News
MAINE REST BREAK LAW
This article discusses the Maine rest break law for employees.
MEDIATION CLAUSES IN CONSTRUCTION CONTRACTS
This article discusses mediation clauses in construction contracts – a Maine construction contracts article.
NEW OVERTIME EXEMPTION SALARY THRESHOLD
This article discusses employee overtime exemption rule change and salary requirements under the Fair Labor Standards Act
LAWYER TRUST ACCOUNTS
This article discusses the new reporting requirements for banks handling lawyer trust accounts for attorneys and law firms. The banks must report overdrafts to the Maine Board of Overseers of the Bar and are required to enter into an agreement to do so.
MILITARY EMPLOYMENT LAWS
EMPLOYMENT LAWS SPECIFIC TO MILITARY EMPLOYEES Federal Laws Protecting Military Employees Federal law protects military employees through the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq. The intent of USERRA is to ensure...
EVICTIONS IN CAMPGROUNDS
STATUTORY GUIDANCE When ejecting a camper from a campground premises, the campground owner does not always need to comply with the rigid, time-consuming, and costly eviction (forcible entry and detainer) process set forth in Maine’s landlord/tenant laws. For instance,...
IS A FOOD ALLERGY (SUCH AS GLUTEN-INTOLERANCE) A DISABILITY?
FEDERAL GOVERNMENT SETTLES GLUTEN-INTOLERANT STUDENTS' CLAIMS AGAINST UNIVERSITY FOR DISABILITY DISCRIMINATION Under the Americans with Disabilities Act (“ADA”), it is illegal discrimination for a place of public accommodation (including a university) to fail to make...
MUNICIPAL LAW UPDATE: TAX ACQUIRED PROPERTY
Increasing the Value of Tax-Acquired Property It is not surprising that when municipalities acquire title to real estate as a result of the expiration of a tax lien, the property is usually returned to the delinquent taxpayer by filing a tax lien discharge or...
UNENFORCEABLE ADVISORY OPINIONS BY MUNICIPAL BOARDS OF APPEAL
Are Advisory Opinions by Municipal Boards of Appeal Enforceable? In two opinions issued in 2010,[1] the Maine Supreme Court ruled that decisions of local boards of appeal in proceedings to enforce local ordinances were unenforceable because they were only "advisory...