Alaska Employment Law

U. S. District Judge Timothy Burgess has ordered the following relief in the Yup’ik speakers lawsuit against the State of Alaska under the federal Votings Rights Act, starting with the August 26th primary election: 
1. Provide mandatory poll worker training. Poll workers shall be instructed on the VRA’s guarantees of language and voter assistance. In addition, poll workers serving […]

Arbitrator Robert Landau has denied the grievance of an Alaskan utility worker who lost his job for fighting with his supervisor.  The employee alleged that his attack was provoked, and excused, by his supervisor’s pattern of harassment.  Landau did grant the employee’s related grievance concerning a seniority award.  In the course of the opinion, Landau resolved a […]

Here’s the lengthy, detailed indictment, courtesy of Josh Marshall’s Talking Points Memo.  And here’s the Anchorage Daily News’ article on the same, with a link to Sen. Stevens’ statement.

A 9th Circuit panel has reversed a District Court denial of class certification.  The panel found that the lower court should have found Rule 23(a)(2) commonality among Hispanic employees alleging national origin pay discrimination at three different groups of commonly-owned stores. 
Parra v. Bashas’, Inc., 2008 WL _______ (9th Cir. July 29, 2008)

Paul Mollica at Daily Developments in EEO Law has a good discussion of the 9th Circuit’s recent opinion in Moreno v. City of Sacramento, 2008 WL _______ (9th Cir. July 28, 2008), in which plaintiffs’ attorneys will find a heart-warming discussion by Chief Judge Kozinski of attorney fee awards.

The 9th Circuit has reversed a trial court’s dismissal of a Section 1981 claim by a doctor employed as a “contractor” at a hospital whose staff, he claimed, discriminated against him because of his race, sexual orientation, and perceived disability (erroneous belief he suffered from HIV/AIDS).  The court also reversed rulings on the doctor’s claims […]

The 9th Circuit has released the names of the judges on the panel for the Anchorage calendar of August 4-7:  Dorothy Nelson, Wallace Tashima, and Raymond Fisher. 

A pilot who fished near his fly-in passengers on restricted federal property was charged with illegal guiding.  U. S. Magistrate John Roberts has acquitted the pilot, after trial.
Roberts’ now-published opinion sets up the issue this way:
Kenneth A. Bellows is named in a two count Information with “conducting any kind of work activity or service [on National Forest […]

You probably remember James Frey’s notorious “memoir,” A Million Little Pieces, which was selected by Oprah Winfrey for her book club because of its story of “redemption.”  When Pieces – a story about the author’s drugged and drunken youth, followed by his recovery – turned out to be fictional in numerous particulars, Winfrey denounced the […]

The Judicial Council has sent three names to Gov. Sarah Palin for the vacancy created by David Stewart’s retirement from the Court of Appeals: Joel Bolger (Kodiak Superior Court Judge), Susan Carney (Ass’t Public Advocate in Fairbanks), and Kevin McCoy (Ass’t Federal Public Defender in Anchorage).

The Alaska Human Rights Act provides: “The acquittal of a person by the commission or a court of competent jurisdiction of any alleged violation of this chapter is a bar to any other action, civil or criminal, based on the same act or omission.”  AS 18.80.280.  If the Human Rights Commission closes a case after finding […]

U. S. District Judge Timothy Burgess has resolved several issues raised by Yup’ik voters who sued the City of Bethel and the State of Alaska under the federal Voting Rights Act.  In one Order issued this Wednesday afternoon, Burgess held:

Because Plaintiffs have failed to raise a genuine issue of material fact as to whether Yup’ik […]

The 9th Circuit has reversed a District Court’s refusal to permit discovery directed toward an ERISA plan administrator’s conflict of interest without a showing of “need.” 
In an unpublished decision, the panel held that Metropolitan Life Ins. Co. v. Glenn, 128 S.Ct. 2343 (2008), lowered the threshold for discovery of evidence of an administrator’s potential conflicts. 
Wilcox v. Wells Fargo […]

The EEOC yesterday issued a 94-page Compliance Manual on religious discrimination.

