An Act To Conform Maine Law to Federal Overtime Standards
Maine Legislature, Session 122, LD 0435
Committee: Labor
Sponsors: McKANE, SNOWE-MELLO, McFADDEN, MILLETT, TRAHAN, VAUGHAN
Amends: 26 MRSA §664

Legislative Document 
No. 435 
H.P.320 
House of Representatives, January 27, 2005 
An Act To Conform Maine Law to Federal Overtime Standards 
Reference to the Committee on Labor suggested and ordered printed. 
71J~ 
1I1.7l/D£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McKANE of Newcastle. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: McFADDEN of Dennysville, MILLETT of Waterford, TRAHAN of 
Waldoboro, VAUGHAN of Durham. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §664, sub-§3, as amended by PL 2003, c. 423, 
§1 and affected by §5, is further amended to read: 
3. Overtime rate. 
An employer may not require an employee 
to work ffiaFe-~aaR-4g-h~~~£-~~~~~~~b&&&-~-~~~-~iffies-~Re 
Fe~H±aF-~-~-£a~e--~&-~~-feF-~~~-ae~££--~&~a~~y-~~~-iB 
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iBe±Haes---a~~---~~~£7---~,---~~~---aa4---e~ReF 
eaffipeasa~iaa-~~--~-paia-e£-~-&a&eG-aR-~~-~~~-peFfaFffiea 
aBa-~-Ba~-~~l~-aay-~-eHe±Haea-~~~-~Re-~~~i~~~-ef 
!..'.Fe~H±aF--Fa-t;e..'.!..-~--~Re--F-a-i-~--Labe-£--g~aRaaFas--AG-t;.r--2-9---YBit;ea 
g~a~es--C--ode-r--Se£-t~~-~G++et in excess of the limitations on 
maximum hours described in the Fair Labor Standards Act, 
United States 
Code, 
Section 
and 
in federal 
regulations 
adopted pursuant to that section. 
Rules adopted by the director 
.pursuant to section 665, subsection 2 to implement this section 
must conform to the Fair Labor Standards Act, 29 United States 
Code, Section 207 and to federal regulations adopted pursuant to 
that section, including, but not limited to, 29 Code of Federal 
Regulations, Part 541. 
The overtime provision of this section does not apply to: 
A. 
Automobile 
mechanics, 
automobile 
parts 
clerks 
and 
automobile 
salesmen 
as 
defined 
in 
section 
663. 
The 
interpretation of these terms must be consistent with the 
interpretation of the same terms under federal overtime law, 
United States Code, Section 213; 
B. Hotels and motels; 
C. Mariners; 
D. Public employees, except those employed by the executive 
or judicial branch of the State; 
E. Restaurants and other eating establishments; 
F. 
The canning, processing, preserving, 
freezing, 
drying, 
marketing, storing, packing for shipment or distribution of: 
(1) Agricultural produce; 
(2) Meat and fish products; and 
(3) Perishable foods. 
Individuals employed, directly or indirectly, for or at an 
egg processing facility that has over 300,000 laying birds 
must be paid overtime in accordance with this subsection; 
H. 
Effective September 1, 2003, a driver or driver's helper 
who is subject to the provisions of 49 United States Code, 
Section 31502 as amended or to regulations adopted pursuant 
to that section if the driver or driver's helper is paid 
overtime pay reasonably equivalent to that required by this 
section for all hours worked in excess of 40 per week. 
The 
Department 
of 
Labor 
may 
adopt 
rules 
governing 
the 
determination 
of 
payment 
methods 
that 
satisfy 
the 
"reasonably 
equivalent" 
standard 
set 
forth 
in 
this 
paragraph. 
Rules adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, chapter 375, 
subchapter II-A 2-A; 
I. 
A driver or driver's helper 
who 
is subject to the 
provisions 
of 
United 
States 
Code, 
Section 
31502 
as 
amended or to regulations adopted pursuant to that section 
and who is represented for purposes of collective bargaining 
by 
a 
labor organization certified by the National Labor 
Relations Board that is a party to a collective bargaining 
agreement that intends to regulate the rate of pay to be 
paid the driver or driver's helper; and 
J. 
A driver or driver's helper 
who 
is subject to the 
provisions 
of 
United 
States 
Code, 
Section 
31502 
as 
amended or to regulations adopted pursuant to that section 
and who is employed by an entity that is party to a contract 
wi th the Federal Government or an agency of the Federal 
Government that dictates the minimum hourly rate of pay to 
be paid the driver or driver's helper. 
SUMMARY 
This bill conforms 
Maine overtime 
laws to those of the 
federal Fair Labor Standards Act and requires that rules adopted 
by the Director of Labor Standards within the Department of Labor 
conform to regulations adopted pursuant to the federal Fair Labor 
Standards 
Act, 
including 
the 
"white-collar 
exemptions" 
that 
became effective on August 23, 2004.