It can be very important to understand how the laws in Alaska work regarding paychecks. Leaving a job is difficult enough, but can be even more difficult if you do not receive your last pay. The same is true if you have a dispute with your current employer over paychecks you never received.
When Must Paychecks Be Sent Out in Alaska?
Alaska requires that employees be paid semi-monthly or monthly, depending on what their contract states. If there is no mention of a pay period in the contract, then the employee must be paid on a semi-monthly basis. There is no difference under state or federal law between hourly or salary employees when trying to figure out how often you get paid.
Thus, it is important to understand the terms stated in an employment contract. If there is a section covering the paycheck time schedule, and the employer fails to follow this, they could face legal liability for their violation. Some cases can involve multiple different employees (for instance, if the pay schedule issue is affecting an entire department or section of the company).
What Happens to My Paycheck If I am Fired in Alaska?
If you are fired from a job, you must be given your final check within 7 business days of being fired according to Alaska law. For someone who has quit their job, they should receive their last check by the next payday as long as it is within 3 business days after giving the job notice.
Whether you quit or are fired, you might be able to get paid for any unused sick or vacation leave you did not take while working. This depends entirely on the type of contract you have with your company. There is no state law requiring paid sick or vacation leave in Alaska. The law only states that if your company offers paid leave, then they have to follow their policies about leftover days.
Can My Paycheck Be Garnished Under Alaska Employment Law?
Wage garnishment is where the employer sets aside a portion of the employee’s monthly wages in order to address the outstanding debt. This can happen in many different situations; it is commonly applied in situations where the employee has outstanding child support that they haven’t paid. Paychecks can be garnished automatically if the money is used to pay for child support, student loans, or taxes that you owe.
For all other garnishments, such as personal debt, the company has to go to court first and ask that your paycheck be garnished. You can also have money taken out from your check to cover any damages you did to property at your job. An example of this is where an employee damages a company car or vehicle due to their negligence.
Can I Recover a Withheld Paycheck in Alaska?
If your employer is withholding your paycheck, you can file a complaint with the Alaska Division of Labor Standards and Safety. The department will then notify your employer about your complaint, and they have 20 days to respond to the complaint or resolve it.
You also have the option of hiring a lawyer and suing your employer for your final paycheck. The case will often be made stronger if this is an ongoing issue or if it has occured before in the past.
Does Alaska Have Laws that Protect Paychecks and Employment Discrimination?
Employers are not allowed to discriminate against employees based on their race, age, sex, gender, national origin, political affiliation, and other categories. Thus, they cannot deny a person their paycheck or other benefits based solely on their membership in one of these categories. They also cannot discriminate against an employee based on their pregnancy status, or if they have a legally- recognized disease or medical condition.
In these types of cases, the employee may need to file an employment discrimination case. In order to do this, they should gather up any documents or statements that might help their case. This can include pay stubs, emails, text messages, statements from other workers, and other forms of evidence. Discrimination claims are generally filed with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim, and may suggest possible remedies.
Employers cannot retaliate against a worker solely because they have filed a discrimination claim. In the event that the EEOC cannot provide a suitable remedy, then a lawsuit may be the next option. Class action lawsuits can sometimes be filed in cases where many employees have been discriminated against with regards to their paychecks, pay rates, hours, benefits, or other aspects of employment.
Where Can I Find the Right Lawyer for an Issue with My Paycheck in Alaska?
If you are struggling to get your paycheck from your employer, you should contact an Alaska employment lawyer right now. A lawyer can assert your right to your paycheck and help you collect the pay that is owed to you.