| MAINE |
| Quick Links |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Maine employers must give employees the opportunity to take an unpaid rest break of 30
consecutive minutes after 6 hours worked if 3 or more people are on duty. An employee
and employer may negotiate for more or less breaks, but both must agree (this should be
put in writing). According to federal law, if an employer grants a non-meal rest break
(usually 20 minutes or fewer), the break must be paid. Maine Rev. Stat. 26.7.601.
Maine employers must give employees the opportunity to take an unpaid rest break of 30
consecutive minutes after 6 hours worked if 3 or more people are on duty. An employee
and employer may negotiate for more or less breaks, but both must agree (this should be
put in writing). According to federal law, if an employer grants a non-meal rest break
(usually 20 minutes or fewer), the break must be paid. Maine Rev. Stat. 26.7.601.
Vacation
In Maine, employers are not required to provide employees with vacation benefits, either
paid or unpaid. Maine Dept. of Labor FAQs. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract.
See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. Maine Dept. of
Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining,
Inc., 524 A.2d 1208 (1987).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. Maine Dept. of Labor FAQs; See Rowell v.
Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208
(1987).
An employer may cap the amount of vacation leave an employee may accrue over time.
Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc.,
524 A.2d 1208 (1987).
In Maine, employers are not required to provide employees with vacation benefits, either
paid or unpaid. Maine Dept. of Labor FAQs. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract.
See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. Maine Dept. of
Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining,
Inc., 524 A.2d 1208 (1987).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. Maine Dept. of Labor FAQs; See Rowell v.
Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208
(1987).
An employer may cap the amount of vacation leave an employee may accrue over time.
Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc.,
524 A.2d 1208 (1987).
Severance
Maine law does not generally require employers to provide employees with severance pay.
Typically, if an employer chooses to provide severance benefits, it must comply with the
terms of its established policy or employment contract.
However, if an employer closes or relocates an industrial or commercial facility that has
employed 100 or more employees in the preceding 12 months must pay severance to
each affect employee. The severance for each employee must be paid at a rate of one
week's pay for each year the employee was employed at the facility. Maine Rev. Stat.
26.625-B.
Maine law does not generally require employers to provide employees with severance pay.
Typically, if an employer chooses to provide severance benefits, it must comply with the
terms of its established policy or employment contract.
However, if an employer closes or relocates an industrial or commercial facility that has
employed 100 or more employees in the preceding 12 months must pay severance to
each affect employee. The severance for each employee must be paid at a rate of one
week's pay for each year the employee was employed at the facility. Maine Rev. Stat.
26.625-B.
Holidays
Maine law does not require employers to provide employees with either paid or unpaid
holiday leave. Maine Dept. of Labor FAQs. In Maine, an employer can require an employee
1/2 times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Maine law does not require employers to provide employees with either paid or unpaid
holiday leave. Maine Dept. of Labor FAQs. In Maine, an employer can require an employee
1/2 times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
Maine's current minimum wage is $7.25. The rate will increase to $7.50 on October 1,
2009. Maine Rev. Stat. 26.7.664. Some exceptions apply to Maine's minimum wage
requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Maine, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Maine's current minimum wage is $7.25. The rate will increase to $7.50 on October 1,
2009. Maine Rev. Stat. 26.7.664. Some exceptions apply to Maine's minimum wage
requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Maine, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Maine requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. Maine
Rev. Stat. 26.664. See FLSA: Overtime for more information regarding overtime
requirements.
Maine requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. Maine
Rev. Stat. 26.664. See FLSA: Overtime for more information regarding overtime
requirements.
Sick Leave
Maine law does not require employers to provide employees with sick leave benefits, either
paid or unpaid. Maine Dept. of Labor FAQs. An employer in Maine may be required to
provide an employee unpaid sick leave in accordance with Maine's Family and Medical
Leave Requirements and the federal Family and Medical Leave Act or other federal laws.
Maine law does not require employers to provide employees with sick leave benefits, either
paid or unpaid. Maine Dept. of Labor FAQs. An employer in Maine may be required to
provide an employee unpaid sick leave in accordance with Maine's Family and Medical
Leave Requirements and the federal Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer may not discharge, penalize, threaten, deny health insurance coverage to, or
otherwise coerce an employee who receives and/or responds to a jury summons or who
serves on a jury.
Maine Stat. 14:1218
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer may not discharge, penalize, threaten, deny health insurance coverage to, or
otherwise coerce an employee who receives and/or responds to a jury summons or who
serves on a jury.
Maine Stat. 14:1218