In this morning’s opinion, the 9th Circuit has held that the court, not the arbitrator, decides whether an employer has either repudiated an arbitration agreement, or waived its right to compel arbitration of an employment dispute.  
On the merits of repudiation issue, the panel held that the the employee’s failure to properly initate arbitration (by submitting a formal Demand […]

The National Employment Lawyers Association, the employee rights group, has submitted an amicus brief in Gibson v. Nye Frontier Ford, S-13064, in which the Alaska Supreme Court granted a petition for review on the validity of a pre-dispute arbitration policy that requires the employee to pay 50 % of the forum costs.  Superior Court Judge John Suddock upheld that […]

U. S. District Judge Ralph Beistline has held that Teck Cominco’s employment preference for NANA shareholders at its Red Dog mine outside Kotzebue doesn’t violate either Title VII or Alaska’s Title 18. 
In his Order of July 21, 2008, Beistline first held that the employee hadn’t shown he was qualified for the position., and that, even if he had, the employee […]

This Thursday, July 24th, right in the middle of most employers’ workweek, the federal minimum wage will rise from $5.85/hr. to $6.55/hr.   The federal rate will rise again, one year later, to $7.25/hr., at which point it will exceed the Alaska state minimum rate.
The minimum wage for employers covered by the Alaska Wage and Hour Act remains […]

Paul Gowder at Uncommon Priors has a good reminder post on the wage and hour implications of employer-sponsored internships or externships, and whether the interns/externs are entitled to wages.  He links to a 2006 FLSA opinion letter about university-sponsored externships.
H/T: Workplace Professor

Non-profit employers with IRC 501(c)(3) status must file annual Form 990 reports.  The reports provide substantial financial data, including the compensation paid to officers, directors, and the five most-highly paid employees who aren’t officers or directors.
The 990 forms are available free, on-line.  Try the Foundation Center, or Guidestar (free reg’n req’d).

Red Sox Rule: Terry Francona and Boston’s Rise to Dominance, the latest sports book by former Globe reporter Michael Holley, is in some ways misleadingly titled.  It’s not just another Red Sox book – though it certainly looks like just another Red Sox book, the kind you could find in a pile on a separate […]

U. S. District Judge Timothy Burgess has rejected a litigant’s request to recuse himself because of financial interest. 
Rabbit Creek Community Church has sued the Municipality of Anchorage, arguing that a zoning ordinance (AMC § 21.45.235) that applies solely to churches violates the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act of 2000.  The Church […]

Here’s what’s been on other blogs on Alaska law this week:
An acquittal:  Ben, the lawyer from  Soldatna who writes A Public Defender’s Life in Alaska, recounts an acquittal following his closing argument built on the story of Susanna in Daniel, Chapter 13.
Fair Debt Collection Practices:  Paul Bratton, at Alaska Backwoods Lawyer, discusses the 9th Circuit’s July 7th opinion […]

Here is Exxon’s July 15th brief opposing the plaintiff class’ request for interest going back to the District Court’s award of punitive damages.

U. S. District Court Judge Ralph Beistline recently dismissed Point Hope Village’s request to enjoin oil company seismic tests that, the Village argued, would harass marine mammals in the Chukchi Sea.  The Village then appealed, and asked Beistline to enjoin drilling during the appeal.  Beistline has denied that request, stating:
It is not the Court’s role to […]

The Ninth Circuit, sitting en banc, recently granted rehearing of the panel decision in State of Alaska v. EEOC, 508 F.3d 476 (9th Cir. 2007).  The panel had held the the Government Employee Rights Act of 1991 hadn’t validly abrogated the state’s sovereign immunity.  The Petition for Rehearing, prepared by Professor Sam Bagenstos of Washington University Law […]

An Alaska Railroad employee signed a Last Chance Agreement that provided that neither he nor his union (the UTU) “may process a grievance . . . in any forum regarding [a] termination.”  The Railroad fired him.  He grieved, and lost before an internal Hearing Officer.  On appeal to the Superior Court, the employee argued, inter alia, that the Hearing […]

Los Angeles City police officers sued their employer for various constitutional violations arising from internal investigations into missing drug evidence.  After a jury acquitted the officers on criminal charges, they sued the City under Section 1983.  The City appealed the civil jury’s verdicts in the officers’ favor.
Police Chief as policymaker:   The 9th Circuit panel held that the City was bound […]

If an attorney’s conduct during an arbitration raises an ethical issue, who should resolve the issue?   The Bar Association?  But it’s not clear that arbitration is the practice of law.  The arbitrator, or the arbitration association?  But many arbitrators are not attorneys.  Attorney Steven Bennett raises the issue, and blogger/law professor Mitchell Rubinstein critiques Bennett’s proposal.

