How does Alaska wage, overtime and meal-break law work in 2026?
Two overtime triggers, a minimum wage that steps up again on 1 July 2026, and a full ban on the tip credit. Alaska isn’t federal law with a state floor on top. It has its own rules.
· Alaska, United States guide
Photo: Simon Hurry via Unsplash · Anchorage, Alaska
If you run Alaska payroll the same way you run Texas payroll, you will owe overtime within the first 9-hour shift. Not might. Will.
Alaska is one of only two US states that mandates daily overtime. A 10-hour day costs you $13.00 an hour for the first 8 hours and a premium for hours 9 and 10. Multiply that across a 20-person field crew and a single summer week runs into five figures of missed pay.
Most US employers have heard that Alaska minimum wage is rising. Fewer realise the day matters as much as the week.
This page covers two overtime triggers, the 1 July 2026 minimum-wage step to $14.00, the tip-credit ban, and the one statutory break rule for workers under 18.
What is Alaska’s minimum wage in 2026?
Since 1 July 2025 you pay every Alaska employee at least $13.00 an hour under Alaska’s Wage and Hour Administration. On 1 July 2026 the floor rises to $14.00. On 1 July 2027 it rises again to $15.00.
After that, the rate indexes to the Anchorage Consumer Price Index every January.
There is no tip credit. A tipped worker is owed the full minimum in cash before any gratuity.
Maria pours coffee at a Fairbanks cafe. You pay her $13.00 an hour now and $14.00 from 1 July 2026, in cash, every pay period. The tips she earns are hers on top. If you assume the federal $2.13 tipped wage applies, you owe her back wages from her first shift.
| Effective date | Alaska minimum wage | Statute / source |
|---|---|---|
| Federal floor (FLSA) | $7.25 per hour | 29 U.S.C. § 206(a)(1) |
| Alaska floor, since 1 July 2025 | $13.00 per hour | AS 23.10.065 (as amended by Ballot Measure 1, 2024) |
| Alaska floor, 1 July 2026 | $14.00 per hour | Ballot Measure 1 (2024) |
| Alaska floor, 1 July 2027 | $15.00 per hour | Ballot Measure 1 (2024) |
| From 1 January 2028 | Indexed annually to Anchorage CPI | Ballot Measure 1 (2024) |
| Tipped cash wage | Full state minimum (no tip credit permitted) | Alaska DOL Wage and Hour FAQ |
Three things catch out-of-state employers:
- The rate steps up mid-year, not in January. The state floor rose to $13.00 on 1 July 2025 and steps up again to $14.00 on 1 July 2026, then $15.00 on 1 July 2027. Salary letters and offer paperwork tied to the minimum need the 1 July date written in.
- No tip credit, no exception. Tipped workers get the full minimum in cash. Tips top up. They don’t substitute. Alaska is one of seven states with this rule.
- Alaska sets its own exempt salary floor, well above the federal one. Under AS 23.10.055 an exempt employee must earn at least twice the state minimum wage for a 40-hour week. That is $1,040 per week ($54,080 a year) now, rising to $1,120 per week ($58,240) on 1 July 2026 and $1,200 per week ($62,400) on 1 July 2027. The federal $684 per week floor is the lower bound; in Alaska the state figure controls. A "manager" paid below the state number is non-exempt, no matter what their title says.
What Ballot Measure 1 actually did
Alaska voters approved Ballot Measure 1 in November 2024. It raised the minimum on a three-step schedule, introduced statewide paid sick leave from 1 July 2025, and banned mandatory captive-audience meetings on political or religious topics. The minimum-wage piece is the cleanest to comply with. The paid sick leave piece is covered on the Alaska paid family and sick leave page.
Overtime kicks in earlier than you think
Alaska has two overtime triggers, not one, under AS 23.10.060.
Time-and-a-half kicks in after 8 hours in a day, or after 40 hours in a week, whichever pays the employee more.
Hours that already triggered daily overtime are excluded from the weekly count. No double counting.
