WAGE AND HOUR DEMAND LETTER
State of Alaska
Fair Labor Standards Act and Alaska Wage and Hour Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Alaska ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Alaska Bar Association Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Alaska Wage and Hour Act
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 and ARE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] regarding claims for unpaid wages against [Company Legal Name] arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the Alaska Wage and Hour Act, AS 23.10.050-150.
I. ALASKA-SPECIFIC LEGAL FRAMEWORK
A. Alaska Wage and Hour Requirements
Alaska provides strong worker protections that exceed federal minimums in several respects.
Key Requirements:
| Category | Alaska Requirement | Citation |
|---|---|---|
| Minimum Wage | $11.91/hour (2026) | AS 23.10.065 |
| Overtime | 1.5x after 8 hours/day OR 40 hours/week | AS 23.10.060 |
| Tipped Minimum | No tip credit; full minimum wage required | AS 23.10.065 |
| Pay Frequency | At least semi-monthly | AS 23.05.140 |
| Final Pay (Fired) | Within 3 working days | AS 23.05.140(b) |
| Final Pay (Quit) | Next regular payday (at least 3 days notice) | AS 23.05.140(b) |
B. Alaska Overtime Requirements
IMPORTANT: Alaska provides DAILY overtime, which is more protective than federal law:
| Overtime Trigger | Rate | Citation |
|---|---|---|
| Over 8 hours in a day | 1.5x regular rate | AS 23.10.060(a) |
| Over 40 hours in a week | 1.5x regular rate | AS 23.10.060(a) |
Exemptions from Alaska Overtime (AS 23.10.055):
- Executive, administrative, professional employees (must meet state duties tests)
- Outside salespersons
- Employees of prior employers not covered by federal law
- Specific industry exemptions
C. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Alaska wage claims | 2 years | AS 23.10.125 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
D. Penalties and Damages
Alaska Wage and Hour Act Remedies:
| Violation Type | Remedy | Citation |
|---|---|---|
| Standard wage violation | Unpaid wages + costs + attorney's fees | AS 23.10.110 |
| Willful violation | TREBLE DAMAGES (3x unpaid wages) | AS 23.10.110 |
| Final pay violation | Waiting time penalties | AS 23.05.140 |
FLSA Remedies:
- Unpaid wages
- Liquidated damages (equal to unpaid wages)
- Attorney's fees and costs
E. Enforcement Mechanisms
Administrative:
- Alaska Department of Labor and Workforce Development, Wage and Hour Administration
- File wage claim online or at regional office
- No fee to file
- Investigation and hearing process available
Private Right of Action:
- AS 23.10.110: Express private right of action for wage violations
- May pursue in Alaska Superior Court
- Treble damages for willful violations
- Mandatory attorney's fees to prevailing employee
F. Alaska Tip Rules
Alaska prohibits tip credits. Employers must pay the full state minimum wage regardless of tips received.
| Requirement | Alaska Rule |
|---|---|
| Cash wage minimum | Full $11.91/hour |
| Tip credit | NOT ALLOWED |
| Tip pooling | Valid among customarily tipped employees only |
| Employer tip retention | Prohibited |
| Service charges | Not tips unless disclosed to customer |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present] in Alaska. [Company Short Name] violated federal and Alaska wage laws by:
[ ] Failing to pay the Alaska minimum wage of $11.91 per hour
[ ] Failing to pay daily overtime for hours worked over 8 in a day
[ ] Failing to pay weekly overtime for hours worked over 40 in a week
[ ] Misclassifying our client as exempt from overtime
[ ] Misclassifying our client as an independent contractor
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods
[ ] Pre-shift or post-shift activities
[ ] Illegally taking a tip credit against minimum wage
[ ] Failing to pay final wages timely upon termination
[ ] Making unlawful deductions from wages
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Alaska] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Semi-monthly / other] |
B. Hours Worked
Typical Weekly Schedule:
| Day | Hours Worked | Hours Over 8/Day | Daily OT Hours |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X] | [X hours] |
| Thursday | [X:XX - X:XX] | [X] | [X hours] |
| Friday | [X:XX - X:XX] | [X] | [X hours] |
| Saturday | [X:XX - X:XX] | [X] | [X hours] |
| Sunday | [X:XX - X:XX] | [X] | [X hours] |
| Weekly Total | [X hours] | [X hours] |
Hours over 40/week not overlapping with daily OT: [X hours]
IV. LEGAL ANALYSIS
A. Alaska Wage and Hour Act Violations
1. Minimum Wage (AS 23.10.065)
Alaska's minimum wage of $11.91/hour exceeds the federal minimum. [Company Short Name] failed to pay this rate by [describe violation].
