Employer Update - Summer: Overtime, OSHA, Maine JobLink, Silver Collar Awards

Employer Newsletter Headers

USDOL’s New Overtime Rules and How they Apply in Maine

Maine statutes incorporate by reference the salary requirements under the Fair Labor Standards Act (FLSA); therefore, the sections pertaining to any salary increase under the new federal overtime rules will be effective December 1. 

The FLSA has “enterprise and individual coverages” to determine whether a business is subject to the law; however, Maine labor laws do not have such thresholds. Any business operating in the state with one employee is automatically covered by state law. This includes all public and private employers regardless of profit or size. 

Employers need to review both federal and state labor laws on each particular exemption to determine applicability. Some exemptions are allowed under federal law but our state law prohibits the exemption or does not address it. 

The Maine Department of Labor will be bringing forth both statutory and rules changes to better align the laws and provide clarity for workers and employers. We will provide notice as we recommend changes to the state regulations

Click here for more information about the new federal overtime rules as relate to Maine employers.

Topics covered include:

Assistance and Additional Resources

Maine Statutes

Factors Employers Must Consider

Examples of Duties Test by Exemption Category

Frequently Asked Questions

Maine JobLink—New Job Matching Service

Maine Job Link Header showing people in various uniforms posing in a group.

The Bureau of Employment Services and its CareerCenter network has launched the new Maine JobLink, the replacement system to the Maine Job Bank, the state’s federally required, job-matching system. Employers and job seekers can explore the new system at maine.gov/joblink .

Features include:

  • Quickly search jobs and get job matches.
  • Get notified of job matches via email or text.
  • Access your account from smart phones and tablets.
  • Access career information including high-growth and best-paying occupations.
  • Use activity logs to track job search information and contacts.
  • Share job postings on Facebook, LinkedIn™, Twitter, and Google+.
  • Access support for over 60 languages using Google Translate.

Employers can access wage information and information on license and credentials relevant to the occupation as well as store, edit, and choose from multiple job location and contact information entries in their address book. Job postings may be sent to the National Labor Exchange (NLX) with a single click during job posting creation. All job postings received from the NLX automatically generate a return receipt to support full tracking for the Office of Federal Contract Compliance Programs.

Loan Program for People with Disabilities Seeks Bids for New Provider

The Kim Wallace Adaptive Equipment Loan Program Fund Board seeks a financial services provider to assist in the administration of the program, also known as “mPower.” www.mpowerloans.org The loans’ seek to increase independence and improve quality of life of people with disabilities.

The RFP is available from the Office of the State Treasurer.   

Federal OSHA Penalties to Increase Aug. 1


For private-sector employers in Maine, federal OSHA’s maximum penalties, last adjusted in 1990, will increase by 78 percent on Aug. 1 and will be annually adjusted for inflation each year thereafter. Any citations issued by OSHA on or after Aug. 1 will be subject to the new penalties if the related violations occurred after Nov. 2, 2015.  Businesses should contact SafetyWorks! at 1-877-SAFE-345 for a no-cost, confidential consultation to assess your workplace’s compliance and be prepared for a potential inspection.

Note: Public-sector employers that fall under the Maine Department of Labor’s workplace safety jurisdiction will not be subject to this penalty increase at this time. 

Federal OSHA Will Target High-Hazard Occupations in 2016


OSHA’s New England Regional Emphasis Program is focusing on high-hazard occupations that may cross several industries, with several occupations related—but not limited—to construction topping the list.  These include Fall Hazards [PDF], Crane Operation in Construction [PDF], Residential Construction [PDF], Mast Climbing Work Platforms [PDF], Crystalline Silica Exposure in Construction [PDF], Powered Industrial Trucks [PDF], and Noise in the Workplace [PDF].

Maine Hire-A-Vet Campaign 2016 Kick-off: Job Fair & Military 101, Sept. 1, Augusta Armory

To register, contact Steve Roy, campaign coordinator, 207-624-5156, MaineHireAVet.DOL@maine.gov

Kick-Off, 8:30 a.m.

