I've noticed this behaviour too but didn't think about reporting it as a bug for some reason - don't know why. Although it can be got around by putting these tracks in their own playlist such as "Misc" (as already mentioned) it is still annoying.
Have you reported it to the Empeg guys?

beaker
12 gig blue/magenta/orange/yellow (at the moment :-))
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Marcus 32 gig MKII (various colours) & 30gig MKIIa