Judge Ralph Beistline has ruled in the government’s favor in the dispute with Polar Star Alaska Housing Corporation over the termination of the long-term lease of 300 units on Eielson Air Force Base.
Beistline ruled that
* the Ground Lease expires January 2008 rather than January 2007;
* the Court, rather than a Land Commission under FRCivP 71.1(h), will […]
President Bush has “pocket vetoed” the FMLA amendments (reported here earlier) that provide extra coverage for military families.
H/T: FMLA Blog; Connecticut Employment Law Blog.
My sister loaned me Eric Clapton: The Autobiography. I haven’t quite finished it, but finishing it won’t change my conclusion. It stinks. It’s badly written. It’s a real letdown. Commendably, Mr. Clapton decided not to use a ghost writer, but he should have used a collaborator because as a writer, he’s just a great guitarist. […]
The Ninth Circuit this morning issued its en banc opinion in Bates v. UPS, where United Parcel Service had imposed DOT hearing standards on all drivers, including those driving trucks below the DOT weight floor (10,001 pounds). The court vacated the District Court’s injunction against UPS, and remanded for application of different legal standards, though […]
“Mom” as discrimination: A supervisor told an employee that part of the reason she was not promoted was because she was a “mom.” Is that direct evidence of sex discrimination? Not according to the 9th Circuit (Farris and Beezer) in an unpublished opinion:
The term “mom” means “mother,” which is a “female parent.” Webster’s Ninth New Collegiate […]
Manual instruction to “enforce all laws” doesn’t satisfy Garcetti
In Garcetti v. Ceballos, 126 S.Ct. 1951 (2006), the Supreme Court held, generally, that the 1st Amendment doesn’t protect public employee speech required by the employee’s job responsibilities. That holding triggered fears that public employers could immunize themselves from retaliation claims by drafting needlessly broad job descriptions. The […]
Annual tax bill could be over $300 million
We recently reported on the FedEx Ground litigation in Anchorage federal court. There, the driver of an “independent contractor” for FEG claimed that he had a “joint employent” relationship with FEG. Judge Burgess denied FEG’s summary judgment motion on the classification issue.
Saturday’s Wall Street Journal (12/22/07, A-4) now […]
One of my partners, now in his late 80s, has published a memoir of his early life that includes his participation in World War II (I hope he eventually writes of his later years, when he appeared on President Nixon’s famous “enemies list.”). Thinking of WW2, I have been trying to learn more about the […]
FMLA amendments: Congress has passed, and Pres. Bush is expected to sign, amendments to FMLA that will provide leave to servicemembers and their families. The details are discussed in Connecticut Employment Law Blog and the FMLA Blog.
NLRB policy shifts: K&L|Gates (soon to merge with Hughes & Luce) has published “Changing Course at the NLRB,” the first part of which […]
Jason Bresser worked as an independent contractor at Schlumberger’s Prudhoe Bay motor shop. Given his classification, Schlumberger did not permit Bresser to participate in its retirement and health benefits plans. In 2005, Schlumberger terminated his employment. In this litigation, Bresser challenged his classification and contended Schlumberger suspended and then fired him in retaliation for “having brought problems of […]
Primary jurisdiction and res judicata bar union’s independent challenge to City’s action
Superior Court Judge Mark Wood has ruled that the Fairbanks Firefighters Union may not pursue a breach of contract action against the City of Fairbanks while simultaneously pursuing an appeal from an ALRA Decision on the same or related issues.
The City and Fairbanks IAFF Local […]
The Alaska Supreme Court has affirmed most of the trial court’s decisions in an AWHA class action. Given that I represent the employee class, I’ll try to keep this entry brief and neutral.
Air Logistics of Alaska, Inc. (AirLog) provides helicopter services to various companies, including Alyeska Pipeline Service Company. It contracted to pay its remote employees for […]
The 9th Circuit maintains internal “practice manuals” for its judges and law clerks. It makes two of the manuals available to the public, on-line. The most valuable is the 369-page appellate standards of review, which, at pp. 169-369, covers every civil law issue imaginable. The text leads to the most recent 9th Circuit opinions. While the focus […]
The Alaska Labor Department has issued Wage and Hour Policy Letter # 203, which instructs W&H staff as folllows:
Settlement: W&H staff may not discuss settlement options with the employer until staff has completed the investigation and reviewed the results with a supervisor; and
Employer self-audits: Once an employee has made a formal wage assignment to the Department, W&H staff […]
The Court of Appeals this morning amended its earlier affirmance of class certification in Dukes v. WalMart, but the result is still 2-1 in favor of certification.
Update: Paul Mollica analyzes the changes in this entry at Developments in EEO Law.
