Thursday, March 6th, 2008

(More) Things I’ve Just Learned

No duty to repay advance on sales commissions:  According to a recent Connecticut Supreme Court decision,
the majority of the jurisdictions applies the general rule that if no express or implied contract for repayment is established, the employee is not liable to the employer for repayment of advances that exceed earned commissions. . . . In […]

Thursday, March 6th, 2008

Lilly Trial

Coverage of the trial of the State’s lawsuit against Lilly, in front of Judge Mark Rindner, may be found in today’s New York Times and the Associated Press, as well as the Daily News.

Thursday, March 6th, 2008

Adventures in the Temple of Justice

Our Hero Judge Alex Has a Bad Day in Court (Two New U.S. Supreme Court Opinions)
On February 20, 2008, the United States Supreme Court issued two opinions of interest to employers and businesses. This summary briefly reviews the opinions and their respective significance.
Judge Alex Gets Reversed: Effect of Arbitration Provisions on State Administrative Actions
In Preston […]

Thursday, March 6th, 2008

Alaska Due Process: Follow-up on ELS Meeting

Here are some further thoughts on Tom Daniel’s excellent presentation to the Employment Law Section yesterday noon.
Limits on public employment contracts:  Zerbetz v. Alaska Energy Center, 708 P.2d 1270 (Alaska 1985), addresses the permissible terms in an employment contract with a public entity.  In Zerbetz the Court held that the statutory authority to “employ” a Director […]