Alaska · daily 8 and weekly 40, written anti-pyramid
Alaska overtime after 8 is in the statute — including the part that stops double counting
Alaska Stat. § 23.10.060 is the rare daily-overtime law that tells you, in the same subsection, how not to pyramid it. An employee is entitled to 1.5× for hours in excess of eight a day. An employee is also entitled to 1.5× for hours in excess of 40 a week; “in determining whether an employee has worked more than 40 hours a week, the number of hours worked shall be determined without including hours that are worked in excess of eight hours in a day because the employee has or will be separately awarded overtime compensation based on those hours.” That sentence is the engine. It is not an FLSA fallback.
Why five 9-hour days are 5 overtime hours, not 10
Load the 5×9h preset at $25. Each day contributes 8 regular hours and 1 daily-overtime hour. The weekly counter then looks only at the 40 regular hours, finds no remainder, and stops. Pay is 40 × $25 plus 5 × $37.50. People who add the week first (45 hours → 5 weekly OT) and the days second (5 daily OT) pay the same five hours twice. The statute forbids that.
Six 8-hour days go the other way. Nothing is over 8, so nothing is excluded from the weekly count. Forty-eight hours of regular time go into the week, eight convert to weekly overtime, and you still have no double time — Alaska does not have a 2× rate.
The Alaska Department of Labor and Workforce Development’s employee FAQ matches the statute in plain language: more than 8 hours in a single day and/or more than 40 in a single week is time-and-one-half, with a short list of exemptions. Those exemptions (including employer-size and the long list in AS 23.10.060(d)), plus flexible-work-hour plans filed with the Department under the statute, are out of scope. This page will not invent them.
In scope
- Daily overtime after 8 hours for the entered rate
- Weekly 40, excluding hours already paid as daily OT
- Punch-in/out, split shifts, unpaid lunch
- No double-time band
Out of scope
- AS 23.10.060(d) exemptions (not invented here)
- Flexible-work-hour plans filed with the Department
- Weighted-average regular rate for multiple rates
- Comp-time (the Department says it is not lawful in place of overtime)
FAQ
Does Alaska require overtime after 8 hours in a day?
Yes. AS 23.10.060 says an employer may not employ an employee for a workweek longer than 40 hours or for more than eight hours a day, and that overtime at 1.5 times the regular rate is due for hours in excess of those limits. Unlike Nevada, the daily rule is not tied to a multiple of minimum wage.
What is Alaska’s anti-pyramiding rule?
The statute itself says that in determining whether an employee has worked more than 40 hours a week, hours worked in excess of eight in a day are not included because those hours are separately awarded overtime. Five 9-hour days are 40 regular plus 5 overtime, not 40 plus 5 daily plus 5 weekly.
Is this an FLSA fallback?
No. Daily overtime after 8 is in AS 23.10.060 and in the Alaska Department of Labor employee FAQ. This page implements that statute. Flexible-work-hour plans filed with the Department and the exemption list in AS 23.10.060(d) are out of scope.
Does Alaska have double time?
No. Covered overtime is one and one-half times the regular rate. There is no 2× band after 12 hours.
