Alaska Employment Law

Law firms as FLSA defendants:  The 11th Circuit has suggested that ex-law firm employees, when represented by counsel, should (must?) serve a pre-suit demand.  The failure to do so may result in a compelte denial of attorney fees.   Volokh Conspiracy has links, comments, etc.

Employer extra-scope liability:  At Alaska Law, Chris Slotee summarizes recent Alaska Supreme Court opinions, including Ayuluk v. Red Oaks Assisted Living, Inc., from February 20th, whose most important holding he summarizes as follows:

the Alaska Supreme Court held that an employer could be legally responsible for the acts of an employee, even if those acts are clearly outside the course and scope of their employment, if (1) the employee had, by reason of their employment, “substantial power or authority” over the victim, and (2) that power or authority played a “substantial factor” in bringing about the tort. While this holding is a logical extension of the Court’s previous decisions in the cases involving sexual harassment, it is a significant expansion of an employer’s possible liability. Although the “course and scope” of employment test will continue to be the predominate test for vicarious liability, there is now the possibility that an employer can be liable for even egregious torts (or crimes) committed by an employee, if that employee was able to commit that tort because of the power and authority granted to him by his employer.

Slotee, with Richard Vollertsen, represented the mostly-successful plaintiff-appellant in that case, which was remanded to Judge Peter Michalski.  AEL recently discussed it here.

DNA in the US Supremes:  The unidentified Public Defender who writes Alaska Blawg discusses the Osborne case before the U S Supreme Court, which seeks to to mandate DNA testing of criminal defendants.  The case arose in Alaska’s Third Judicial District.

Preemption interruptus:   At Alaska Injury Law, Richard Vollertsen reviews the U S Supreme Court’s recent 6-3 holding in Wyeth v. Levine, saving some pi claims from regulatory preemption.

Child support and mortages:   At Alaska Divorce Law, Peggy Roston discusses just that.

Employee patents:  Fairbanks lawyer Alicia Porter blawgs on employee rights to patents arising from work.