Section 8 AAC 30.900 - General definitionsIn this chapter and in AS 36
(1) "commissioner" means the commissioner of labor and workforce development;(2) "crafts" and "occupations" mean the occupations identified in the Standard Occupational Classification Manual (2018 edition); Click here to view image
(3) "debar" or "debarment" means being placed on a list of persons who are barred from performing public contracts under AS 36.05.090;(4) "department" means the Alaska Department of Labor and Workforce Development;(5) "director" means the director of the labor standards and safety division of the department;(6) "disregarded their obligations to employees" (or a grammatical variant) as used in AS 36.05.090 and this chapter includes any of the following:(A) failure or refusal to pay basic prevailing wages;(B) failure or refusal to pay fringe benefits into the appropriate union trust, approved private pension plan, or other approved fringe benefit plan within applicable time limits;(C) failure to pay at least once a week;(D) failure to pay unconditionally; or(E) failure to report wage payments to employees accurately and timely as required by AS 36.05.040;(7) "division" means the labor standards and safety division of the department;(8) "eligible resident" means a person who meets the requirements of AS 36.10.140(a) and AS 01.10.055 and who, under 8 AAC 30.072, would be determined to be a resident of an area that has been determined by the department under this chapter to be a resident hiring zone of preference;(9) "hire" and its derivatives mean engaging an individual to work on a public-funded project, and includes the transfer of an existing employee from one location to another or from one craft or occupation to another;(10) "interest" as used in AS 36.05.090 means more than five percent investment in a partnership or association, more than ten percent share in stock in a corporation, or holding any elected or appointed office in the business entity;(11) "majority penetration" means that the majority of qualified laborers, mechanics, and field surveyors working at a particular skill level in a particular job class, as indicated by response to a department survey, receive a particular wage;(12) "marginally employed" means that a person is employed for fewer than 30 hours a week and the person wishes to work 30 hours or more a week;(13) "owner/operator" as used in 8 AAC 30.020(d) means those independent contractors who by virtue of the duties they perform, or the manner in which they perform them, cannot be considered employees of the person or entity who has contracted for their services in this pargraph,"independent contractor" means a person who (A) has an express contract to perform the services;(B) is free from direction and control over the means and manner of providing services, subject only to the right of the individual for whom, or entity for which, the services are provided to specify the desired results, completion schedule, or range of work hours, or to monitor the work for compliance with contract plans and specifications, or federal, state, or municipal law;(C) incurs most of the expenses for tools, labor, and other operational costs necessary to perform the services;(D) has an opportunity for profit and loss as a result of the services performed for the other individual or entity; and(E) is free to hire and fire employees to help perform the services for the contracted work(15) "person" and "persons" as used in AS 36.05.090 means a person as that term is defined in AS 01.10.060(8);(16) "prevailing wage rate" means the total of the basic hourly rate, health and welfare, pension, legal service, apprentice training payments and other fringe benefits which inure to the benefit of the worker, as published by the department;(17) "public-funded project" means a project described in AS 36.10.180 and AS 36.95.010(3);(18) "qualified" means having the education, training and experience necessary to perform the duties and satisfy the terms and conditions which are usual for the industry or profession or having the status specified in AS 36.95.010(4);(19) "state agency" means a state agency described in AS 36.10.180(a)(1);(20) "state employment centers" means those offices maintained by the department whose functions are to aid the unemployed in finding employment;(21) "underemployed" means employed in a job that requires less skill or training than a job for which the employee is trained and qualified.(22) "domiciled resident" means a person living within 65 road miles of a public construction project, or in the case of a highway project, the mid-point of the project, for at least 12 consecutive months prior to the award of the public construction project;(23) "employed on the project" means the time period from the date the laborer, mechanic, or field surveyor first reports on-site to the project through the final date the person reports on-site to the project.Eff. 7/8/73, Register 47; am 12/4/76, Register 60; am 7/30/82, Register 83; am 9/27/87, Register 103; am 1/2/91, Register 116; am 8/9/2001, Register 159; am 8/12/2018,Register 227, October 2018; am 11/25/2018,Register 228, January 2019; am 1/10/2021, Register 237, April 2021Authority:AS 23.05.060
AS 36.05.030
AS 36.10.075
AS 36.10.140
AS 36.95.010