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FRED MEYER OF ALASKA, INC. v. BAILEY

Nos. S-10958, S-10968.

100 P.3d 881 (2004)

FRED MEYER OF ALASKA, INC., Appellant/Cross-Appellee, v. Ron BAILEY, Appellee/Cross-Appellant.

Supreme Court of Alaska.

November 5, 2004.

Attorney(s) appearing for the Case

Peter Gruenstein, Gruenstein & Hickey, Anchorage, and James R. Dickens, Miller Nash LLP, Seattle, Washington, for Appellant/Cross-Appellee.

John E. Casperson, Holmes, Weddle & Barcott, Anchorage, for Appellee/Cross-Appellant.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

This appeal arises out of Fred Meyer's classification of manager Ron Bailey as an exempt employee and therefore ineligible for overtime pay under the Alaska Wage and Hour Act (AWHA). Bailey opted out of a class action for overtime pay because of a threat by his store manager. Within two years of being told by a different manager that participation in a court action would not jeopardize his job, Bailey...

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