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

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All Employers with ME Employees

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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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September Updates

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Varies

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This Short List addresses the following topics:
  1. REMINDER! EEO-1 Component 2 Reporting is Due September 30th
  2. DOL Says DOT Drivers Sleeping in Berths While Off-Duty is Unpaid Time
  3. 2nd Circuit: Collectively Bargained Arbitration is Governed by the Scope of the Agreement
  4. 9th Circuit: The Dynamex Independent Contractor Test Does Not Apply Retroactively – For Now
  5. New Noncompete Restrictions in Maine, New Hampshire, and Rhode Island
  6. Arizona: Mini-COBRA and Bona Fide Associations Updates
  7. California: Hairstyles Soon to Be Protected From Discrimination
  8. Emeryville, CA: Small Independent Restaurant Minimum Wage Hold Repealed
  9. Florida: Unemployment Compensation Protections for Domestic Violence Victims
  10. Indiana: Direct Sellers are Exempt from Minimum Wage Rules
  11. Iowa: Enacts Negligent Hiring Protections for Employers
  12. Louisiana: Electronic Notice to Employees Permitted for Group Health Insurance Plans
  13. Kansas City, MO: Enacts Salary History Inquiry Ban
  14. New Hampshire: Child Labor Hours Restricted
  15. New York: Paid Family Leave Benefit Schedule Update
  16. New York: Whistleblower’s Immigration Status is Protected
  17. Ohio: Motor Carrier Drivers Excluded from Definition of “Employee”
  18. Pittsburgh, PA: Paid Sick Leave is Revived by State Supreme Court
  19. Vermont: Expunged Records Make Criminal Convictions Vanish
  20. Virginia: Updates to Minimum Wage Exemptions and Nondisclosure Agreements
  21. West Virginia: Effect of Expunged Criminal Convictions

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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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(888) 378-2456

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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(888) 378-2456

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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