It’s hard to think of a sillier name for the Boston Pops’ spring series than EdgeFest, but that’s its name. Keith Lockhart - edgy? Am I in the right building? Watch out for the lunatic triangle player in this crazy band! Get down, Pops!
All right, whether or not Beethoven actually rolls over, I guess the […]

Last week Alaska Superior Court Judge Michael Spaan upheld the constitutionality of the 2006 statute that exempts from taxation the residences of teachers at church schools.   The Alaska ACLU and several individuals had challenged that statute.
In his Memorandum Decision, Spaan stated:

Article IX, section 4 of the Alaska Constitution declares that, “All, or any portion of, property used exclusively for […]

The 9th Circuit, en banc and via Judge Kim Wardlaw, has held:

On the basis of an uncorroborated tip from the culpable eighth grader, public middle school officials searched futilely for prescription-strength ibuprofen by strip-searching thirteen year-old honor student Savana Redding. We conclude that the school officials violated Savana’s Fourth Amendment right to be free from […]

U. S. District Judge John Sedwick has reversed Magistrate John Roberts’ order permitting the pre-trial release of a criminal defendant charged with participating in an international marijuana distribution conspiracy.  Conviction under the federal statute brings a mandatory minimum sentence of ten years.
In his published Order, Sedwick said:
When a person charged with a crime of the […]

Interest on Exxon Valdez punitives award:  ScotusBlog covers the class plaintiffs’ recent request to the U. S. Supreme Court to amend its recent opinion and hold that the reduced punitive damages award will bear interest at 5.9 %,  compounded annually, running from the District Court’s original award.
Roston on divorce law:  Anchorage attorney Peggy Alayne Roston posts weekly on the […]

The 16-page Indictment against State Senator John Cowdery is here.
Anchorage Daily News reporter Kyle Hopkins says that Cowdery’s attorney, Kevin Fitzgerald, confirmed the following:
COMPANY A: Veco.
COMPANY CEO: Former Veco chief Bill Allen.
COMPANY VP: Former Veco exec Rick Smith.
STATE SENATOR A: Sen. Donny Olson, D-Nome.
STATE SENATOR B: Former Senate President Ben Stevens, R-Anchorage.

Philadelphia requires that tour guides be licensed, and licensing requires passing exams in history and geography.  Does the municipal ordinance violate the Free Speech clause?  UCLA law professor Eugene Volokh argues, Yes.

A small business (4 employees) petitioned for an L-1A nonimmigrant visa for its CEO and chief shareholder.   A 9th Circuit panel has now affirmed USCIS’ denial of the petition, holding that the executive was primarily engaged in operational rather than managerial responsibilities.  The Court held:
We agree with Petitioners that the INA, as amended, renders managers of an […]

Two police officers have sued the City of Fairbanks, its Police Chief, and its Deputy Chief, claiming that the City demoted them in retaliation for raising concerns about pay, equipment, officer training, and nepotism. 
In their Complaint, Al Hutton and Doug Wharton assert claims under the Alaska Whistleblower Act (AS 39.90), the federal Civil Rights Act […]

On June 25, 2008, the House of Representatives passed the ADA Amendments Act of 2008 exactly as it was reported out by the House Education & Labor and Judiciary Committees (H.R. 3195). This amendment is supported not only by the disability and civil rights communities, but also by such prominent members of the business community […]

We earlier blogged about the Alaska statute that lightly regulates employer rules on bringing guns to work.  See AS 18.65.800(d).  Following the U. S. Supreme Court’s 2nd Amendment opinion in District of Columbia v. Heller, 2008 WL 2520816 (U. S. June 16, 2008), there’s been a steady trickle of challenges to gun laws, including laws […]

