Maine Department of Labor L aws G overning W orkplace R ights The Bureau of Labor Standards works...
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Maine Department of Labor
Laws Governing Workplace
Rights
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 Labor2
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
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Maine Department of Labor3
• 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
Employment Records (§622, §665)
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Maine Department of Labor4
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
Employment Posters
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Maine Department of Labor5
• 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
Minimum Wage (§663, §664)
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Maine Department of Labor6
• Exempt– Agriculture– Camp Counsellors Or Junior Counsellors– Fishing– Dependent Family Members– Salaried Employees
• Exceptions For Automotive Industry– Salesperson– Mechanic– Parts Clerk– Service Writer
Minimum Wage (§664)
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Maine Department of Labor7
• 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
Timely and Full Payment of Wages (§ 621-A)
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Maine Department of Labor8
• 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
Unfair Agreements (§629, §635, §672)
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Maine Department of Labor9
• 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
Overtime (§664)
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Maine Department of Labor10
• 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
Overtime Limit Exceptions (§603, 3.)
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Maine Department of Labor11
• 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
Overtime (§664)
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Maine Department of Labor12
• 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
Cessation of Employment (§626)
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Maine Department of Labor13
• 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
Equal Pay (§628)
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Maine Department of Labor14
Bureau Of Labor Standards45 State House Station
Augusta, Maine 04333-0045
Phone: 207-623-7900Fax: 207-623-7934
TTY: Maine Relay 711Website: http://www.maine.gov/labor/bls/
Questions and Comments