An Act To Increase the Minimum Wage to $8.00 per Hour
Maine Legislature, Session 127, LD 0092
Committee Amendment CA_B_H318 (House)
Amends: 26 MRSA §664, 26 MRSA §771, 26 MRSA §773, 26 MRSA §774, 26 MRSA §781, 30-A MRSA §3007

COMMITTEE AMENDMENT ,':B" to H.P. 75, L.D. 92, Bill, "An Act To Increase 
the Minimum Wage to $8.00 per Hour" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Increase the Minimum Wage' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §664, sub-§I, as amended by PL 2007, c. 640, §4, is further 
amended to read: 
1. Minimum wage. The minimum hourly wage is $6.50 per hour. Starting October 
1, 2006, the l'Bffiiml:lffi hourly wage is $6.75 per hour. Starting October 1, 2007, the 
l'Bffiiml:lffi hourly wage is $7.00 per hour. Starting October 1, 2008, the mffiiml:lffi hourly 
wage is $7.25 per hour. Starting October 1, 2009, the rniniml:lffi hourly wage is $7.50 per 
hour. Starting October 1, 2016, the minimum hourly wage is $8.00 per hour. Starting 
October 1, 2017, the minimum hourly wage is $8.50 per hour. Starting October 1, 2018, 
the minimum hourly wage is $9.00 per hour. If the highest federal minimum wage is 
increased in excess of the minimum wage in effect under this section, the minimum wage 
under this section is increased to the same amount, effective on the same date as the 
increase in the federal minimum wage, but in no case may the minimum wage exceed the 
minimum wage otherwise in effect under this section by more than $1 per hour. 
A municipality or political subdivision of the State may not enact any ordinance, law or 
rule regulating the minimum hourly wage rate. 
Sec. 2. 26 MRSA §771, as amended by PL 1991, c. 544, §4, is further amended to 
read: 
§771. Minors under 14 years of age 
A minor under 14 years of age may not be employed, permitted or suffered to work in 
nonagricultural employment, abo:at or in connection with agriculture, except for· the 
COMMITTEE AMENDMENT 
o~~ 
~1 
'7 
COMMITTEE A1v:IENDMENT .]" to H.P. 75, L.D. 92 
planting, cultivating or harvesting of field crops or other agricultural employment not in 
direct contact with hazardous machinery or hazardous substances, any eating place, 
automatic laundries, retail establishment where fro:cen dairy products are manufactured 
on the premises, sporting or OYfernight oamp, mercantile establishment or in outdoor 
occupations on the grounds of a hotel, and a minor behveen the ages of 14 and 16 years 
may not be so employed when the distanoe between the work place and the home of the 
minor, or any other factor, necessitates the minor's remaining away from home overnight. 
This section does not apply to any such minor who is employed direotly by, with or un~ 
the supervision of either or both of the minor's parents; or to any such minor employed in 
sohoollunch programs, if limited to serving food and oleaning up dining rooms. 
Sec. 3. 26 MRSA §773, as amended by PL 2009, c. 487, Pt. B, §12, is further 
amended to read: 
§773. Minors 14 and 15 years of age prohibited in certain places 
A minor under who is at least 14 years of age and younger than 16 years of age may 
not be employed, permitted or suffered to work in, about or in connection with any 
manufacturing or mechanical establishment, hotel, rooming house, laundry, except those 
commonly known as automatic laundries, dry cleaning establishments, bakery, bo'Klmg 
alley, pookoom, or commercial places of amusement, including traveling shows and 
circuses, er in any theater or moving pioture house or in conjunction with an amusement, 
game or show that allows or conducts betting. The provisions of this section pertaining to 
theaters do not apply to minors under 16 years of age who are employed or in trainiag as 
theatrical actors or film aotors. This seotion does not prohibit a minor under 16 years of 
age from performing work for a nonprofit organil3ation that preserves film and other 
moving images and prwrides education and research opportuaities for the public or for a 
theater that is operated by such an organi:cation as an integral part of its mission. 
The provisions of this section pertaining to manufacturing establishments shall do not 
apply to retail establishments employing minors under who are at least 14 years of age 
and younger than 16 years of age who are employed in retail establishments where any 
frozen dairy product or frozen dairy product mix or related food product is manufactured 
produced on the premises for retail sales locally, regardless of trade name or brand or 
coined name. 
The proYrisions of this section pertaining to hotels do not apply to minors under 16 
years of age who are employed in outdoor ocoupations on the grounds of a hotel or to 
minors is years of age '.vho are employed in kitchens, dining rooms, lobbies and offices 
of a hotel. Minors 15 years of age are eKpressly prohibited from working in an area not 
listed as penBitted and are expressly prohibited from performing room service, making 
deliveries of any sort to the hotel rooms or entering the hallways to those rooms. 
