Monday, March 30th, 2009...8:27 am
DAlaska: Employer Seeks Interlocutory Appeal on FLSA Coverage of Group Homes
The employer in Probert v. Family Centered Services has added new counsel (Richard Monkman of Sonosky Chambers’ Juneau office) and filed a well-written motion for certificate of interlocutory appeal under 28 USC § 1292(b), in its latest attempt to convince District Judge Ralph Beistline to reverse his earlier ruling that the FLSA covers operators of group homes for emotionally-ill children.
The employer argues that Beistline’s ruling conflicts with a Superior Court opinion concerning the same employer (and thus promotes forum shopping), conflicts with District Court opinions from other Circuits, and, if reduced to judgment and applied to all affected employees, would devastate the employer and harm the children at the group homes.
Addendum: Here’s Alaska Superior Court Judge Michael MacDonald’s earlier ruling that conflicts with Judge Beistline’s.
04/17/09 Addendum: Plaintiffs have now filed their § 1292(b) Opposition.
04/23/09 Addendum: The employer’s Reply.
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