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Total Articles: 7

Maine Delays Implementation of Certain Provisions of Recreational Marijuana Law

Last November, Maine was one of four states in which voters approved a new recreational marijuana law. Maine’s law took effect on January 30, 2017; however, emergency legislation passed on January 27, 2017 delayed the implementation of certain provisions of the law.

Maine Delays Effective Date of Anti-Discrimination Provisions of Recreational Marijuana Law

On November 8, 2016, Maine voters approved “Question 1”—An Act To Legalize Marijuana (“ALM” or “the Act”). “Emergency” legislation since passed by the Maine legislature and signed by Governor Paul LePage now provides employers with operations in Maine a temporary reprieve from complying with the anti-discrimination provisions of the ALM until February 1, 2018.

Share Right to Light? Maine’s New Marijuana Law Prohibits Employers from Discriminating Against Recreational Users

An important provision in the recreational marijuana ballot initiative approved by Maine voters back in November has so far generated limited buzz among Maine employers, but they will need to pay closer attention now that key portions of the law are set to take effect in just a few weeks on January 30, 2017. Specifically, the initiative makes it legal for Mainers age 21 or over to possess up to 2.5 ounces of marijuana for personal use and to keep and cultivate up to six adult marijuana plants. While employers may take solace in the fact that the initiative expressly exempts them from having to tolerate marijuana use, possession, transport or employees being under the influence of marijuana in the workplace, employers need to be aware that the law also prohibits them from refusing to employ or otherwise penalizing persons 21 years of age or older solely because the person uses marijuana recreationally outside the employer’s property.

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of employer conduct. Specifically, an employer may not:

Maine Joins New York, New Jersey, Connecticut and Illinois as Newest State Plan Protecting State and Local Employees

OSHA recently approved Maine as the newest State Plan responsible for protecting the safety and health of state and local government employees. Under the approved plan, the Maine Department of Labor is designated as the state agency responsible for the development and enforcement of occupational safety and health standards applicable to state and local government employment throughout the state. OSHA retains full authority for coverage of private sector employees in the State of Maine, as well as for coverage of federal government employees.

Maine Enacts Law Restricting Employer Access to an Employee's or Job Applicant's Social Media Accounts

Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the Rights of a Victim of Sexual Assault or Domestic Violence to Take Necessary Leave from Employment and to Promote Employee Social Media Privacy (the “Act”), was not without controversy. The Act, sponsored by Rep. Matthea Daughtry (49th Dist.) and Sen. James Hamper (19th Dist.), was passed by the Maine Senate and House of Representatives on June 30, 2015.

The Difference Between Cloth and Leather Gloves?

At least that is the thought one might take from a jury verdict at the end of May in Maine state court. As reported by Michael Afthim's counsel, Peter Thompson and Associates in their blog, Maine Employment Lawyer, his complaints about the working conditions of the men he supervised led to his termination and subsequent suit under the Main Whistleblowers' Protection Act