The pro·risions of this section pertaining to manufaotl:1ring and mechanical 
establishments shall not apply to minors under 1.6 years of age ,.vao are employed on the 
grounds of a manufacturing or mechanioal establislnn6nt, but who are assigned 
nonha:cardous work which is performed outside of any building in 'Nhioh manufacturing 
or mechanical operations are undertaken. 
The provisions of this section pertaining to manufacturing or meehanical 
establishments, laundries, dry cleaning establishments and bakeries shall do not apply to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 13" to H.P. 75, L.D. 92 
minors \:Hider who are at least 14 years of age and younger than 16 years of age who are 
employed in retail sales, customer service operations or office work for these 
establishments, provided that retail, customer service or office areas are in a separate 
room. 
Notwithstanding other provisions of this section, a minor oo6et: who is at least 14 
years of age and younger than 16 years of age may be employed at a commercial place of 
amusement operating at a permanent location, except that minors under 1 (3 yeafS of age 
may not be employed at games of chance as defined in Title 17, chapter 62 or hazardous 
occupations as determined by the director. 
Sec. 4. 26 MRSA §774, sub-§1, as amended by PL 2011, c. 174, §§1 to 3, is 
further amended to read: 
1. Minors 16 and 17 years of age. A minor oo6et: who is at least 16 years of age 
and younger than 18 years of age, enrolled in school, may not be employed as follows: 
A. More thaR 50 hours iR ElHy 'tVeek ,>;theR the mfaor's sehool is Rot iH: sessioR; 
B. More than 24 hours in any week when the minor's school is in session. In 
addition, the maximum weekly hours a minor may work is 50 hours during any week 
that the approved school calendar for the minor's school is less than 3 days or during 
the first or last week of the school calendar, regardless of how many days the minor's 
school is in session for the week. If requested, a school must provide verification of 
its closings to the minor's employer or the Department of Labor; 
C. More tftaR 10 hours iR ElHy day '.vliea the minor's sellool is oot iH: sessioR; 
D. More than 6 hours in any day when the minor's school is in session, except that 
the minor may work up to 8 hours on the last scheduled day of the school week; 
Eo 
More thaR (3 eORSeel:1tive days; 
F. After.f.G:.1.5. 11 :00 p.m. on a day preceding a day on which the minor's school is in 
session or after 12 midnight on a day that does not precede such a school day; or 
G. Before 7 a.m. on a day on which the minor's school is in session or before 5 a.m. 
on any other day. 
Sec. 5. 26 MRSA §774, sub-§2, ~, as enacted by PL 1991, c. 544, §5, is 
amended to read: 
D. 
More than 3 hours in any day when school is in session; or 
Sec. 6. 26 MRSA §774, sub-§2, ~, as enacted by PL 1991, c. 544, §5, is 
repealed. 
Sec. 7. 26 MRSA §774, sub-§3, as amended by PL 1991, c. 713, §2, is further 
amended to read: 
3. Employment during hours school in session. A minor under 17 who is at least 
years of age and younger than 18 years of age may not be employed during the hours 
that the public schools ofthe town or city in which the minor resides are in session. 
A. 
This subsection does not apply to: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,E" to H.P. 75, L.D. 92 
(1) A minor who has been excused from attendance by school officials in 
accordance with Title 20-A, section 5001-A, subsection 2 or subsection 3, except 
that a minor who has been excused in accordance with subsection 3 may not be 
employed during the hours that the minor's school or approved home instruction 
program is in session; 
(2) A student in an alternative education plan that includes a work experience 
component; 
(3) A student in an approved vocational cooperative education program; or 
(4) A student who is granted permission for an early school release by the 
school principal. 
The hours worked by a student in an alternative education plan or in an approved 
vocational cooperative education program may not be included in determining the 
student's total hours of permitted employment under subsection 1 and subsection 2. 
Sec. 8. 26 MRSA §774, sub-§4, as amended by PL 2009, c. 211, Pt. B, §23, is 
repealed and the following enacted in its place: 
4. Exemptions. The restrictions set forth in this section do not apply to a minor 
performing work: 
A. Planting, cultivating or harvesting field crops or other agricultural employment, 
including the initial processing of farm crops, as long as the work does not require 
direct contact with hazardous machinery or hazardous substances, in accordance with 
the federal Fair Labor Standards Act of 1938, 29 United States Code, Section 212; 
B. As an employed or in-training theatrical actor or film actor; 
C. Taking or catching lobsters, fish or other marine organisms, as long as the work 
does not require direct contact with hazardous machinery or hazardous substances, in 
accordance with the federal Fair Labor Standards Act of 1938, 29 United States 
Code, Section 212; or 
D. At a business that is solely owned by the minor's parent, as long as the work does 
not require direct contact with hazardous machinery or hazardous substances, in 
accordance with the federal Fair Labor Standards Act of 1938, 29 United States 
Code, Section 212. 
