Maine Wage and Hour Law

Although the Fair Labor Standards Act (FLSA) has numerous provisions to protect United States employees concerning overtime, minimum wage, and break periods, individual states may provide their own legislation concerning these areas. An employee is usually guaranteed the legal protection that provides the highest benefit. Maine labor laws provide more extensive and specific protection to certain employees.

Overtime Pay in Maine

The Federal government has legislated that any hours worked over 40 in a workweek are considered overtime for non-exempt employees. Maine overtime law is in accordance with this statute. Overtime pay is calculated at 1.5 times your regular rate of hourly pay. Maine law also proscribes that most employees may not be subjected to mandatory overtime in excess of 80 hours in a consecutive 2-week period.

Maine employment law does not allow employers to average more than one workweek together in order to calculate overtime. In a discrete workweek, that is, seven consecutive 24-hour periods, any hours worked in excess of 40 are compensable for overtime, irrespective of hours worked in previous or future weeks. This includes many employees who are paid on a salary basis. If you have overtime compensation owed to you for past hours worked, you may be able to recover those wages if you take legal action before the statute of limitations expires.

Minimum Wage in Maine

The minimum wage in the state of Maine is currently higher than the Federal minimum wage; $7.50 an hour for the former, $7.25 an hour for the latter. The law is slightly different for salaried employees:

Salaried employees in Maine must be compensated at least $455 a week, regardless of hours worked, unless a full day or more of scheduled work is missed as an unpaid personal day or they take days off for illness covered under an outside sick leave program. Partial-day absences may not be deducted from an employee's paycheck. Commissions and bonuses do not factor into this legal minimum. Salaried employees that are considered to be in executive, administrative, or professional positions are exempt from guaranteed overtime compensation. If you are exempt from overtime compensation, consistent and improper deductions from your paycheck will result in the loss of exemption. This employer behavior generally suggests that there was no intent to pay you salary wages. Your employer will then be required to compensate you for overtime.

Tipped employees are entitled to minimum wage as well. Your wages may count toward achieving this minimum wage, but can only cover up to 50% of it. The other half, or more, if the wages are not sufficient to cover $3.75 an hour, must be covered by your employer.

Lunch Breaks in Maine Labor Law

Most employees working shifts of six consecutive hours or more are entitled to a 30-minute, uninterrupted rest period. Exceptions to this include:

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