This FAQ document is considered general guidance and is not to be considered an official statement in place of legal positions. Employers within Maines earned paid leave law could be required to allow employees to take sick leave. With Alex Stern. Payments that fall on a day when the business is regularly closed must be paid no later than the following business . Notice to employees and municipality., 7. See 26 MRS 663.3 for specific exemptions from the state minimum wage. ME Statute 26:637 Beginning on January 1, 2023, this includes requiring employers to pay employees for all accrued but unused paid vacation leave when an employee ceases to work for the employer regardless of the reason including resignation, termination, or layoff. Project appointees do not receive any form of holiday compensation. Definitions., [PL 2019, c. 156, 3 (NEW); PL 2019, c. 156, 4 (AFF). On May 28, 2019, Maine Governor Janet Mills (D) signed into law a groundbreaking new statute requiring Maine employers (even small businesses) to provide paid time off beginning January 1, 2021. Toll-Free: 1-800-593-7660 (Customer service available Mon-Fri, 8:00 a.m. to 3:00 p.m.), TTY/Relay for Deaf and hard of hearing: Maine relay 711. 625-B. Severance pay due to closing, substantial shutdown or Fluctuating workweek overtime pay agreements are a way to comply with overtime requirements. Amy Cann is a licensed attorney in Maine and New Hampshire and a member of McLane Middletons Employment Law practice group. Employers should audit jurisdictions where they have locations ahead of 2021 in order to remain complaint. The hearing was particularly timely, because the U.S. is facing intensifying urgency to stop the worsening fentanyl epidemic. To kick off the New Year, employers with 11 or more employees working in Maine will need to review their policy related to the handling of accrued yet unused paid vacation at the end of employment. Also, they must follow any terms established in employment contracts for holiday leave. Home Labor LawsFrequently Asked Questions. Center for Workforce Research and Information. $1. Pay employees for unworked hours on holidays. Suits by, or on behalf of, employees., 5. Reporting.. employee is considered a service employee under this subsection must be increased by the They are printable and provided at no cost. The severance for each employee must be paid at a rate of one weeks pay for each year the employee was employed at the facility. For assistance with workplace sexual harassment or illegal discrimination, contact the Maine Human Rights Commission at 624-6290. Oregon Holidays: What you need to know. Effective January 1, 2021, Service employee means any employee engaged in an occupation in which the employee customarily and regularly receives more than: A. Payment due at regular intervals not to exceed 16 days. The employees salary is meant to cover all hours worked in the week at straight time. 225 , "An Act Regarding the Treatment of Vacation Time Upon the Cessation of Employment," which amends Maine's final wage statute to require the payout of unused, accrued vacation time upon separation for Maine employees (the "Act"). Employers can cap the amount of accrued vacation employees are entitled to. Exception., 12. In one of the more unique types of leave laws, Maine allows employees to take paid leave for any reason. Rate., 5. Also, employees must be paid the standard minimum wage rate when combining tips and tipped wages. The Maine DOL should hopefully provide guidance on the relationship between the amended final wages statute and the EPL law. PDF Maine Labor Laws Frequently Asked Questions Employees who are covered by collective bargaining are referred to their Collective Bargaining Agreement for a list of paid holidays. In Maine, employers arent obligated to pay employees for attending a jury summons. Bankruptcy proceedings., 4. Final wages, now including unused, accrued vacation, must be paid to terminated employees no later than the next established payday. As such, if an employee is scheduled to work a certain day, but is not given their normal wage hours as the result of a holiday, the employer may pay their employee a full day's . Maine employers with 10+ employees could be required to pay employees for paid leave. The 2023 Holiday Schedule is issued under the provisions of Chapter 11 of the State of Maine Civil Service Rules and the Benefit Package for Confidential Employees. Maine's governor recently signed H.P. Employers can limit scheduling of earned paid leave (outside emergencies) so as to not place an undue hardship on the business. moosemountainpark.com. Limits on mandatory overtime. The GovDocs Poster Store simplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. State Payday Requirements | U.S. Department of Labor Agency human resource representatives should be consulted regarding overtime considerations. Mitigation of severance pay liability., 3-A. DOC Holidays, Leaves Of Absence And Related Compensation Practices - maine.gov This equates to $12.75 an per hour (which must be at least the State Minimum Wage). Earned paid leave. Employers may not discriminate against employees who choose to express breast milk in the workplace. PL 2019, c. 156, 3 (NEW). An employer that employs more than 10 employees in the usual and regular course of business for more than 120 days in any calendar year shall permit each employee to earn paid leave based on the employee's base pay as provided in this section. 