Hiring Fair, 9 a.m. to Noon

Military Culture 101 for employers, 1 to 2:30 p.m.—Learn about the military; structure, branches, ranks, pay grades, culture, language, discipline, qualities you can count on when hiring veterans! Learn about online tools for military to civilian skills translation.

Interviewing a Veteran?

Veterans traveling 40 miles or more may be eligible for free overnight accommodations through the Hilton Honors Program. Contact: Mark.J.Cafiso@maine.gov

Need Help Recruiting in the Tightening Labor Market?

Maine CareerCenters provide a variety of employment and training services at no charge for Maine workers and businesses. We assist all sizes of employers with recruiting, hiring, training, workforce services and access to labor market information. Whether your business is growing or downsizing, we can assist with job retention, expansion, and creation, as well as help workers who are facing job loss due to downsizing or closures.

  • Assistance recruiting, screening and interviewing candidates
  • Training resources, including wage subsidies, to help you train lower-skilled workers
  • Bonding to protect your business when hiring individuals with a challenging work history
  • Tax credits for hiring people who face barriers to employment
  • Help accommodating workers with disabilities to retain or hire qualified candidates

Learn more on our new and improved website!

Nominations of Senior-Friendly Businesses Sought for 2016 Silver Collar Award

The State Workforce Board’s Older Workers Committee is looking for Maine’s best employers for people over the age of 50. The Silver Collar Employer Award honors employers whose policies and practices match the needs of mature employees, capturing their skills and experience, strong work ethic, flexibility and enthusiasm.

Entries are due Aug. 1. Businesses may self-nominate. The form is available at http://maine.gov/swb/documents/index.shtml

Brunswick Sewer Department Receives SHAPE Award for Safety

Brunswick SHAPE Award Presentation

Brunswick Sewer Department receives SHAPE award.

Commissioner of Labor Jeanne Paquette announced on June 16 that the Brunswick Sewer Department has earned the Safety and Health Award for Public Employers (SHAPE).

SHAPE recognizes public-sector organizations that voluntary undertake a rigorous safety achievement program for their workers; Monday's award brings the total number of SHAPE certified worksites in Maine to 65.

Any state, county, municipal or other public-sector employers interested in learning more about the SHAPE designation should contact SafetyWorks! at 1-877-SAFE 345 (1-877-723-3345) or http://www.safetyworksmaine.com

Safety and Health Achievement Recognition Program (SHARP)

Private sector 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 

Vol 3, Iss 3, Summer 2016

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Commissioner's Corner

We are focused on connecting workers with good jobs and increasing the skills of our workforce. As we address our shrinking workforce, the new Maine JobLink system will not only connect workers and employers, but will also assist Maine employers in recruiting nationally through the connection to the National Labor Exchange. It will also help job seekers explore their career options; including training that will grow their skills and bring value to our economy.

We are pleased to provide this service as part of a consortium of states. Collaborating helps states keep up with technology and improve efficiency while sharing the costs as a group.  This make sense for our users, our agency, and our taxpayers.

- Jeanne Paquette, Commissioner of Labor

    By the Numbers

    Analysis of employment data by the Department of Labor's Center for Workforce Research and Information.

    Unemployment Rate
    3.5% in May 2016

    Civilian Labor Force (seasonally adjusted)
    678,735 in May 2016

    Payroll Employment (seasonally adjusted)
    611,800 in May 2016

    Data Release Schedule

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    Specializing in practical solutions to help make workplaces safer and healthier. Our services are free and confidential and we don't issue fines or citations.

    Classes available in throughout Maine, at the SafetyWorks Training Institute in Augusta, or your location.

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    Upcoming No-Cost Classes:

    Communications/Global Harmonization

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    Forklift Operator Safety

    Accident Investigation/Injury Analysis

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    And more.

    View a complete schedule.