The Alaska State Commission for Human Rights (ASCHR) publishes an Annual Report. The Report indicates that 2006 saw a 40% increase in cases that were closed through their mediation process. The settlement rate for cases that went through mediation in 2006 was 78%. The Annual Report contains a summary of cases that went through public hearing, and also […]
The 9th Circuit concludes today that the “ordinary and popular” meaning of the phrase “wages and salary” is “remuneration for services.” Here, severance pay was not sufficiently linked to services (presumably services while employed). The Court explained:
Gilliam’s severance pay was not for services, but for her voluntary termination of employment, confidentiality, non-competition, and waiver of claims against Nevada […]
Yesterday the U S Supreme Court granted cert in Hall Street Associates LLC v. Mattel, Inc., an arbitration case, in which the 9th Circuit had held that the Federal Arbitration Act does not permit the courts to honor the parties’ agreement that courts should review an award under a standard more searching that the FAA. See, […]
The U S Supreme Court today issued its opinion in Ledbetter v. Goodyear Tire & Rubber Co., Inc. , 2007 WL 1528298 (May 29, 2007). Ledbetter claimed that Goodyear had discriminatorily denied her pay raises. Goodyear defended against Ledbetter’s Title VII claim, in part, on the timeliness of Ledbetter’s EEOC charge. Ledbetter won before the jury, but […]
The Supreme Court heard oral argument on April 20th, in Throop v. Air Logistics of Alaska, Inc. Gavel to Gavel describes the appeal as follows:
Both parties are appealing a trial court decision in this Alaska Wage and Hour Act case. The issues include: should overtime compensation be paid on hours worked or hours paid, and […]
Alaska Ethics Opinions: The AG’s office has issued two opinions on state employee participation in the Kenai River Classic. One advises Board of Fisheries members not to participate, absent extenuating circumstances. The other sets out less restrictive rules for other state employees.
Directory of Employment Law Blogs: There are currently at least 52 employment law blogs […]
In U. S. v. Curtin, 2007 WL 1500295 (9th Cir. May 24, 2007), the 9th Circuit, en banc, reversed a criminal conviction for Internet porn.
In a concurring opinion, Judge Kleinfeld stated:
I concur in the reversal of Curtin’s conviction. I agree with the majority that a trial judge must examine evidence in order to weigh its probative value against the […]
Both the U. S. House and Senate have now passed the Fair Minimum Wage Act of 2007. Pres. Bush has promised to sign it. The Act will raise the federal minimum wage to $5.85, and then increase that to $6.55 one year later, and $7.25 the following year. Thus, by summer of 2009, the federal minimum […]
On Wednesday, May 23rd, the EEOC issued a
Guidance on discrimination against caregivers under Title VII, the ADA, and the FMLA. The agency summarizes:
Although the federal EEO laws do not prohibit discrimination against caregivers per se, there are circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The purpose of this document is to assist […]
One of the factors in assessing the “reprehensibility” of a tortfeasor’s conduct, when setting punitive damages, is whether the conduct was intentionally malicious or a mere accident. In addressing this factor, the 9th Circuit, in In re The Exxon Valdez, 2007 WL 1490455 *22 (9th Cir. May 23, 2007), responded to Exxon’s ADA defense as […]
The most common source of non-judicial interpretations of the Alaska Wage and Hour Act is the Labor Standards division of the state Department of Labor. But the Attorney General’s office also sometimes offers advice. For instance, the AG’s office has issued opinions on whether the 2003 overtime exemption for flight crew members is validly retrospective; whether […]
As of May 12, HB 109, as amended, has passed both houses and should soon be on its way to the Governor, who requested the original bill. As you can see from the title, the legislation tightens rules governing the conduct of public employees and officials:
An Act relating to bribery, receiving unlawful gratuities, and campaign contributions; […]
The 9th Circuit has denied the petition for rehearing en banc in the Exxon Valdez punitive damages case. Several judges (Kozinski and Bea) had urged the entire court to reject any punitive damages.
