Articles

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 [...]

A.  State Statutes Because Maine is an employment-at-will state, people sometimes forget that some protections are available for workers in the public sector that private sector employees don’t have.  Title 30-A M.R.S.A. § 2601 states that, except as otherwise provided by law, charter, or ordinance, the municipal officers shall appoint “all municipal officials and employees [...]

Whether to generate additional income, be one’s own boss, create flexible hours around child care, or fulfill a dream of one’s own, many folks, especially in Maine, start their own business.  As they set up these small businesses, many people fail to take advantage of available options which are open to them and which may [...]

The Maine Human Rights Act, as well as the federal Americans with Disabilities Act, limit the medical information that an employer may request or seek from employees.  As the Maine Human Rights Act puts it: “A covered entity may not require a medical examination and may not make inquiries of an employee as to whether [...]

Pursuant to the Maine Human Rights Act, unlawful discrimination includes “[n]ot making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business [...]

The past year or so has brought a number of changes to Maine’s landlord/tenant laws, including a round of amendments that became effective September 28, 2011.   The notable changes affecting residential rental properties are summarized below. Termination of Leases Without Termination or Notice Language Leases without specific termination or notice language may now be terminated [...]

OSHA has been campaigning for more action on the issue of distracted driving and is urging employers to enact policies that address the issue.  As a business owner or manager, OSHA considers it to be your legal responsibility under the Occupational Safety and Health Act to safeguard drivers at work.  That perspective applies not just to full-time drivers but also [...]

Approximately four years ago, the State Legislature adopted a new law entitled The Informed Growth Act.  The law imposed on local municipalities the obligation to make a stringent analysis of the economic effects which any development involving more than 75,000 square feet of floor space would have on the local economy.  The legislation was obviously [...]

There is a federal law called the Genetic Information Nondiscrimination Act (“GINA”) that affects the implementation of many other federal and state laws in the employment context.  It applies to entities with 15 or more employees.  There is also a state law, covering the use of genetic information for employment purposes, that covers all entities [...]

Professional Ethics is a term that is not exclusive to attorneys.  Health providers are also subject to codes of ethics, and are also more particularly influenced by laws and regulations.  Both legal and health services providers share similar ethical duties regarding informed consent, privacy and confidentiality, and effective communication. The basis of the lawyer-client or [...]