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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.

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Presentation on theme: "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."— Presentation transcript:

1 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.

2 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

3 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)

4 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 http://www.maine.gov/labor/posters/index.html 4 Employment Posters

5 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)

6 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)

7 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)

8 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)

9 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)

10 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.)

11 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)

12 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)

13 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)

14 Maine Department of Labor Bureau Of Labor Standards 45 State House Station Augusta, Maine 04333-0045 Phone: 207-623-7900 Fax: 207-623-7934 TTY: Maine Relay 711 Website: http://www.maine.gov/labor/bls/http://www.maine.gov/labor/bls/ 14 Questions and Comments


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