Maine News & Analysis

  • Employee persuades court not to dismiss age discrimination claims

    Employment lawyers have many tools in their toolboxes that they can use to help businesses navigate employment cases. One of the simplest and least expensive ways to win a case is to convince the judge to dismiss it from the outset based on legal or procedural defects in the employee's allegations.

  • The best defense is a good offense: preparing your office for legal sports betting

    Football season has kicked off, and baseball playoffs and basketball season are just around the corner—make no mistake about it, your employees will be gambling. From interoffice fantasy sports, to seasonal bracket challenges, to weekly pick 'ems, workplace gambling is more commonplace than you might think. And you can expect an increase in workplace gambling after the U.S. Supreme Court recently struck down a federal law that prohibited sports betting, thereby paving the way for states to legalize the practice.

  • New technologies create new employee privacy issues

    Unless you work for a company that's very small or very low-tech by nature, chances are, one of your biggest challenges is keeping up with technology. If your competitors are taking advantage of the many new technological advances that promote efficiency and productivity while you're stuck in 1999, your business will struggle to compete.

  • Tell me lies, tell me sweet little lies

    Everyone fudges the truth on occasion. But lies in the workplace should not be tolerated. A failure to address affirmative falsifications and lies of omission can lead to a culture where secrets, misrepresentations, and self-preservation are regularly placed above the company's best interests.

  • Hiring process is fraught with pitfalls for employers

    Q Most of our positions require a U.S. Department of Defense (DOD) security clearance. To get a DOD security clearance, an employee must be a U.S. citizen. Is it legal for us to require applicants to note on our employment application whether they are U.S. citizens?

  • Agency Action

    NLRB launches ADR pilot program. The National Labor Relations Board (NLRB) announced in July that it is launching a new pilot program to enhance the use of its alternative dispute resolution (ADR) program. The pilot program is intended to increase participation opportunities for parties in the ADR program and help facilitate mutually satisfactory settlements. Under the new program, the NLRB's Office of the Executive Secretary will proactively engage parties with cases pending before the Board to determine whether their cases are appropriate for inclusion in the ADR program. Parties also may contact the Office of the Executive Secretary and request that their case be placed in the ADR program. There are no fees or expenses for using the program.

  • Workplace Trends

    Survey finds more than half of workers open to new job opportunities. Recruitment firms Accounting Principals and Ajilon released results of a new survey in July exploring job search trends among more than 1,000 U.S. full-time workers in sales, office, and management/professional occupations. The survey found that 25.7% of respondents are actively seeking new job opportunities and that 55.5% are passively open to new job opportunities. The survey found that salary is the most important factor respondents consider when deciding to accept a job offer. The survey also found that 43.2% of respondents would be enticed to leave their company if another one offered a better salary or pay. That rate is highest among respondents ages 18 to 25, while respondents age 55 and older are least likely to leave for better pay.

  • New Supreme Court nominee seen as employer-friendly

    Following the retirement of Justice Anthony Kennedy, President Donald Trump nominated Judge Brett Kavanaugh to the U.S. Supreme Court. As senators gear up for a confirmation battle this fall, much of the political focus on Kavanaugh will be on how he might rule on hot-button issues such as abortion or the ongoing investigation into the Trump campaign's ties to Russia. However, employment attorneys are also watching the nomination process closely because Kavanaugh is generally regarded as employer-friendly by most Supreme Court analysts.

  • 'Fair-share' fee ruling brings new day for public employers, employees

    With proponents of a U.S. Supreme Court decision against the collection of "fair-share" fees claiming a victory for First Amendment rights and critics calling the ruling an example of the Court siding with billionaires against workers, employers are adjusting to a major change in the world of agency shops in the public sector.

  • DOL loosens rules for association health plans

    Employers may soon have new options to obtain group health insurance through association health plans (AHPs) under new regulations recently issued by the U.S. Department of Labor (DOL). A brief primer on the mechanics of insurance may be helpful before we dive into the new rules and what they could mean for you.