Category: Employment and Labor Law

New Law Requires Payout of Vacation Pay in Maine

On April 7, 2022, Governor Mills signed into law L.D. 225, titled “An Act Regarding the Treatment of Vacation Time upon the Cessation of Employment.” This is a very significant change. It amends the current vacation leave payment law in Maine to require employers with more than ten employees to pay employees, on the cessation …

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Workplace Discrimination: Decoding The Maine Human Rights Act

When making any employment decision, whether it’s to hire, fire, promote, or demote an employee, each and every employer in Maine must be aware of the Maine Human Rights Act. See 5 M.R.S. § 4551-4634. The Maine Human Rights Act (“MHRA” or “the Act”) is Maine’s own anti-discrimination law. The MHRA prohibits discrimination based on …

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Update from OSHA and the ETS

There is an update on the status of OSHA’s Emergency Temporary Standard (ETS) following the decision by the Supreme Court staying the implementation of the standard pending the outcome of the litigation in the 6th Circuit Court of Appeals.  As of January 25, OSHA announced that it is withdrawing the ETS, which also ends the …

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The CDC Updates Recommended Isolation and Quarantine Periods

Last week, the CDC updated its COVID-19 guidance with regard to isolating and quarantine.  According to the agency, “The change is motivated by science demonstrating that the majority of SARS-CoV-2 transmission occurs early in the course of illness, generally in the 1-2 days prior to onset of symptoms and the 2-3 days after.”  The update …

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Compliance with the ETS: Initial Determination of Employee Threshold

In order to assist our clients in preparing for the new deadlines for compliance with OSHA’s ETS, this update addresses the preliminary issue of how an employer should calculate whether they meet the 100 employee threshold.    The ETS provides some information about how to calculate that number. All employees are counted, including full time, part-time, …

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Important Update on Osha’s Ets Mandate With New Deadlines for Compliance

On Friday, the Sixth Circuit Court of Appeals lifted the stay on OSHA’s ETS mandate.  The mandate applies to employers with at least 100 employers and requires covered employers to, among other things, require either vaccination or weekly COVID testing. Our readers will recall that in early November, the Fifth Circuit Court of Appeals had …

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Update on Status of CMS Vaccine Mandate

As our readers know, on November 5, CMS issued a vaccine mandate which applied to defined “staff” at Medicare- or Medicaid-certified facilities (which were detailed in the mandate) be vaccinated against COVID-19 by certain deadlines, the first of which was December 5, 2021 and the second of which was January 4, 2022. As of yesterday, …

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Some Action by OSHA on the ETS; Still a Waiting Game

Many employers are anxiously awaiting the updated ETS from OSHA following President Biden’s September 9 announcement that the agency would be issuing the standard requiring, among other things that covered businesses require their employees be vaccinated or undergo weekly testing, and that covered businesses provide paid time off to be vaccinated or recover from any …

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