12.5 Holidays | Bureau of Human Resources - Maine Platform. Tips belong to the employee providing the service to the customer. B. No matter where you work across Maine state government, you find employees who embody our state motto"Dirigo" or "I lead"as they provide essential services to Mainers every day. Visit the Bureau of Labor Standards Earned Paid Leave web page for more information. Produced by Shannon Lin , Rikki Novetsky , Michael Simon Johnson and Summer Thomad. Employers are liable to pay separating employees any earned, unused vacation time. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). DOL: Breaks and Meal Periods. Exceptions in the vacation payout apply to employers with 10 or fewer employees, public employers, and employers with a collective bargaining agreement (CBA) already addressing the payment of vacation pay at termination. A-1. Effective January 1, 2022, Minimum wage is $12.75 per hour. Preemption., 10. Employees may sue to recover unpaid final wages and court costs, including attorney fees equal to 25% of the unpaid wages. Suite 400 The minimum salary amount must be at least $735.59 per week as of January 1, 2022. Employers found in violation of this law are liable for the amount of unpaid wages and vacation pay as well as a reasonable rate of interest, liquidated damages equal to twice the amount of those unpaid wages and vacation pay, and the costs of suit, including a reasonable attorneys fee. While originally celebrated on April 19th of each year (as April 19, 1775 was the date of the battles), it's now celebrated on the third Monday in April. MDOL: Overtime Rule Changes that Apply to Maine Employers Health Insurance Coverage - The State of Maine pays 85%-100% of employee-only premiums Holiday Schedule An employer may not discriminate against an employee because of: If you feel your employer has discriminated against you based on one of these reasons, you should contact the Maine Human Rights Commission at 624-6290. These new provisions also apply when a company sells its business under a separate part of the statute, treating a sale of a business the same as any other cessation of employment.. Info: Email Kathe Beem . The increase in the cost of Amended Maine Law Will Require Vacation Payout When Employment Ends PL 2003, c. 624, 1 (AMD). With Maines paid leave law going into effect Jan. 1, 2021, it will be interesting to see if other jurisdictions keep an eye on how its implementation unfolds. [PL 2015, c. 417, 1 (AMD).] Each payment must include all wages earned to within 8 days of the payment date. However, if an employer closes or relocates an industrial or commercial facility that has employed 100 or more employees in the preceding 12 months, it must pay severance to each affect employee. A few other notable points about vacation leave in Maine include: Visit our Maine vacation leave information page to learn more about vacation leave in Maine. These employees are paid a predetermined fixed amount regardless of the hours worked. Rules., 11. Major benefits are briefly described below (Note: Benefits may vary somewhat according to administrative units and specific collective bargaining agreements.). 160 - L.D. These benefits are generally a matter of agreement between an employer and an employee (or the employee's representative). Vacation leave accrual increases with years of service, and overtime-exempt employees receive personal leave. State HR Professionals The amended law also treats actions for unpaid accrued vacation the same as actions for any other unpaid wages. Maine - Replicon Health Insurance Coverage The State of Maine pays 85%-100% of employee-only premiums (10,150.80-$11,942.16annual value), depending on salary. Maine employers are required to pay most hourly employees via a regular payday, scheduled at minimum semimonthly. Penalties., 9. With the COVID-19 pandemic making paid leave laws even more prevalent in the public square, more lax paid leave laws, in terms of employee use, could be on the horizon. Maine Leave Laws - ELH / HR4Sight - Employment Law Handbook The dates for observing Maine State Government holidays are the dates of