An Act to Ensure a Fair Workweek by RequirmgNotice of Work Schedules
Maine Legislature, Session 131, LD 1190
Committee Amendment CA_A_S377 (Senate)
Amends: 26 MRSA §626-A, 26 MRSA §639-A

COMMITTEE AN.1ENDI\.1ENT "II-" to SP 486, L D 1190, "An Act to Ensure a Fair 
Workweek by RequirmgNotice of Work Schedules" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act to Reqmre Mm1mum Pay for Reporting to Work' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 26 MRSA §626-A, first 1, as amended by PL 2021, c 404, §2, 1s further 
amended to read 
Whoever v10lates any of the prov1s10ns of sect10n 600-A, sections 621-A to 623 or 
sect10n 626, 628, 628-A, 629 ef~ 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 
followmg terms have the followmg meanmgs 
A "Employee" has the same meanmg as m section 663, subsection 3, but does not 
mclude an md1v1dual employed m a seasonal mdustry as defmed m section 1251, 
subsection 1 
B "Employer" means an employer, as defmed m section 1043, subsect10n 9, that 
employs at least 10 employees m the usual and regular course of busmess for more 
than 120 days many calendar year "Employer" does not mclude a pubhc employer as 
defmed m section 626 
2. Pay for reporting 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 man employee's 
scheduled shift, the employee must be paid the lesser of 
COMMITTEE AMENDMENT 
~os 
COMMJTIBE AMEND~" A" ID S P 486, L D 1190 
A Two hours of pay at the employee's regular hourly rate of pay, and 
B The total pay for the shift for which the employee was imtially scheduled 
3. Notice. An employer that makes a documented good faith effort to notify an 
employee not to report to work is not liable 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 time the 
employee reports to work, as long as the employee is physically able to perform those 
duiles 
Exception. The prov1S1ons of this section do not apply if an employee is not required 
to work or is unable to work due to 
A Adverse weather conditions. 
B A natural disaster or ctvtl emergency, 
C An illness or medical condition of the employee, or 
D A workplace mrnry of the employee 
5. Rules. The Department of Labor may adopt rules to Implement and enforce the 
provisions of this section Rules adopted pursuant to this subsect10n are routme techmcal 
rules as defmed m Title 5, chapter 3 7 5, subchapter 2-A 
Sec. 3. Appropriations and allocations. The followmg appropnations and 
allocations are made 
LABOR, DEPARTMENT OF 
Regulat10n and Enforcement 0159 
Imtiabve Provides ongomg funds for one half-time Labor and Safety Inspector posit10n 
and related All Other costs to support the anticipated mcrease m workload to ensure 
compliance with wage and hour regulat10ns 
GENERAL FUND 
2023-24 
2024-25 
POSITIONS - LEGISLATIVE COUNT 
500 
500 
Personal Services 
$33,504 
$46,904 
All Other 
$4,252 
$5,669 
GENERAL FUND TOTAL 
$37,756 
$52,573 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment is the m3.Jonty report of the committee It replaces the bill and 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 m an employee's 
scheduled 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 
COMMITTEE AMENDMENT 
«--os 
COMMITTEE AMENDMENT ':4 "to SP 486, L D 1190 
scheduled An employer that makes a documented good faith effort to notify an employee 
not to report to 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 1f the employer 1s 
prevented from makmg not1ficat1on for any reason, the employee must perform whatever 
duties are assigned by the employer at the t1me the employee reports to work 
The 
prov1s10n does not apply when an employee 1s not requrred to work due to adverse weather 
cond1t1ons, a natural disaster, a c1v1l emergency, an Illness or medical cond1t1on of the 
employee or a workplace mJury of the employee The amendment does not apply to pubhc 
employers or certam seasonal employers This amendment applies to employers who 
employ at least 10 employees m the usual and regular course ofbusmess for more than 120 
days m any calendar year 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/17 /23 ;tW'aC!. 
LD 1190 
LR 1989(02) 
An Act to Ensure a Fair Workweek by Requirmg Notice of Work Schedules 
Fiscal Note for BIii as Amended by Committee Amendment ';4-' f( S-3-iP 
Committee: Labor and Housing 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
ProJectJ.ons 
FY 2025-26 
ProJectJ.ons 
FY 2026-27 
Net Cost (Savmgs) 
General Fund 
Appropnat1ons/ Allocations 
General Fund 
Correctional and Jud1cml Impact Statements 
$37,756 
$37,756 
$52,573 
$54,262 
$52,573 
$54,262 
Establishes new civil forfeitures and may mcrease the number of civil smts filed m the court system 
$56,
I 
$56,011 
The addit10nal workload associated with the mmnnal number of new cases filed m the court system does not reqmre 
addit10nal fundmg at this time 
The collect10n of addit10nal fines will mcrease General Fund or other dedicated revenue by mmor amounts 
Fiscal Detail 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 Regulation 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(02) - Fiscal Note - Page 1 of 1