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Maine: Reasonable Accommodations for Pregnant and Nursing Workers Must be Provided

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September 19, 2019

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Governor Janet Mills recently signed An Act to Protect Pregnant Workers (L.D. 666) into law.  This Act broadens protections for pregnant and nursing employees in a number of ways, and further amends the language of existing provisions to incorporate gender-neutral language.

Specifically, employers will be required to provide reasonable accommodations to employees afflicted with pregnancy-related conditions, unless the accommodation imposes undue hardship upon the employer.  Examples of reasonable accommodations include providing/modifying seating, equipment, or scheduling, temporary transfer to light or less strenuous/hazardous work, longer or more frequent breaks, and accommodations for lactation. Existing anti-discrimination provisions prohibiting employers from treating pregnant workers differently remain in place.

Action Items

  1. Have managing staff trained on the interactive process for reasonable accommodations.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Maine: Recent Employment Updates

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September 17, 2019

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Maine enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Privacy Protections. Employers will be prohibited from requesting applicants’ Social Security numbers, unless used in the context of a pre-employment background screen or substance abuse testing.

Tip Pooling Clarified. Employers may only implement tip pooling among service employees, and provided that they do not violate the Fair Labor Standards Act (FLSA).

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Maine: Employers Must Provide Paid Leave For Any Reason Starting in 2021

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Private Employers with 10 or more ME Employees

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January 1, 2021

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Governor Mills recently signed LD 369 requiring private employers with 10 or more employees to provide paid leave for any reason. Earned paid leave (EPL) accrues at one hour for every 40 hours worked, up to 40 hours in one year of employment. Accrual begins at the start of employment, but taking leave may be restricted until the individual has been employed for 120 days.

Employees must give reasonable notice of their intent to use EPL, unless it is due to emergency, illness, or other sudden necessity. Employers must also maintain employee benefits during the leave period. The Maine Department of Labor is expected to adopt rules to implement the new leave law. Notably, the law does not apply to employees covered by a collective bargaining agreement.

Action Items

  1. Review the bill here.
  2. Implement a paid leave policy by 2021.
  3. Have managers and payroll administrators trained on the new requirements.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Maine: Salary History Inquiry Ban and Equal Pay Update

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September 17, 2019

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Governor Janet Mills recently signed L.D. 278 prohibiting employer inquiries into the salary history of job applicants until after an offer of employment is made stating “all terms of compensation,” except where federal or state law otherwise requires disclosure or verification of compensation information for employment purposes. Any attempt to directly or indirectly (including through an employment agency) obtain compensation information from a job applicant before an offer of employment has been made, qualifies as unlawful employment discrimination under the Maine Human Rights Act.

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Upcoming Minimum Wage Increases

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Certain Employers with Employees in CA, DC, IL, ME, MD, MN, OR

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July 1, 2018

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Minimum wage increases typically fall into the beginning or middle of each calendar year, with many states or localities increasing minimum wage rates in July.  Below is a short list of localities with upcoming minimum wage increases effective July 1, 2018.

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Maine: Employer Drug Testing Limited by Recreational Marijuana Law

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February 1, 2018

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Maine citizens voted to legalize recreational marijuana use in 2016. While recreational use of marijuana is permitted, the law allows employers to prohibit the consumption, possession, trade, display, transportation, sale, or growing of marijuana in the workplace, and employers could still maintain substance abuse policies at work.  However, the drug testing provision related to recreational marijuana use, effective February 1, 2018, significantly limits an employer’s ability to perform drug tests.

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First Circuit U.S. Court of Appeals Approves Fluctuating Workweek Overtime Calculation Method Using Performance-Based Commissions

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All Employers in Maine, Massachusetts, New Hampshire, Rhode Island

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February 12, 2016

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The U.S. Court of Appeals for the First Circuit recently ruled on a Massachusetts District Court case stating that an employer’s use of the fluctuating work week (FWW) method to calculate overtime, when factoring in a performance-based pay structure, does not violate the federal Fair Labor Standards Act (FLSA) or Massachusetts Minimum Fair Wage Law.

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