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...
It’s Beginning to Look a Lot Like Christmas: When You Need Seasonal Hires to Stock the Toys in Every Store and More
It's no secret that the holiday seasons spark an influx of shoppers hunting for good deals and great gifts for loved ones. Although the prevalence of online shopping has exploded in the past few years, brick-and mortar-stores likewise see an influx of activity. I have to admit, I'm a...
Diversity Initiatives Versus Affirmative Action
We talk a lot about the importance of diversity in the workforce: Having a diverse group of employees. The ability to choose from a diverse group of applicants. Making a job attractive to diverse candidates. While some employers may be required under federal law to track and maintain a...
When the Witch in the Office Asks for the Solstice Off, Don’t Laugh, She’s Not Joking
Recent studies reveal that 0.4 percent of Americans (which is between 1 and 1.5 million) identify as Wicca or Pagan, which is more than the people who identify as Presbyterian. What does this mean to you? Well next month, if Sally in the office says that she cannot work...
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...
FMLA, Disability, & Sick Leave Management: A Panel Discussion
Join the Maine Employee Benefits Council (MEBC) on Wednesday, October 17 for a panel discussion on the Family Medical Leave Act (FMLA), disability, and sick leave management. Panelists will discuss federal and state specific paid leave laws, examine the requirements for Maine employers who have employees in the particular...
After the "Epic" Decision, Webinar Explores Pros & Cons of Arbitration Agreements in Employment Contracts
Can mandatory arbitration clauses save your company time and money? Will they decrease the number of bogus claims, as well as result in better outcomes for those with genuine claims? Following the recent Epic Systems Corp. v. Lewis Supreme Court decision holding that employers can enforce class action waivers...
PODCAST UPDATE: Maine Supreme Court Rules in Medical Marijuana Workers’ Compensation Case
This time last year, Verrill Dana Labor & Employment Attorney Elizabeth Connellan Smith discussed the anticipated decision in the Bourgoin v. Twin Rivers Paper Company, LLC case and appeal in an episode of Verrill Voices entitled, Medical Marijuana: Is it reasonable and necessary? . Among the first cases to...
NLRB Rules Company’s Moonlighting Ban is Unlawful
An NLRB administrative law judge has ruled that it is illegal for companies to ban employees from moonlighting without permission. In the case Nicholson Terminal & Dock Co. and Steve Lavender, NLRB Administrative Law Judge Elizabeth M. Tafe ruled that the company was unlawfully maintaining a handbook rule prohibiting...
A Podcast Miniseries, HR Law 101: 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...
Understanding Your Sexual Harassment Training Duties
Multiple states (and some cities) have sexual harassment requirements for certain employers. Currently California , Connecticut , and Maine have training requirements in place and New York's training requirement will take effect later this year. Even if your state does not, however, require training, best practices would be to...
Dear Byron: Emojis at Work
[Letter to Byron D. Verrill, who in 1862 began the law practice known today as Verrill Dana, LLP] Dear Byron D. Verrill The other day an employee asked me what our policy is on emoji use in the office. We don't have a policy. Should we have a policy...
Dear Byron: Let's Talk About Prior Salary
[Letter to Byron D. Verrill, who in 1862 began the law practice known today as Verrill Dana, LLP] Dear Byron D. Verrill: When I'm interviewing applicants for a new position is it okay for me to ask about prior or current salary at other employers? Thanks, Hugh Gotthis Dear...
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...
NCCI Maine Advisory Forum 2018
On Thursday, March 22, 2018, Attorney Beth Smith attended the morning session of the National Council of Compensation Insurance (NCCI) State Advisory Forum for Maine, held in Portland, Maine. Justin Moulton and Jim Davis hosted on behalf of NCCI, and there were roughly thirty attendees. The session opened with...
Does Massachusetts’s Pay Equity Law Change the Game?
On July 1, 2018, Massachusetts Pay Equity law takes effect requiring all employers to pay men and women equally for comparable work—a phrase that is different from many similar statutes that have gone into effect over the course of the last few years. What are the key points that...
Time is Running Out – New Disability Claims Procedures Take Effect April 2, 2018
It has been a long time coming, but the Department of Labor's final rule regarding disability benefit claims procedures (the "Final Rule") will finally take effect on April 2, 2018. Employers need to determine which of their ERISA plans will be subject to the Final Rule and implement the...
Massachusetts Equal Pay Act: 6 Things Employers Need to Know
In the latest episode of Verrill Voices, labor and employment attorney Tawny Alvarez discusses best practices for complying with the upcoming amendments to the Massachusetts Equal Pay Act (MEPA), which was initially passed in order to establish pay equity among employees of different genders. Within the podcast Tawny covers...
Can the Inclusion Rider Exist In and Out of Hollywood?
Frances McDormand ended her Oscar acceptance speech with two words: Inclusion Rider. She forced the audience, the public, and the press to ask, "What's an inclusion rider?" She later informs curious minds that there has always been a rider available to individuals (likely A-list actors/actresses) who negotiate, ask for...
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