Only one other state mandates daily overtime: California. Everywhere else, the federal FLSA 40-hour weekly rule is all you handle.
| Trigger | Alaska premium (AS 23.10.060) | Federal FLSA |
|---|---|---|
| Over 8 hours in a workday | 1.5x regular rate | No daily trigger |
| Over 40 hours in a workweek | 1.5x regular rate | 1.5x regular rate |
| Double-time | None mandated | None |
| Anti-pyramiding rule | Yes; daily OT hours excluded from the 40-hour weekly count | N/A |
| Exempt salary basis floor | $1,040 per week now, $1,120 from 1 July 2026 (2x state minimum wage; higher than the federal $684 floor) | AS 23.10.055; 29 CFR Part 541 (federal floor) |
| Small-employer exemption | Fewer than 4 employees in the regular course of business | None |
| Voluntary flex-plan | 4 x 10-hour days allowed with signed agreement and DOL certificate | None |
Erik writes software for an Anchorage startup. The week before a product launch gets busy and he works 10 hours every weekday: Monday to Friday. He totals 50 hours, but the dollar maths runs on the days, not the week. He is owed 2 hours of overtime per day for the extra 2 hours over 8, repeated five times. At $13.00 an hour straight time and $19.50 overtime, that is $65 of premium pay across the week, on top of his 40 hours of base pay.
Now run the same hours through a federal-only payroll system. It sees 50 hours in the week and pays 10 hours of weekly overtime, also $65 of premium pay. Same number in this case. The trap shows up the week Erik works four 10-hour days and takes Friday off. 40 hours flat, no weekly overtime triggered, but 8 hours of daily overtime are still owed: $52 of premium pay the federal-only system misses entirely.
Logan manages a retail floor in Juneau. He works one shift of 13 hours on a Black Friday Saturday. The overtime stack:
- Hours 1–8: straight time at his regular rate.
- Hours 9–13: time-and-a-half (the daily trigger over 8 hours).
That one Saturday earns Logan 8 hours of straight time and 5 hours of overtime, even if he worked fewer than 40 hours across the whole week. Alaska’s daily trigger is a per-shift rule. The week doesn’t reset it.
Every Alaska hourly employee needs payroll that runs both triggers at once and pays the higher of the two per hour. Most national payroll systems default to weekly-only. Flipping the Alaska flag at hire time is a one-minute job that prevents 12 months of missed premium.
The small-employer exemption
An employer that regularly employs fewer than 4 people is exempt from the daily and weekly overtime rules. Three employees, no overtime obligation, straight time for every hour worked.
The fourth hire turns on the overtime clock for the whole workforce, going forward. The state takes the position that "regularly" means in the normal course of business, not a one-off seasonal spike. Most growing US companies cross the 4-employee line within the first quarter. Budget the overtime obligation from day one if you expect to grow past three.
You can replace the 8-hour trigger, but only with a written plan
A 4-day, 10-hour-per-day schedule is allowed if you file a voluntary flexible work-hour plan. The plan must be signed by both employer and employee, filed with the state, and certified by the Alaska Department of Labor and Workforce Development.
Daily overtime then kicks in only above the scheduled 10 hours. The 40-hour weekly rule still applies. Deviations from the schedule are capped at one in five weeks; cross that line and the certificate becomes void. Teamed runs this filing for clients on compressed schedules.
Are tipped employees paid differently in Alaska?
No. Alaska prohibits the federal tip credit. Every tipped worker is owed the full state minimum wage in cash before any gratuity counts.
A bartender hired at $13.00 an hour earns $13.00 an hour from you. Tips are over and above.
By contrast, a federal-floor state can pay the same bartender a $2.13 cash wage as long as tips bring total earnings to $7.25. Alaska is one of seven states that closed that loophole.
Maria’s Fairbanks cafe runs a tip pool that splits gratuities among baristas, bussers, and the dishwasher. That is permitted. What is not permitted: the manager dipping into the pool, or the owner counting any of those tips against the $13.00 minimum wage owed in cash.
Three operational points for restaurant, hospitality, and tourism employers:
- Posted hourly wage matches what gets paid. The number on the offer letter is the number that hits the paycheque, before tips.
- Tip pools are still permitted. A pool that distributes gratuities among customarily tipped employees (servers, bussers, bartenders) is fine. The 2018 federal amendment bars the employer or any manager from sharing in any tip pool, regardless of whether you take a tip credit. Alaska defers to that rule.
