According to Maine law, when an employment relationship ends, the employer must pay any accrued vacation time if that’s what the terms of employment and the employer’s established practices have established.
Maine Labor Laws
Maine Minimum Wage
As of January 1, 2021, the minimum wage in Maine is $12.15 per hour, an increase from the previous rate of $12 per hour.
Maine Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.
History of Maine Labor Laws
Maine’s first uniform minimum wage was established in 1959 at $1 per hour, matching the federal rate at the time. For many years, the state and federal rates remained closely aligned. However, starting in the early 2000s, Maine’s minimum wage began to increase more rapidly than the federal rate. Today, the difference between the two is nearly $5 per hour.
Municipality Minimum Wage Laws
Localities in Maine are allowed to set their own minimum wage laws. While Bangor and Portland previously had minimum wage rates higher than the state rate, those local rates have since been surpassed by the state minimum wage.
Maine Minimum Wage Exemptions
Some individuals are exempt from Maine’s minimum wage requirements. These exemptions include:
- Certain agriculture employees
- Commissioned employees whose hours and place of employment are not substantially controlled by the employer
- Taxicab drivers
- Camp counselors
- Some employees in the fishing industry
- Some family employees
- Bona fide executive, administrative, or professional employees
- Certain incarcerated individuals
Maine Posting Requirements
Required posters:
- Minimum Wage
- Nursing Mothers
- Notice of Regulation of Employment
- Child Labor
- Workers' Compensation
- Sexual Harassment
- Unemployment Insurance
- Video Display Terminal Law
- Whistleblower’s Protection Act
Tipped Wage in Maine
In Maine, a service employee is defined as someone who regularly receives more than $30 per month in tips. As of January 1, 2021, the minimum direct wage for service employees is $6.08 per hour. The combined total of the direct wage and earned tips must meet or exceed the state minimum wage, determined by the average wage an employee earns on a weekly basis.
Overtime Wage in Maine
In Maine, employees who work more than 40 hours in a workweek must be paid at least time-and-a-half their regular rate of pay. Exemptions apply to bona fide executive, administrative, and professional employees.
According to Maine statutes, to be considered exempt from overtime, employees must earn at least $692.31 per week ($36,000 per year) and pass the duties test. This threshold is higher than the federal requirement under the Fair Labor Standards Act, which is $684 per week ($35,568 per year). When state and federal laws differ, employers should follow the law that provides greater benefit to the employee.
Child Labor Laws in Maine
Minors who are 14 and 15 years old in Maine have the following work restrictions:
- They cannot work more than six consecutive days.
- They cannot work before 7 a.m.
- They cannot work after 7 p.m. during the school year (extended to 9 p.m. during the summer).
Additionally, their working hours are limited:
- When school is in session, they cannot work more than 3 hours per day, including Fridays, or more than 18 hours per week.
- When school is not in session, they cannot work more than 8 hours per day (during weekends, holidays, vacations, snow days, etc.) or more than 40 hours per week (when school is out for the entire week).
Minors who are 16 and 17 years old and enrolled in school, including homeschool, have these restrictions:
- They cannot work more than six consecutive days.
- They cannot work before 7 a.m. on a school day (or 5 a.m. on a non-school day).
- They cannot work after 10:15 p.m. on a school night (or midnight on a non-school night).
- Only 17-year-old minors can work during school hours.
When school is in session, 16 and 17-year-olds cannot:
- Work more than 6 hours per day.
- Work more than 8 hours on the last day of the school week.
- Work more than 10 hours during weekends, holidays, vacations, snow days, etc.
- Work more than 24 hours per week in any week with three or more school days.
- Work more than 50 hours per week in any week with fewer than three school days or during the first and last weeks of the school year.
When school is not in session (during weekends, holidays, vacations, snow days, etc.), they cannot:
- Work more than 10 hours per day.
- Work more than 50 hours per week.
Employer Recordkeeping Requirements in Maine
Employers in Indiana should adhere to federal recordkeeping requirements, maintaining payroll records for at least three years and timekeeping records for at least two years.
Here are the basic records that must be kept for nonexempt employees under federal law:
- Employee’s full name and Social Security number
- Address, including zip code
- Birth date, if younger than 19
- Sex and occupation
- Time and day of week when the employee’s workweek begins
- Hours worked each day
- Total hours worked each workweek
- Basis on which the employee’s wages are paid
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from the employee’s wages
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment
Maine Labor Law Questions & Answers
Yes, all businesses operating in the state are covered by the Maine minimum wage law, even if the business has only one employee. The minimum wage requirement applies to both public and private employers.
14- or 15-year-old employees:
- Up to 3 hours per day and 18 hours per week when school is in session.
- Up to 8 hours per day and 40 hours per week when school is out.
16- or 17-year-old employees:
- Up to 6 hours per day on a school day.
- Up to 8 hours per day on the last day of the school week.
- Up to 10 hours per day during weekends, holidays, vacations, snow days, etc.
- Up to 24 hours per week in any week with three or more school days.
- Up to 50 hours per week in any week with fewer than three school days or during the first and last weeks of the school year.
Employers can decide whether to allow employees to work overtime or deny requests for extra hours. However, if an employee’s hours exceed 40 in a workweek, the overtime rate must be paid for those excess hours.
Employees must be offered a 30-minute rest break—whether paid or unpaid—after six hours of work. Additionally, nursing mothers must be provided with unpaid breaks to express milk.
Maine Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.