Section 8.30.081. Compliance with preference requirements.

	(a)  To comply with AS 36.10.150 - 36.10.175, an employer subject to a resident hiring preference shall meet the relevant resident hire percentage, prescribed under this chapter, for each separate workweek. If an area has been determined to be a zone of preference for more than one type of resident hiring preference, the requirements of each preference apply. An employer may count the hire of an eligible resident toward satisfaction of each preference for which the resident qualifies.  
	(b)  An employer subject to a resident hiring preference shall certify that each person hired as a resident under the preference was eligible for the preference at the time of hiring. The employer's certification must be provided on the weekly certified payroll form filed with the department (Form 07-6058); must include the name and residence address of each employee on the project, including supervisory employees; and must include a statement of compliance with all resident hiring preferences in effect.  
	(c)  A labor organization that dispatches members for work on a public-funded project subject to a resident hiring preference shall certify to the employer at the time of dispatch that each person dispatched as a resident to meet a preference was eligible for the preference at the time of dispatch. The labor organization's certification must be in writing and must include the name and residence address of each person dispatched to the project.  
	(d)  An employer subject to a resident hiring preference who is unable to find enough eligible residents may request from the department a waiver to hire an ineligible person for a specific job. The waiver request must be submitted to the department at least seven calendar days before the waiver is required to be considered for approval. Within three working days, the department shall determine whether the contractor's proposed minimum qualifications for the position covered by the waiver request are acceptable. The employer must place an advertisement using at least one public form of statewide advertising, such as a newspaper with statewide circulation, and must request that the Alaska Employment Service post a statewide facilitated recruitment job order through the Alaska Job Center Network. The advertisement and the job order must run for at least three calendar days, and both must   
		(1) state that the purpose of the request is to satisfy employment preference requirements of this state under AS 36.10  and that applicants must be residents of this state;   
		(2) list the job title and minimum qualifications as accepted by the department;   
		(3) identify the rate of pay including fringe benefits and other compensation, such as travel or room and board;  
		(4) identify the job location, expected duration of the job, and the number of expected daily and weekly work hours; and  
		(5) specify that all job seekers apply through the Alaska Job Center Network.  
	(e)  An employer subject to a resident hiring preference who is unable to find enough eligible residents from either private sources or from the applicants referred by the state employment center under (d) of this section may request from the department a waiver to hire an ineligible person for a specific job. A request for a waiver under this subsection must contain  
		(1) a description of the job for which a waiver is requested, to include the wages, benefits, expected start date, work schedule, and job duration;  
		(2) the required qualifications for the job for which a waiver is requested;  
		(3) the qualifications of the person for whom the waiver is requested;  
		(4) the name and residence address of the person for whom the waiver is requested;  
		(5) a description of the employer's efforts to obtain an eligible resident from private sources for the job for which a waiver is requested;  
		(6) a copy of the recruitment report from the Alaska Job Center Network containing the following information and documentation:   
			(A) a copy of the job order, a listing of all applicants from the job order and other private recruitment efforts, and the listing of the applicants referred to the employer;  
			(B) the recruitment result report to show the number of individuals interviewed, hired or not hired;  
			(C) and, a statement from the Alaska Job Center Network that the employer did or did not comply with the recruitment requirements;  
		(7) the name and location of the project for which the waiver is requested; and   
		(8) an explanation of why each applicant referred was not hired.  
	(f)  The department will grant a waiver to employ an ineligible person if the employer establishes, to the department's satisfaction, that there are no qualified eligible residents for a specific job. A waiver granted by the department expires six months from the approval date, at the completion of the specific job for which the ineligible person was hired, or at the time the ineligible person terminates, whichever occurs first. The department will either grant or deny the waiver within 20 working days after receiving the request for a waiver and the supporting evidence required under (e) of this section.  
	(g)  A waiver granted under this section will be determined invalid unless the same benefits provided to the ineligible nonresident, such as housing and transportation to the work site, are also offered and provided to eligible resident applicants.  

Authorities

36.10.070;36.10.075;36.10.140;36.10.180;36.10.190

Notes

Authority

AS 36.10.070 AS 36.10.075 AS 36.10.140 AS 36.10.180 AS 36.10.190

History

Eff. 9/27/87, Register 103; am 3/2/2008, Register 185