Author: Rebecca S. Webber

Do you know about recent legislative changes to Maine workplace domestic violence laws?  This law becomes effective this month, along with a new law on access to employees’ social media: LD 921 (HP 640) “An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from EmploymentRead More

The key to avoiding conflicts in this area, and preventing litigation, is discussing the requested accommodation with the employee making the request and trying to sort out possible solutions as well as understanding what the actual conflict is.  Not only are employees less likely to turn to litigation as a solution if they feel heard,Read More

On July 15, 2015, the federal Department of Labor (“DOL”) issued an Administrator’s Interpretation setting forth how the DOL will make the determination whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”).  Courts use the multi-factorial “economic realities” test which focuses on whether the worker is economicallyRead More

When I first read the press on the EEOC v. Abercrombie case, I thought, wow, Abercrombie sounds as if they didn’t know there was a need for a religious accommodation here and they’re being found liable for refusing to accommodate a need they didn’t know existed.  Then I read the facts of the case… SamanthaRead More

This article is part two of guidance on unemployment claims.  It leads up to the Central Maine Human Resources Association meeting on June 16, 2015, from 7:45 a.m. to 9:30 a.m. at the Ramada Inn in Lewiston, which will feature Elizabeth Wyman, Chief Hearings Officer at the Bureau of Unemployment Compensation. Tips for defending aRead More

The federal department of labor has updated a number of its forms, including the Family Medical Leave Act forms.  If you look at the expiration date in the upper right hand corner of the form, it should say “Expires: 5/31/2018.”  Click on the links below to get the forms: Notice to give to employee at beginning lettingRead More

This message will provide a lead up to the Central Maine Human Resources Association meeting on June 16, 2015, from 7:45 a.m. to 9:30 a.m., at the Ramada Inn in Lewiston, which will feature Elizabeth Wyman, Chief Hearings Officer at the Bureau of Unemployment Compensation.  She will provide the Department of Labor’s view of theRead More

Under the Fair Labor Standards Act (FLSA), a volunteer is an individual who provides services, without any expectation of compensation and without any coercion.  For example, a volunteer might be someone donating services for public service, religious, charitable, humanitarian or other non-profit work.  In order to qualify as a volunteer who does not need toRead More

One of the best ways to reduce risk of lawsuits is to apply the “golden rule” at work, with the understanding that there is still a hierarchy regarding decisionmaking.  Most employees calling lawyers have not necessarily been treated illegally but have been treated unfairly, rudely, or insensitively, or have been bullied by a manager whoRead More

One of the more common wage and hour violations seen by the Department of Labor is illegal wage deductions and failure to pay employees when their employment ends.  The law that applies to deductions from checks is 26 M.R.S.A. § 626.  According to the law, An employee leaving employment must be paid in full withinRead More