Monday, February 25th, 2008

Obama and Employment Law

Sen. Obama introduced S. 2044, the Independent Contractor Proper Classification Act of 2007, in September of 2007.  Co-sponsors are Boxer, Clinton, Durbin, Kennedy, Mikulski, and Murray. 
S. 2044 would
       *  eliminate the statutory ban on IRS issuing regulations or revenue rulings on employee/independent contractor status;
       *  eliminate the employer defense of reliance on industry practice;
       *  […]

Monday, February 25th, 2008

Exxon Valdez - Oral Argument & Briefs

Oral argument is tomorrow morning.  The amicus brief of the Alaska Federation of Natives, RurAL CAP, the North Slope Borough, etc., authored by Carol Daniel, David Case, and others, is here. 
All briefs by parties and amici may be found at the SCOTUSblog wiki.

Monday, February 25th, 2008

Litigation Control in the Alaska Legislature

Frivolous litigation
HB 349 (Chenault), if passed, would amend Civil Rule 82(b) and Appellate Rule 408(e) [and codify both] to authorize fee awards against attorneys and parties who defend, as well as prosecute “frivolous litigation,” including cross-appeals as well as appeals.  The bill is in Judiciary Committee.
SB 226 (Judiciary Committee) is a more ambitious bill, and apparently one […]

Monday, February 25th, 2008

Confidentiality of Union’s Internal Deliberations

Must a union divulge its evaluations of possible grievances, or its bargaining committee’s notes, when they are relevant and are demanded by an adverse party? 
Say the employer in an arbitration suspects that the union is processing a discharge grievance over the objection of fellow employees.  Can the employer demand copies of the union grievance committee’s minutes […]