An Act To Amend the Laws Governing Overtime
Maine Legislature, Session 129, LD 1828
Committee: Labor and Housing
Sponsors: BELLOWS
Amends: 26 MRSA §664

Legislative Document
No. 1828
S.P. 618
In Senate, June 3, 2019
An Act To Amend the Laws Governing Overtime
(EMERGENCY)
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BELLOWS of Kennebec.  (GOVERNOR'S BILL)
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation changes the law governing the payment of overtime for 
those state employees engaged in fire protection activities and law enforcement activities, 
bringing state law into compliance with federal law; and
Whereas, this legislation is necessary to resolve conflicts between controlling 
statute, contracts and scheduling practices; and
Whereas, it is necessary to immediately effectuate this change in law, as it relates to 
the ability of employers and employees to maintain current work schedules; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §664, sub-§3, ¶F, as amended by PL 2017, c. 219, §15, is 
further amended to read:
F.  The canning; processing; preserving; freezing; drying; marketing; storing; packing 
for shipment; or distributing 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; and
Sec. 2.  26 MRSA §664, sub-§3, ¶K, as enacted by PL 2011, c. 681, §3, is 
amended to read:
K.  A driver or driver's helper who is not paid hourly and is subject to the provisions 
of 49 United States Code, Section 31502 as amended or to regulations adopted 
pursuant to that section, who is governed by the applicable provisions of federal law 
with respect to payment of overtime.
Nothing in this paragraph may be construed to limit the rights of parties to negotiate 
rates of pay for drivers and driver's helpers who are represented for purposes of 
collective bargaining by a labor organization certified by the National Labor 
Relations Board or who are employed by an entity that is party to a contract with the 
Federal Government or an agency of the Federal Government that dictates the 
minimum hourly rate of pay to be paid a driver or driver's helper.; and
Sec. 3.  26 MRSA §664, sub-§3, ¶L is enacted to read:
L.  Public employees subject to overtime pursuant to this subchapter engaged in fire 
protection activities, as defined in the federal Fair Labor Standards Act, 29 United 
States Code, Section 203(y), or public employees engaged in law enforcement 
activities, as defined in 29 Code of Federal Regulations, Section 553.211, in 
accordance with 29 United States Code, Section 207(k).
Sec. 4.  Retroactivity.  Notwithstanding any law to the contrary, this Act applies 
retroactively to April 1, 2016.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
Current law specifically exempts certain employees from the laws requiring the 
payment of overtime.  This bill adds to the list of exempted employees those state 
employees in the executive branch and the judicial branch engaged in fire protection 
activities and in law enforcement activities and conforms state law to the federal Fair 
Labor Standards Act.