Burgess rejects summary judgment for FedEx
FedEx Ground uses “independent contractors” to deliver its packages. In Anchorage, FedEx Ground contracted with John Thompson to run packages to the Kenai/Soldotna area, and Thompson in turn contracted with Joe Williams. Joe Williams later sued FedEx Ground, under state law, for overtime compensation, breach of contract, etc., arguing that he […]
Two recent appellate opinions illustrate the possibilities and limitations for employees pursuing wage claims.
The 9th Circuit case reminds practitioners that § 301 permits an individual union member to sue for unpaid wages laid out in the CBA, as well as for wrongful discharge.
Although claims arising under a collective bargaining agreement that concern questions of labor policy […]
UTPA May Play Powerful Role in Employment Cases
This site has previously raised the possibility that plaintiffs might use the state’s Unfair Trade Practices Act to enforce selected employment-related claims. If that possibility comes to pass, Friday’s opinion from the Alaska Supreme Court will be very important.
In Kenai Chrysler Center, Inc. v. Denison, Op. No. 6167 (Alaska […]
The Alaska franchisee of Avis sued its parent (Cendant), after the parent bought the Budget chain and, through Budget, competed with Alaska Avis (Rent-a-Car). U. S. District Court Judge Timothy Burgess has now resolved most claims in favor of Cendant, via summary judgment. In the process, Burgess addressed a variety of legal issues that sometimes arise […]
Scattered Alaska statutes authorize awards of actual attorneys fees to prevailing plaintiffs in employment cases. Some are familiar (such as the provision in the Wage and Hour Act for reasonable attorney fees). Some are less familiar, such as the provisions for these categories of claims:
1) Extension of fraudulent employment offers
Alaska law bars an employer from […]
