1. (a) A contractor may pay a laborer, mechanic, or field surveyor per diem instead of providing board and lodging, when the following conditions are met

   1. (1) the department determines that per diem instead of board and lodging is an established practice for the work classification; the department shall publish and periodically revise its determinations in the pamphlet Laborers' and Mechanics' Minimum Rates of Pay;
   2. (2) the contractor pays each laborer, mechanic, or field surveyor the appropriate per diem rate as published and periodically revised in the pamphlet Laborers' and Mechanics' Minimum Rates of Pay; and
   3. (3) the contractor pays the per diem to each laborer, mechanic, or field surveyor on the same day that wages are paid.

2. (b) A contractor may not pay per diem instead of board and lodging on a highway project located

   1. (1) west of Livengood on the Elliot Highway, AK-2;
   2. (2) on the Dalton Highway, AK-11;
   3. (3) north of milepost 20 on the Taylor Highway, AK-5;
   4. (4) east of Chicken on the Top of the World Highway; or
   5. (5) south of Tetlin Junction to the Alaska-Canada border on the Alaska Highway, AK-2.

(Eff. 11/25/2018, Register 228)

Authority: AS 23.05.060, AS 36.05.010, AS 36.05.030, AS 36.10.075