Wednesday, March 5th, 2008

9th Cir: Snakes, Drugs, and Disabilities

A federally-subsidized housing authority has no duty to reasonably accommodate a tenant’s medical marijuana use.  Furthermore, the panel held,
[b]ecause the Plaintiffs’ eviction is substantiated by Assenberg’s illegal drug use, we need not address his claim that his snakes qualify as “service animals” or whether [the housing authority] offered a resonable accommodation.
Assenberg v. Anacortes Housing Authority, […]

Wednesday, March 5th, 2008

Clinton and Employment Law

We earlier mentioned Sen. Obama’s primary employee rights bill - the Independent Contractor Proper Classification Act of 2007.  It has not been enacted.
Sen. Clinton’s claim on employment law is the Employee Free Choice Act of 2007.  The bill would eliminate NLRB elections where a majority of the barganing unit had signed cards for a union and […]

Wednesday, March 5th, 2008

DAlaska: Wage Claims and the Red Dog Mine

State wage claims in Bankruptcy Court:  Bankruptcy Judge Donald MacDonald has refused to reconsider his earlier determination that creditor Robert Edelen was an independent contractor, not an employee of the debtor.  MacDonald found “persuasive” a letter from the state Wage and Hour office.
In re Baxter, 2008 WL 544916 (Bankr.D.Alaska Feb. 25, 2008).
Pollution at the Red Dog […]