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On June 30, 2015, the U.S. Department of
Labor (USDOL) announced a proposed rule to raise the threshold under which most
salaried workers are guaranteed overtime. As proposed, the new rule would raise
the salary threshold for “white collar” workers from $455 a week ($23,660 a
year) to a projected level of $970 a week ($50,440 a year) starting sometime in
2016.
The proposed rules will impact state statutes
as well. The annualized rate established by USDOL under the FLSA is currently enforced in Maine.
Neither job titles nor a white collar
employee being paid on a salary alone determines exempt status from the
FLSA's minimum wage and overtime requirements. For an exemption to apply, an
employee's specific job duties and salary must meet all of the applicable
requirements.
FLSA Things to Know
USDOL is Also
- Proposing to automatically
update the standard salary.
- Soliciting suggestions on the
current duties for additional occupation examples.
- Requests comments on the
current requirements.
- Seeking comment on the
possibility of including non-discretionary bonuses to satisfy a portion of
the standard salary requirement.
Public comments are accepted from July 6 through
September 4, 2015.
The Maine Department of Labor is monitoring the developments
related to the state and local minimum wage and related regulations, such as
tip credits and overtime, stemming from recent action by the city of Portland
and proposed actions in Bangor and other municipalities. Typically,
enforcement will fall to the jurisdiction with the regulations that are most
protective for the worker. More guidance will be forthcoming.
Maine DOL is gauging interest from the business community on the continuation of our highly successful HR Day at the Department of Labor. Programming helps human resources professionals or workers with HR responsibilities build an effective workforce through the Department of Labor's programs and help keep their businesses compliant with Maine's labor laws.
Please take a minute to answer a few questions that will help us plan future sessions.
Take the Survey
 Left to Right: Panelists Janice Rogers, Giovani Twigge and Jeanne Paquette, and moderator Laurie Lachance.
Earlier this spring I was part of a panel at Maine International Trade Day with Janice Rogers, corporate vice president of human resources at Diversified Communications, and Giovani Twigge, corporate vice president and chief human resources officer at IDEXX Laboratories. We spoke about "Building a Workforce for Global Success." Maine is known for its lobster, blueberries and potatoes, but being on this panel reminded me of how much our small businesses can impact the global market.
No matter the company size, succeeding in the global economy requires finding the right people with the right skills—that’s a tough task, especially in this climate of lowering unemployment. The Department of Labor has many programs and resources available to help Maine businesses identify a talent pool and train them to meet demands of industry. We work with long-term unemployed, people with disabilities, veterans, youth – to name some audiences – and align them with job-driven training programs that create a pipeline of skilled workers for business while assisting those in need gain the skills for sustainable employment. Whether you’re manufacturing the next big technology, expanding your products internationally, or looking to expand your small business, I encourage you to contact your local CareerCenter.
The Maine Department of Labor advises employers not to automatically exclude job seekers based on their unemployment status or their credit
history unless the employer can show that an unemployment status or credit history restriction is related to the job posted and consistent with the employer’s business needs. While the unemployed or people with poor credit are not a protected class, these types of screening requirements may unjustifiably limit the employment opportunities of applicants in protected groups and may therefore violate federal civil rights laws.
Pre-Employment Inquiry Guide
(Download and Print a PDF)
Any employer that submits a job announcement to Maine's Job Bank containing restrictions or exclusions based on an applicant’s unemployment status or credit history has an opportunity to edit or remove the announcement.
The Bureau of Rehabilitation Services (BRS) can help meet your workforce needs and expand your market share. BRS can connect your business with:
- Qualified employees and supportive services.
- Nationwide resources that can support your business.
- Maine-based businesses that hire people with disabilities and who are willing to share their experience.
 For more information, contact BRS's Business Relations Specialist.
Two Maine employers recently became a part of the Safety and Health Achievement Recognition Program (SHARP). Acceptance into SHARP by the Occupational Safety and Health Administration (OSHA) recognizes these worksites as a model for safety and health standards.
Gorham Sand and Gravel
 Employees at Gorham Sand and Gravel hold a SHARP banner, presented by Pamela Megathlin, Director of the Bureau of Labor Standards at the Maine Department of Labor.
CCB, Inc.
 Staff of CCB, Inc. in Westbrook are presented with their SHARP award and banner by the Maine Department of Labor.
Employers interested in learning more about the SHARP designation should contact SafetyWorks! at 1-877-SAFE 345 (1-877-723-3345) or http://www.safetyworksmaine.com
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