Attorneys at Law
Hiring someone to work for your company that you call an independent contractor can be risky, particularly because making a mistake can lead to so many federal and state agencies pouncing on a mistake. The bottom line – to be an independent contractor, they really need to have their own company, that they have beenRead More
Thinking about doing drug testing or expanding existing testing? Maine law contains strict rules about testing – in fact, you can’t do drug testing in Maine without state approval. The Central Maine Human Resources Association will be addressing the issue of drug impairment in the workplace on February 20 (go to www.cmhra.org), a helpful first step if consideringRead More
In Maine, there are particular issues that must be addressed in a sexual harassment policy. The requirements are spelled out in the law (26 MRS § 807): the illegality of sexual harassment; the definition of sexual harassment under state law; a description of sexual harassment, utilizing examples; the internal complaint process available to the employee;Read More
In 2017, the Maine Legislature amended the law requiring harassment training, adding in record-keeping requirements and penalties, updating the poster needed, and tying a compliance checklist to the program that employers must develop. There are now penalties for failure to put up the poster as well as a failure to provide the required training. Fortunately,Read More
As of September 18, 2017, employers needed to start using the latest version of the Form I-9, Employment Eligibility Verification. Employers can visit https://www.uscis.gov/i-9 to get the most updated information on the new I-9. One reason the forms change and get new dates is so that Immigration Services can check dates the forms are filled out against the datesRead More
There are various leaves that members of the military and their families are entitled to under both state and federal law. Maine law differs in a few ways from federal requirements, so it’s important to be up on the distinctions and all the laws at play. Here’s a helpful guide to protecting those who serveRead More
Can they do that? I have an employee who I have spent years showing our techniques and now . . .he’s left and started his own business and is contacting my company’s clients! Can he do that? The answer is: it depends. It depends on what agreements you have had the employee sign. If theyRead More
The Maine Human Rights Act, as well as the federal Americans with Disabilities Act, limit the medical information that an employer may request or seek from employees. As the Maine Human Rights Act puts it: “A covered entity may not require a medical examination and may not make inquiries of an employee as to whetherRead More
written by Rebecca S. Webber and Jordan Payne Hay With the Central Maine Human Resources Association program on June 20 on the Americans with Disabilities Act (“ADA”) in mind, we want to get everyone warmed up and primed on the topic. If you are not already a member of CMHRA, come as our guest – your firstRead More
In our last article, we talked about the barrage of paperwork required for family medical leaves and the relatively quick turnaround times required. What happens when some of that paperwork is not returned or provided? For example, let’s say the employee decides to decline FMLA leave or just doesn’t return any required certification form. ThereRead More
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