Maine Employee Rights: Everything You Need to Know
As an employee in Maine, you have rights that are protected by law. These laws are meant to ensure that you are treated fairly and are free from discrimination and harassment in the workplace. In this article, we will discuss Maine employee rights in detail and provide you with the most updated information on the topic.
Employment At-Will
In Maine, unless there is a contract or specific law that states otherwise, an employer can choose to fire an employee for any reason or no reason at all. This is known as employment at-will. However, there are some exceptions to this rule.
Firstly, an employer cannot fire an employee for a discriminatory reason. Discrimination means treating someone differently based on certain characteristics or attributes, such as race, gender, religion, age, or disability. If an employee believes that they were fired due to discrimination, they can file a complaint with the Maine Human Rights Commission.
Another exception to employment at-will is when an employee is fired as a retaliatory action. This means that the employee was fired in response to some protected activity, such as filing a workers’ compensation claim, reporting unsafe working conditions, or blowing the whistle on employer misconduct. In these situations, the employee may be able to claim wrongful termination and file a lawsuit against their former employer.
Wages and Hours
In Maine, the minimum wage for most workers is $12.15 per hour, as of January 1, 2021. Tipped employees have a lower minimum wage of $6.08 per hour, but their tips must bring them up to the regular minimum wage or the employer must make up the difference. If you are under 20 years old, the minimum wage is $8.67 per hour for the first 90 days of employment.
Employers are required to pay their employees for all hours worked. Non-exempt employees are entitled to overtime pay if they work more than 40 hours in a week. Overtime pay is calculated at one and a half times the regular hourly rate. Employers are also required to give employees a 30-minute unpaid break after 6 hours of work, with some exceptions.
Family and Medical Leave
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave per year for certain family or medical reasons. Eligible employees are those who have worked for their employer for at least 12 months, have worked at least 1,250 hours, and work at a location with at least 50 employees within a 75-mile radius.
In addition to the federal FMLA, Maine has its own family and medical leave law. This law covers all employers with 15 or more employees and provides eligible employees with up to 10 weeks of unpaid leave for the birth or adoption of a child or to care for a family member with a serious health condition. The definition of family member under this law is broader than under the federal FMLA and includes domestic partners and grandparents.
Pregnancy Accommodations
Under Maine law, pregnant employees are entitled to reasonable accommodations that allow them to continue working during their pregnancy. This may include things like extra rest breaks, modified work schedules, or light duty assignments. An employer cannot discriminate against an employee because of pregnancy or refuse to provide reasonable accommodations.
Sexual Harassment
Sexual harassment is a form of workplace discrimination and is illegal under both federal and state law. Sexual harassment can include unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Employees who experience sexual harassment should report it to their employer or file a complaint with the Maine Human Rights Commission.
Workers’ Compensation
Maine law requires most employers to carry workers’ compensation insurance. Workers’ compensation provides benefits to employees who are injured or become ill as a result of their job. These benefits may include medical expenses, lost wages, and compensation for permanent disability. If you are injured on the job, you must report the injury to your employer as soon as possible to be eligible for workers’ compensation benefits.
Whistleblower Protection
Maine law provides protections for employees who report employer misconduct. This includes reporting violations of environmental laws, workplace safety regulations, and other laws and regulations. Employers are not allowed to retaliate against employees who whistleblow, and employees who experience retaliation may be able to file a lawsuit against their employer.
Conclusion
As an employee in Maine, you have rights that are protected by law. These rights include things like the right to be free from discrimination and harassment, the right to a minimum wage and overtime pay, and the right to family and medical leave. If you believe that your rights have been violated, you should speak with an experienced employment lawyer who can help you understand your legal options.
Maine Employee Rights: Wage Laws
This article will discuss ME Employee Rights, specifically the state’s current minimum wage, working laws, prevailing wage laws, and more:
Maine Minimum Wage Rates:
The minimum wage in Maine is currently $7.50 per hour. This wage is 25 cents more than the federal minimum wage, which is currently set at $7.25. Maine minimum wage laws—a basic ME employee right–has remained unchanged since October of 2009.
Maine employee rights regarding minimum wage laws apply to all employees except those being trained or rehabilitated in educational, charitable or religious institutions; members of religious organizations; agricultural workers; professional service workers, and outside salespeople who do not report to or visit their office on a daily basis.
Maine employee rights concerning minimum wage laws state that individuals under the age of 20 may earn a training wage of $4.25 per hour for the first 90 days of their employment. Moreover, Maine employee rights concerning minimum wage institute a student minimum wage of $6.38 for full-time high school or college students who work part-time.
