Section 8.15.101. Overtime for line haul truck drivers.

	(a)  If an employer of a line haul truck driver elects not to use the overtime rate established in AS 23.10.060(b), the employer shall establish alternate rates of overtime pay that meet the requirements of AS 23.10.060(d)(15) and this section. This alternative rate of overtime pay must be explained in writing, and the written explanation must be signed by the employee.  
	(b)  An alternative rate of overtime pay may be calculated as a mileage rate, a fuel usage rate, or on some other reasonable basis; however, any formula used to calculate an alternate rate of overtime pay must take into consideration the time spent performing all of the duties of a line haul truck driver on the route for which the rate was established, including the time spent  
		(1) driving;  
		(2) hooking up;  
		(3) fueling;  
		(4) tying down;  
		(5) chaining up and unchaining;  
		(6) performing pre-trip and in-transit equipment and load checks;  
		(7) during breakdowns;  
		(8) making tire repairs;  
		(9) offloading; and  
		(10) completing required paperwork.  
	(c)  If an employer averages the time spent performing the duties identified in (b) of this section over time, those averages are subject to review by the department to determine if they are accurate and reasonable. The department will, in its discretion, require the employer to validate an average used by having the employer record the actual hours currently worked by drivers operating over the route in which the average is being applied. If a department's audit of the actual hours currently worked reveals a substantial difference from the average used by the employer, and the result is that the employer's rate of overtime pay is less than the minimum rate that would be payable under AS 23.10.060(b), the department will, in its discretion,  
		(1) consider the employer's previous audits or annual adjustments and then reevaluate the employer's rate of overtime pay for compliance with this section;  
		(2) order the employer to make whatever adjustments are necessary to make the employer's rate of overtime pay comparable to the minimum rate required in AS 23.10.060(b); or  
		(3) void the employer's exemption under AS 23.10.060(d)(15).  
	(d)  Before implementing an alternate rate of overtime pay, an employer shall, in accordance with AS 23.05.160, notify each employee affected by the alternate rate of overtime pay on the payday before the new rate is implemented.  
	(e)  Upon the request of a driver, the employer shall provide the driver with a copy of the formula and substantiating records used to determine the rate of overtime pay for a specific route.  
	(f)  Except as provided in (g) of this section, an employer shall  
		(1) annually certify that the rate of overtime pay for each route has been reviewed and found to be appropriate; and  
		(2) post a copy of the annual certification and the rate of overtime pay for each route in a conspicuous place where each driver may review them.  
	(g)  If the formula for determining the rate of overtime pay has been negotiated with a collective bargaining representative, possession of the formula by that representative satisfies the posting requirements of (f)(2) of this section as long as the representative makes the formula available to all drivers. An employer who has entered into a collective bargaining agreement is exempt from the certification requirements of (f)(1) of this section as long as the employer is subject to a collective bargaining relationship which includes a negotiated formula for overtime pay.  

Authorities

23.05.060;23.10.060;23.10.085;23.10.100

Notes

Reference

8 AAC 15.905

Authority

AS 23.05.060 AS 23.10.060 AS 23.10.085 AS 23.10.100

History

Eff. 11/6/92, Register 124; am 9/15/94, Register 131; am 4/29/99, Register 150; am 3/24/2011, Register 197