Maine Nonprofit Law E-Bulletin – July 2015

In this Issue:

  • Important Changes to Maine Employment Laws (Maybe)
  • Upcoming Event: Ultimate Guide to Tax-Exempt Organizations in Maine
  • E-Bulletin Information

Important Changes to Maine Employment Laws (Maybe)

At the end of the recent session, the Maine Legislature passed L.D. 921, and it has been chaptered into law as 2015 Public Law Chapter 343. This legislation makes two important changes to employment laws that affect all Maine employers, including nonprofit organizations of any size. There’s just one little catch. This bill is caught up in the dispute between the Legislature and the Governor about whether he can still exercise a veto. I expect the Maine Supreme Court to side with the Legislature, in which case this law will become effective on October 14.

The first part of the law increases penalties for employers that fail to comply with already existing law (see 26 M.R.S. § 850) that requires an employer to grant reasonable and necessary leave from work to employees who are victims of violence, stalking, and other acts that would support a court order for protection. The Maine Department of Labor will be able to fine noncompliant employers up to $1,000 per occurrence, above the current $200 ceiling, and the employer must also pay damages of three times the fine. Moreover, if the employee is terminated in connection with exercising his rights under this law, he or she can demand re-employment and back wages.

The second part of the law has a more widespread day-to-day application, because it places strict limits on an employer’s ability to demand or even request access to an employee’s (or applicant’s) social media accounts. Social media accounts are defined broadly to include e-mail, videos, blogs, texts, and websites. But the law does not apply to those accounts set up at an employer’s behest, such as a workplace e-mail account. In summary, an employer cannot demand or request passwords or other access to any social media accounts, and cannot make employment decisions based on an employee or applicant’s refusal to provide such access. Nonprofit organizations should review their personnel policies to ensure consistency with this new law, assuming it does indeed go into effect.

 

Upcoming Event: Ultimate Guide to Tax-Exempt Organizations in Maine

Date: August 25 & 26, 9:00 am – 4:40 pm
Location: Fireside Inn & Suites, Portland

Sponsor: National Business Institute

Register and more information here

 

Establishing and operating a tax exempt organization is a complex task that requires advice from

knowledgeable professionals. Learn the practical strategies you need to guide a tax-exempt client

through the life cycle of IRS application and yearly compliance. This two-day course will

provide comprehensive information covering Form 1023 filing, state tax exemption applications, ethics, handling contributions, and more. An experienced team of attorneys (including Robert H. Levin) and accountants will show you how to handle the challenges and opportunities that arise in every tax exempt organization.

E-Bulletin Information

I send the Maine Nonprofit Law E-Bulletin 3 or 4 times per year to provide updates and analysis on legal and policy matters respecting Maine nonprofit organizations. I do my best to keep the messages brief, timely, and useful to nonprofit staff, board members, volunteers, advisors, and donors. At the same time, no one may rely on these E-Bulletins as legal advice, and I encourage you to consult a qualified attorney for advice on any particular situation.

If you find this free E-Bulletin to be valuable and interesting, please share it with a friend or colleague. Subscriptions remain free, and I respect my subscribers’ privacy. Anyone who would like to receive this E-Bulletin or the Maine Land Conservation Law E-Bulletin can e-mail me at rob@roblevin.net. If you’d like to be removed from the distribution list, simply drop me a line at that same address. Recent E-Bulletins can be found on my website, www.roblevin.net.

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