Product Description

Recent updates:

• Update: July 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of A Practical Guide to Employment Law in Maine up to date with this 2022 supplement to the 2019 first edition. The following are highlights of just some of the updates you’ll find in this supplement:

  • new guidance on the ten salient steps an employer can take toward risk avoidance in employment law claims (see chapter 1);

  • an explanation of last chance agreements, which most commonly arise in the context of employment under a collective bargaining agreement (see chapter 2);

  • a discussion of the U.S. Supreme Court's 2020 decision in Bostock v. Clayton County, Georgia, which held that an employer who fires an individual because of their sexual orientation violates Title VII of the Civil Rights Act of 1964 (see, for example, chapter 4);

  • an analysis of the impact of the addition of grandchild to the definition of a covered person with a serious health condition under the Maine Family Medical Leave Act (see chapter 6);

  • a new section on the treatment of tips for service employees pursuant to Maine law (see chapter 9); and

  • a brand-new chapter on ERISA Employment Benefits: Long-term Disability Insurance (see chapter 10).

  We at MCLE │ New England hope that you find this updated publication useful in your practice and in keeping your resource library current.

  Very truly yours,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Risk Avoidance in Employment Law Claims

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Linda D. McGill, Esq., Bernstein, Shur, Sawyer & Nelson, PA

Checklist 1.1

- Workplace Investigations: Questions, Answers, Guidance Buy Form

Checklist 1.2

- Checklist for Documentation: Ten Key Rules Buy Form

Checklist 1.3

- Ten Personnel Policies Essential for Legal Compliance Buy Form

Checklist 1.4

- Retaliation and Whistleblower Claims: Employer Checklist Buy Form

Checklist 1.5

- Checklist for Termination Decisions Buy Form

Chapter 2 expand

Employment Agreements

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James B. Haddow, Esq., Petruccelli, Martin & Haddow, LLP

Exhibit 2A

- Sample Employment Agreement Buy Form

Exhibit 2B

- Sample Letter Agreement with Appended Proprietary Information and Nonsolicitation Agreement Buy Form

Exhibit 2C

- Sample Employment Agreement Buy Form

Exhibit 2D

- Sample Employment Agreement: Private Entertainment Company Buy Form

Chapter 3 expand

Privacy Issues in the Workplace

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James B. Haddow, Esq., Petruccelli, Martin & Haddow, LLP

Checklist 3.1

- Checklist of Conditions Required Under the Maine Drug Testing Statute, 26 M.R.S. § 681 et seq. for Probable Cause Testing of Employees Buy Form

Exhibit 3A

- Form Personnel File Request Buy Form

Exhibit 3B

- Sample Email and Internet Use Policy Buy Form

Chapter 4 expand

Discrimination in the Workplace

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David G. Webbert, Esq., Johnson & Webbert LLP

Chapter 5 expand

Accommodation and Leave Under Disability Discrimination Laws: ADA and MHRC

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Katharine I. Rand, Esq., Pierce Atwood LLP
Daniel R. Strader, Esq., Pierce Atwood LLP

Chapter 6 expand

The Family and Medical Leave Act and the Maine Workers’ Compensation Act

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Anne-Marie L. Storey, Esq., Rudman & Winchell

Chapter 7 expand

Duty to Accommodate Religious Beliefs and Observances

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Katharine I. Rand, Esq., Pierce Atwood LLP
Daniel R. Strader, Esq., Pierce Atwood LLP

Chapter 8 expand

Pursuing and Defending Cases at the Maine Human Rights Commission (MHRC)

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Maria C. Fox, Murray Plumb & Murray

Checklist 8.1

- Employee Strategy Considerations Checklist: MHRC Complaint Buy Form

Checklist 8.2

- Employer Strategy Considerations Checklist: MHRC Complaint Buy Form

Chapter 9 expand

Wage and Hour Law

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William J. Sheils, Esq., Perkins Thompson PA
Katherine Skinner, Perkins Thompson PA

Checklist 9.1

- Checklist of Key Fair Labor Standards (FLSA) Issues Buy Form

Exhibit 9A

- U.S. Department of Labor Wage and Hour Division Fact Sheet No. 13: Employment Relationship Under the Fair Labor Standards Act (FLSA) Buy Form

Chapter 10 expand

ERISA Employee Benefits: Long-Term Disability Insurance

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Gisele M. Nadeau, Esq.,

Exhibit 10A

- Sample Long-Term Disability (LTD) Policy Buy Form

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