Author: Rebecca S. Webber

There has been lot of discussion recently about designation of FMLA and what happens if an employee declines FMLA and asks for some other leave first, saving the FMLA for later.  As an employer, setting up a scenario where an employee is out for leave after leave is not a good one for running aRead More

As of January 1, 2015, all employers, not just certain employers, will be subject to new reporting requirements.  As of that same date, there are also changes in recording certain accidents and illnesses by certain industries.  One source of assistance in this set of changes is our own Maine Department of Labor (“DOL”). While thereRead More

At a recent Maine Human Rights Commission hearing, one of the commissioners pointedly asked one of the parties, “if this was so critical, as you’re saying, why isn’t it written down somewhere?”  The employer’s HR Director had no answer.  The employer lost the case, in part because it had failed to engage in the interactiveRead More

The Office of Federal Contract Compliance Programs (“OFCCP”) has issued new regulations that go into effect on March 24, 2014.  Those regulations affect federal contractors and subcontractors, which the OFCCP defines broadly.  If your company has an affirmative action plan (“AAP”) required by OFCCP, these regulations will affect your company and must be implemented beforeRead More

An employee is injured at work – everyone thinks, oh, ok, that’s a worker’s comp problem and off the employee goes to the ten-day provider for an evaluation.  But is that all that applies in terms of employment laws?  The answer is no.  Because so many issues arise in situations like this, it helps toRead More

ADD CELL PHONE, TEXT, AND EMAIL POLICIES IF THEY DON’T ALREADY EXIST IN YOUR COMPANY’S PERSONNEL POLICIES. OSHA has made a push to encourage company texting policy under its distracted driver campaign, which makes it a good time to look over your own company’s policies to see if they follow best practices in this area. Read More

Break time is always a source of discussion as well as headaches in terms of monitoring and tracking it.  While federal law does not require any breaks, Maine law does for any shifts over 6 hours in length where there are three or more employees working at one time.  Many employers provide a couple 15Read More

The Uniformed Services Employment and Reemployment Rights Act (USERRA), found in the federal laws at 38 U.S.C. §§ 4301 to 4335, provides reemployment rights to returning members of the uniformed services. This law applies broadly: “employer” is defined as any person, institution, organization, or other entity that pays a salary or wages for work performedRead More

Do you have a policy that prohibits “inappropriate discussions”?  that prohibits “disparaging remarks”?  that prohibits posting the company’s logo on line?  that states that employees cannot discuss information about other employees on line?  If so, you may have a policy that violates the National Labor Relations Act…  These issues are gaining more public attention asRead More

As of January 1, 2013, a new law went into effect that combines the test for independent contractor versus employee for workers compensation, unemployment coverage, and wage and hour.  There are still a number of employers who are not aware of this law change or even the rules around independent contractors generally.  It is easyRead More