With the Second Regular Session of the 121st Maine Legislature fast approaching, employment-related issues are once again surfacing, and expect to be a primary focus of lawmakers’ efforts in the coming months.  Although at this point the text of newly-introduced legislation has not yet been released, several bills that were “carried-over” from last session are already queued up for consideration by the Senate and House of Representatives in January.  They include the following, all of which were given public hearings last spring, and are expected to be voted out by the Legislature’s Joint Standing Committee on Labor later this month:

• L.D. 523, Resolve, Requiring the Maine Human Rights Commission to Report on Complaints Involving Supervisors:  As originally drafted, this bill proposed to impose individual liability on supervisors for acts of harassment/discrimination in the workplace.  Following lengthy consideration by the Legislature’s Joint Standing Committee on Judiciary, the bill was amended last spring to: (1) order the Maine Human Rights Commission to report back to the Judiciary Committee by January, 14, 2004 on the number cases it has handled in which “the employee has suffered discrimination through the actions or inaction of a supervisor, but the employer has an affirmative defense against liability,” and (2) authorize the Judiciary Committee to report out legislation this coming session, depending on the Commission’s findings.    
• L.D. 561, An Act to Improve Standards for Public Assistance to Employers in the State: proposes to condition businesses’ receipt of benefits under the Business Equipment Tax Reimbursement Program (BETR) and other tax subsidies on maintaining certain employee compensation and benefits levels.
• L.D. 673, An Act to Increase Maine’s Minimum Wage: as originally drafted last year, this bill proposed to increase the minimum wage to $6.65 in October, 2003, and then increase it again to $7.00 in October, 2004.  
• L.D. 752, Resolve, Directing the Department of Labor to Develop the Family Security Fund:  proposes to establish a paid family medical leave fund, funded in large part by employer contributions.
In addition to carry-over bills, titles of legislation that has recently received special permission of Legislative leadership to be introduced for the first time in the coming session include the following:
• LR 2243, An Act to Obtain Severance Pay for the Employees of Great Northern Paper Company;
• LR 2587, An Act to Clarify the Prevailing Wage Law;
• LR 2275, An Act to Amend the Random Drug Test Laws; and
• LR 2584, An Act to Amend the Fees Paid to Attorneys for Lump-Sum Settlements in Workers’ Compensation Cases.
Until the text of this new legislation is released later this month, it will be difficult to discern what other bills may have an impact on employment-related issues here in Maine.  Preti Flaherty will provide periodic updates on these and other bills as the legislative session progresses.  In the meantime, please feel free to contact us if you have any questions or concerns.