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OSHA Has Issued a New Guidance Addressing Reporting of COVID-19 Cases

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On October 1, 2020, OSHA issued new guidance that addresses the circumstances under which cases of COVID-related hospital admission or a fatality must be reported to the OSHA. The new guidance for cases resulting in a hospital admission uses the following language: Under 29 CFR 1904.39(b)(6), employers are only required to report in-patient hospitalizations to…

New Guidance from the DOL on Cessation of Employment and Vacation Pay in Maine

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The Maine DOL has issued an interpretive guidance on the new legislation addressing vacation entitlement upon cessation of employment.  These are the relevant points: As stated in the law, it only applies to private employers with at least 11 employees. The guidance clarifies that those employees are employees “who work” in Maine.  It gives the…

Recent DOL Opinion Letters Provide Guidance on Wage and Hour Issues

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The Wage and Hour Division of the U.S. Department of Labor (the “WHD”) issued three new opinion letters under the Fair Labor Standards Act (the “FLSA”), Op. Letters FLSA2019-7, -8, and -9, each dated July 1, 2019.  Each Opinion Letter is heavily dependent on the very specific facts presented for consideration in it, and two…

Domestic Violence and the Workplace: What Maine Employers Need to Know

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According to statistics compiled by the Maine Coalition to End Domestic Violence, there were 5,593 arrests for domestic violence crimes in 2012, representing almost half of all assaults reported to Maine law enforcement that year. Many more incidents likely went unreported. In 2013, 11 of the 24 homicides in Maine were related to domestic violence….

The US Supreme Court Confirms the Highly Compensated Employee Exemption Test Requires Payment of Salary

The US Supreme Court Confirms the Highly Compensated Employee Exemption Test Requires Payment of Salary

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A decision issued by the United States Supreme Court on February 22, 2023, reminds employers that in order for the highly compensated employee exemption to the overtime requirement to apply, the employee must be paid a salary. A highly compensated employee under the FLSA is defined as an employee who earns a total annual compensation…

Update on Maine Employment Legislation

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Recently, Governor Mills signed into law LD 598, An Act to Prohibit Discrimination in Employment and School Based on Hair Texture or Hairstyle.  The bill amends the public accommodation definition section of the Maine Human Rights Act to add “protective hairstyle”, defined as including braids, twists and locks.   The Act further amends the definition section…