Alaska Statutes
Alaska Stat. § 23.05.140 (2026)
Pay periods; penalty
✓ current as of July 2026
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Sec. 23.05.140. Pay periods; penalty.
(a) An employee and employer may agree in an annual initial contract of employment to monthly pay periods when the employer shall pay the employee for all labor performed or services rendered. Otherwise, the employer shall establish monthly or semi-monthly pay periods, at the election of the employee.
(b) If the employment is terminated, all wages, salaries, or other compensation for labor or services become due immediately and shall be paid within the time required by this subsection at the place where the employee is usually paid or at a location agreed upon by the employer and employee. If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee's termination of services.
(c) [Repealed, § 2 ch 19 SLA 1971.]
(d) If an employer violates (b) of this section by failing to pay within the time required by that subsection, the employer may be required to pay the employee a penalty in the amount of the employee's regular wage, salary, or other compensation from the time of demand to the time of payment, or for 90 working days, whichever is the lesser amount.
(e) In an action brought by the department under this section, an employer found liable for failing to pay wages within the time required by (b) of this section shall be required to pay the penalty set out in (d) of this section. The amount of the penalty shall be calculated based on the employee's straight time rate of pay for an eight-hour day.
(f) In an action brought for unpaid overtime under AS 23.10.060 that results in an award of liquidated damages under AS 23.10.110, the provisions of (d) of this section do not apply unless the action was brought by the department under (e) of this section.
(a) An employee and employer may agree in an annual initial contract of employment to monthly pay periods when the employer shall pay the employee for all labor performed or services rendered. Otherwise, the employer shall establish monthly or semi-monthly pay periods, at the election of the employee.
(b) If the employment is terminated, all wages, salaries, or other compensation for labor or services become due immediately and shall be paid within the time required by this subsection at the place where the employee is usually paid or at a location agreed upon by the employer and employee. If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee's termination of services.
(c) [Repealed, § 2 ch 19 SLA 1971.]
(d) If an employer violates (b) of this section by failing to pay within the time required by that subsection, the employer may be required to pay the employee a penalty in the amount of the employee's regular wage, salary, or other compensation from the time of demand to the time of payment, or for 90 working days, whichever is the lesser amount.
(e) In an action brought by the department under this section, an employer found liable for failing to pay wages within the time required by (b) of this section shall be required to pay the penalty set out in (d) of this section. The amount of the penalty shall be calculated based on the employee's straight time rate of pay for an eight-hour day.
(f) In an action brought for unpaid overtime under AS 23.10.060 that results in an award of liquidated damages under AS 23.10.110, the provisions of (d) of this section do not apply unless the action was brought by the department under (e) of this section.
Notes of Decisions
Cited in 34
cases (5 in the last 5 years), 1983–2025 · leading case: Bruns v. Mun. of Anchorage, Anchorage Water & Wastewater Util., 32 P.3d 362 (Alaska 2001).
Bruns v. Mun. of Anchorage, Anchorage Water & Wastewater Util., 32 P.3d 362 (Alaska 2001). “Specifically, the plaintiffs claim that there is no exhaustion requirement for AS 23.05.140, that AS 28.05.140 creates rights that are "non-waivable" and not subject to administrative proceedings, that the Municipality is attempting to enforce a fifteen-day "private" statute of…”
Norcon, Inc. v. Kotowski, 971 P.2d 158 (Alaska 1999). “She bases this claim on AS 23.05.140. [8] Alaska Statute 23.05.140 confers on an employee an independent statutory right that requires no CBA interpretation to adjudicate.”
Quinn v. Alaska State Employees Ass'n/Am. Fed'n of State, Cnty. & Mun. Employees, Local 52, 944 P.2d 468 (Alaska 1997). “On February 23, 1994, Quinn sued ASEA in district court for unpaid overtime and penalties under AS 23.05.140(b) 1 and the Alaska Wage & Hour Act (AWHA), AS 23.”
United Food & Com. Workers Union, Local No. 1496 ex rel. Morton v. D & A Supermarkets, Inc., 688 P.2d 165 (Alaska 1984). “Local 1496 instituted legal proceedings on behalf of several employees, alleging that D & A’s payments of accrued vacation pay and wages owed were untimely, and thus penalties were owed under AS 23.05.140; and that one claimant, Etten, was entitled under the collective…”
Reed v. Mun. of Anchorage, 741 P.2d 1181 (Alaska 1987). “Since plaintiffs termination, defendant has failed, refused and neglected to pay plaintiff his just wages, which is in violation of AS 23.05.140(b). IX. Pursuant to AS 23.05.”
State, Dep't of Labor, Wage & Hour Div. v. Univ. of Alaska, 664 P.2d 575 (Alaska 1983). “AS 23.05.140(a). The employer must pay all wages, salaries or other compensation due an employee within three working days of termination, regardless of the cause of termination.”
