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Maine Employment Lawyer Blog

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Uber settles class action regarding classification of its drivers as independent contractors

Last week, a settlement was announced in the class action lawsuit against Uber covering its drivers in California and Massachusetts.  The lawsuit centered around the issue of whether the law required Uber to classify its drivers as employees instead of independent contractors.  Uber and the law firm representing the drivers…

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Parental leave is not just a workers rights issue – it can be an issue of life or death

We wanted to share a powerful editorial from USA Today that drives home how important it is for Maine and the rest of the country to adopt policies that permit workers to take paid parental leave to care for newborn children.  Given how painful their experiences undoubtedly were, we applaud…

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Amusement park faces criticism for failing to hire worker with special needs

Dorney Park, an amusement park in Pennsylvania, recently faced strong criticism for failing to hire a disabled worker with special needs because interviewers found that he did not “fit in.”  The disabled worker, Chris Emery, had reportedly worked for Dorney Park the past 12 seasons but this year Dorney Park…

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Effort to rollback LGBT rights in Maine is misguided

There is currently an effort underway to gather support for a ballot initiative that would remove protections for LGBT people from the Maine Human Rights Act (MHRA).  Michael Heath, the former head of the Maine Christian Civic League and who has reportedly compared homosexuality to sorcery, is leading the effort…

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While Mainers consider minimum wage increase Calif. passes increase to $15/hr

This fall, Mainers will get to vote on whether to increase the state’s minimum wage which currently stands at $7.50/hour.  Depending on how Mainers vote, the minimum wage could increase over a period of time to $12/hour in 2020.  In cities and states around the nation, similar minimum wage increases…

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Could banning credit history checks hurt minority job applicants?

A recent research study has cast doubt on the theory that the unemployment rates of minorities will decrease if employers cannot screen applicants by credit history.  There has been discussion among lawmakers around the country about legislation that would prohibit employers from considering credit history when they hire employees.  Some…

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New app designed to combat unconscious bias sounds helpful but is no silver bullet

A new internet company named Blendoor has developed an app that will hide the names and photos of job seekers from employers in order to lessen the effect of unconscious bias on hiring decisions.  It is well established that everyone harbors biases against certain groups of people and those biases…

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MDOL’s drug testing report shows interesting results on marijuana use

The Maine Department of Labor (MDOL) recently issued a report on the results of employers’ drug testing programs in Maine during 2015.  Under Maine law, unless federal law requires an employer to drug test, employers who want to test applicants or employees for drugs must submit their drug testing plan…

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MA Supreme Judicial Court clarifies how to prove that an employer had a discriminatory motive

Today the Massachusetts Supreme Judicial Court issued a ruling which clarified how Massachusetts courts should determine whether a jury could reasonably determine that an employer acted with a discriminatory motive.  The court held that a jury could reasonably determine that an employer acted with a discriminatory motive if the employee…

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Amherst, MA settles disability discrimination claim filed by woman with MS

The Town of Amherst, Massachusetts, reportedly settled a disability discrimination claim brought by a former employee with multiple sclerosis (MS).  The former employee, Ellen Bokina, worked for Amherst as a sanitarian and environmental health coordinator until Amherst fired her in August 2009.  Amherst fired her a year after she filed…

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