Maine Department of Labor L aws G overning W orkplace R ights The Bureau of Labor Standards works professionally with its customers to continually improve workplace safety, health, and workplace rights.

Maine Department of Labor 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 2

Maine Department of Labor 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 3 Employment Records Employment Records (§622, §665)

Maine Department of Labor 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 4 Employment Posters

Maine Department of Labor 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 5 Minimum Wage Minimum Wage (§663, §664)

Maine Department of Labor Exempt – Agriculture – Camp Counsellors Or Junior Counsellors – Fishing – Dependent Family Members – Salaried Employees Exceptions For Automotive Industry – Salesperson – Mechanic – Parts Clerk – Service Writer 6 Minimum Wage Minimum Wage (§664)

Maine Department of Labor 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 7 Timely and Full Payment of Wages Timely and Full Payment of Wages (§ 621-A)

Maine Department of Labor 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 8 Unfair Agreements Unfair Agreements (§629, §635, §672)

Maine Department of Labor 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 9 Overtime Overtime (§664)

Maine Department of Labor 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 10 Overtime Limit Exceptions Overtime Limit Exceptions (§603, 3.)

Maine Department of Labor 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 11 Overtime Overtime (§664)

Maine Department of Labor 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 12 Cessation of Employment Cessation of Employment (§626)

Maine Department of Labor 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 13 Equal Pay Equal Pay (§628)

Maine Department of Labor Bureau Of Labor Standards 45 State House Station Augusta, Maine Phone: Fax: TTY: Maine Relay 711 Website: 14 Questions and Comments