Category: Attorney Blog

DOL Issues Information About Certain Workplace Posting Requirements

We have previously talked about various posting requirements for Maine employers.  These include posters that meet DOL requirements, as well as those required by other federal and state laws.  There are specific requirements for postings in terms of where they are found, how they are disseminated, and who has to have access to them.  This …

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No Extension of FFCRA Leave into 2021, Sort of

As you know, the FFCRA provided qualifying employees with two different forms of leave.  The first was paid sick leave in two different categories: 1) up to 80 hours of paid sick leave at the employee’s regular rate where an employee is unable to work because of quarantine and/or the employee is experiencing COVID-related symptoms …

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COVID Vaccinations and the Workplace

The recent approval of a vaccine brings hope, but also raises a lot of questions for employers including whether the vaccinations can be mandatory and what ramifications could result from making it mandatory.  Some (but not all) of the important issues include workplace safety/OSHA obligations, workers’ compensation, and disability and religious accommodation.   The following is …

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Municipal Regulation of Solar Power in Maine

As my colleague wrote in a recent blog article called Maine Landowner’s Guide to Solar Leases [eric: link], recent legislative developments incentivizing solar energy in Maine has led to a “land rush” of out-of-state solar developers seeking to obtain interests in land from Maine land owners for potential solar development.  With any rush for development, …

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To Party or Not to Party: CDC Guidelines on Holiday Gatherings in a Time of COVID

11/5/20 This is typically the time when businesses begin to plan for their holiday celebration for employees. Before COVID, most such celebrations took the form of an office get-together, whether at the business, a restaurant/bar, or somewhere similar.  Things will have to be different this year.  While a holiday celebration may certainly help with employee …

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The CDC Has Issued a Revised Definition of “Close Contact”

On October 21, 2020, the CDC issued an updated definition of the type of “close contact” sufficient for potential transmission of COVID-19.  The term “close contact” was previously defined by the CDA as a contact within 6 feet for 15 consecutive minutes or more.   With the update, though, the CDC has amended that definition to mean …

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OSHA Has Issued a New Guidance Addressing Reporting of COVID-19 Cases

On October 1, 2020, OSHA issued a new guidance that addresses the circumstances under which cases of a COVID-related hospital admission or a fatality must be reported to the OSHA. The new guidance for cases resulting in a hospital admission uses the following language: Under 29 CFR 1904.39(b)(6), employers are only required to report in-patient hospitalizations …

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Voting and Employment Issues in Maine

With the upcoming election, employers may be faced with requests for time off to vote.  Whether to allow such time off is entirely within the employer’s discretion; Maine law does not require an employer to provide an employee with paid or unpaid time off for the purpose of voting.   An employer may also enforce rules …

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Maine Minimum Wage Increases Effective January 1, 2021

The Maine Department of Labor recently announced that the state minimum wage will increase from $12 to $12.15 per hour as of January 1, 2021.  The increase is based on the Maine law passed several years ago that provides that annual adjustments to minimum wage as of 2021 are to be based on the cost …

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Appealing a Court Decision: What Not to Do

Many civil disputes are settled, sometimes before a suit is even filed.  Of those cases where a lawsuit is filed and a court decision is made, only a fraction will be appealed.  This means that even sophisticated litigants and seasoned trial lawyers may have comparatively little experience in the appellate setting.  Before filing an appeal, …

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