Monday, July 7th, 2008...3:52 am

Miscellaneous Employment Issues

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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 discriminatory application forms [(a)(3)] and from retaliating against persons for engaging in protected activities [(a)(4)], but not for denying employment or discriminating against persons because of protected characteristics [(a)(1)]. 

Anchorage attorney Hugh Flesicher represents the plaintiff.  Tom Owens III represents both defendants.  Defendants recently removed the Complaint to federal court.  Malone v. Manpower Professional, Inc. and Honeywell International Inc., , 3:08-cv-00156-RRB (D.Alaska).

Employment blawgs:  The K & L Gates blog Construction Law covers mostly bid issues, but some labor ones as well.  It has links to Alaska construction-related resources, including Alaska Supreme Court caselaw summaries.

Management-side law firm Womble Carlyle publishes FLSA Blog, covering just that.

Signs your oral argument isn’t going well:  “Maybe you can think of something relevant to argue.”  9th Circuit Judge Kim Wardlaw to appellant’s attorney during oral argument.          

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