Update: Eugene Volokh says Supreme Court review should be “likely” and “appropriate,” relying on Judge Kozinski’s dissent aguing that maritime law bars any […]
“WHPLs” are letters addressed to staff employees of the Labor Standards division of the Alaska Department of Labor. Sometimes they address housekeeping matters, but they often interpret the Wage and Hour Act, as well as Chapter 5 of Title 23. The Department hasn’t posted the text of the letters on-line, but here is an index […]
The Alaska Department of Labor issues Wage and Hour Opinions Letters (WHOLs), Wage and Hour Policy Letters (WHPLs), and individual employer letters.
Here is the index of WHOLs from 1982 to 2004. The Department has issued no WHOLs since Randy Carr’s departure in 2004. The text of the WHOLs and WHPLs is not yet available on-line.
The federal counterpart […]
The Alaska Department of Labor proposed various amendments to its regulations back in December of 2006. The proposals addressed issues of child labor, comp time, deductions from wages, the statement of earnings and deductions, return transportation costs, and Title 36 payrolls. The Department characterizes many of the proposed regs as “clarifications” of existing regulations.
The Department […]
The 25th Alaska Legislature, which adjourned Wednesday, took only minor action on employment-related topics during its first session. Only three bills, all awaiting transmittal to the Governor, may be of any interest.
HB 109 comprehensively revised the ethics rules for public employees. (More on this shortly.)
HB 205 specified the kinds of criminal conduct that permit the Real Estate […]
On May 15th, the Alaska Senate accepted the House’s version of the AGIA bill. With two exceptions, the text of the bill, as it pertains to labor issues, is identical to that discussed earlier. In both sections 15 (local hire) and 17 (project labor agreement) of AS 43.90.130, legislators added the word “maximum” to the phrase “to the extent […]
The Supreme Court, in an unpublished opinion, recently addressed several issues about the Due Process rights of a public employee. The Court issued its opinion in Bowen v. State, 2007 WL 706638 (Alaska Mar. 7, 2007), on appeal from remand proceedings following State v. Bowen, 953 P.2d 888, 901 (Alaska 1998).
Bowen had been a staff […]
The Alaska Supreme Court heard oral argument on April 17th in Alaska Public Interest Research Group v. State, S-12341. Gavel to Gavel describes the appeal as follows:
The Alaska Workers Compensation Appeals Commission was created in 2005 and replaced the superior court in hearing appeals of decisions by the Alaska Workers Compensation Board. The Alaska Public […]
In an Alaska Wage and Hour Act case filed in federal court, U. S. District Court Judge Ralph Beistline applied Piquiniq v. Management Corp. v. Reeves, 985 P.2d 732 (Alaska 1998), to an employee paid a “daily” salary. The employer had urged the court to first annualize the employee’s income, then divide by 52 weeks to […]
The Alaska Supreme Court heard oral argument in Southern Alaskan Carpenters Health and Security Trust v. Jones on April 18, 2007. The issues on appeal are:
Can the Joneses recover money damages from the Southern Alaska Carpenters Health and Security Fund based on representations made to them by employees of the Fund that they were eligible for health benefits […]
The 4th Circuit has held that the part of ANCSA that exempts Alaska Native corporations from Title VII claims (43 USC 1626(g)) does not protect ANCSA corporations from Section 1981 claims. Aleman v. Chugach Support Services, Inc., No. 06-1461 (4th Cir. May 3, 2007). The Court thus permitted the plaintiffs to pursue Section 1981 claims […]
The Alaska Supreme Court, in Pyramid Printing v. ASCHR, 153 P.3d 994 (Alaska 2007), held
a constructively discharged employee need not accept a reinstatement offer if the employee reasonably believes that the intolerable conditions (here, sexual harassment) have not changed;
the Human Rights Act grants the Commission authority to award vacation pay as “other appropriate relief”;
the Act […]
The Volokh Conspiracy discusses Chief Justice John Roberts’ comments Thursday evening (May 3rd) at the AkBA Bar Convention about possible reasons for the declining number of Supreme Court opinions.
The current version of the proposed Alaska Gasline Inducement Act (CSSB 104(Jud)), in section 15 of proposed AS 43.90.130, requires all applicants, “to the extent permitted by law,” to
(A) hire qualified residents from throughout the state for management, engineering, construction, operations, maintenance, and other positions on the proposed project;
(B) contract with businesses located in the […]