Maine employee right laws state that tipped workers must be paid a minimum of $3.75 per hour; however, if the tipped employee does not receive $8.00 per hour (tips included), the employer must pay the difference. The minimum hourly wages—according to ME employee rights—for agricultural workers is $1.60.
ME employee rights: Payment of Wages:
An employer must pay their employees within six days of the end of the pay period where the wages were earned if the employee was working for five or six days during the pay period. If the worker was employed for seven days or less than three days, the individual must be paid no later than seven days from the conclusion of the pay period.
ME employee rights: Wage and Hour Laws for Employers:
An employer who chooses to provide paid vacations must treat said payments like any other wages under Maine employee rights laws. Withholding vacation pay is the same as withholding regular wages and, as such, is deemed illegal.
According to Maine Employee Law, employers must provide an employee with up to two hours off to vote if their employee requests it. Employees do not have to be compensated for this time, but are allowed the two-hour absence after the opening of the polls.
The Minimum Fair Wage Laws of Maine do not require extra pay for holidays, night work or weekends; however, certain Maine Blue Laws require a handful of retailers to pay premium for Sundays and certain holidays.
ME employee rights do not distinguish between part-time or full-time employment; both types of employees are covered by Maine employee rights. In general, a work schedule is a matter of agreement between a worker and their employer. For more information on this topic, www.maine.gov/ago/.
The majority of employees—according to ME employee rights—must be compensated at least one and one-half times their regular hourly pay rate for hours worked in excess of 40 hours in a standard work week. Several employees, such as executives, professionals and the majority of seasonal workers, are not allowed to receive overtime pay.
Wage Complaints: If you feel that your ME employee rights are being violated, you must file a complaint with the Office of the Attorney General’s Fair Labor and Business Practices Division. For phone numbers and addresses for all offices in the state, secure.laws.com/admin/index/module/cmsform/cid/13/id/www.maine.gov/ago.
Maine Employee Rights: Civil Rights, Harassment and Discrimination
Under federal and state law, it is illegal for any employer to discriminate on the basis of sex, race, disability, ethnicity, national origin, age, sexual orientation and/or religion when rendering employment decisions, including firing, hiring, pay, discipline and promotion. Pervasive harassment on any of these bases—and subsequent retaliation against employees who complain about said harassment—are also illegal.
Maine employee rights require employers with six or more employees to adopt policies against sexual harassment. The State’s Commission against Discrimination publishes “Sexual Harassment in the Workplace Guidelines” as well as sexual harassment policies and posters to and employers in constructing their own policy.
Maine Employee Rights: Hiring Process
According to Maine employee rights, it is unlawful for an employer to make a record of, request, use an application form which requests, or discriminate against workers or applicants for employment who fails to provide information concerning:
1. Detention, dispositions or arrests in which no convictions resulted
2. First convictions for drunkenness, speeding, simple assaults, disturbance of the peace, affray, minor traffic violations, or
3. Any misdemeanor convictions where the date of conviction or completion of incarceration, whichever comes later occurred five years or more before the date of application or request for information, unless the applicant is convicted of any offense within the five years preceding the date of application
or request for information.
Maine employee rights place no restrictions on an employer’s ability to ask about felony convictions. Moreover, an employer may inquire about misdemeanor convictions subject to the limitations imposed above.
If an employer wishes to screen an applicant’s criminal record—referred to as a Criminal offender Record Information report—must comply with the state’s criminal information and privacy laws. These laws require the employer to attain signed acknowledgment from the applicant before requesting the Criminal Offender Record information report. The employer must also provide the applicant with the ability to challenge the accuracy and relevancy of the information it contains.
If an employer wishes to administer a drug test, it must have a set policy and make sure it is applied to every applicant. Prospective employees may be required to disclose the use of prescription drugs to the administrator running the test. This information must be kept confidential and only be used to determine if the applicant passed or failed the drug test. This information is not provided to the employer. According to Maine employee rights, random drug testing of existing employees is allowed only with respect to employees in safety-sensitive provisions.
All Maine employers are required to verify that every new employee is either a citizen of the United States or authorized to work in the United States. All employees must complete the Employment Eligibility Verification Form (I-9) and produce documentation within three days following their hire date. Failure to file the I-9 may result in penalties and audits by the Immigration and Customs Enforcement.
All Maine employers are not allowed to discriminate against their employees based on their immigration status. Thus, when an employee satisfies the employer that he or she is permitted to work in the United States, the employee’s immigration status may not be used in any other employment decision.
