Filing a Wage and Hour Claim – Maine
Does Maine have state overtime laws that are different from federal law?
Under Maine law, an employer may not require an employee to work more than 40 hours in any one week unless one and one-half times the employee’s regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week.
The following employees are exempt from Maine’s overtime requirement:
- Employees of hotels and motels
- Automobile mechanics, automobile parts clerks and automobile salesmen
- Public employees, except those employed by the executive or judicial branch of the State
- Employees of restaurants and other eating establishments
- Employees engaged in the canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of agricultural produce, meat and fish products, and perishable foods, except that individuals employed, directly or indirectly, for or at an egg processing facility that has over 300,000 laying birds must be paid overtime
Does Maine have a minimum wage that is different from federal law?
The current minimum wage in Maine is $7.50 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $3.75. Salaried employees must be paid at least $455.00 per week.
Does Maine have meal and rest break requirements, unlike federal law?
In a business with three or more employees, employees must be given a break of at least 30 minutes for every six hours they work, with certain limited exceptions. An employee and employer may negotiate for more or less breaks, but both must agree (this should be put in writing). No coffee, bathroom, or smoking breaks are required.
How do I file a wage/hour or labor standards claim in Maine?
The Maine Department of Labor, Wage and Hour Division enforces state laws and investigates complaints pertaining to wage claims. An employee who is denied wages due can call 624-6400 (TTY: 1-800-794-1110) to talk with a wage and hour representative.
A helpful employees’ rights guide is available on the Department’s website at http://www.state.me.us/labor/labor_laws/publications/employeerightsguide.html .
What are my time deadlines?
If you have a wage/hour complaint, do not delay in contacting the Wage and Hour Division or an attorney. There are strict time limits in which wage claims must be filed.
How can I or my attorney pursue a claim in court in Maine?
Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable, as well as liquidated damages in an additional equal amount of the unpaid wages.
State Labor Agency
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
© 2015 Workplace Fairness