Attorney Blog
Maine DOL Issues Draft Rules for Earned Paid Leave Law, Effective 1/1/21
March 25, 2020 Remember when we all thought the paid sick leave law that passed the State Legislature in September and doesn’t become effective until 1/1/21 was something to worry about? Even though those worries have been subsumed by everything else going on, the legislation is still chugging along. Today, the DOL issued its rules …
Solar Energy Leases: Maine’s Surge of Solar Power
In 2019, the Maine legislature passed several bills to encourage renewable energy developers, particularly solar energy developers, to build projects in Maine. The legislation included the following incentives: Net energy billing – customers who choose to receive energy from solar farms can receive credits on their bills for the energy provided by the solar farm …
Several Significant DOL Regulations Interpreting the FFCRA are Held Invalid by NY Court
Within the last few days, there has been a major development as to the DOL’s regulations interpreting the FFCRA. Its overall implications remain unclear, as I note at the end here, but you should be aware of it. A federal district court in New York has ruled that several of the Department of Labor’s regulations …
Divorce and Coronavirus: What you need to know during a global pandemic
Some of you may have been considering filing for divorce prior to the COVID-19 pandemic. Others may have been nudged in that direction after an extended stay-at-home order was issued. Regardless of how you got there, you all may be wondering whether or not you can still get divorced right now and what impact the …
OSHA Revises COVID Reporting Requirements
OSHA has issued an updated FAQ that changes the requirement for reporting a hospitalization due to contraction of COVID at work. The prior instruction from OSHA was that under §1904.39(b)(6), employers are required to report an inpatient hospitalization only if the hospital admission “occurs within twenty-four (24) hours of the work-related incident.” This has been …
What is Long-Term Care? And Why Should We Plan for It?
I am often asked why we should worry about planning for long term care. It is a good question, but I think before we can talk about the why we should talk about the what: What is long term care? We hear that phrase all over the place, so what does it actually mean? Long …
Detecting Elder Abuse
For years, Maine has been the oldest state in the nation. Our median age has risen to 44.9, and 21.2 percent of the state population is 65 or older. Exploitation of older Mainers is prevalent and especially difficult to detect because these individuals often are reluctant or unable to report abuse, whether financial or physical. …
New Executive Order Requires Immediate Attention by Covered Entities
Yesterday July 8th, the Governor issued the expected Executive Order regarding changes to enforcement of face coverings. The Order applies to retail stores with over 50,000 sq feet of shopping space, eating establishments, bars, tasting rooms, and lodging operations and accommodations in certain areas of Maine (the Counties of Cumberland, Hancock, Knox, Lincoln, Sagadahoc, Waldo …
The US Supreme Court Rules that Discrimination Based on LGBT Status is Prohibited by Title VII
On June 15, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against gay, lesbian or transgender employees based on sexual orientation or gender identity. Justice Neil M. Gorsuch, who authored the opinion, wrote that “we must decide whether an employer can fire someone simply for …
What to Do with Stimulus Checks Received by Estates
You may have been seeing, reading, or hearing on your favorite source of media that stimulus checks are being delivered to some of our deceased relatives. Personal Representatives of estates have been asking what to do if they receive a direct deposit or a check in the mail with this stimulus payment. Can the estate …