Alaska Employment Law

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 Ethics, re corporate employees:  It’s ethical for counsel for a corporation or organization to “request” the client’s employees (whether or not members of the control group) not to speak to opposing counsel.  See RPC 3.4(f).  Quaere whether it’s OK to “instruct” or “direct” them not to speak.

Equity owners and the FLSA/AWHA:  An employer need not prove the salary portion of the FLSA  or AWHA “executive” exemption for any employee who owns at least 20 % of the equity in that employer.   See 29 CFR § 541.101, adopted by AS 23.10.055(c).

And, a reminder about year-end bonuses: Year-end non-discretionary bonuses to non-exempt employees can trigger overtime liability, as the Pennsylvania Employment Law blog explains.