Sec. 9. 26 MRSA §781, sub-§1-A, ~, as enacted by PL 2001, c. 46, §1, is 
amended to read: 
B. A violation of the number of hours a minor may work in any day under section 
774, subsection 1, paragraph B,G or D or section 774, subsection 2, paragraph C or 
D, as long as the violation is not greater than 10 minutes per day; and 
Sec. 10. 26 MRSA §781, sub-§1-A, ~C, as enacted by PL 2001, c. 46, §1, is 
amended to read: 
C. 
A violation of the number of hours worked in a week under section 774, 
subsection 1, paragraph A--ef B or section 774, subsection 2, paragraph A or B, as 
long as the violation is not greater than 50 minutes in a week. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT tl) .. to H.P. 75, L.D. 92 
Sec. 11. 30-A MRSA §3007, sub-§7 is enacted to read: 
7. 
Minimum wage. 
A municipality may not adopt or enforce any ordinance 
regulating the minimum hourly wage rate. 
Sec. 12. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Administration - Bureau of Labor Standards 0158 
Initiative: Provides funds to update and distribute the new minimum wage poster and 
other related publications. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SU~Y 
2015-16 
$0 
$0 
2016-17 
$16,500 
$16,500 
This amendment, which is the minority report of the committee, strikes the bill and 
replaces it with the following provisions governing the minimum wage and the 
employment of minors. 
1. It raises the minimum wage rate to $8.00 per hour, starting October 1, 2016, $8.50 
per hour starting October 1,2017 and $9.00 per hour starting October 1,2018. 
2. It prohibits a municipality from enacting or enforcing its own minimum wage rate. 
3. It conforms Maine law to federal law by providing that minors who are younger 
than 14 years of age may be employed only in the planting, cultivating or harvesting of 
field crops, or other agricultural employment that does not place them in direct contact 
with hazardous machinery or hazardous substances. 
4. It conforms to federal law the hours that minors who are 16 years of age and 17 
years of age may work by extending the permissible time until which such a minor may 
work on a day preceding a school day. 
5. It eliminates the prohibition on minors under 16 years of age working more than 6 
consecutive days. 
6. It eliminates the prohibition on minors under 18 years of age working more than 
hours per week when school is not in session. 
7. It specifies that the restrictions on the hours of employment of minors do not apply 
to: 
A. Agricultural employment that does not require direct contact with hazardous 
machinery or hazardous substances; 
B. Employment or training as a theatrical actor or a film actor; 
COMMITTEE AMENDMENT 
1\ o~ S 
COMMITTEE AMENDMENT S" to H.P. 75, L.D. 92 
C. The taking or catching of lobsters, fish or other marine organisms, as long as the 
work does not require direct contact with hazardous machinery or hazardous 
substances; and 
D. Work at a business that is solely owned by the minor's parent, as long as the work 
does not require direct contact with hazardous machinery or hazardous substances. 
8. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/29/15 
frac 
LD92 
LR 289(03) 
An Act To Increase the Minimum Wage to $8.00 per Hour 
Fiscal Note for Bill as Amended by Committee Amendment!B ( H -31 f ) 
Committee: Labor, Commerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
$0 
$16,500 
$0 
$16,500 
Projections 
FY 2017-18 
$16,500 
$16,500 
Projections 
FY 2018-19 
$16,500 
$16,500 
This bill includes a General Fund appropriation of $16,500 in fiscal year 2016-17 to the Bureau of Labor Standards 
within the Department of Labor for the administrative costs associated with increasing the minimum wage. Of this 
amount, $3,500 per year is for updating the minimum wage poster and other related publications, $5,000 per year is 
related to postage costs to distribute the updated poster and publications to all employers in Maine and $8,000 per 
year is for travel costs associated with compliance, education and outreach. 
The first step on the lowest salary rate schedule in State Government is $8.43 per hour. Currently there is no one 
being paid at that level. There are currently 2 employees being paid $9.41 per hour. The 3-step increase in the 
minimum wage in the minority report will not increase salary costs to the State. 
LR0289(03) - Fiscal Note - Page 1 of 1