observance established by law for the Maine courts (4 MRSA, 1051). How Much Is Holiday Pay In Oregon? - PartyShopMaine - Party Specialists State Laws Federal Laws Topics Articles Resources, Consumer Price Index for Urban Wage Earners and Clerical Workers, McNamara-OHara Service Contract Act (SCA), in cases of emergency where there is danger of property, life, public safety or public health; or, fewer than three (3) employees are on duty at any one time; and. Drug deaths nationwide hit a record 109,680 in 2022, according to . or its successor agency, with the amount of the increase rounded to the nearest multiple of When employees receive tips, they are considered their property and cannot be shared with employers.Visit our Maine minimum wage information page to learn more about minimum wage in Maine. The Revisor's Office cannot provide legal advice or June 20, 2023 / by Kris Janisch What Employers Need to Know About Paid Leave. Private employers may establish policies or practices granting employees time off on any of the listed holiday or agree to pay premium wage rates to employees who work on those days. ME Statute 26.664. All earned wages are due on the next regularly scheduled payday after the termination of employment. Get The 2023 Maine HR Law Reference Guide (Printable PDF) today! Suits by the director., 6. Federal Government And State Holidays In The USA In 2022 Hosted by Natalie Kitroeff. Maine State Holidays - ELH / HR4Sight - Employment Law Handbook Working on a Holiday Employers must pay accrued vacation if a policy or contract requires it. Any legal holiday falling on a Saturday is observed on the preceding Friday. Earned paid leave., 3. The implications of holiday time with respect to the computation of overtime vary among bargaining units. PL 1989, c. 502, A106 (AMD). Bernalillo County, N.M., and Nevada also have paid leave that can be used for any reason. If a holiday falls on a Sunday, it is observed on the following Monday. June 12, 2019. See the Maine Prevailing Wages, Davis-Bacon and Related Acts, McNamara-OHara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages. Applicants must be continually available and able to work. Employers must continue to comply with the requirements around allowable deductions at the end of employment, such as loans or advances against future earnings or wages. Subchapter 2: WAGES AND MEDIUM OF PAYMENT, "Eligible employee" includes an employee who has voluntarily quit employment at a covered establishment to take a new job within a 30-day period prior to the date set by the employer for a closing or mass layoff in an initial notice provided by the employer under state or federal law. The blog is a timely resource that addresses some of the most troublesome employment law issues for business owners, human resource professionals, other legal professionals, policy makers, and the media. Product Scheduling Time clock Timesheets Payroll Hiring & onboarding Team communication Employee happiness HR & compliance Integrations Mobile App Customers Food & beverage Retail Beauty & wellness Medical & veterinary PL 2019, c. 156, 4 (AFF). Like Maine, the majority of states have labor law regulations that require employers to pay employees on regularly scheduled paydays with a certain minimum frequency. C. Beginning January 1, 2023, $175 a month in tips. Other than an emergency, illness or other sudden necessity, employers may have a policy that requires up to four weeks of notice for an employees intent to use paid leave. For calendar year 2022, New Years Day (January 1) falls on a Saturday and will be observed on Friday, December 31, 2021; Juneteenth (June 19th) falls on a Sunday and will be observed on Monday, June 20, 2022; and Christmas Day (December 25) falls on Sunday and will be observed on Monday, December 26, 2022. The changes take effect July 19, 2022. Where: Val Halla Golf Course, 60 Val Halla Road, Cumberland Center. There is no limit in the Act on the number of hours employees aged . Teachers and highly skilled computer staff may also be paid as exempt-salaried employees. Data for this page extracted on 9/28/2022 08:27:44. And you can help, too. An employee who is required to work on any of these days will be granted compensatory time off at the mutual convenience of the employer and employee. Unlike federal institutions, private employers are not required to pay their employees on holidays. Employees who are on unpaid leave of absence are not entitled to holiday compensation (there is a limited exception for employees on voluntary unpaid leave either before or after a holiday, but not both). Check out these weird laws in Maine and make sure you're not breaking any! State Lunch and Break Law Requirements in Maine - Labor Law Education With these amendments to the final wages statute, employers with Maine operations should monitor the ME DOL site for updates to its EPL rules and FAQs. The law requires certain businesses to provide paid time off benefits to their employees, subject to various conditions. The Employment Law Business Guide is a blog published by McLane Middletons Employment Law Practice Group. Original music by . PL 1979, c. 663, 157 (NEW). No. The minor submits the completed form to their area superintendent with the job offer and parental signature sections completed. If the employer is going to mail the check, then the check must be mailed so that it reaches the employees actual address no later than the established payday. 