Maine Wage and Hour Law

Minimum Wage in Maine

The Maine minimum wage is $7.50, effective Oct. 1, 2009. Should the federal minimum wage be increased to exceed the Maine minimum wage, the state minimum wage will also be increased to the same amount and take effect on the same date as the federal rate.

Maine Minimum Wage: Tipped Employees

Employers are allowed to take tip credits, but it cannot exceed 50% of the minimum hourly wage. 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 worker or the worker's representative that the actual tips received were less than the tip credit, the employer will increase the direct wages by the difference.

Tips are the property of the worker and cannot be shared with the employer. Tipped workers can volunteer to enter their tips into a tip pool or share their tips with non-tipped employees. 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. Tips charged to a credit card must be given to the employee by the next payday and cannot be withheld while the company waits for reimbursement from a credit card company.

Overtime Law in Maine

Maine overtime law states that employees should receive 1.5 times their regular rate when working more than 40 hours a week. The employee's regular rate should include all earnings, commissions, bonuses and compensation based on actual work. For more information on Maine overtime law, visit the website of the Maine Dept. of Labor.

Rest Periods

Unless an employee-employer agreement states otherwise, an employee must receive a 30-minute rest break when working six or more consecutive hours, unless the employee break would jeopardize property, life, public safety or health. Employees may use this rest period as a meal break.

The rest breaks law does not apply to companies that employ less than 3 workers at a time or where the nature of the work allows for frequent breaks.

For more information, view the Maine Department of Labor Website