Yesterday, President Obama announced that the U.S. Department of Labor (DOL) had enacted a new regulation that will require home care workers to be paid minimum wage and overtime pay. Home care workers are workers who care for elderly and infirm patients in the patients’ own homes. Up until this…
Employers that hire through private temp agencies are not liable for discrimination under the Workers’ Compensation Act, even if they fire an employee the very day after he asserts a work injury. To hold otherwise, says Maine’s Supreme Judicial Court, would require such employers to purchase additional insurance coverage, which…
Today, the Maine Supreme Judicial Court upheld a $547,000 judgment against Express Jet Airlines for its sexual orientation discrimination against a former gay employee, Edward Russell. $500,000 of this judgment was for the emotional distress that Mr. Russell suffered due to Express Jet’s discrimination and the rest was for back…
Many employers in Maine and across the country engage in the practice of misclassifying employees as independent contractors. Misclassification is sometimes called “1099’ing” because of the 1099 tax form independent contractors receive instead of a W-2 form. While misclassification is illegal, it can save employers as much as 30% in…
The National Labor Relations Board (“NLRB”) has issued a rule requiring most private sector employers to hang a poster up in their workplaces which notifies employees of their rights under the National Labor Relations Act (“NLRA”). Most employers will likely hang these posters amongst the other posters they’re already required…
Today, Senator Susan Collins (R-ME) and Senator Joseph Lieberman (I-CT) introduced a bill in the U.S. Senate that would extend employment benefits to the same-sex partners of federal employees. Senator Collins explained the reason for introducing the bill as follows: “The federal government must compete with the private sector when…
In Michaud v. Fraser Paper Limited, the Maine Workers’ Compensation Board ruled that a 66 year-old mill worker with Reactive Airway Disease from workplace chemical exposure was ineligible for workers’ compensation benefits because he accepted an early retirement package that was offered by the mill, despite the fact that his…
In Johnson v. True North Salmon, the Maine Workers’ Compensation Board emphasized the importance of performing a good faith work search when seeking 100% partial incapacity benefits under Section 213. A 50 year-old laborer in a fish processing plant, Johnson suffered a repetitive stress injury to his elbow from “pin…
Glenn Mack, Jr., a muslim man who formerly worked at a Whole Foods grocery store in Philadelphia, is suing the company for religious discrimination. Mr. Mack’s troubles with Whole Foods began when he notified management of his intention to take 18 days off from work so that he could go…
Today, the Maine Human Rights Commission found that Discovery House, a company that operates 14 for-profit methadone clinics around the country, unlawfully retaliated against former employees John Dana and Colleen Taylor for their opposition to sexual harassment in the workplace. Mr. Dana and Ms. Taylor both worked at Discovery House’s…