An Act to Establish a State Minimum Hourly Wage for Agricultural Workers
Maine Legislature, Session 131, LD 2273
Committee: Labor and Housing
Sponsors: TALBOT ROSS, TIPPING, ROEDER

Legislative Document
No. 2273
H.P. 1462
House of Representatives, March 21, 2024
An Act to Establish a State Minimum Hourly Wage for Agricultural 
Workers
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.  (GOVERNOR'S BILL)
Cosponsored by Senator TIPPING of Penobscot and
Representative: ROEDER of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA c. 7, sub-c. 2-B is enacted to read:
SUBCHAPTER 2-B
AGRICULTURAL EMPLOYEE MINIMUM HOURLY WAGE AND RELATED 
PROVISIONS
§651. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Employ. "Employ" means to suffer or permit to work.
2. Employee. "Employee" means an individual employed to perform agricultural labor 
as defined in the Employment Security Law and the Federal Unemployment Tax Act, 
except that members of the family of the employer who reside with and are dependent upon 
the employer are exempt from this subchapter.
3. Wages. "Wages" means compensation paid to an employee in the form of legal 
tender of the United States and checks on banks convertible into cash on demand and 
includes the reasonable cost to the employer who furnishes the employee board or lodging. 
"Wages" also includes compensation paid through a direct deposit system, automated teller 
machine card or other means of electronic transfer as long as the employee either can make 
an initial withdrawal of the entire net pay without additional cost to the employee or the 
employee can choose another means of payment that involves no additional cost to the 
employee.
§652. Minimum hourly wage
An employer may not employ an employee at a rate less than the rates required by this 
section.
Beginning September 1, 2024, the minimum hourly wage for an employee is $14.15 
per hour. On January 1, 2025 and each January 1st thereafter, the minimum hourly wage 
then in effect must be increased by the increase, if any, in the cost of living. The increase 
in the cost of living must be measured by the percentage increase, if any, as of August of 
the previous year over the level as of August of the year preceding that year in the 
Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the 
Northeast Region, or its successor index, as published by the United States Department of 
Labor, Bureau of Labor Statistics or its successor agency, with the amount of the minimum 
hourly wage increase rounded to the nearest multiple of 5¢. If the highest federal minimum 
hourly wage is increased in excess of the minimum hourly wage in effect under this section, 
the minimum hourly wage under this section is increased to the same amount, effective on 
the same date as the increase in the federal minimum hourly wage, and must be increased 
in accordance with this section thereafter.
§653. Records; retention, examination, copies
An employer subject to this subchapter shall keep a true and accurate record of the 
hours worked by each employee and of the wages paid, such records to be preserved by the 
employer for a period of at least 3 years, and shall furnish to each employee with each 
payment of wages a statement that clearly shows the date of the pay period, the hours, total 
earnings and itemized deductions. An employer making payment by direct deposit or other 
means of electronic transfer shall provide each employee with an accurate record of the 
transfer, including the date of the pay period, the hours, total earnings and itemized 
deductions, when the transfer is made.  If the record is provided in an electronic format, the 
employer shall provide a method by which the employee may have ready access to the 
information and print it without cost to the employee.  The Director of the Bureau of Labor 
Standards or the director's authorized representative may, and upon written complaint shall, 
enter the place of business or employment of an employer or employee for the purpose of 
examining and inspecting such records and copy any such records as the director or the 
director's authorized representative determines necessary or appropriate. All information 
received is considered confidential and may not be divulged to any other person or agency, 
except as may be necessary for the enforcement of this subchapter.
§654. Employees' remedies
An employer is liable to an employee for the amount of any unpaid minimum hourly 
wages under this subchapter. Upon a judgment being rendered in favor of an employee in 
any action brought to recover unpaid minimum hourly wages under this subchapter, the 
judgment must include, in addition to the unpaid minimum hourly wages adjudged to be 
due, an additional amount equal to the unpaid minimum hourly wages as liquidated 
damages and costs of suit, including a reasonable attorney's fee.
The Department of Labor has exclusive authority to bring an action for unpaid wages 
on behalf of an employee or employees under this section.
§655. Penalties
An employer who violates this subchapter is subject to a fine of not less than $50 and 
not more than $200.
An employer who discharges or in any other manner discriminates against an employee 
because the employee makes a complaint to the Director of the Bureau of Labor Standards 
or to a district attorney concerning a violation of this subchapter is subject to a fine of not 
less than $50 and not more than $200.
In the event of a violation of this subchapter, the Attorney General may institute 
injunction proceedings in the Superior Court to enjoin further violation of this subchapter.
§656. Unfair contracts
An employer may not by special contract with an employee or by any other means 
exempt the employer from this subchapter.
SUMMARY
This bill provides that individuals employed to perform agricultural labor may not be 
paid at a rate less than $14.15 per hour, the state minimum hourly wage that was in effect 
February 7, 2024. It also provides that employers who employ individuals to perform 
agricultural labor are required to keep a true and accurate record of the hours worked by 
each employee and the wages paid to each employee. The bill also provides remedies for 
employees and penalties for employers for unpaid minimum hourly wage violations.