Maine Employment and Labor Law Updates 2023


December

There were no employment and/or labor bills that were enacted that were identified.


November

There were no employment and/or labor bills that were enacted that were identified.


October

There were no employment and/or labor bills that were enacted that were identified.


September

There were no employment and/or labor bills that were enacted that were identified.


August

There were no employment and/or labor bills that were enacted that were identified.


July

Public Sector Labor Unions

Bill

House Bill 1033 (2023-2024: Special Session)

Summary

Provides public sector labor unions reasonable access to information regarding employees.

Enacted

07/2/2023

Effective Date

10/25/2023

Topics

Industry: Public_employer


Temporary Nurse Agencies

Bill

Senate Bill 205 (2023-2024)

Summary

Provides that a temporary nurse agency shall ensure that each employee the agency assigns or refers to a health care facility for a position meets the State and federal qualification requirements for that position and has the appropriate work experience for that position; provides that a person or business entity that operates a temporary nurse agency and fails to meet specified requirements violates the Maine Unfair Trade Practices Act; appropriates funds to the Department of Health and Human Services.

Enacted

07/26/2023

Effective Date

10/25/2023

Topics

Employer_Obligations: Recordkeeping, Reporting_required; Employment_relations: Hiring, Nurse, Permanent_employees, Temporary_employees; Industry: Hiring_agency


Fund Collective Bargaining Agreements

Bill

House Bill 1299 (2023-2024: Special Session)

Summary

Funds collective bargaining agreements with executive branch employees; provides that salary schedules for the executive branch employees in bargaining units represented by the American Federation of State, County and Municipal Employees, the Maine State Troopers Association, the Maine State Law Enforcement Association, the Maine Service Employees Association, the Fraternal Order of Police and any other certified bargaining representative must be adjusted consistent with agreements ratified by certain date.

Enacted

07/10/2023

Effective Date

07/10/2023

Topics

Industry: Public_employer


Maine Forest Workers’ Right to Work

Bill

Senate Bill 758 (2023-2024: Special Session)

Summary

Supports Maine Forest Workers’ Right to Work in Maine by Improving Labor Standards; relates to Forest certification programs.

Enacted

07/04/2023

Effective Date

To be determined.

Topics

Industry: Forestry, Govt_contractor, Logging


June

Federal Davis Bacon Act

Bill

House Bill 915 (2023-2024)

Summary

Requires that, in addition to other determinations, the Department of Labor, Bureau of Labor Standards investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in the state by collecting a third set of data for the job classification under the Federal Davis Bacon Act.

Enacted

06/27/2023

Effective Date

To be determined.

Topics

Industry: Construction_service; Wage_and_Hour: Prevailing_wage


Operation of Construction Cranes and Elevators

Bill

House Bill 1098 (2023-2024: Special Session)

Summary

Defines construction hoist and requires the Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation to adopt rules regarding the proper operation of construction hoists and training requirements for construction hoist operators; provides that, after the rules are adopted, a person may not operate a construction hoist except as in accordance with the rules.

Enacted

06/26/2023

Effective Date

To be determined.

Topics

Claims_and_Penalties: Civil_penalty, Fines; Employment_relations: Crane_operator, Elevator_operator, Hiring; Industry: Contractor, Subcontractor


Maine Equal Pay Law

Bill

House Bill 1092 (2023-2024: Special Session)

Summary

Provides that an employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility; adds to that law a provision that an employer may not discriminate between employees in the same establishment on the basis.

Enacted

06/22/2023

Effective Date

To be determined.

Topics

Prohibited_Practices: Equal_pay, Race, Sex


Tribal Governments for Basic Training

Bill

House Bill 150 (2023-2024)

Summary

Compensates tribal governments for basic training for a law enforcement officer hired by another government agency.

Enacted

06/21/2023

Effective Date

To be determined.

