Overtime Pay Law Summaries
Maine, Overtime Pay Law Summaries
Maine's overtime pay law is codified in the Maine Revised Statutes at Title 26, Chapter 7, Subchapter III. The full text of the law is available beginning at Wages-Hours ¶20-41,001 .
DEFINITIONS
“Employee” is any individual employed or permitted to work by an employer, but the following employees are exempt from the overtime pay law (Sec. 663(3), as amended by S. 260, L. 2009, effective May 11, 2009):
agricultural employees, except when providing services or employed by a farm with over 300,000 laying birds;
employees whose earnings are derived in whole or in part from sales commissions and whose hours and places of employment are not substantially controlled by the employer;
taxicab drivers;
counselors or junior counselors or counselors-in-training at organized camps licensed under Title 22, section 2495 and employees of organized camps and similar seasonal recreation programs not requiring such licensure that are operated as or by nonprofit organizations who are under 18 years of age;
individuals employed in the fishing industry, including catching, taking, propagating, harvesting, cultivating or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing of marine products at sea as incident to, or in conjunction with, fishing operations, including the going to and returning from work and including employment in the loading and unloading when performed by the employees;
switchboard operators in public telephone exchanges that have less than 750 stations;
home workers who are not subject to supervision or control; or who buy raw material and make, complete and sell articles, even though they may be made according to specifications and the requirements of a single purchaser;
members of the employers' family who reside with and are dependent upon the employer; and
salaried employees who work in a bona fide executive, administrative or professional capacity and whose regular compensation, when converted to an annual rate, exceeds 3000 times the state's minimum hourly wage or the annualized rate established by the U.S. Department of Labor under the FLSA, whichever is higher.
“Public employees” are employees within the meaning of the overtime pay law, and include persons whose wages are paid by a state or local public employer, including the state, a county, a municipality, the University of Maine System, a school administrative unit and any other political body or its political or administrative subdivision. However, “public employee” does not include any officer or official elected by popular vote or appointed to office (Sec. 663, as amended by P.L. 465 (H. 214), L. 1999, effective September 18, 1999).
COVERAGE
All private employees, except those in certain occupations as explained below, are covered by Maine's overtime pay law (Sec. 663, as amended by P.L. 465 (H. 214), L. 1999, effective September 18, 1999).
EXCEPTIONS
See also WHAT THE EMPLOYER MUST DO below.
Agricultural employees; commissioned salespersons; taxicab drivers; camp counselors; fishing industry employees; switchboard operators; home workers; employees who are family members living with and dependent upon the employer; executive, administrative or professional employees, are not covered by Maine's overtime pay law (Sec. 663, as amended by S. 260, L. 2009, effective May 11, 2009).
In addition, Maine's overtime pay law does not apply to (Sec. 664(3), as amended by Ch. 640 (S. 604), L. 2007, effective July 18, 2008):
automobile mechanics, automobile parts clerks, automobile service writers, and automobile salespersons, as defined in Sec. 663. The interpretation of these terms must be consistent with the interpretation of the same terms under federal overtime law.
mariners.
public employees, except those employed by the executive or judicial branch of the state.
the canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of agricultural produce; meat and fish products; and perishable foods. Note: Individuals employed, directly or indirectly, for or at an egg processing facility that has over 300,000 laying birds must be paid overtime.
drivers or driver's helpers who are subject to 49 USC 31502, if they are paid overtime pay reasonably equivalent to that required by this section for all hours worked in excess of 40 per week.
drivers or driver's helpers who are subject to 49 USC 31502 and who are represented for purposes of collective bargaining by a labor organization certified by the NLRB that is a party to a collective bargaining agreement that intends to regulate the rate of pay to be paid the driver or driver's helper.
drivers or driver's helpers who are subject to 49 USC 31502 and who are employed by an entity that is party to a contract with the federal government or an agency of the federal government that dictates the minimum hourly rate of pay to be paid the driver or driver's helper.
WHAT THE EMPLOYER MUST DO
An employer may not require an employee to work more than 40 hours in any one week unless one and one-half times the regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week. The regular hourly rate includes all earnings, bonuses, commissions and other compensation that is paid or due based on actual work performed and does not include any sums excluded from the definition of “regular rate” under the federal Fair Labor Standards Act (Sec. 664(3), as amended by P.L. 628 (H. 1611), L. 2001, applies retroactively to January 1, 1995, but does not apply to cases pending on March 20, 2002).
Limits on overtime.- A private or public employer, including the state and its political subdivisions, may not require an employee to work more than 80 hours of overtime in any consecutive two-week period. This provision does not apply to (Sec. 603(1)-(3), as added by H. 729, L. 1999):
work performed in response to an emergency declared by the governor under Maine law;
an employee who performs essential services for the public (those services that are basic or indispensable and are provided to the public as a whole, including, but not limited to, utility service, snowplowing, road maintenance and telecommunications services);
an employee whose work is necessary to protect the public health or safety, when the excess overtime is required outside the normal course of business;
an individual exempt from the definition of employee in items (1)-(3), (6), (7), (9), or (10) under DEFINITIONS above;
a salaried employee who works in a bona fide executive capacity and whose regular compensation, when converted to an annual rate, exceeds 3000 times the state's minimum hourly wage;
an employee of a seasonal employer (an employer in an industry that operates in a regularly recurring period or periods of less than 26 weeks in a calendar year);
a medical intern or resident engaged in a graduate educational program at a health care facility;
an employee who works for an employer who shuts down an operation for annual maintenance or work performed in the construction, rebuilding, maintenance or repair of production machinery and equipment (but a worker may not be required to work beyond the overtime limits described above for more than four consecutive weeks).
