Section 8.15.102. Voluntary flexible work hour plans.

	(a)  A request for an exemption for a voluntary flexible work hour plan established under AS 23.10.060(d)(14) must be signed by the employer and submitted to a wage and hour administration office of the department. The request must be in writing on a form provided by the department, and must include  
		(1) a statement that the employer and employee participating in the flexible work hour plan understand that work performed in excess of 10 hours in a day or in excess of 40 hours in a week must be compensated at the rate of one and one-half times the regular rate of pay;  
		(2) a description of the daily and weekly hours to be worked under the flexible work hour plan;  
		(3) a statement that the flexible work hour plan has not been made a condition of employment and that participation in the plan is voluntary; and  
		(4) the signature of the employer or authorized representative.  
	(b)  The department will approve a voluntary flexible work hour plan that conforms to the requirements of this section and the provisions of AS 23.10.060(d)(14). An approved plan constitutes the certificate required in AS 23.10.060(d)(14)(B). The department will issue the certificate, or a notice of denial, within five working days after receipt of the plan. A certificate issued under this section takes effect on the day it is signed by the department's representative. A voluntary flexible work hour plan may not be instituted until the certificate takes effect. A notice of denial issued by the department under this section will include the specific reason for the denial.  
	(c)  An appeal of a notice of denial must be filed with the commissioner within 20 days after receipt of the notice of denial. The appeal must be in writing, and must set out the specific reasons upon which the appeal is based. The commissioner will grant or reject the appeal within 10 workdays after receipt of the appeal. The commissioner's decision is final.  
	(d)  As part of the records required under AS 23.10.100, an employer must maintain a signed statement of voluntary participation of each employee participating in an approved voluntary flexible work hour plan.  
	(e)  An employee may choose to participate in an approved voluntary flexible work hour plan at initial employment or at any other time during employment. Once an employee has chosen to participate in an approved voluntary flexible work hour plan, that employee is bound to do so, and may opt out of participation in the voluntary flexible work hour plan only from November 1 through December 31 each calendar year. Termination of an employee, regardless of the cause of termination, voids that employee's participation. An employee who is rehired by the employer must again choose to participate in the voluntary flexible work hour plan in order to be included in the approved plan. Nothing in this subsection prohibits the employer and employee from agreeing to the withdrawal of the employee from an approved plan at any time.  
	(f)  A voluntary flexible work hour plan is not valid, unless the employee working under the plan has been offered an equivalent weekly schedule of hours with overtime pay after eight straight time hours in a day.  
	(g)  The department will not approve a voluntary flexible work hour plan for a weekly schedule of less than four days or 33 hours.  
	(h)  Except for occasional deviations in an employee's work schedule that do not exceed 20 percent of the weeks worked by an employee under a voluntary flexible work hour plan, an employer shall pay overtime as required by AS 23.10.060(b) when an employee deviates from the approved flexible work hour plan.  

Authorities

23.05.060;23.10.060;23.10.085;23.10.100

Notes

Authority

AS 23.05.060 AS 23.10.060 AS 23.10.085 AS 23.10.100

History

Eff. 9/28/85, Register 95; am 3/2/2008, Register 185