Maine State Labor and Overtime LawsBelow is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Maine. Private actions to enforce Maine’s wage and hour laws, and recover unpaid overtime due to workers, are commonly brought (on a contingent fee basis) by employment law firms such as The Lore Law Firm. If you believe that you have been deprived of the overtime pay that you are legally entitled to, please contact us for a free and confidential review of your situation.
Effective October 1, 2009, minimum wage is $7.50 per hour
Minimum wage rate for tipped employees is $3.75. In order to use this tip credit, the employee must earn at least $30 per month in tips. If the employee’s tips and cash wages do not average at least the minimum hourly wage, the employer must make up the difference.
Overtime pay of time and a half is due after 40 hours of work per workweek.
Limits on Mandatory Overtime
Employees may not be required to work more than 80 hours of overtime in any consecutive 2 week period. Exceptions include salaried exempt employees, emergency and essential services, agricultural workers and others.
Nurses who have worked 12 mandatory hours may refuse to work additional hours and cannot be disciplined for refusing. They also must be allowed at least 10 hours off following any such period (with some exceptions).
The following employees are exempt from the Minimum Wage and Overtime regulations:
- Salaried executive, administrative or professional employees
- Certain commissioned sales employees
- Taxicab drivers
- Fishing employees
- Certain camp & recreational program counselors
- Agricultural employees
- Certain switchboard operators
- Home workers who make items for sale
- Dependent members of employer’s family
The following employees are exempt from the Overtime regulations only:
- Car salespeople, service writers, mechanics, and parts clerks who are paid commissions or on a flat-rate basis
- Perishable food and sardine processors
- Public employees, including police and fire departments
- Drivers and driver’s helpers who are exempt from overtime
- under Federal law are exempt from Maine’s overtime regulations:
- if the manner in which they are paid is reasonably equivalent to 1.5 times their regular hourly rate for hours worked over 40 in a work week.
- if they are covered by a collective bargaining agreement that regulates their rate of pay
- if their employer has a contract with the federal government or agency that sets the minimum hourly rate they will be paid.
Maine state labor laws do not require employers to provide paid holidays, sick leave, vacation or health insurance.
Employees who work 6 hours or more are entitled to an unpaid rest break of 30 minutes if 3 or more people are on duty. No other breaks are required.
Employers cannot take deductions for shortages, damages, customers or credit card errors.
Maine labor laws require payment of wages in regular intervals not exceeding 16 days. Payment must include all wages earned to within 8 days of the payment date.
Final Payment of wages
Under Maine state labor laws, employers are required to pay all earned wages on the next normal payday after terminations.
The statute of limitations for bringing Maine labor law claims is six (6) years – meaning back wages can be recovered from the time of the filing of a lawsuit going back 6 years in time.
Can my employer change my schedule, hours or rate of pay?
Maine state employment laws do not prohibit an employer from changing an employee’s hours or schedule. An employee’s pay rate can be lowered but not below minimum wage.