Category: Labor Laws
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, does this mean for private employer DEI efforts? First, the question before the Supreme Court...
BREAKING: The Supreme Court Blocks OSHA COVID Vaccine/Testing Rule (NFIB v. OSHA) and Allows the Healthcare (Medicare/Medicaid) Vaccine Rule (Biden v. Missouri) to Take Effect
In NFIB v. OSHA , the Court focused its decision on OSHA’s emergency temporary standards which require the Secretary to show (1) “that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (2) that...
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 First, the Council repealed an emergency order from March 2020, eliminating the hazard pay provision set forth in the city’s minimum wage ordinance.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...
2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022
In 2021, due to the ongoing pandemic, the Employment & Labor Group hosted their monthly Annual Update seminars virtually this year. For the final presentation of the series, five Verrill attorneys provide us with short video segments, detailing some of the top trends of 2021 and ways companies and...
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...
Myth Buster: Employees Do Not Have to Be Affiliated With An Organized Religion to Be Entitled To A Religious Accommodation
This is the third in a series of posts from Verrill with the purpose of helping to dispel myths that are currently circulating concerning employment laws and rules related to COVID-19 and vaccine mandates. A myth we have been hearing from clients and friends is that in order for...
Myth Buster: If Your Company Receives Federal Funds the Federal Contractor Vaccine Mandated Obligations Does Not Automatically Apply
This is the second in a series of posts from Verrill with the purpose of helping to dispel myths that are currently circulating concerning employment laws and rules related to COVID-19. On September 24, the Safer Federal Workforce Task Force issued draft Guidance for Federal Contractors entitled COVID-19 Workplace...
Myth Buster: There is Not a General Testing Alternative for Federal Contractor Vaccine Mandate
This is the first in a series of posts from Verrill with the purpose of helping to dispel myths that are currently circulating concerning employment laws and rules related to COVID-19. On September 24, the Safer Federal Workforce Task Force issued draft Guidance for Federal Contractors entitled COVID-19 Workplace...
Employers Check Your Handbooks: New NLRB General Counsel Sets Course
On August 12, 2021 National Labor Relations Board (NLRB) General Counsel Abruzzo published her first memo setting forth the NLRB’s priorities. The memo identifies recent cases where the Board overruled past legal precedent in addition to noting several areas as requiring careful examination. One of the doctrinal shifts the...
The COVID Vaccine: HR Policy Development Playbook
In March 2021, we worked with MP HR & Payroll Solutions who created an eBook as a resource for employers, "The COVID Vaccine: HR Policy Development Playbook," that assists employers on what to do about the COVID-19 vaccine and employees begin to return to work. The guide covers vaccination...
NLRB General Counsel Says “Rat’s It”: Scabby the Rat Here to Stay
Who is Scabby? Scabby is an inflatable rat, sometimes installed by unions at protests and on picket lines. Scabby has been around since the late 1980s and is a well-known symbol to passersby of an ongoing labor dispute. At the beginning of February, the General Counsel of the National...
DOT Service Animal Final Rule: No More Service Snakes on Planes
Those dreaming of taking to the skies next year with scaled, feathered, or furry friends may want to take a look at the recent DOT Service Animal Final Rule before making travel plans. In an employment setting, there is no federal law that specifically restricts the type of service...
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...
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...
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...
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...
Changing Policies and Practices? Don’t Just Question if it’s Legal, Question the PR Consequences
Over the past few days, while many were preparing turkeys or throwing out lettuce, the Boston Globe posted Trouble is brewing at craft beer darling Trillium. The article is accessible here , and another article by Paste on the same subject is here , but the long and the...
Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church
In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot "volunteer" to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain valuable experience has long since passed with the necessity that the individual...
Full-Day Conference to Address Labor & Employment Changes from the New Administration
The first year of the Trump administration has brought significant changes – many of which directly affect employers. On Thursday, January 25, Verrill Dana will host a full-day Annual Employment Law Update at The Westin Harborview Hotel to explore these changes and how to address them. "Employers need practical...
Full-Day Conference to Address Labor & Employment Changes from the New Administration
The first year of the Trump administration has brought significant changes – many of which directly affect employers. On Thursday, January 25, Verrill Dana will host a full-day Annual Employment Law Update at The Westin Harborview Hotel to explore these changes and how to address them. "Employers need practical...
FLSA Exempt Salary Adjustment Update
On Thursday, Judge Amos Mazzant of the Eastern District of Texas issued an order concluding that the Department of Labor's amendments to the FLSA—increasing the minimum salary threshold from $23,660 annually to $47,476.00 in order to qualify as exempt—were invalid. Specifically, the Memorandum Opinion and Order found the plaintiffs...
Maine Department of Labor Directly Clarifies Its Position on Drug Testing & Marijuana
Based off of information received in a Portland Press Herald article, we previously noted that the Maine Department of Labor Director of Policy, Operations and Communications, Julie Rabinowitz, reported to the legislature's Marijuana Legalization Implementation Committee that businesses with Maine-state drug testing policies should not test job applicants and...
