• New Minimum Wage and Overtime-Exempt Minimum Salary Take Effect in Maine Jan. 7
• What Employers Need to Know about Marijuana Legalization
• Need to Hire Skilled Employees? Upskill Staff? Help Funding Training?
• 2017 Tax Rate and Array Charts Available
• Submitting H-2B Related Job Orders
• Impairment Detection Training for Employers
• Upcoming Job Fairs

New Minimum Wage and Overtime-Exempt Minimum Salary Take Effect in Maine Jan. 7

Labor Department will take temporary non-enforcement position on tip credit and minimum overtime-exempt salary pending legislative or federal action.

The Maine Department of Labor advises employers of their legal obligations to workers related to the passage of changes to the state minimum wage via the ballot initiative Question 4.

Minimum Wage Poster: Every employer must hang required posters where workers can easily see them. Download the 2017 Minimum Wage poster for free here. Posters can be posted in either color or black and white.

Employers with Tipped Employees: USDOL will now allow a higher tip credit for states with higher minimum wages. FIELD ASSISTANCE BULLETIN NO. 2016-4

Referendums and Salaried Workers: Labor Commissioner Jeanne Paquette and Julie Rabinowitz review the referendums in detail including marijuana and drug testing, as well as the federal overtime rule injunction on the HR Power Hour with David Ciullo. Take a listen!

State Overtime Exemption Salary Threshold: Even though federal overtime rule has been put on hold, Maine's minimum wage referendum will impact state overtime salary exemption threshold as well. Julie Rabinowitz provides clarification on the George Hale & Ric Tyler Show.

"Click for more" to read what employers need to know about the minimum wage law in Maine.

Portland Employers with Tipped Employees: USDOL will now allow a higher federal tip credit for states/municipalities with higher minimum wages; this policy means that Portland employers will not be found in violation of the federal Fair Labor Standards Act when/if the tip credit exceeds $5.12 in 2017. FIELD ASSISTANCE BULLETIN NO. 2016-4

What Employers Need to Know about Marijuana Legalization

Personal use will be legal 30 days after the referendum results are certified by Governor LePage. Employers should be aware that the referendum included language relating to employment and could affect employers’ hiring, misconduct, workplace safety and substance testing policies:

• 2. Employment policies. This chapter may not be construed to require an employer to permit or accommodate the use, consumption, possession, trade, display, transportation, sale or growing of cannabis in the workplace. This chapter does not affect the ability of employers to enact and enforce workplace policies restricting the use of marijuana by employees or to discipline employees who are under the influence of marijuana in the workplace. 
• 3. School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 years of age or older solely for that person's consuming marijuana outside of the school's, employer's or landlord's property.

Before the law takes effect, employers should review and adopt clearly written policies and procedures that are applied consistently. Discuss any changes or new policies with employees. Communicating your policies will help set expectations and boundaries for applicants and employees. Be sure to document how you advise employees of these changes.  You may also need to review how you define safety-sensitive positions and clarify expectations for those employees.

Employers interested in learning more about drug testing for applicants and employees should visit our website to ensure that they are following appropriate state and federal law. SafetyWorks! will also be offering new, no-cost Impairment Detection workshops for employers beginning in 2017.

The Department anticipates several changes will be made to the legalization statute during the upcoming legislative session; these may include changes to the employment-related provisions. Contact your local legislators for more information about this process.

Address: 45 Commerce Drive, Augusta, Maine 

Mail: Maine Department of Labor, 54 State House Station, Augusta, Maine 04333

Additional Offices

CareerCenter Locations   Rehabilitation Services Offices   SafetyWorks! Training Institute

Maine Department of Labor is equal opportunity providers.
Auxiliary aids and services are available to individuals with disabilities upon request.