In July of 2021, President Biden issued Executive Order 14036 aimed at promoting competition in the economy. Among other things, the Executive Order directed the Federal Trade Commission (FTC) to consider promulgating a rule “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”
On August 29, 2022, the National Labor Relations Board (NLRB or Board) ruled that Tesla committed an unfair labor practice by prohibiting its employees from wearing shirts displaying support of the United Auto Workers Union (UAW). The ruling overturned a Trump-era decision which unsurprisingly held a more employer-friendly view.
The Maine Bureau of Alcoholic Beverages and Lottery Operations has revised a form that all businesses selling alcohol must maintain on their premises. Previously known as the “Employee Affidavit,” the new “Statement of Fact by Employee” must be filled out by all workers, whether employees or independent contractors, of any business selling alcohol in the state.
Last Friday, the United States Court of Appeals for the Sixth Circuit lifted the Court of Appeals for the Fifth Circuit’s Stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with at least 100 employees.
On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued the much-awaited Emergency Temporary Standard (“ETS”) mandating that workers at U.S. companies with 100 or more employees either receive a COVID-19 vaccine or undergo weekly or more frequent COVID-19 testing.
Maine state law (26 M.R.S.A. §664) requires the Maine Department of Labor to increase the state minimum wage on an annual basis, based upon increases, if any, in the cost of living.
This summer, Governor Janet Mills signed LD 1167, “An Act Relating to Fair Chance in Employment,” adding Maine to the list of states that regulate the use of criminal background checks in hiring.
Employers across the nation, concerned for the safety of their workers, customers and clients, are assessing the best way to get their employees fully vaccinated. Some are contemplating offering incentives to encourage employees to receive a COVID-19 vaccine as a way to avoid the potentially problematic alternative of requiring employees to be vaccinated.
The Maine Legislature could vote as early as next Wednesday on a bill to end at will employment in Maine. The Committee on Labor and Housing voted it out of committee by a 7-3 vote. Our hope is that the Legislature will reject this ill-conceived and poorly drafted legislation or, if the Legislature does not, that Governor Mills will veto the bill.