Tip: Administrative Assistants Only Rarely Are Exempt From Overtime Pay
Office workers who perform secretarial, receptionist and other administrative tasks are often incorrectly classified as exempt from overtime pay because they receive a salary and have job titles such as "executive assistant." These employees; however, will not necessarily be found exempt from the requirement to pay overtime merely because...
Overtime Update to Have Wide Reaching Effect on Employers
Today, September, 24, 2019, the U.S. Department of Labor announced a final rule to increase the salary threshold necessary to remain an exempt employee. The change is estimated to affect 1.3 million American workers under the Fair Labor Standards Act (FLSA). Below is a synopsis of the facts embodying...
EEOC Announces EEO-1 Component 2 Pay Data Collection WON'T Be Renewed
Yesterday, September 11, 2019, the EEOC announced that it will not seek to renew collection of EEO-1 Component 2 Data for 2019, 2020, and 2021. This does not impact employer's current EEO-1 obligations to file Component 2 Data due on September 30, 2019. In the publication the EEOC admitted...
The Sharpie and Employment Litigation Documentation
The last week has been filled with news broadcasts, jokes, and general discussion of the use of a Sharpie to extend the path of movement of Hurricane Dorian in a map presented during a news broadcast given by President Donald Trump. What, you may ask, does this have to...
Compromise Reached in Maine Workers’ Compensation Reform
Governor Mills has signed into law amendments to the existing Workers' Compensation Act that are the product of a bipartisan effort to avoid a series of proposed legislation that would have had the very real risk of dragging Maine back to pre-1992 status. With the election of a Democratic...
Maine’s New Paid Leave Law: Employer Confusion
On May 28, 2019, Governor Mills signed into law the nation's first ever paid leave law requiring leave for any reason. The statute itself is uniquely brief, giving the impression that it is straightforward, but there are a host of important issues that the statute does not address. Below...
Summer Break - Massachusetts Employers Get Extension on Paid Family and Medical Leave Implementation
Those closely following the timeline for implementation of Massachusetts's new Paid Family and Medical Leave, are aware that on July 1, 2019, employers were required to begin to make payroll deductions for the paid leave. Did you see the "were," in that last sentence. That is not a typo...
What Maine Employers Need To Know About Changes In Personnel Practices Following This Legislative Session
On June 26, 8:00-9:30 AM, we are hosting 'What Maine Employers Need To Know About Changes In Personnel Practices Following This Legislative Session' in our Portland office. During this in-person seminar, Verrill Dana and MassPay are partnering to deliver a discussion about the latest laws and regulations that were...
Our Most Recent Episodes in Our HR Law 101 Podcast Miniseries: Understanding the HR Basics
Whether you're the founder of a startup, new to HR, or are looking for a refresher on some of the basics, this podcast miniseries will provide you with the building blocks necessary to successfully achieve a healthy and compliant employer/employee relationship. In each episode, Verrill Dana labor and employment...
Maine Employers Must Cease Seeking Compensation History
On April 12, 2019, Governor Mills signed into law LD 278 , "An Act Regarding Pay Equality." Under the new laws (5 M.R.S.A. § 4577; 26 M.R.S.A. § 628-A) employers may not "use or inquire about the compensation history of a prospective employee from the prospective employee or a...
Is Your Website Accessible to Disabled Online Job Seeker?
On March 22, 2019, a federal judge permitted an Ohio man's class action lawsuit to proceed against Ford Motor Company. The lawsuit alleges the company discriminated against disabled job applicants because its online job application wasn't fully accessible. In the past, experts have advised on the importance of having...
DOL’s Proposed Rule Making on Regular Rate of Pay
The U.S. Department of Labor's Wage and Hour Division recently announced a proposed rule updating regulations governing what items are included in an employee's regular rate of pay. This constitutes the first update to the definition of the regular rate of pay in over fifty years. Under the Fair...
I’m Sick - I Need Leave - But I Don’t Want To Use FMLA Leave
How many times have you heard, as a Human Resources professional, an employee make the statement: "I need leave, but I don't want to use my FMLA leave"? In many cases, our initial response is to educate the employee and help them understand that Family Medical Leave Act (FMLA...
Breaking: DOL Unveils Proposed Changes to FLSA Overtime Pay Requirements
Yesterday, March 7, 2019, the United States Department of Labor (DOL) unveiled a proposal to change the Fair Labor Standards Act (FLSA) as it applies to non-exempt employees eligible for overtime. The proposed change increases the required weekly salary to maintain an exempt position from the current $455 per...
Update on the 2019 Annual Employment Law Update
Last month, on January 31, Verrill Dana hosted its 2019 Annual Employment Law Update at the Westin Portland Harborview Hotel. The full-day conference provided employers and HR professionals with updates on recent legal developments in labor and employment law. Special guest speakers from Live + Work in Maine, Bath...
