Workforce Bulletin

While most people were wrapped up in the inevitable hustle and bustle of the holidays, Vermont Governor Phil Scott announced the Nation’s second voluntary paid family and medical leave program, the Vermont Paid Family and Medical Leave Insurance Plan (VT FMLI). Initially part of a failed joint proposal with New Hampshire – the Twin State Voluntary Leave Plan – the VT FMLI largely mirrors New Hampshire’s Granite State Paid Family Leave Plan by establishing a State insurance program in which private employers and individuals may voluntarily participate.

In the wake of the landmark decision in Dobbs v. Jackson Women's Health Organization, we have been closely monitoring legal developments across the country. In addition to well publicized “trigger laws” that were effectuated as a result of the U.S. Supreme Court’s order, states have taken up a variety of legislative actions in response to the ruling, which placed authority for the regulation of abortion with the states.

Misclassifying workers as independent contractors rather than employees is a costly mistake.  Among the many issues arising from misclassification is potential liability under federal and state minimum wage and overtime laws.  As the laws continue to change and develop, so do the risks to contracting entities.

Federal Changes

[Update: The measure was signed into law by Governor Mills on April 12, 2019.]

On April 2, 2019, the Maine Legislature celebrated Equal Pay Day by passing two significant amendments (“Amendments”) to the Maine Equal Pay Act. If, as expected, Governor Janet Mills signs the measure, certain salary history inquiries and employer policies prohibiting employee wage discussions will be deemed “evidence of discrimination.”  While the Amendments do not directly “prohibit” such inquiries and policies, in effect, they operate as a ban on such conduct.

Specifically, the ...

On May 30, 2018, Vermont Governor Phil Scott signed bill H.707, titled “An Act Relating to the Prevention of Sexual Harassment” (the “Act”). Effect on July 1, 2018, the Act provides expansive protections for employees and prospective employees, as well as some groundbreaking employer obligations and potential penalties for violations of the law.

Among its key provisions, the Act:

• Applies to all persons “hired to perform work or services,” thereby covering independent contractors and unpaid interns;
• Prohibits employers from requiring any employee or prospective ...