Lowery v. McMurdie, 944 P.2d 50 (Alaska 1997). “1Jp0(d) Penalties Lowery and DeBerry counterclaimed against McMurdie for “back wages, plus AS 23.05.140 penalties.” The superior court ruled that Lowery was owed “wages” and that no penalty should be awarded against McMurdie.”
Hallam v. Holland Am. Line, Inc., 180 P.3d 955 (Alaska 2008). “The court found that only employees who had made a demand for payment could claim penalties under AS 23.05.140. Otherwise, the court reasoned, the statute's three-day payment deadline should not apply since "[plenalties for the failure to depart from regular established…”
Dayhoff v. Temsco Helicopters, Inc., 772 P.2d 1085 (Alaska 1989). “2d at 1185; AS 23.05.140. 5 The employees left Temsco’s employ in October 1983; therefore, the applicable statutes of limitations expired in October 1985.”
French v. Jadon, Inc., 911 P.2d 20 (Alaska 1996). “French also complained that, in violation of AS 23.05.140(b), Chilkoot’s did not promptly tender all pay due her.”
Massachusetts v. Morash, 490 U.S. 107 (1989). “” 2 See Alaska Stat. Ann. §§23.05.140 to 23.05.340 (1984 and Supp.”
Metcalfe Investments, Inc. v. Garrison, 919 P.2d 1356 (Alaska 1996). “The court also awarded Garrison $881.22 as the undisputed balance of the reserve account.”
— Alaska Stat. § 23.05.140(a) — 1 case
State, Dep't of Labor, Wage & Hour Div. v. Univ. of Alaska, 664 P.2d 575 (Alaska 1983). “AS 23.05.140(a). The employer must pay all wages, salaries or other compensation due an employee within three working days of termination, regardless of the cause of termination.”
— Alaska Stat. § 23.05.140(b) — 14 cases
Bruns v. Mun. of Anchorage, Anchorage Water & Wastewater Util., 32 P.3d 362 (Alaska 2001). “Specifically, the plaintiffs claim that there is no exhaustion requirement for AS 23.05.140, that AS 28.05.140 creates rights that are "non-waivable" and not subject to administrative proceedings, that the Municipality is attempting to enforce a fifteen-day "private" statute of…”
Quinn v. Alaska State Employees Ass'n/Am. Fed'n of State, Cnty. & Mun. Employees, Local 52, 944 P.2d 468 (Alaska 1997). “On February 23, 1994, Quinn sued ASEA in district court for unpaid overtime and penalties under AS 23.05.140(b) 1 and the Alaska Wage & Hour Act (AWHA), AS 23.”
Reed v. Mun. of Anchorage, 741 P.2d 1181 (Alaska 1987). “Since plaintiffs termination, defendant has failed, refused and neglected to pay plaintiff his just wages, which is in violation of AS 23.05.140(b). IX. Pursuant to AS 23.05.”
French v. Jadon, Inc., 911 P.2d 20 (Alaska 1996). “French also complained that, in violation of AS 23.05.140(b), Chilkoot’s did not promptly tender all pay due her.”
State, Dep't of Labor, Wage & Hour Div. v. Univ. of Alaska, 664 P.2d 575 (Alaska 1983). “AS 23.05.140(a). The employer must pay all wages, salaries or other compensation due an employee within three working days of termination, regardless of the cause of termination.”
— Alaska Stat. § 23.05.140(d) — 13 cases
Metcalfe Investments, Inc. v. Garrison, 919 P.2d 1356 (Alaska 1996). “The court also awarded Garrison $881.22 as the undisputed balance of the reserve account.”
Lowery v. McMurdie, 944 P.2d 50 (Alaska 1997). “1Jp0(d) Penalties Lowery and DeBerry counterclaimed against McMurdie for “back wages, plus AS 23.05.140 penalties.” The superior court ruled that Lowery was owed “wages” and that no penalty should be awarded against McMurdie.”
Klondike Indus. Corp. v. Gibson, 741 P.2d 1161 (Alaska 1987).
State, Dep't of Labor, Wage & Hour Div. v. Univ. of Alaska, 664 P.2d 575 (Alaska 1983). “AS 23.05.140(a). The employer must pay all wages, salaries or other compensation due an employee within three working days of termination, regardless of the cause of termination.”
United Food & Com. Workers Union, Local No. 1496 ex rel. Morton v. D & A Supermarkets, Inc., 688 P.2d 165 (Alaska 1984). “Local 1496 instituted legal proceedings on behalf of several employees, alleging that D & A’s payments of accrued vacation pay and wages owed were untimely, and thus penalties were owed under AS 23.05.140; and that one claimant, Etten, was entitled under the collective…”
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