- Service charges are not tips. A mandatory service charge added to a bill by the employer is employer revenue, not employee property. If you pass any of it to staff, that distribution is wages, not tips. It runs through payroll tax. Many Alaska tour operators and hotels use service charges to stabilise summer-season pay.
A $13.00 server with 25 hours a week earns $325 from you, plus tips. The same server in a $2.13-tipped-wage state would earn $53.25 from the employer, with tips making up the rest to the federal floor. Price the unit economics on the Alaska number, not the Texas one.
Do Alaska employers have to give meal or rest breaks to adults?
No. Alaska does not require meal or rest breaks for employees aged 18 and over. Federal law does not either.
If you do offer a short break under 20 minutes, federal law counts it as paid hours worked. A meal period of 30 minutes or more, with the employee fully off the clock, can be unpaid.
| Rule | Detail | Source |
|---|---|---|
| Adult meal break | Not required by state law | Alaska DOL Wage and Hour FAQ |
| Adult rest break | Not required by state law | Alaska DOL Wage and Hour FAQ |
| Short rest breaks (5–20 min) | Compensable as hours worked | 29 CFR 785.18 |
| Meal periods (30+ min) | Unpaid if employee is fully relieved of duty | 29 CFR 785.19 |
| Nursing mothers | Reasonable break time and a private non-bathroom space for one year after the child’s birth | PUMP Act 2022; FLSA Section 7(r) |
The trap is the daily 8-hour overtime trigger. A 15-minute paid coffee break counts toward the 8-hour count. An employee required to stay at her desk and answer the phone during a 30-minute lunch is "engaged to wait" and the lunch is paid, which can push the shift past 8 hours and into daily overtime territory. Nursing mothers get reasonable break time and a private non-bathroom space for one year after birth under the PUMP for Nursing Mothers Act, regardless of shift length.
Erik takes two paid 10-minute breaks across an 8-hour shift. Those 20 minutes are counted in his daily hours. If the shift runs from 9:00 am to 5:30 pm with a 30-minute lunch, he has worked 8.0 hours of paid time and is right at the threshold. Add 10 minutes of "quick question after the lunch break" and you owe him daily overtime.
Most Alaska employers offer a 30-minute unpaid lunch and one or two 10- to 15-minute paid breaks per 8-hour shift, by policy not statute. Put the structure in the handbook and apply it consistently. Ad-hoc "take a break when you need one" phrasing creates exposure when an employee later claims they worked through.
The under-18 rule sits in a separate section
Adults have no statutory break entitlement. Minors do. The next section covers the one Alaska-only break rule.
What is Alaska’s 30-minute break rule for workers under 18?
Any employee under 18 who works 5 or more consecutive hours gets a 30-minute break under AS 23.10.350.
For shifts of 6 or more consecutive hours, that break has to fall after the first 1.5 hours and before the last hour of the shift.
Miss the break and you owe the minimum wage for the missed break time, enforceable as a wage claim by the Alaska Department of Labor Wage and Hour section.
The one Alaska-only wage-and-hour rule for the under-18 workforce. Anyone under 18 working 5+ consecutive hours gets a 30-minute break. A 6+ hour shift requires the break between hour 1.5 and the last hour.
| Rule | Detail | Source |
|---|---|---|
| Age covered | All employees under 18 years of age | AS 23.10.350 |
| Trigger | 5 or more consecutive hours of work without a break | AS 23.10.350(a) |
| Break length | 30 minutes minimum | AS 23.10.350(a) |
| Placement (6+ hour shifts) | After the first 1.5 hours and before the last hour | AS 23.10.350(b) |
| Paid or unpaid | Unpaid if the employee is fully relieved of duty | AS 23.10.350; 29 CFR 785.19 |
| Penalty | Minimum-wage liability for the missed-break time; enforceable wage claim | AS 23.10.350(c) |
| Modifiable | By collective bargaining agreement or one-off mutual written agreement | AS 23.10.350(d) |
Practical implementation
Alaska’s tourism and fishing seasons hire heavily from the under-18 pool through the summer. Three rules cover most of the exposure:
- Schedule the break, document the break. A 30-minute unpaid meal break should appear on the schedule for any shift of 5+ hours when the worker is under 18. The break has to be taken. The time card has to show it. The schedule note has to match.
