Maine Department of Labor

Laws Governing Workplace

Rights

The Bureau of Labor Standards works professionally with its customers to continually improve workplace safety, health, and workplace rights.

Maine Department of Labor2

Overview of Major Provisions

• Recordkeeping• Posters• Minimum Wage• Timely Payment Of Wages• Unfair Withholding Agreements• Overtime• Salary/Employees (Exemptions)• Compensatory Time• Cessation Of Employment• Equal Pay

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• Coverage• Records To Be Maintained By Employers– Must Be True & Accurate Records– Dates Worked– Amount Paid– Daily Record

• Not Required For Exempt Employee(s)

– Hours Worked Must Be On Each Pay Statement– Accessible For DOL Inspection

Employment Records (§622, §665)

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Certain Posters Are Required To Be Visible To All Employees

– Regulations Of Employment

– Minimum Wage

– Employment Of Minors

– Whistleblower’s Protection Act

Posters Can Be Downloaded Free http://www.maine.gov/labor/posters/index.html

Employment Posters

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• Current Minimum Wage– $7.50 An Hour– Local Ordnances– Statewide Referendums

• Exemptions• Service Employees May Be Paid

½ Of Minimum With Tip Credit– Tip Pooling– Service Charges

Minimum Wage (§663, §664)

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• Exempt– Agriculture– Camp Counsellors Or Junior Counsellors– Fishing– Dependent Family Members– Salaried Employees

• Exceptions For Automotive Industry– Salesperson– Mechanic– Parts Clerk– Service Writer

Minimum Wage (§664)

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• Minimum Frequency and Payment– Regular Intervals

• Not to Exceed 16 Days

– Full Payment of all Wages Earned• Within Eight Days of Payment Date

• Regular Payment Required– Regular Intervals Made Known to Employee– 30 Day Written Notice To Increase Intervals

• Lowering Rate of Pay– Requires One Day Advanced Notice

Timely and Full Payment of Wages (§ 621-A)

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• Work Without Compensation• Deductions For “Debt”– Not Allowed For Cost Of Doing Business

• Overcompensation– Reimbursement Of Arrears

• Deductions For Service Fees (Public Employees)

– Collective Bargaining Agreement

• Unfair Contracts

Unfair Agreements (§629, §635, §672)

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• Overtime Rate– 1 And 1/2 Times The Regular Hourly Rate– Regular Rate By Weighted Average

• Exempt vs. Non-Exempt– Three Main Exemptions

• Administrative Exemption• Executive Exemption• Professional Exemption

– Problems? • Seek Guidance

Overtime (§664)

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• Work Necessary To Protect The Public Health Or Safety• Salaried Employee In A Bona Fide Executive Capacity • Seasonal Employee • When An Employer Shuts Down An Operation– Annual Maintenance – Work Performed In The Construction Trades

Overtime Limit Exceptions (§603, 3.)

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• Exceptions to Overtime– Named Occupations

• Compensatory Time– Public Employees ONLY– Limits of Comp Hours

• 480 vs. 240

– Liabilities • Upon Cessation of Employment• Exceeding Accrual Threshold

Overtime (§664)

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• An Employee Leaving Employment Must Receive– All Hours Worked– Vacation Pay As Wages Earned– Be Paid In Full Within A “Reasonable Time” (Whichever Is

Sooner)– Overcompensation May Be Withheld If Authorized– Loan Or Advance May Be Deducted– Remedies For Unpaid Wages

Cessation of Employment (§626)

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• An Employer May Not Discriminate Between Employees On The Basis Of Sex– Performing Comparable Work– May Not Discharge Or Discriminate

• Guidance Rules– Seniority Or Merit Pay Systems– Shift Differentials

• Employer May Not Prohibit– Employees Disclosing Their Own Wages – Inquiring About Another Employee’s Wages

Equal Pay (§628)

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Bureau Of Labor Standards45 State House Station

Augusta, Maine 04333-0045

Phone: 207-623-7900Fax: 207-623-7934

TTY: Maine Relay 711Website: http://www.maine.gov/labor/bls/

Questions and Comments