06 arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch 07 services are based upon flat contractual rates and not based on a percentage share of 08 the individual's receipts from customers, and whose written contract with owners of 09 taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that 10 the contract places no restrictions on hours worked by the individual or on areas in 11 which the individual may work except to comply with local ordinances; 12 (14) a person who holds a license under AS 08.54 and who is 13 employed by a registered guide-outfitter or master guide-outfitter licensed under 14 AS 08.54, for the first 60 workdays in which the person is employed by the registered 15 guide-outfitter or master guide-outfitter during a calendar year; 16 (15) an individual engaged in activities for a nonprofit religious, 17 charitable, civic, cemetery, recreational, or educational organization where the 18 employer-employee relationship does not, in fact, exist, and where services are 19 rendered to the organization under a work activity requirement of AS 47.27 (Alaska 20 temporary assistance program); 21 (16) an individual who 22 (A) provides emergency medical services only on a voluntary 23 basis; 24 (B) serves with a full-time fire department only on a voluntary 25 basis; or 26 (C) provides ski patrol services on a voluntary basis; 27 (17) a student participating in an unpaid practicum as part of a 28 course of study at a postsecondary school; in this paragraph, "practicum" means 29 a program for a student to gain practical work experience as part of a 30 curriculum at a postsecondary school [A UNIVERSITY OF ALASKA 31 PRACTICUM DESCRIBED UNDER AS 14.40.065];

01 (18) an individual who is employed by a motor vehicle dealer and 02 whose primary duty is to 03 (A) receive, analyze, or reference requests for service, repair, 04 or analysis of motor vehicles; 05 (B) arrange financing for the sale of motor vehicles and related 06 products and services that are added or included as part of the sale; or 07 (C) solicit, sell, lease, or exchange motor vehicles.