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An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.
No mandatory compensatory time off is permitted for wage employees or in lieu of FLSA overtime pay.
The minimum rest period in a 24-hour period should not be less than 11 consecutive hours. In general, workers are entitled to at least 11 hours rest per day, at least one day off each week, and a rest break during the shift if it is longer than six hours.
The FLSA sets the maximum amount of comp time that may be accumulated: nonexempt employees who work in "a public safety activity, emergency response activity, or seasonal activity" may accumulate up to a maximum of 480 hours of comp time, while other employees are limited to 240 hours.
Comp time is calculated by multiplying 1.5 times overtime hours worked.
Exempt (Salaried) Employees. As part of the FLSA, exempt employees are those individuals who are not subject to receive overtime pay. To qualify for exempt status, the employee must meet the salary minimum and the position must pass the Department of Labor (DOL) Job Duties Test.
Individuals employed in a bona fide administrative, executive, and professional capacity who pass the duties tests are exempt from the overtime provisions of the law (AK Stat. Sec. 23.10.
Exempt employees must be paid on a salary basis, as discussed above. Nonexempt employees may be paid on a salary basis for a fixed number of hours or under the fluctuating workweek method. Salaried nonexempt employees must still receive overtime in accordance with federal and state laws.
Because the statutory language states that the minimum wage will be adjusted annually for inflation and there was no inflation in 2020, the minimum wage will remain at $10.34 in the calendar year 2022. By law, Alaska's minimum wage must remain at least $1 per hour over the federal minimum wage.
In Alaska, an employer must pay an employee for accrued vacation leave upon separation from employment if its policy or contract provides for such payment. Alaska DOL Wage & Hour Information.