- Place the break inside the 1.5-to-last-hour window for 6+ hour shifts. A 10:00 am-to-6:00 pm shift cannot put the break at 10:30 am (too early) or 5:30 pm (too late). Aim for the middle third.
- If you miss it, owe the minimum wage for the break length. Alaska treats a missed 30-minute break as a 30-minute minimum-wage claim. At $13.00 an hour through 1 July 2026, that is $6.50 per missed break per minor. At $14.00 from 1 July, $7.00. The number per incident is small; the audit exposure across a whole summer-season workforce is not.
Teamed’s payroll engine flags any minor timesheet entry that crosses 5 hours without a 30-minute break and holds it for review before the pay run submits.
Is on-call or waiting time paid in Alaska?
The federal rule controls. The test is "engaged to wait" (paid) versus "waiting to be engaged" (not paid).
An employee at the workplace between tasks is on the clock. An employee at home, free to use the time as they wish, who carries a phone in case they get called in, is off the clock.
The factual line is whether the employee can effectively use the time for their own purposes.
Three patterns Alaska employers see most often:
- On-premises wait time. A delivery driver between runs, reading a book in the warehouse breakroom. Engaged to wait. Compensable. Counts toward the 8-hour daily overtime trigger.
- On-call at home with restrictions. An IT engineer required to stay within 15 minutes of the office, sober, and answer calls within 5 minutes. The restrictions effectively prevent personal use of the time. Likely compensable, depending on the call frequency and response window.
- On-call at home, free to live normally. A service technician carrying a phone and expected to take one or two calls a week. Free to socialise, sleep, run errands. Not compensable for the wait time, only for the actual call response.
The daily 8-hour overtime trigger gives the engaged-to-wait classification more bite in Alaska than in federal-only states. A driver who clocks in at 9:00 am, completes a 7-hour run, and waits engaged at the warehouse for an extra 90 minutes before being released has worked 8.5 hours. That is 30 minutes of overtime.
Teamed’s payroll engine codes each on-call entry with the engaged-versus-waiting flag at clock-in, so the classification is set before the timesheet hits the pay run.
Travel time, training time, meeting time
Three more federal-controlled patterns with extra Alaska bite because of the daily trigger:
- Travel time. The ordinary commute is not compensable. Travel between job sites during the workday is compensable. Out-of-town overnight travel is compensable during normal working hours, even on weekends, if it cuts across the workday.
- Training time. Compensable unless all four of these are true: outside normal hours, voluntary, not directly job-related, and no productive work performed.
- Meeting time. Compensable if attendance is mandatory or held during normal hours. Voluntary off-hours meetings with no job-related agenda are not compensable.
Alaska isn’t an overlay. It has its own rules.
Treat Alaska as a state with its own wage-and-hour stack, not a state-level addition to federal rules. The same logic applies to payroll taxes: Alaska has no state income tax but does levy unemployment insurance on employers, covered on the Alaska state income tax & UI page.
Apply the highest standard per employee, by where they actually work. Configure Alaska specifics into payroll for every Alaska hire.
A single national policy that defaults to the federal floor creates daily-overtime and tip-credit exposure on every Alaska employee, every pay period, for as long as they are on your payroll.
Three things to get right before your first Alaska hire:
- Set payroll to run both Alaska overtime triggers per employee. Daily-8 and weekly-40. Most US payroll systems default to weekly-only. Flipping the Alaska flag is a one-minute job that prevents 12 months of missed daily-overtime liability.
- Disable any tip-credit option for Alaska employees. A US-wide payroll provider has to be told that the federal $2.13 tipped wage does not apply in Alaska. Every tipped worker gets the full state minimum in cash.
- Tag each employee’s work location to the city, not just the state. A New York-headquartered company with a remote employee living and working in Anchorage follows Alaska wage-and-hour law. The location field on the employee record drives the rules.
