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Maine Employment Lawyer Blog

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FMLA lawsuits on the rise while employers crackdown on “FMLA abuse”

A new study from Bloomberg shows that workers filed more lawsuits under the Family and Medical Leave Act (FMLA) in 2015 than in previous years. At the same time, employers continue to try to detect “FMLA abuse,” which occurs when employees take FMLA leave they are not entitled to take.…

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NYDOL rules that ex-Uber drivers are eligible for unemployment benefits

We previously reported on the New York Department of Labor’s (NYDOL) delay in ruling on whether some former Uber drivers were eligible for unemployment benefits. To determine eligibility for unemployment benefits, NYDOL had to decide whether Uber drivers are employees or independent contractors. NYDOL finally reached a decision last week…

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Should Maine do more to help homeless people find employment?

Multiple studies have shown that homeless people face pervasive employment discrimination. In 2014, a survey of homeless people found that over 70% of them believed that businesses had discriminated against them based on their housing status. Homeless people face obstacles in getting employment because they are stereotyped as drug abusers…

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EEOC convenes experts to discuss use of “Big Data” to make employment decisions

This week the U.S. Equal Employment Opportunity Commission (EEOC) convened a number of experts to discuss how employers have begun and will increasingly continue to use “Big Data” to make employment decisions. These uses of Big Data include using algorithms, “data scraping” of the internet, and other means to evaluate…

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Panel debunks myth that MHRC is biased against employers

A panel of reviewers representing a variety of stakeholders, including advocates of employers’ and workers’ interests, recently issued a report that debunks the myth that the Maine Human Rights Commission (MHRC) is biased against employers.  This panel conducted its review in accordance with Governor LePage’s executive order that a panel…

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Court holds that jury could reasonably find that Woodlands Senior Living of Brewer illegally retaliated against Maine Employee Rights Group’s client

This week, the Maine Employee Rights Group scored a victory for its client in a whistleblower case that we filed against Woodlands Senior Living of Brewer. The Penobscot County Superior Court held that a jury could reasonably find that Woodlands retaliated against our client, who worked for Woodlands as a…

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Conn. federal court says that jury could reasonably find that hospital violated disabled employee’s rights by failing remove her from hostile environment

Earlier this month, a federal court in Connecticut held that a jury could reasonably find that Lawrence & Memorial Hospital violated the rights of a lab tech when it failed to provide reasonable accommodations for her disability in retaliation for her filing a complaint of sexual harassment. The facts of…

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Mass. federal court says jury could reasonably find that Framingham School Committee retaliated against social worker for speaking out about sexual assault

Yesterday, a federal court in Massachusetts held that a jury could reasonably find that the Framingham School Committee retaliated against a social worker because that social worker spoke out about sexual assaults that occurred at Framingham High School (“FHS”). According to the court, a jury could reasonably determine that the…

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