An Act to Ensure a Fair Workweek by Requmng Notice of Work Schedules
Maine Legislature, Session 131, LD 1190
Committee Amendment CA_B_S378 (Senate)
Amends: 26 MRSA §626-A, 26 MRSA §639-A

COI.v.Th1ITTEE Al\1ENDiv1ENT "1$" to S P 486, L D 1190, "An Act to Ensure a Fair 
Workweek by Requmng Notice of Work Schedules" 
Amend the bill by stnkmg out the title and subst1tutmg the followmg 
'An Act to Reqmre Mm1mum Pay for Reportmg to Work' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 26 MRSA §626-A, first ,r, as amended by PL 2021, c 404, §2, 1s further 
amended to read 
Whoever violates any of the prov1s10ns of section 600-A, sect10ns 621-A to 623 or 
section 626, 628, 628-A, 629 ef.1 629-B or 639-A 1s subject to a forfeiture of not less than 
$100 nor more than $500 for each v10lat1on 
Sec. 2. 26 MRSA §639-A 1s enacted to read 
§639-A. Mm1mum pay for reportmg to work 
1. Defimtions. As used m this section, unless the context otherwise md1cates, the 
followillg terms have the followmg meanillgs 
A "Employee" has the same meanmg as m sect10n 663, subsect10n 3, but does not 
mclude an md1v1dual employed ill a seasonal mdustry as defilled m section 1251, 
subsection I 
' 
B "Employer" means an employer, as defmed m section 1043, subsection 9, or pubhc 
employer, as defmed m section 626, that employs at least 25 employees ill the usual 
and regular course ofbusmess for more than 120 days many calendar year 
2. Pay for reportmg to work. On any day an employee reports to work at the request 
of an employer and the employer cancels or reduces the number of hours m an employee's 
shift, the employee must be paid the lesser of 
A Two hours of pay at the employee's regular hourly rate of pay, and 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT"£>" to SP 486, L D 1190 
B The total pay for the shift for which the employee was imtially scheduled 
3. Nonce. An employer that makes a documented good faith effort to notify an 
employee not to report to work is not hable to pay wages under subsection 2 If the 
employee reports to work after the employer's attempt to notify the employee has been 
unsuccessful or if the employer is prevented from makmg notification for any reason, the 
employee shall perform whatever duties are assigned by the employer at the tune the 
employee reports to work, as long as the employee is physically able to perform those 
duties 
4. Exceptmn The provisions of this section do not apply if an employee is not required 
to work or is unable to work due to 
A Adverse weather condit10ns, 
B A natural disaster or civil emergency, 
C An illness or medical condition of the employee, or 
D A workplace mmry of the employee 
5. Rules. The Department of Labor may adopt rules to implement and enforce the 
prov1s10ns of this sect10n Rules adopted pursuant to this subsect10n are routme techmcal 
rules as defmed m Title 5, chapter 375, subchapter 2-A 
Sec. 3. Appropriations and allocations. The followmg appropnat10ns and 
allocations are made 
LABOR, DEPARTMENT OF 
RegulatJ.on and Enforcement 0159 
Imtiative Provides ongomg funds for one half-tune Labor and Safety Inspector position 
and related All Other costs to support the anticipated mcrease m workload to ensure 
compliance with wage and hour regulat10ns 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2023-24 
2024-25 
500 
500 
$33,504 
$46,904 
$4,252 
$5,669 
$37,756 
$52,573 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment 1s the mmonty report of the committee 
It replaces the bill and 
6 
changes the title It provides that on any day an employee reports to work at the request of 
an employer and the employer cancels or reduces the number of hours man employee's 
shift, the employee must be paid the lesser of 2 hours of pay at the employee's regular 
hourly rate of pay, or the total pay for the shift for which the employee was scheduled An 
employer that makes a documented good faith effort to notify an employee not to report to 
COMMITTEE AMENDMENT 
COMMITTEE AMEND:rvIBNT" e:s to SP 486, L D 1190 
work 1s not hable to pay wages If the employee reports to work after the employer's attempt 
to notify the employee has been unsuccessful or tf the employer 1s prevented from makmg 
nottficat10n for any reason, the employee shall perform whatever duties are assigned by the 
employer at the time the employee reports to work The prov1s1on does not apply when an 
employee 1s not requrred to work due to adverse weather cond1t1ons, a natural disaster, a 
civil emergency, an Illness or medical cond1t1on of the employee or a workplace mJury of 
the employee The amendment applies to public employers but not to certam seasonal 
employers This amendment applies to employers who employ at least 25 employees m the 
usual and regular course of busmess for more than 120 days many calendar year 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/17 /23 /k'aC.. 
LD 1190 
LR 1989(03) 
An Act to Ensure a Fair Workweek by Reqmring Notice of Work Schedules 
Fiscal Note for BIii as Amended by Committee Amendment 'jz; (S-2-li" 
Committee: Labor and Housmg 
CJ 1 >_} 
Net Cost (Savmgs) 
General Fund 
Appropriations/ Allocations 
General Fund 
Correctional and JudICial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$37,756 
$52,573 
$37,756 
$52,573 
ProJections 
FY 2025-26 
$54,262 
$54,262 
Establishes new civil forfeitures and may mcrease the number of civil suits filed m the court system 
ProJections 
FY 2026-27 
$56,011 
The addit10nal workload associated with the mmunal number of new cases filed m the court system does not require 
add1t10nal fundmg at this time 
The collect10n of addit10nal fines will mcrease General Fund or other dedicated revenue by mmor amounts 
Fiscal DetaII and Notes 
This bill mcludes ongomg General Fund appropnat10ns of $37,756 m fiscal year 2023-24 and $52,573 m fiscal year 
2024-25 to the Regulat10n and Enforcement program withm the Department of Labor for one half-time Labor and 
Safety Inspector position and related All Other costs to support the anticipated mcrease m workload to ensure 
compliance with wage and hour regulat10ns This fiscal note assumes an October 1, 2023 effective date 
LR1989(03) - Fiscal Note - Page 1 of 1