The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed enforcement guidance on harassment in the workplace. The EEOC will accept comments on the proposed enforcement guidance until November 1, 2023, and then will proceed to finalize it. Even though this guidance is yet to become final, employers should analyze their current policies and practices, consider updating them, and update workplace training to reduce the risk of claims and liability.
On September 14, 2023, Maine Governor Janet Mills declared a state of emergency in anticipation of Hurricane Lee’s imminent arrival. The declaration temporarily increases wages for many non-exempt employees in Portland, Maine.
Last month, Maine enacted one of the country’s most expansive paid family and medical leave programs. The new program will provide eligible employees with up to 12 weeks of family and/or medical leave during the applicable twelve-month benefit period and no more than 16 weeks in the aggregate of both family and medical leave in that same benefit year. The new program also allows intermittent leave, though in increments of not less than eight hours. Smaller increments may be possible if the employer and employee both agree.
The Massachusetts Department of Family and Medical Leave (DFML) announced the latest updates to the Massachusetts Family and Medical Leave (PFML) law effective January 1, 2023.
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.