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.
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
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)
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
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)
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)
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)
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)
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)
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.)
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)
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)
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)
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