Topics

Industry: Public_employer


Hazardous Occupations for Minors

Bill

Senate Bill 137 (2023-2024)

Summary

Examines hazardous occupations for minors; proposes to examine hazardous occupations for minors.

Enacted

06/20/2023

Effective Date

To be determined.

Topics

Wage_and_Hour: Child_labor


Bargaining Agents for Public Sector Unions

Bill

Bill 784 (2023-2024: Special Session)

Summary

Allows a specified number of bargaining agents who are certified by the executive director of the State Labor Relations Board and who are members or affiliates of the same public employee organization to merge; requires bargaining agents seeking to merge shall file with the executive director of the board, or a designee, a petition describing the proposed merger.

Enacted

06/20/2023

Effective Date

To be determined.

Topics

Industry: Public_employer


Parity in Tipping Laws for Restaurant Workers

Bill

House Bill 559 (2023-2024)

Summary

Establishes Parity in Tipping Laws for Restaurant Workers; relates to Tip pooling; provides that the tip pooling arrangement is only among service employees when the employer uses the tip credit; provides that the tip pooling arrangement is among a group of employees when the employer pays all employees in the group the minimum hourly wage and does not use the tip credit.

Enacted

06/15/2023

Effective Date

06/29/2023

Topics

Federal_Laws: FLSA; Wage_and_Hour: Minimum_wage, Tip_pools, Tips


Right to Know Advisory Committee

Bill

House Bill 892 (2023-2024)

Summary

Implements the recommendations of the Right to Know Advisory Committee related to records of disciplinary actions against public employees; provides that disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline and the decision must state the conduct or other facts on the basis of which disciplinary action is being imposed and the conclusions of the acting authority as to the reasons.

Enacted

06/12/2023

Effective Date

To be determined.

Topics

Industry: Public employer


May

Regular Wages

Bill

Senate Bill 515 (2023-2024)

Summary

Exempts members of the employers family and salaried employees from the requirement that an employer pay in full at regular intervals all wages earned by an employee; removes the exemption for salaried employees from the requirements relating to the rate of pay and records regarding time worked; adds s corporations and limited liability partnerships to the exemptions from the requirements.

Enacted

06/01/2023

Effective Date

06/29/2023

Topics

Employer_Obligations: Notice, Recordkeeping; Wage_Payment: Pay_frequency; Wage_and_Hour: Exemptions, Wage_change


Licensed Veterinarian

Bill

House Bill 457 (2023-2024)

Summary

This bill prohibits an employer from requiring or permitting an employee who is a licensed veterinarian to enter into a noncompete agreement unless the employee has an ownership interest in the business and provides that a court may not enforce such a noncompete agreement entered into prior to the effective date of this legislation.

Enacted

06/01/2023

Effective Date

06/29/2023

Topics

Agreements: Covenant_not_compete, Non-compete; Employment_relations: Veterinarian


April

Employee Severance Pay Due

Bill

House Bill 16 (2023-2024)

Summary

Concerns current law regarding employee severance pay due to the closing, substantial shutdown or relocation of a covered establishment applies only to industrial and commercial facilities; this bill removes that limitation, making the law applicable to sectors that are not within the industrial or commercial category.

Enacted

05/08/2023

Effective Date

06/29/2023

Topics

Employment_relations: Mass_layoff, Relocation; Industry: Closed_employer, Large_employers; Wage_Payment: Severance


Background Checks

Bill

House Bill 139 (2023-2024)

Summary

Clarifies state law regarding background checks for the Office of Child and Family Services; provides for criminal history record checks for employees of children’s residential care facilities, emergency children’s shelters, shelters for homeless children and transitional living programs.

Enacted

04/24/2023

Effective Date

06/29/2023

Topics

Industry: Public_employer


March

There were no employment and/or labor bills that were enacted that were identified.


February

There were no employment and/or labor bills that were enacted that were identified.


January

There were no employment and/or labor bills that were enacted that were identified.

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