For most early-stage US employers, the cleanest move is one national handbook that defaults to the strictest applicable state for any benefit, plus a short Alaska addendum covering daily overtime, the no-tip-credit rule, the minor break rule, and the flex-plan option. Get the worker classification test right before any of this matters: a misclassified contractor owes back overtime from day one. Teamed’s handbook template ships with the matrix pre-built and updates the state minimums on 1 January and 1 July automatically.
How Teamed runs Alaska wage and hour end to end
Teamed becomes your legal employer of record in Alaska for a flat from $599 per employee per month.
You hire the person. We classify them exempt or non-exempt against Alaska's salary floor (twice the state minimum wage, $1,040 per week now and $1,120 from 1 July 2026, above the federal $684) and the duties test. We run payroll with both daily and weekly overtime triggers live, enforce the full minimum wage on tipped roles, and document the minor break on any under-18 hire.
Zero FX mark-up. Statutory employer cost passes through at cost, itemised on every invoice.
What that looks like, day to day:
- Onboarding. Every offer letter runs an exempt-versus-non-exempt screen against Alaska's salary floor (twice the state minimum wage, $1,040 per week now and $1,120 from 1 July 2026, above the federal $684) and the duties test. Borderline cases get flagged to your US employment specialist for a 15-minute call before the offer goes out. The duties test matters more in Alaska because misclassification means owing both daily and weekly overtime for the look-back period.
- Time and pay. The platform records workweek, daily hours, on-call entries with engaged-versus-waiting flag, meal break, and short paid breaks. Overtime calculates the higher of the 8-hour daily or 40-hour weekly trigger per employee, with the anti-pyramiding rule applied so no hour is double-counted.
- Tipped roles. The platform enforces the full minimum wage on every tipped employee in Alaska. The federal $2.13 floor is not available as an option. Tip-pool arrangements run as employee-only pools. Service charges flow through as wages, not tips.
- Minor hires. Any timesheet entry for a worker under 18 is screened against the 5-hour break trigger and the mid-shift placement rule for 6+ hour shifts. Out-of-pattern entries hold for review before the pay run.
- Flex-plan filings. For clients running compressed 4-on-3-off or similar schedules, Teamed prepares and files the voluntary flexible work-hour plan with the Alaska Department of Labor and tracks the 20-percent deviation cap to keep the certificate valid.
- Multi-state employees. The work-location field on each record drives the rules applied. Tag an employee Anchorage, they get Alaska rules. Same employee on a four-week assignment in Seattle, they get Washington rules for those four weeks.
Behind the platform sit real HR and legal experts with deep local employment-law expertise, an in-house payroll lead who knows the Alaska daily-overtime mechanics by heart, and an employment-law specialist for wage-and-hour disputes. When something looks off on a timesheet, you message an actual person, not a chatbot or a pooled queue.
Contractor onboarding, EOR payroll, and entity graduation all live on one platform. An Alaska contractor who converts to W-2 keeps their record. That same employee can graduate from EOR to your own US entity without changing systems. One timeline. One platform.
Pricing is one number per employee per month, in any currency you pay us in. No FX mark-up. Statutory employer cost (FICA, FUTA, Alaska UI, workers’ compensation insurance) passes through at cost, itemised on every invoice. No setup fees. No exit fees.
When EOR is the right call (and when it isn’t)
EOR works while you’re testing the Alaska market, ramping a small remote team, or running one or two hires alongside a larger US payroll elsewhere.
Once you have six or more Alaska employees and predictable hiring ahead, the maths of running your own US entity starts to win. Teamed’s Crossover Calculator tells you the month the EOR model stops being right. The conversation is built into the relationship.
A client schedules a perfectly normal 4 x 10-hour week thinking they’ve avoided overtime entirely, and the daily-8 rule owes the employee 8 hours of premium pay across the week. We either flip the payroll flag and absorb the cost into the offer, or file the voluntary flex-plan and run the compressed schedule cleanly. Either is fine. Ignoring the rule is the expensive option.
A 4-on-10 schedule looks overtime-clean. In Alaska it isn't, without a filed flex plan.
AS 23.10.060 triggers overtime after 8 hours in a day, not just 40 in a week; the minimum wage steps to $14.00 on 1 July 2026.
Flip the daily-overtime flag at hire; missing it compounds every pay cycle.










