Maine Legislative Update – the 123rd Legislature’s New Employment Laws Take Effect

June 30, 2008

It seemed as though summer would never arrive this year. Fortunately, it has but along with the ball games, vacations and barbeques come new laws for employers.  Maine’s 123rd Legislature adjourned its second regular session on March 31, 2008 and its first special session on April 18, 2008.  Several new laws were enacted during the sessions of which employers should take notice.

1.  An Act to Further Clarify Worker Payments for Clothing and Equipment (LD 2205; PL 524).
This law amends 26 M.R.S.A. § 629 which prohibits employers from permitting or requiring employees to work without
monetary compensation or from making arrangements to have an employee repay part of his or her wages to the employer except for the repayment of a loan, debt or advance or for the payment of merchandise purchased from the employer or for the payment of certain benefits.  

This law was amended in 2007 to exclude uniforms from the definition of debt however  those changes were repealed later in 2007 due to a conflict in the language.  The changes to the law this session clarified that a debt does not include uniforms, personal protective equipment or other tools of the trade that are considered primarily for the benefit or convenience of the employer.  As such, employers may not deduct the cost of uniforms or equipment from an employee’s pay or require an employee to work without monetary compensation to pay for uniforms and equipment.  The law defines a uniform as “shirts or other items of clothing bearing the company name or logo.”  The law further prohibits an employer from mandating that an employee pay for the cleaning and maintenance of a uniform.  An employer may only make a payroll deduction for the cost of uniform cleaning and maintenance if it has a written agreement with the employee to do so.  This law takes effect on June 30, 2008.

2.  An Act to Ensure Fair Wages (LD 1697; PL 640):
This law amended Maine’s minimum wage law and scheduled increases to the minimum wage for 2008 and 2009.  Starting October 1, 2008, the minimum hourly wage will be $7.25 per hour and starting October 1, 2009, the minimum hourly wage will be $7.50 per hour.

The first increase will not take effect until October 1, 2008.

3.  An Act to Amend the Family Medical Leave Laws to Include Siblings (LD 2132; PL 519):
Maine’s Family Medical Leave Act was amended to require that employers grant an eligible employee a leave for the serious
health condition of a sibling.  The law defines a sibling as “a sibling of an employee who is jointly responsible with the employee for each other's common welfare as evidenced by joint living arrangements and joint financial arrangements.”  

This law takes effect on June 30, 2008.

If you have any questions regarding these laws please contact Sarah E. McCarthy at 207-047-0111 for further information.
 
 
 This alert is provided as general information, and is not a substitute for legal or other professional advice.