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...
Is Hiring a Full-Time Interpreter a Reasonable Accommodation?
Maybe. The United States District Court for the District of Connecticut issued a ruling on Defendant's Motion for Summary Judgment in Cadoret v. Sikorsky Aircraft Corp. on February 9, 2018, holding there was a genuine issue of material fact as to whether hiring a full-time American Sign Language interpreter...
Podcast: What Employers Need to Know about Non-Compete Agreements
As issues of covenants or agreements to not compete become increasingly prevalent in employer/employee relationships, attorney Calvin Woo discusses what employers need to know about non-compete agreements in this Verrill Voices podcast. As Calvin explains at the start of the podcast, non-compete agreements are a form of restrictive covenants...
When Employees Speak Out
On Saturday, January 6, labor and employment attorney Tawny Alvarez joined David Ciullo for a segment of HR Power Hour on News Talk WLOB radio. On the show, Tawny discussed what employers can and cannot do when employees speak out. Further, she explains the difference between free speech in...
Oops, Wrong Button. Do We Discipline for the Mistake or the Effect of the Mistake?
In the wake of last week's "oops," when a Hawaii civil defense employee sent out an Emergency Alert to those on the island which stated: "BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL" it's a good time to discuss disciplinary issues in the...
Searching for Answers: Ex-Google Employees File Suit
Yesterday, James Damore, the engineer who authored the Google Memo , which set forth his view on gender bias and diversity in technology, and who was later fired, filed a class-action lawsuit in the Santa Clara Superior Court in California. Joining him in the suit is fellow ex-employee, David...
The Walking Dead Producer Walks into Serious OSHA Fines after Death on Set
The company that produces The Walking Dead television series was recently fined $12,675.00 after an OSHA investigation following the fatal July 12, 2017 fall of stuntman John Bernecker. Specifically, Mr. Bernecker fell approximately 20 feet onto a concrete floor, resulting in his death, while performing a stunt. OSHA relied...
On Air with Ken and Matt: An Employment Law Update
In case you missed it, labor and employment attorneys Benjamin Ford and Tawny Alvarez were live on air in the Newsradio WGAN studio on the morning of Friday, December 22, discussing the firm's upcoming 2018 Annual Employment Law Update on January 25 in Portland. The morning news segment with...
The "Weinstein Effect" and Workers' Comp: When Sexual Harassment or Assault is a Work-Related Injury
Anyone who is even half-paying attention to the news has been reminded that, despite years of open discussion and training around the issue of appropriate behavior in the workplace, some things just haven't changed. There are still predators, idiots and bores among us. As the season for office holiday...
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...
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