If you are pulled over and the officer suspects that you may be impaired, you will likely be asked to exit the car and take field sobriety tests. In Maine, you are not required to take field sobriety tests. The officer will not tell you that you can refuse to take a field sobriety test.… Read more »
What should I do if charged with a Maine OUI?
In Maine, drunk driving is called operating under the influence, or OUI for short. An OUI conviction can result in jail time, fines, and a license suspension. Your license will likely be suspended by the Maine Bureau of Motor Vehicles before you even go to court. If you are arrested for OUI, there are five… Read more »
What do the new amendments to Maine’s Marijuana Legalization Act mean for employers?
By citizen’s initiative, Maine voters approved the Marijuana Legalization Act in November 2016. As originally enacted, the law prohibited employers from refusing to hire or penalizing applicants or employees for off-site marijuana use. In 2018, the Maine Legislature passed L.D. 1719, “An Act to Implement a Regulatory Structure for Adult Use Marijuana.” The Governor vetoed… Read more »
What are the penalties for drunk driving in Maine?
In Maine, drunk driving is called “operating under the influence,” or “OUI.” A person commits OUI if the person operates a motor vehicle while under the influence of intoxicants, or while having a blood-alcohol level of .08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. The Maine Supreme… Read more »
Attorney Tyler Smith successfully argues “rising blood alcohol” defense in OUI case
Representing a client in a hearing before the Maine Bureau of Motor Vehicles, Attorney Tyler Smith successfully argued a “rising blood alcohol” defense in an operating under the influence case. Our client was allegedly witnessed consuming alcohol in a parking lot. The witness called the police, who promptly responded and stopped the client after he… Read more »
Non-compliant appendix may result in dismissal of appeal
A recent Maine Law Court decision provides a warning to the bar and public: failure to comply with Rule 8 of the Maine Rules of Appellate Procedure may result in dismissal of an appeal. Rule 8 describes specific requirements for the appendix to be filed on appeal, including size, contents, and order of documents. In… Read more »
Seventh Circuit holds that sexual orientation discrimination is a form of sex discrimination under Title VII of the Civil Rights Act of 1964
The U.S. Court of Appeals for the Seventh Circuit released a landmark decision on April 4, 2017, opening the door for Title VII claims for alleged discrimination on the basis of sexual orientation. Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate on the basis of a person’s… Read more »
Federal court blocks Obama Administration’s overtime expansion rule
On Tuesday, November 22, 2016, a federal judge placed a nationwide hold on a new Department of Labor rule, set to go into effect on December 1, 2016, that would have made millions of additional workers eligible for overtime pay. The Fair Labor Standards Act exempts from its overtime requirement “any employee employed in a… Read more »
Circumstantial evidence can present a “convincing mosaic” of gender discrimination
So holds a recent decision by the First Circuit Court of Appeals. In Burns v. Johnson, — F.3d — (1st Cir. 2016), the First Circuit vacated a district court’s decision granting summary judgment to an employer, after the district court concluded the employee’s evidence of gender bias amounted to speculative conclusions about a supervisor’s motivation.… Read more »
Second Circuit recognizes individual liability under FMLA
In a recent decision, Graziadio v. Culinary Institute of America, the Second Circuit Court of Appeals concluded that supervisors can be held individually liable for violations of the Family Medical Leave Act (FMLA). Under the FMLA, only an employer may be held liable for violations of the statute. To decide who qualifies as an “employer,” the Second… Read more »