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:
The current minimum wage in Maine is $10.00 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $5.00. Salaried employees must be paid at least $455.00 per week.
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.
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 .
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.
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.
Maine Department of Labor
Wage & Hour Division
45 State House Station
Augusta, Maine 04333-0045
Phone: (207) 623-7900
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