Update on the 2019 Annual Employment Law Update
Last month, on January 31, Verrill Dana hosted its 2019 Annual Employment Law Update at the Westin Portland Harborview Hotel. The full-day conference provided employers and HR professionals with updates on recent legal developments in labor and employment law. Special guest speakers from Live + Work in Maine, Bath...
Times are Changing: Verrill Dana Hosts Full-Day Conference, 2019 Annual Employment Law Update
After a year full of changes for employers paired with a new governor in Maine, Verrill Dana will reflect on recent legal developments in labor and employment law and what the new year might bring during its 2019 Annual Employment Law Update. The full-day conference will take place on...
New Episodes in our HR Law 101 Podcast Miniseries: Understanding the HR Basics
Whether you're the founder of a startup, new to HR, or are looking for a refresher on some of the basics, this podcast miniseries will provide you with the building blocks necessary to successfully achieve a healthy and compliant employer/employee relationship. In each episode, Verrill Dana labor and employment...
12 Days of HR: Flashback Friday—“I Want a Hippopotamus for Christmas” and Employee Requests for Service Animal Accommodations
Because of how often we hear from clients regarding requests for "emotional support" animals to accompany employees to work, we figured a refresher on how to handle these types of situations would be appreciated. While we do not expect many employees to request to bring a "service hippo" to...
On The Twelfth Day of HR, Verrill Dana Gave to Me…
…a stocking full of tip summaries! After a very musical few weeks, we've arrived at the final installment of our 12 Days of HR series. We hope that you've enjoyed singing along with us on our holiday-themed journey through various employment law issues—and learned a few things along the...
12 Days of HR: All I Want For Christmas Is . . . A Side Hustle?
In recent years, "side hustles" have become an increasingly common phenomenon among employees in all industries to supplement income from a "traditional" job. A key attribute of side hustles is that they are self-managed, and there are seemingly endless opportunities—from tutoring to digital design services to creating online video...
12 Days of HR: Should Old Acquaintance Be Forgot, Preparing for 2019 Should Not
We're halfway through December, which means that the New Year is right around the corner. January 1st always seems to inspire a host of new goals and aspirations for the year ahead, and if you are in human resources, we have some resolutions to consider as 2019 gets ready...
12 Days of HR: I’ll Be Home for Christmas—Because of Leave Under the FMLA
Employees often take time off around the holidays. In many cases, an employee's days off might be pursuant to a planned vacation or time with loved ones. However, an employee might request leave for a situation that would entitle them to leave pursuant to the federal Family and Medical...
12 Days of HR: Stay in Compliance with OSHA When Your Employees Are Working in a Winter Wonderland
The Occupational Safety and Health Act of 1970 was passed to prevent workers from being seriously harmed at work. Although OSHA compliance should be on your mind all year, the winter season brings with it additional regulations that might affect your workplace. For example, if your workplace installs special...
12 Days of HR: A Lesson on Implicit Bias Inspired by Rudolph the Red-Nosed Reindeer
The story of Rudolph the Red-Nosed Reindeer has been a long-time holiday staple, both in film and in song. The gist of the story is that Rudolph was born with a glowing red nose, and because of it, he was made fun of and forbidden from participating in the...
12 Days of HR: Oh Come All Ye Faithful—Maintaining an Inclusive Workplace Around the Holidays
There's so much to celebrate at the end of the year, and while it often feels like Christmas steals the spotlight, it's likely that some of your employees also observe Hanukkah, Kwanzaa, and other celebrations throughout the season. In light of this diversity, employers should strive to foster an...
12 Days of HR: Santa Claus is Comin’ to Town and Here’s What You Better Watch Out For When It Comes to Holiday Bonuses
He's making a list and checking it twice—you know the drill: Santa's game is that he rewards good behavior during the year with gifts under the tree. And when it comes to employees, the most requested item on their list continues to be holiday bonuses. Maybe your company is...
12 Days of HR: Dashing Through the Snow in a One-Horse Open Sleigh Could Result in a Work-Related Injury
As every New Englander knows, during this time of year the roads get frosty and even short trips become trickier. Even the most responsible employer cannot fully protect his employees from slip and falls in the parking lot following a snowstorm, or fender-benders while traveling for work. As a...
12 Days of HR: Does Your Company have a “Baby It's Cold Outside” Attitude and What To Do To Change That?
In recent years, the familiar seasonal duet "Baby It's Cold Outside" has come under fire as attitudes toward appropriate interactions between men and women have changed. Originally intended as a song of "flirty" banter, it reads more "creepy", with lines like "I ought to say no, no, no sir...
It’s the Most Wonderful Time of the Year…
That's right—with the kids jinglebelling and everyone telling you to be of good cheer, we can safely say that the holiday season is here. In years past, Verrill Dana's Labor & Employment Practice Group has celebrated by sharing festive labor and employment lessons based on the "Twelve Days of...
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