Thursday, February 7th, 2008

USDOL Sues Alaska Red Robins for Overtime

The U. S. Department of Labor today sued the corporations who run the two Anchorage Red Robin restaurants (on East Dimond and Penland Parkway) for violating the overtime provisions of the FLSA.  DOL has also sued the sole shareholder of the two corporations, as a “joint employer.”
Chao v. Red Robin Alaska, Inc., et al., Case No. 3:08-cv-00017-JWS (D.Alaska).

Thursday, February 7th, 2008

Arbitration v. Litigation

It’s a good news, bad news story, without much good news for employees, especially unrepresented employees in front of repeat arbitrators:
From the abstract by researcher Alexander Colvin:
Whereas past research often concluded based on more limited datasets that outcomes from employment arbitration were generally similar to those from litigation, results of the present study, which is […]

Thursday, February 7th, 2008

DAlaska: Holland Refuses to Rule on Kohring Recusal Request

Judge Russel Holland has “decline[d]” Judge Sedwick’s request to resolve Victor Kohring’s recusal motion, holding that Sedwick must resolve it himself.  Holland distinguished between recusal motions based on 28 USC § 144 (where a different judge must resolve challenges based on “personal bias or prejudice”) and challenges based on 28 USC § 455 (where the sitting judge […]