We have a longtime employee who’s no longer meeting expectations. The owner is afraid to hold them accountable because they’re over 40 and therefore in a protected class. What can we do?

In general, you shouldn’t let an employee’s protected class status deter you from holding them accountable to your performance expectations. After all, everyone belongs to protected classes. Being in one simply means you can’t be treated differently because you’re in...

Are there questions or topics we should avoid during the hiring process? How can we be sure we don’t accidentally get into one of those topics?

Answered by the HR Experts You should avoid asking questions that could be viewed as discriminatory or that infringe on a candidate’s privacy. Essentially, you want to avoid any questions that are not directly related to the candidate’s ability to perform the job....

Do we need to pay summer interns?

Answered by the HR Experts Generally, yes, though it depends on who benefits most from their work. The U.S. Department of Labor (DOL) has adopted the “primary beneficiary test” to determine whether a worker is an employee (who must be paid in accordance...

Does the National Labor Relations Act apply to my business if we don’t have a union?

Answered by the HR Experts It does! Congress enacted the National Labor Relations Act (NLRA) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to limit certain labor and management practices that can harm the general...

Maine Law Alert: Maine Veterans’ Benefits and Services Poster Now Available

In June of 2023, Maine passed a law requiring that employers with more than 50 full-time equivalent employees display a yet-to-be-created poster about veterans’ benefits and services. Well, the time has come—it’s been created! This poster needs to be displayed in a...

What are whistleblower protections?

Whistleblowing occurs when an employee reports wrongdoing (dangerous, illegal, or unethical activity or practices by the company or its employees) either directly to the employer or to an outside authority. Many laws, including the Occupational Safety and Health Act,...