Priest

MEMORANDUM **

Plaintiff Carolyn Jane Priest filed this action against Defendant Ribelin Lowell & Co., alleging that the company failed to compensate her for overtime as required *761 by the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 , and the Alaska Wage and Hour Act, Alaska Stat. §§ 23.10.050-150 . The district court granted summary judgment to Defendant on the ground that Plaintiff was an exempt administrative employee. On de novo review, we affirm.

A. Salary Basis

Plaintiffs first argument is that she was not paid on a salaried basis, which is a condition for the applicable exemption under both federal and state law. 29 C.F.R. § 541.2 (e)(1); Alaska Admin. Code tit. 8, §§ 15.908 , 15.910(a)(1). The company paid her a predetermined amount biweekly, which was never reduced for an absence of less than one day. However, when paying additional compensation for unused personal leave time at the end of each year, Defendant had a policy of taking into account absences of less than one day. Plaintiff asserts that this policy violated the salary-basis test.

This court squarely rejected Plaintiffs position in Webster v. Public School Employees of Washington, Inc., 247 F.3d…