Category: Employment and Labor Law
Proposed Rule From the FTC Would Ban Non-Compete Agreements in Most Circumstances
By Anne-Marie L. Storey, Esq. Currently, the general test for determining whether a non-compete agreement is enforceable depends on several factors, including (1) whether the agreement protects a legitimate business …
The US Supreme Court Confirms the Highly Compensated Employee Exemption Test Requires Payment of Salary
By Anne-Marie L. Storey, Esq. A decision issued by the United States Supreme Court on February 22, 2023, reminds employers that in order for the highly compensated employee exemption to …
Maine Workers’ Compensation Appellate Division Affirms Win for Employer Regarding Compensability of CBD Products
By Anne-Marie L. Storey, Esq. You will likely recall that several years ago, we were successful in arguing that medical marijuana was not a compensable form of treatment under the …
New Guidance from the DOL on Cessation of Employment and Vacation Pay in Maine
The Maine DOL has issued an interpretive guidance on the new legislation addressing vacation entitlement upon cessation of employment. These are the relevant points: As stated in the law, it …
The Impact of Daylight Savings Time on Wages Earned
Daylight Savings Time (DST) will come to an end this weekend, November 6 at 2:00 a.m., and we will set our clocks back. In addition to making it woefully dark …
New Proposed Rule on Independent Contractor Determination
On October 13, 2022, the U.S. Department of Labor (DOL) issued a proposed rule regarding the determination of who is considered an independent contractor under the FLSA. The …
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 …
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. …
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 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 …