160 - L.D. Recently, Governor Janet Mills of Maine signed H.P. Accrual., 4. Following its spring 2019 passage, Maines paid leave law goes into effect Jan. 1, 2021. For exceptions see 26 MRS 771:Minors under 14 years of age. State Laws Federal Laws Topics Articles Resources, Martin Luther King, Jr. Day (3rd Monday in January), Washingtons Birthday (3rd Monday in February), Thanksgiving Day (4th Thursday in November). Dental Insurance The State of Maine pays 100% of employee-only dental premiums ($350.40 annual value). PTO Payout Laws by State 2023 - Paycor Most employment is "at-will," which means an employer may hire or fire at will and an employee may decide to work or not work for a company at will. More detail can be found in Federal Law under. ME Statute 26:604. Additionally, by virtue of these amendments, Maine likely will become the first jurisdiction in the United States with a generally applicable mandatory job-protected paid leave law to require a payout when employment ends. PDF Maine Labor Laws Frequently Asked Questions Applicants must have lost their job through no fault of their own. Subchapter 2: WAGES AND MEDIUM OF PAYMENT. Please check theMaine Wage and Hour Division Rules for specific guidance. The second type is for employees (commonly referred to as exempt) whose primary job duties meet the Executive, Administrative or Professional exemptions established in 26 MRS 663 (K). Maine Labor Law Breaks. New Maine Vacation Payout Law Effective on January 1, 2023 Special note: Exemptions from federal minimum wage may differ. Private employers in Maine are not required to close on any of the listed holidays. Expected to impact 85 percent of workers in Maine, the paid leave law applies to employers with more than 10 workers (seasonal excluded) employed for more than 120 days any calendar year. ], [PL 2009, c. 305, 1 (AMD); PL 2009, c. 305, 5 (AFF). Mass layoff.. A private employer does not have to pay an employee premium pay, such as 1 times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. Visit our Maine voting leave page to learn more about voting leave in Maine. An employee who is denied payment on the established payday can call 623-7900 to talk with a Wage and Hour representative. 12.5 Holidays. PL 2015, c. 417, 1 (AMD). with GovDocs Labor Law News. Maine employers are not required to offer their employees paid or unpaid time off to vote. 1-888-273-3274. That can mean significant impacts to expenses or a reduced workforce, depending on employer size. A. Additionally, they cannot threaten, penalize, or terminate employees for serving on a jury. 3. Effective January 1, 2022, Minimum wage is $12.75 per hour. Number of courts: 4. Disability Preference in Job Applications. Pay premium pay to employees who work on holidays. Non-status, Acting Capacity, and Project employees do not receive the same holiday benefit as other state employees. The payout requirement will not apply to public employers. As of January 1, 2022, the new minimum salary requirement is $735.59 per week. Disability Preference in Job Applications. Major Policy Advances for Maine Children and Youth index, as published by the United States Department of Labor, Bureau of Labor Statistics ], 2. Maine Labor Law | Guide To Wages And Unemployment In ME In a fluctuating workweek overtime pay agreement, an employer will pay the guaranteed salary to the employee in weeks where the employee works fewer than 40 hours. Use this chart to find the premium costs for you and your family, including the percentage of dependent coverage paid by the State. Wage and Hour Laws in Maine | Current Maine Labor Laws Save time! Home [PL 2019, c. 156, 3 (NEW); PL 2019, c. 156, 4 (AFF).] ], 2. Beginning January 1, 2022, $100 a month in tips; or Full-time and part-time employment is not generally defined. If you would like to file for unemployment benefits because you believe that you lost your job through no fault of your own, visit the DepartmentsUnemployment website. This applies to employees who stop working for the employer, regardless of the reason. At regular intervals not to exceed 16 days, every employer must pay in full all wages earned by each employee.