The Native Village of Point Hope challenged Shell and BP’s permits to conduct seismic surveys off the North Slope of Alaska.   On July 2nd, U. S. District Court Judge Ralph Beistline denied the Village’s request for an injunction.
Beistline first held that the federal agencies were not required to conduct an EIS before issuing the permits (the […]

Fairbanks attorney Jim DeWitt’s most recent (June 2007) edition of his Legal Handbook for Nonprofit Corporation Volunteers (or What to Do Till The Lawyer Comes) is available on-line here.

The Alaska Court System doesn’t currently post court records on-line.  (The local federal court does.  That’s a later topic.)  But it does post some essential information from those records. 
Trial Court Records
If you’re looking for records from the Alaska District Court or Superior Court, start your research by going to the Search page of CourtView.  Enter the information […]

Title 18 action against temp agency: An employee has filed a lawsuit (common law HWE & Title 18 retaliation) against a temp agency as well as the assigned employer.  Here the temp agency’s Title 18 nexus arises from its status as an “employment agency,” rather than as a joint employer.  AS 18.80.220 bars emloyment agencies from using […]

While not a real fan of boxing, I think there are some fine books about boxing, such as Mark Kram’s Ghosts of Manila, which traces the blood feud between Muhammad Ali and Joe Frazier.  For a great story about a pugilist perhaps as far removed from those champions as one can be, get Two Ton: […]

If an employee is on the payroll for more than 12 months, but starts leave within the 12-month period, does he qualify under the federal Family Medical Leave Act?  The 9th Circuit, in an unpublished opinion, says, No.

the district court correctly concluded that Smith was not eligible for leave under 29 U.S.C. § 2612(a) and […]

The State of Alaska Office of Administrative Hearings website for agency opinions is up.
To search the entire database, from all participating agencies, use this page.  To find an index of all posted opinions for a particular agency (Human Rights, Certified Nurse Aide licensing board, etc.), go here.
Right now, the site includes opinions back to about 2004.  […]

Senior Ninth Circuit Judge Warren Ferguson died June 25th, aged 87.  President Carter appointed him in 1979.  An obituary appears in the LA Times.

The 9th Circuit this morning ordered en banc review of the panel decision in State of Alaska v. EEOC, 508 F.3d 476 (9th Cir. 2007), in which the panel held that the State has 11th Amendment immunity for Title VII claims filed by several policymaking officials appointed by former Gov. Walter Hickel, including Margaret Ward.
We discussed […]

Attorney Paul Bratton and paralegal Judy Price run a law practice in their Chunilna Creek homestead in the MatSu Borough.  They also host a blog, called Alaska Backwoods Lawyer.  Started just in May of this year, the entries so far cover not only legal issues (Exxon Valdez, commercial fishing, consumer problems), but also life on […]

Today is the centenary of Thurgood Marshall’s birth, discussed in Balkinization by Mary Dudziak, author of a new Marshall biography, Exporting American Dreams: Thurgood Marshall’s African Journey.

A 9th Circuit panel has held that an ERISA administrator must provide a participant with notes of its claims investigators, if the participant so requests:
[Plan participant] Sgro also claims that he asked defendants for a “complete copy of [his] claim file” and that defendants didn’t fully comply with the request. In particular, Sgro alleges that […]

Jim Grandjean died yesterday in Arizona, where he’d practiced law after leaving Alaska.   He was 68. 
Grandjean worked for Alaska Legal Services in its early years, including as Director of Litigation in the mid-1970’s, when Loyette Goodell and Frank Flavin were the Executive Directors. He was part of the first generation of ALSC attorneys, who included John Hedland, Saul […]

A miner challenged BLM’s “abandonment” of his claims for failure to timely file annual paperwork.  Judge John Sedwick has now granted the agency’s motion to dismiss, holding that the District Court lacks subject matter jurisdiction of the damages claim over $10,000; the absence of a state actor precludes a Section 1983 claim; and “abandonment” under […]