Blog Posts: Taking Care of HR Business

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Human resource professionals, supervisors, and company executives alike face a constantly changing and evolving legal landscape. Verrill's Taking Care of HR Business blog is here to keep you up to date on the newest and most important legal developments for employers.

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student stemming from sexual assault allegations made against him during the school’s disciplinary proceedings. The Court’s opinion and holdings have...
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The Speak Out Act: Key Points You Need to Know

With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits enforcement of a pre-dispute nondisclosure clause or non-disparagement clause regarding claims of sexual assault or sexual...
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Nondisclosure Provisions in Maine: Are Your Agreements Compliant?

In late 2022, a new Maine law took effect restricting the use and reach of nondisclosure provisions in Maine employment agreements. The new law, Nondisclosure Agreements in Employment , 26 M.R.S. § 599-C, is one of the most recent of similar state laws to be enacted that restrict an...
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December Annual Update: End of Year Tips for Employers: Compliance & Beyond

To conclude our monthly webinar series, three Verrill attorneys provide end of the year tips for employers regarding complex labor and employment matters. With busy schedules this holiday season, this month's webinar has been pre-recorded so you can watch whenever is best for you. Part One: Five Tips to...
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Attention Portland Employers: Updates on Mask Mandate, Hazard Pay

On Monday, Portland City Councilors took two significant actions that affect employers in Portland, Maine. First, the Council repealed an emergency order from March 2020, eliminating the hazard pay provision set forth in the city’s minimum wage ordinance. Second, the Council enacted a city-wide indoor mask mandate affecting most...
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Myth Buster: Employers, Vaccine Information, and HIPAA

With the nation’s ongoing focus on COVID-19 vaccinations, you may be hearing information—and misinformation—about your obligations under HIPAA, the federal Health Information Portability and Accountability Act. In this segment of Myth Busters , we address some common misconceptions about HIPAA and its applicability to employers and employee health information...
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Federal Vaccine Mandates – What We Know and What We Don’t

On September 9, President Biden announced plans to require that federal workers, federal contractors, and employees of employers with 100 or more employees are vaccinated or tested weekly for COVID-19. The Occupational Safety and Health Administration and the Safer Federal Workforce Task Force have been tasked with drafting regulations...
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This Week's Show: What is Covering?

On Saturday, May 15, Tawny interviewed Elizabeth Johnston, Associate in Verrill's Employment & Labor Group, for this segment of HR Power Hour. For this episode, Liz and Tawny discuss what it means to cover in the workplace, as well as HR best practices for diversity and inclusion. A regular...
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This Week's Show: Employment Law and Elections

On Saturday, October 31, Tawny interviewed Liz Johnston, Associate in Verrill's Employment & Labor Group, for this segment of HR Power Hour. For this episode, Liz and Tawny discuss employment law and how it applies to the upcoming election. A regular contributor to Verrill’s Taking Care of HR Business...
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Getting Ready for Election Day: Employee Voting

Election Day is right around the corner. While many employees may choose to vote by mail, chances are you may have employees requesting time away from the workplace (or a remote work set-up) to vote in person. Now is a better time than ever to brush up on employers&rsquo...
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This Week's Show: Don't Forget General Obligations When Focusing On COVID-19

On Saturday, May 9, Tawny interviewed Elizabeth Johnston, Associate in Verrill's Employment & Labor Group, for this segment of HR Power Hour. For this episode, Liz and Tawny discuss the importance of not forgetting employers' general obligations in the midst of COVID-19. A regular contributor to Verrill’s Taking Care...
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Hiring During the COVID-19 Pandemic: What You Can Do

Despite the ongoing COVID-19 outbreak, business—and hiring—must go on. As the EEOC continues to update its guidance regarding employment practices during the pandemic, here are common questions regarding how to implement legally-sound hiring practices while protecting your workplace. Q: May I screen job applicants for COVID-19, and if so...
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BREAKING: Massachusetts and Connecticut Order Closure of Non-Essential Businesses

Massachusetts has joined an increasing number of states ordering the closure of non-essential businesses in the midst of the coronavirus outbreak. On March 23, 2020, Governor Charles Baker signed COVID-19 Order No. 13 , which requires all businesses and organizations that do not provide “COVID-19 Essential Services” to temporarily...
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To Test or Not to Test: Employer Considerations Amid COVID-19 Pandemic

Q: I am concerned about employees coming to work with a fever—can I test employees’ temperatures before allowing them to work to avoid spreading the coronavirus? Verrill’s View: Maybe—but there are many factors to consider. Generally, taking an employee’s temperature would be a restricted medical examination, but employers may...
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2019 Wrap Up: New Tech, New Issues

Over the past several years, technology has infiltrated more and more aspects of life—including the employment context. With new consumer and business products and platforms being introduced to the workplace on a daily basis, there are ever-growing opportunities to use tech to improve worker safety, optimize efficiency in the...
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Verrill’s Employment and Labor Wrap Up

As the year and decade come to a close, it is hard not to reflect on how the labor and employment landscape has changed in recent years. Economic forces, political shifts, and new technology are just some of the factors that have been at play in shaping policy and...
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Identifying and Handling a Hostile Work Environment

Employee claims of “hostile work environments” continue to make news both in Maine and on a national level, putting potentially embarrassing and damaging workplace and employee interpersonal issues into the public eye. But when do workplace issues rise to a level where a lawsuit might ensue? What steps can...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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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Firm Highlights

Publication/Podcast

Whole Foods Win Shows Workplace Rules Can Shield Cos.

Verrill attorney Liz Johnston was recently published in Law360 for her article “Whole Foods Win Shows Workplace Rules Can Shield Cos.” In the article, Johnston discusses the recent decision in Kinzer v. Whole Foods...

Blog

HR Power Hour with Elizabeth Johnston

Blog

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student stemming from sexual assault...

Publication/Podcast

NLRB's Ruling On BLM Buttons Holds Employer Lessons

Verrill attorney Elizabeth Johnston recently authored an article for Law360 entitled, NLRB’s Ruling on BLM Buttons Holds Employer Lessons . In it she discusses a recent ruling from a National Labor Relations Board judge...

Publication/Podcast

How to avoid employee wage and hour pitfalls during tourist season

Verrill attorney Elizabeth Johnston recently authored an article for MaineBiz entitled, How to avoid employee wage and hour pitfalls during tourist season . In the article she discusses five ways to help businesses stay...

Blog

DEI Efforts in the Wake of the Supreme Court’s College Admissions Decision

Last week the United States Supreme Court issued a 6-3 decision ending a four-decade precedent which had allowed universities and colleges to consider the race of applicants during the admissions process. What, if anything...

Publication/Podcast

December Annual Update: End of Year Tips for Employers: Compliance & Beyond

Blog

Time to Update Your Handbooks

Employers – a recent decision by an administrative agency you have likely never heard of will likely require you to revise your employment policies and handbooks. Some background: the National Labor Relations Act is...

Event

Conducting Workplace Investigations

Join Verrill’s Erik Peters and Elizabeth Johnston on Wednesday, October 18, for Conducting Workplace Investigations. When and why should you open an investigation? Who is the best person to conduct it? Should you handle...

News

82 Verrill Attorneys Recognized by Best Lawyers® 2024, Including 10 Named Lawyers of the Year

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