2. Daily Overtime (AS 23.10.060)
Unlike federal law, Alaska requires overtime pay for hours worked over 8 in a single day. Our client regularly worked [X] hour days without receiving daily overtime compensation.
3. Weekly Overtime (AS 23.10.060)
Our client worked an average of [X] hours per week without proper overtime compensation for hours exceeding 40.
4. Tip Credit Violation (AS 23.10.065)
[If applicable:] Alaska does not permit tip credits. [Company Short Name] illegally reduced our client's wages below minimum wage based on tips received.
5. Final Pay Violation (AS 23.05.140)
[If applicable:] Upon termination on [Date], [Company Short Name] failed to pay all final wages within the required 3 working days.
B. Willfulness and Treble Damages
[Company Short Name]'s violations were willful, entitling our client to treble damages under AS 23.10.110. The willfulness is demonstrated by:
- [Evidence of knowing violation]
- [Pattern of violations]
- [Failure to correct after notice]
V. DAMAGES CALCULATION
A. Alaska Wage and Hour Damages
Relevant Period: [Start Date - 2 years prior] to [End Date / Present]
1. Unpaid Daily Overtime
| Period | Daily OT Hours | Regular Rate | OT Premium (0.5x) | Weeks | Total |
|---|---|---|---|---|---|
| [Period] | [X/week] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Daily OT Subtotal | $[Amount] |
2. Unpaid Weekly Overtime (Non-Overlapping)
| Period | Weekly OT Hours | Regular Rate | OT Premium (0.5x) | Weeks | Total |
|---|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Weekly OT Subtotal | $[Amount] |
3. Minimum Wage Shortfall
| Period | Hours | Shortfall/Hour | Total |
|---|---|---|---|
| [Period] | [X] | $[X.XX] | $[Amount] |
4. Tip Credit Recovery (if applicable)
| Period | Hours | Illegal Credit/Hour | Total |
|---|---|---|---|
| [Period] | [X] | $[X.XX] | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Daily Overtime | $[Amount] |
| Unpaid Weekly Overtime | $[Amount] |
| Minimum Wage Shortfall | $[Amount] |
| Tip Credit Recovery | $[Amount] |
| Subtotal Unpaid Wages | $[Amount] |
| Treble Damages (Willful - 3x) | $[Amount] |
| FLSA Liquidated Damages (if pursuing federal claims) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs | $[Amount] |
| TOTAL DAMAGES | $[Amount] |
VI. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims.
This demand represents a significant discount from full exposure, particularly given Alaska's treble damages provision for willful violations.
This demand will remain open for twenty-one (21) days, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response, we will:
- File a wage claim with the Alaska Department of Labor and Workforce Development
- File suit in Alaska Superior Court seeking:
- Unpaid wages under AS 23.10
- Treble damages for willful violations under AS 23.10.110
- Attorney's fees and costs under AS 23.10.110 - File suit in U.S. District Court for the District of Alaska for FLSA claims
VIII. DOCUMENT PRESERVATION
[Company Short Name] must immediately preserve all relevant documents including time records, payroll records, personnel files, and policies.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Alaska Bar No.]
[Firm Name]
ALASKA-SPECIFIC PRACTICE NOTES
[ ] Daily Overtime: Alaska is one of few states with daily overtime; calculate separately from weekly
[ ] No Tip Credit: Major advantage for tipped workers; employers must pay full minimum wage
[ ] Treble Damages: Alaska provides 3x damages for willful violations - significant leverage
[ ] Mandatory Attorney's Fees: AS 23.10.110 provides mandatory fees to prevailing employees
[ ] Remote Work Considerations: Alaska's geography creates unique remote work and travel time issues
[ ] Seasonal Employment: Many Alaska industries are seasonal; ensure proper payment at season end
[ ] Alaska DOL Contact:
- Anchorage: (907) 269-4900
- Fairbanks: (907) 451-2886
- Juneau: (907) 465-4842
- Website: labor.alaska.gov/lss/whhome.htm