Thursday, September 4th, 2008

The Alaska Personnel Board

The Alaska Personnel Board adjudicates complaints against Executive Branch employees under the Alaska Ethics Act.  Gov. Sarah Palin has filed a complaint against herself, and now PSEA has filed one concerning the release of information about AST Mike Wooten. 
The Personnel Board is composed of three members appointed by the governor.  The Director of the Division of […]

Thursday, September 4th, 2008

Disclosure of Confidential State Personnel Records

Troopergate has now intersected with Alaska employment law.
The union for Alaska State Troopers has asked that the State to investigate the disclosure of personnel information about Trooper Mike Wooten.  The letter from the Public Safety Employees Association states:
A review of the transcript of the conversation baetween Frank Bailey, Director of Boards and Commssions, Office of the Governor, […]

Thursday, September 4th, 2008

AWHA Burden of Proof for Exemptions: Preponderance, or Beyond a Reasonable Doubt?

Did the 2005 amendments to Alaska’s Wage and Hour Act, adopting the federal regulation definitions for the white collar exemptions, also adopt the federal burden of proof concerning exemptions?  What is the prevailing federal standard - preponderance or “clear and convincing”?  Was the discussion in Fred Meyer of Alaska, Inc. v. Bailey, 100 P.3d 881, 884 (Alaska 2004), concerning […]

Thursday, September 4th, 2008

9th Cir: Sanctions in Hybrid FLSA Opt-In Class Action

Several employees filed an action that combined an opt-in FLSA collective action with multiple individual state law overtime claims.   When the case approached trial without any Rule 26 damages disclosures from the unnamed class members on either their FLSA or state law claims, the employer moved for exclusionary sanctions.
The trial court granted the motion, and excluded damages […]

Thursday, September 4th, 2008

Alaska Legal Miscellanea

Arbitration:  Anchorage arbitrator Robert Landau has issued his award in a work assignment case arising in Seward.  Landau held that the dispute was not mooted by a technological change that the employer could deactivate.  On the merits, Landau held that the employer had violated the CBA by assigning an operator/mechanic instead of a lineman to assist with the […]