How Not to Use Surveillance in an FMLA Situation
A recent decision from the US District Court in Idaho provides some useful reminders of what can constitute interference and retaliation under the FMLA. As our readers know, it is a violation of the federal FMLA to interfere with, restrain, or deny the exercise or attempted exercise of FMLA rights by an employee. Courts have […]
Read MoreMarijuana’s Legal Limbo Poses Challenges for Municipalities
On November 8, 2016, Maine voters approved a ballot question legalizing possession and use of marijuana by persons 21 and older, and to allow commercial cultivation and sale of marijuana, subject to state and local regulation. The new law, the Marijuana Legalization Act, took effect January 30, 2017, but the Legislature imposed a moratorium on […]
Read MoreWhy is a deposit so necessary to a purchase and sale agreement?
Several times clients that are purchasing real estate have asked, “Do I really need to give a deposit?” The parties say “This is a friendly transaction, is it really necessary to give the seller a deposit when entering into a purchase and sale agreement? There are actually several good reasons for requiring a deposit with […]
Read MoreLET’S KEEP IT PRIVATE
It has been almost eighteen years since the U.S. Department of Health and Human Services, late in 2000, issued the HIPAA Privacy Rules to promote the privacy of individuals’ “protected health information.” Shortly thereafter, patients started seeing in their doctors’ offices “Notices of Privacy Practices”—usually in little pamphlet forms, or else just printed on […]
Read MoreThe Forgotten Step in Estate Planning: Beneficiary Designations
Individuals often believe that a last will and testament is sufficient estate planning. However, a complete estate plan includes a last will and testament and planning for incapacity with a financial power of attorney and an advance health care directive. In some cases, a revocable living trust will also be included in the estate plan. […]
Read MoreNew IRS Rules Regarding Partnership Audits (including LLCs), Part I
This blog will be part one of three regarding the new IRS BBA Rules regarding partnership audits that went into effect on January 1, 2018. Background: For over 35 years the IRS has wrestled with effectively auditing partnerships and their partners (including LLCs and their members, once LLCs began being widely used in the 1990s). […]
Read MoreEnsuring Compliance with Harassment Training Obligations
The national attention given recently to sexual harassment serves as a good reminder to Maine employers of their obligations to employees in this context. In addition, the first of a new year is always a good time to renew a commitment to a harassment free workplace and ensure compliance with training requirements. In terms of […]
Read MoreU.S. Department of Labor’s OSHA Extends Compliance Date for Electronically Submitting Injury, Illness Reports to December 15, 2017
To allow affected employers additional time to become familiar with a new electronic reporting system launched on August 1, 2017, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced on November 22, 2017, that it has extended the date by which employers must electronically report injury and illness data through the Injury Tracking Application (ITA) […]
Read MoreMinimum Salary Level for Maine Exempt Employees Rises To $30,000 per Year, or $576.93 per Week, Effective on January 1, 2018
Referendum Question 4, approved by Maine voters in November, 2016, raised the Maine minimum wage to $9.00 per hour, effective on January 7, 2017, and to $10.00 per hour effective as of January 1, 2018, with more annual increases in later years. A consequence of that change was that the minimum salary in Maine for […]
Read MoreLUPC VARIANCE
The State legislature created the Maine Land Use Planning Commission (LUPC) formerly known as the Land Use Regulatory Commission (LURC) by statute entitled 12 MRSA Chapter 206-A Land Use Regulation. The LUPC is charged with interpreting, applying and enforcing Maine’s Comprehensive Land Use Plan for Maine’s unorganized and deorganized territories including plantations and townships. […]
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