Court of Appeals reverses Burgess’ summary judgment for vessel owners
The 9th Circuit has reversed Judge Timothy Burgess’ summary judgment for the owners of the cargo vessel, Baranof Trader. Joseph Abruska had been injured performing longshore work on the Baranof Trader, apparently falling through the guard rails. Abruska recovered from his employer under the LHWCA, and then […]
Burgess rejects summary judgment for FedEx
FedEx Ground uses “independent contractors” to deliver its packages. In Anchorage, FedEx Ground contracted with John Thompson to run packages to the Kenai/Soldotna area, and Thompson in turn contracted with Joe Williams. Joe Williams later sued FedEx Ground, under state law, for overtime compensation, breach of contract, etc., arguing that he […]
Can’t Buy Me Love, by Jonathan Gould
Energized by the possibility that the Red Sox might successfully trade for Johan Santana, one of my partners recently asked me to “stop reading books about the Beatles and get back to baseball.” I admit it, I have a Beatles addiction. Luckily for my partner, though, the definitive Beatles […]
Bar Ethics, re Trust Accounts: At Wednesday’s Employment Law Section meeting, Bar Counsel Steve van Goor mentioned that Wells Fargo routinely notifies the state Bar Association when a check drawn on a lawyer’s trust account bounces. No Alaska law requires WF to do this. Apparently, other states require this, and Wells Fargo has adopted a uniform national policy of notification.
Bar […]
Where to find them on-line
Yesterday’s post covered the value in finding executive employment contracts - they may, for instance, provide model contract language, or set a baseline for negotiating with the corporation on the terms of a severance or settlement package, or maybe for challenging the fairness of the company’s arbitration provisions. The executive’s arbitration clause will undoubtedly be […]
Employment agreements between executives and their publicly traded companies are often attached to 10-K reports filed with the SEC. SEC filings are available free, on-line. These agreements can set a baseline for other parties who may be negotiating or litigating with the corporation on similar issues, such as non-compete clauses, severance packages, or job security.
Yesterday’s Anchorage Daily […]
The 9th Circuit has joined four other circuits in holding that 42 USC § 1981 does not create a private right of action against a State defendant. The Court rejected the plaintiff’s argument that the 1991 Civil Rights Amendments added that remedy. The plaintiff relied upon an earlier panel’s opinion that the 1991 amendments created a […]
Inferences from use of “probationary” label: A recent post in Connecticut Employment Law discusses a D.Conn. opinion, based on state law, that sends to the jury the question of whether an employer’s use of the term “probationary at-will employment,” in combination with other factors (a promise of a performance review at the end of the probationary period, and a […]
Wednesday ELS meeting: The December 5th ELS meeting is on Ethics. The materials may be found here.
All-purpose in limine order: In a pending FLSA matter, Judge Burgess has entered a detailed in limine Order, covering 17 different categories of evidence. Burgess granted the employer’s motion, without opposition from the plaintiff employee.
The Order is easily adaptable to almost any […]
Sedwick dismisses several § 1983 claims
Impermissible search: Back in July, Judge Sedwick dismissed an acquitted criminal defendant’s civil rights claims against two state prosecutors arising from a marijuana search later held improper under state, not federal law. Mahle v. Mun. of Anchorage, 2007 WL 2021814 (D.Alaska Jul. 10, 2007). Now Sedwick has dismissed Mahle’s claims against the […]
Yesterday’s Wall Street Journal (12/03/07, A-14) carried an article about the tax status of the security guards employed by Blackwater Worldwide in Iraq. Blackwater classifies the guards as independent contractors, arguing, according to the WSJ, that they “like the ability to come and go between assignments, which [the IC status] makes easier.” Chairman Henry Waxman (D-Cal) […]
Court reverses Beistline, holds Army to private, not municipal liability standard
Carol Bolt claimed that the Army failed to use due care to remove snow from her apartment complex on Ft. Wainwright, causing her injury. Judge Ralph Beistline granted summary judgment in the government’s favor.
On appeal, the 9th Circuit reversed in part:
The district court held that the discretionary function exception […]
The five conforming bidders for the Natural Gas Pipeline signed on to the employment-related provisions of sections 15 and 17 of AGIA. ConocoPhillips, on the other hand, submitted a non-conforming bid, but one which included some promises with regard to Alaska employment.
Section VII of CP’s 115-page proposal addresses “Labor.” (Pp. 49-50) In that section, CP notes that […]
Johnny Most, a lesson in tolerance, and the old, old Boston Garden
With the resurgence of the Boston Celtics, basketball is actually kind of fun again. I had lunch today with a fellow from my office, mid-30s, who arrived at the doorstep of his teenage years just as the Larry Bird era had peaked and […]