Employers and employees may agree to limit mandatory overtime to fewer hours than provided for above (Sec. 603(4), as added by H. 729, L. 1999).
A nurse may not be disciplined for refusing to work more than 12 consecutive hours. A nurse may be disciplined for refusing mandatory overtime in the case of an unforeseen emergent circumstance when overtime is required as a last resort to ensure patient safety. Any nurse who is mandated to work more than 12 consecutive hours, as permitted by this section, must be allowed at least 10 consecutive hours of off-duty time immediately following the worked overtime (Sec. 603(5), as added by P.L. 401 (S. 314), L. 2001).
This subsection does not apply to overtime for performance of services described in items (1) or (3) just above (Sec. 603(5), as added by P.L. 401 (S. 314), L. 2001).
Overtime-special circumstances.- Members of municipal fire fighting departments, other than volunteer or call-departments, who are paid salaries or regular wages, are employees. Firefighters' wages may be paid by the municipality based upon the average number of hours worked during any one work cycle that may not exceed 12 weeks in duration. However, one and one-half times the hourly rate must not be paid for all work done over 48 hours (Sec. 663, as amended by P.L. 465 (H. 214), L. 1999, effective September 18, 1999).
Compensatory time.- To the extent permitted under the federal Fair Labor Standards Act, the overtime pay requirements applicable to executive or judicial employees as described under EXCEPTIONS above may be met through compensatory time agreements (Sec. 664(4), as added by P.L. 423 (H. 1198), L. 2003, effective June 4, 2003).
Agreements.- No employer may enter into a special contract with an employee or use any other means to exempt itself from the overtime pay law (Sec. 672).
NOTICE
Every employer covered by Maine's overtime pay law must keep posted a summary of the law, furnished by the Director of the Bureau of Labor Standards without charge, in a conspicuous place, in or about the premises where any person covered by the law is employed, or in a place accessible to its employees (Sec. 668).
ENFORCEMENT
Investigative authority.- The Director of the Bureau of Labor Standards or an authorized representative may, and upon written complaint, must enter the employer's place of business or employment in Maine to examine, inspect and copy the records (Sec. 665(1), as amended by P.L. 89 (H. 673), L. 2005, enacted May 12, 2005).
Confidential records.- All information received by the director and authorized representatives is considered confidential and may not be divulged to any other person or agency, except as may be necessary for the enforcement of the overtime pay law (Sec. 665(1), as amended by P.L. 89 (H. 673), L. 2005, enacted May 12, 2005).
Court actions.- The Attorney General may institute injunction proceedings in the superior court to enjoin further violations of Maine's overtime pay law (Sec. 665).
An employer is liable to an employee for the amount of unpaid overtime compensation. In the action brought to recover unpaid wages, the judgment will include unpaid wages, an additional amount equal to the unpaid wages as liquidated damages, and costs of suit, including a reasonable attorney's fee (Sec. 670).
State employees.- Notwithstanding Sec. 670 above, in an action brought to recover unpaid overtime wages for an employee of the executive or judicial branch of the state, the judgment or award is limited to the unpaid overtime compensation adjudged to be due, without liquidated damages or attorney's fees. An action for unpaid overtime wages for an employee of the executive or judicial branch of the state must be brought within two years after the cause of action accrued, except that a cause of action arising from a willful violation of the overtime wage payment law must be commenced within three years after the cause of action accrued. Overtime wages are recoverable by employees of the executive or judicial branch beginning with the later of the date the cause of action accrued and the date the applicable limitations period began (Sec. 670-A, as added by P.L. 423 (H. 1198), L. 2003, effective June 4, 2003).
WHO TO CONTACT
Contact the Commissioner of the Labor Department, 20 Union St., P.O. Box 309, Augusta, ME 04332-0309. Telephone: (207) 287-3788. Fax: (207) 287-5292. The Director of the Bureau of Labor Standards is located at the same address and may be reached by telephone at (207) 624-6400 and by fax at (207) 624-6449.
RECORDKEEPING
Every employer subject to Maine's overtime law must keep a true and accurate record of the hours worked by each employee and of the wages paid. These records must be preserved for at least three years. Additionally, each employee must be furnished with a statement that clearly shows the date of the pay period, the hours, total earnings and itemized deductions with each payment of wages. An employer making payment by direct deposit or other means of electronic transfer shall provide each employee with an accurate record of the transfer, including the date of the pay period, the hours, total earnings and itemized deductions, when the transfer is made. If the record is provided in an electronic format, the employer shall provide a method by which the employee may have ready access to the information and print it without cost to the employee (Sec. 665(1), as amended by P.L. 89 (H. 673), L. 2005, enacted May 12, 2005).
POSTING
Every employer covered by Maine's overtime pay law must post a summary of the law, furnished by the Director of the Bureau of Labor Standards without charge, in a conspicuous place, in or about the premises where any person covered by the law is employed, or in a place accessible to its employees (Sec. 668).
PENALTIES
Any employer who violates Maine's overtime pay law will, on conviction, be punished by a fine of not less than $50 nor more than $200 (Sec. 671).
Discrimination.- An employer that discharges or in any other manner discriminates against an employee because the employee makes a complaint to the Director of the Bureau of Labor Standards or to the county attorney concerning a violation of Maine's overtime pay law will be punished by a fine of not less than $50 nor more than $200 (Sec. 671).
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