Total Articles: 13
Jackson Lewis P.C. • February 21, 2018
A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal drug and alcohol testing regulations, as well as those employers who are exempt from complying with Maine’s drug testing law.
Littler Mendelson, P.C. • January 31, 2018
On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the workplace. In preparation for this change, the Maine Department of Labor has removed marijuana from the list of drugs for which an employer may test in its “model” applicant drug-testing policy. Although wrangling between the state legislature and Governor Paul LePage has delayed the retail sale of marijuana, the remaining provisions of Maine’s “Question 1 – An Act to Legalize Marijuana” (“the Act”), are slated to move forward despite fears doing so will hurt business in the state.
Ogletree Deakins • November 17, 2017
On November 3, 2017, Maine Governor Paul LePage announced that he had vetoed a bill sent to his desk with tepid support that would have taxed and regulated the commercial sale of recreational marijuana. The veto prolongs a somewhat odd state of affairs in Maine in which Mainers may legally possess and cultivate recreational marijuana for personal use, but the commercial sale of recreational pot has yet to be authorized. Accordingly, so-called “pot shops” have not been allowed to open in the state. In November of 2016, Maine voters approved a recreational marijuana ballot initiative that legalized the possession of up to 2.5 ounces of recreational marijuana by residents 21 years of age or older, as well as the cultivation of up to six adult marijuana plants for personal use. The ballot initiative also approved the commercial sale of recreational marijuana, but Maine’s legislature has yet to allow that to happen.
Ogletree Deakins • November 17, 2017
Montgomery County, Maryland, has approved Bill 28-17, which increases the countywide minimum wage from $11.50 to $15.00. The nine-member Montgomery County Council voted unanimously in support of the bill on November 7, 2017, and County Executive Isiah Leggett signed the measure into law on November 13, 2017.
XpertHR • November 12, 2017
The Maine House of Representatives has upheld Governor Paul LePage's veto of a bill to legalize recreational marijuana sales in the state. Maine was one of four states to approve a marijuana law via the ballot box in November 2016. But emergency legislation delayed implementation of the law until 2018 so the state licensing authority could implement regulations governing retail marijuana sales.
Jackson Lewis P.C. • November 07, 2017
The Maine House of Representative upheld November 6, 2017 Governor Paul R. LePage’s veto of a bill to legalize and regulate recreational marijuana. The 74-62 vote fell 17 votes short of the two-thirds margin required to override the Governor’s veto. The bill had been drafted by a special committee that was supposed to implement a law after Maine voters approved recreational marijuana in November 2016.
Jackson Lewis P.C. • April 12, 2017
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.
Littler Mendelson, P.C. • March 20, 2017
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.
Ogletree Deakins • January 27, 2017
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.
Ogletree Deakins • October 09, 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:
Goldberg Segalla LLP • August 21, 2015
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.
Littler Mendelson, P.C. • August 18, 2015
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.
Ogletree Deakins • July 26, 2010
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