Legal Insights

Increase to Minimum Wage; Maximum Tip Credit; and Minimum Cash Wages for Tipped Employees in Maine
Hilary St. Jean

Reminder of Maine Wage Changes as 2024 Approaches

The State of Maine is enacting more protective laws for its residents in the arena of employment law. It is worth reminding businesses of what’s to come in the near term and in the longer-term future of Maine employment laws. It is the second state in 2023 to set up a state-based paid family and medical leave program (see below).

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Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries
Josh Zetlin

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries

Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry.  Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs.  It also offers financial opportunities for existing wineries with excess capacity.  And, notably, in contrast to the

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Understanding the Powers of Trustees in Maine
Hilary St. Jean

Understanding the Powers of Trustees in Maine

Trustees have certain powers inherent under applicable laws and also as specified by contract. There are several powers of a trustee inherent under applicable Maine law if a trust document does not provide to the contrary. Being clear on the trustee’s powers in the trust itself is important for several reasons. The client creating the trust (the “Settlor”) should understand

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Custom Crush Relationships and the Foundational Custom Crush Agreement
Josh Zetlin

Custom Crush Relationships and the Foundational Custom Crush Agreement

Introduction to Custom Crush Agreements The wine industry is complex, and it takes a significant amount of time, money and skill to produce a high-quality product. One aspect of the industry that has been gaining popularity in recent years is the “Custom Crush” model of business. This structure lets an aspiring wine maker enter the business without a producer’s license

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Hilary St. Jean

Classification of Employees and Independent Contractors in Maine

Why Does Classification of Service Providers Matter? Appropriately classifying workers is extremely important for several reasons under applicable employment, labor and tax laws and is a matter of both federal and state law. Misclassification of workers is illegal. Some employers may intentionally misclassify workers as independent contractors instead of employees in order to avoid paying for and observing certain employee-related

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Living Will and Healthcare Directives for Maine Residents
Hilary St. Jean

Maine Healthcare Directives and Living Wills

Often when you attend a doctor’s appointment in Maine, one of the questions that will be asked of you at registration or check-in, is whether you have a “living will” or “advanced healthcare directive” and if so, if it is on file with the provider. Your answer may be a simple “yes” or “no”, but this blog is intended to

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Maine B. Corporations- The Future of Purpose-Driven Economics
Hilary St. Jean

Maine B. Corporations- The Future of Purpose-Driven Economics

Anyone familiar with the State of Maine understands that Mainers take pride in the beauty of the outdoors, the support of local communities and businesses, prioritizing environmental sustainability and ethical operations. Maine is built off of a rich history of rocky coast, sea-faring pioneers; animal-loving residents; hiking; sailing; biking; camping; tourism; retail; hospitality and food and beverage.  Maine residents and

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The Basics of Estate Planning: A Simplified Guide for Beginners
Hilary St. Jean

The Basics of Estate Planning: A Simplified Guide for Beginners

I. Introduction Estate planning is a critical process that often gets pushed to the back burner in our busy lives. It’s a subject many of us know we should address but tend to delay until a later date or avoid until an event of immanence occurs around our health or the health of a loved one. However, most people are

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Grape Purchase Agreements are a type of contract governing the transaction between winemakers and third-party grape growers.
Josh Zetlin

Grape Purchase Agreements: Understanding Contracts in the Wine Industry

Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of

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Federal Advertising Regulations for Wine Businesses
Hilary St. Jean

Federal Advertising Regulations for Wine Businesses

The Federal Alcohol Administration Act (27 USCA Ch.8, subchapters I-II, Sections 201-219a, as applicable) (The “Act”) authorizes the US Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (the “TTB”) to be the permitting authority for importers, producers, and wholesalers of wine; and to regulate the advertising and marketing of wine, including as relates

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