Maine Minimum Wage Law
Starting October 1, 2009, the minimum hourly wage is $7.50 per hour. If the highest federal minimum wage is increased in excess of the minimum wage in effect under Maine Law, the Maine minimum wage is increased to the same amount, effective on the same date as the increase in the federal minimum wage.
Maine Tip Credit Minimum Wage
An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the minimum hourly wage established in this section. An employer who elects to use the tip credit must inform the affected employee in advance and must be able to show that the employee receives at least the minimum hourly wage when direct wages and the tip credit are combined. Upon a satisfactory showing by the employee or the employee’s representative that the actual tips received were less than the tip credit, the employer shall increase the direct wages by the difference.
The tips received by a service employee become the property of the employee and may not be shared with the employer. Service employees may volunteer to pool their tips to be split among other service employees or may volunteer to share a part of their tips with other employees who do not generally receive tips directly from customers. Tips that are automatically included in the customer’s bill or that are charged to a credit card must be given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company.
Rest Breaks
In the absence of a collective bargaining agreement or other written employer-employee agreement providing otherwise, an employee, may be employed or permitted to work for no more than 6 consecutive hours at one time unless he is given the opportunity to take at least 30 consecutive minutes of rest time, except in cases of emergency in which there is danger to property, life, public safety or public health. This rest time may be used by the employee as a mealtime.
The rest breaks law does not apply to any place of employment where: (1) Fewer than 3 employees are on duty at any one time; and (2) The nature of the work done by the employees allows them frequent breaks during their work day.
Maine Overtime Law
Under Maine Overtime Law, an employer may not require an employee to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week. The regular hourly rate includes all earnings, bonuses, commissions and other compensation that is paid or due based on actual work performed and does not include any sums excluded from the definition of “regular rate” under the Fair Labor Standards Act, 29 United States Code, Section 207(e).
To learn more about Maine Wage and Hour Law and Maine Overtime Law visit the Maine Department of Labor at http://www.maine.gov/labor/labor_laws/wagehour.html
