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Published byAndra Day Modified over 9 years ago
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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 workplace safety, health, and workplace rights.
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Maine Department of Labor Overview of Major Provisions Employee Misclassification Employee vs Independent Contractor Labor Leave Laws Breaks Child Labor Hazardous Occupations Public Sector Enforcement SafetyWorks! 2
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Maine Department of Labor Hourly Rate Piece Rate Commissions Shift Differentials On-Call Pay Day Rate Discretionary Vs. Non-Discretionary Bonuses – All Earnings Paid For Services Performed While “Suffered Or Permitted To Work” 3 Types of Wages
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Maine Department of Labor Determinations Under Unemployment Tax Division And Workers Compensation Of DOL Services Performed Are Considered Employment Independent Contractor (All Must Apply) – Individual Is Free From Employer Control – Individual Is Independently Engaged In Business – Individual Has Opportunity For Profit And Loss – Individual Hires Employees – Individual Provides Services To Others 4 Employee Misclassification
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Maine Department of Labor Independent Contractor: (At Least Three Must Apply) – Individual’s Investment In Business – No Exclusive Work Requirement – Contractually Obligated To Complete Work – Contractual Rights For Termination Of Work – Payment For Work Performed – Work Is Outside Usual Course Of Business – IRS Determines Independent Contractor Status Fines And Penalties – Not Less Than $2,000 And Not More Than $10,000 5 Employee Misclassification
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Maine Department of Labor Up To 10 Work Weeks In Any Two Years Coverage And Eligibility – Who Are Covered Employers? – Who Is An Eligible Employee? Family Medical Leave Requirements – Entitlement Of Leave Notification Certification Restoration 6 Family Medical Leave “FMLA” Family Medical Leave “FMLA” (§843-§845 )
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Maine Department of Labor Leave May Be Taken For A Serious Health Condition – Of Employee – For Domestic Partner – For Employee’s Immediate Family – For Domestic Partner’s Immediate Family Leave May Be Taken For – Birth Or Adoption Of A Child – Organ Donation Or Transplant – Death Of Family Member 7 Family Medical Leave “FMLA” Family Medical Leave “FMLA” (§843-§845 )
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Maine Department of Labor Unpaid Leave Intermittent Or Reduced Schedule – Not Required For Birth Or Adoption – If Foreseeable Leave Employee Benefits Protection Discrimination Or Dismissal Mediation May Require Private Rights Of Action 8 Family Medical Leave “FMLA” Family Medical Leave “FMLA” (§843-§845 )
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Maine Department of Labor Nursing Mother’s Must Be Allowed – Opportunity To Express Breast Milk For Child – Employer Requirements Provide Unpaid Break Time Permit Employee To Use Paid Break Time Permit Employee To Use Meal Time Provide Clean Location, Other Than Bathroom May Not Discriminate 9 Nursing Mothers Nursing Mothers (§604)
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Maine Department of Labor Entitlement Of Military Leave In Response To State Or Federal Orders – The Employee Shall Give Reasonable Notice Reinstatement Required Family Military Leave – 15 Or More Employees – A Request By An Employee ) – Shall Provide Up To 15 Days Of Leave 10 Military Leave Military Leave (§811)
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Maine Department of Labor Employees Must Be Offered A Break – After Six Consecutive Hours Worked – Must Have At Least 30 Consecutive Minutes Of Relief From Duties – May Be Used As A Mealtime – May Be Paid Or Unpaid Time Exceptions – Does Not Apply To Emergency Situations – Does Not Apply To Small Business Three Or Fewer Employees 11 Rest Breaks Rest Breaks (§ 601)
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Maine Department of Labor Youth Under 18 Years Of Age – Hazardous, Dangerous, Or Injurious To Minor – State Child Labor Provisions – Federal Provisions Under The FLSA Exceptions – Educational Instruction – Cooperative Education Programs – Student Learners – Junior Firefighter Programs 12 Child Labor Child Labor (§ 771-785)
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Maine Department of Labor Employment For Youth 16 & 17 Years Of Age – School Is In Session Up To 24 Hours In A Week Up To Six Hours A Day No More Than Six Consecutive Days – School Is Not In Session No More Than 50 Hours In A Week No More Than 10 Hours A Day – Time Of Day Restrictions 13 Child Labor Child Labor (§ 771-785)
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Maine Department of Labor Youth Under 16 Years Of Age May Not Be Permitted To Work In – Manufacturing Establishment – Hotel Or Rooming House – Laundry Or Dry Cleaning (Except Automatic Laundries) – Bakery – Poolroom – Commercial Places Of Amusement – Game Or Show That Allows Betting – Overnight Away From Home 14 Child Labor Child Labor (§ 771-785)
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Maine Department of Labor Employment For Youth Under 16 – School Is In Session Up To 18 Hours In A Week Up To Three Hours A Day No More Than Six Consecutive Days – School Is Not In Session No More Than 40 Hours In A Week No More Than Eight Hours A Day – Time Of The Day Restrictions 15 Child Labor Child Labor (§ 771-785)
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Maine Department of Labor Job Offer Starts The Work Permit Process For Youth Under Age 16 Pre-authorization From Local Superintendent Approved Or Denied By DOL – Penalties On Employer (Civil Violation With Fines) – Fines Against Minor’s “Parent” – Fines Against Superintendent – Fines Against Authorized Agent 16 Work Permit Work Permit (§775)
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Maine Department of Labor Applies To All Private And Public Employers – Youth Under 14 Years Of Age May Only Work For Their Parent Owned Business Under FLSA. Records Of Hours Worked – Exceptions – Accurate Time Records Penalties Fall On Employers 17 Child Labor Child Labor (§ 771-785)
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Maine Department of Labor 18 Workplace Safety and Health Are Your Employees Safe?
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Maine Department of Labor Respirator Protection Hazard Communication PPE Assessment Electrical Bloodborne Pathogens Lockout / Tagout Work Zone Traffic Control Emergency Action Plans 19 Most Frequently Cited Violations
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Maine Department of Labor Federal Register-August 5, 2015 Little Change For The State – More Reporting – More Training – Abatement dates 60-days SafetyWorks! – Still Honor 6-Months Exemption (SW Umbrella) – Same Consultative Services – Onsite Consultation – Onsite Training 20 23(g) State Plan Public Sector Only
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Maine Department of Labor Smart Board Three Projectors Two Cameras (3rd in lab) – Adobe Connect – MEMA Seating for 48 (Classroom) Adjacent Lab 2014-2000 Attendees Multiple Agencies 21 SafetyWorks! Training Institute
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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/ 22 Questions and Comments
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