An Act to Make
Maine Legislature, Session 132, LD 0589
Committee Amendment CA_A_S196 (Senate)

COMMITTEE AMENDMENT "A'' to S.P. 273, L.D. 589, "An Act to Make 
Agricultural Workers and Other Related Workers Employees Under the Wage and Hour 
Laws'' 
Amend the bill by striking out the title and substituting the following: 
'An Act to Establish a State Minimum Hourly Wage for Agricultural Workers' 
Amend the bill by striking out everything after the enacting clause and inserting the 
S 
following: 
1Sec, 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, 
11Employ
means to suffer or permit to work. 
2. Employee. 
11Employee
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. Employer. "Employer" means a pe1·son or entity that dil'ectly or indirectly engages 
the services or permits the work of an individual employed to perform agricultural labo1· 01· 
an individual employed in certain activities related to agriculture. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 273, L.D. 589 { $.,. }C:, UL.} 
4. Wages. 
11Wages
means compensation paid to an employee in the form of legal 
tender of the United States and checks on banks conve1tible into cash on demand and 
includes the reasonable cost to the employer that furnishes the employee board ol' lodging. 
11Wages
also includes compensation paid through a direct deposit system, automated teller 
machine ca1·d 01· other means of electronic transfer as long as the employee can make an 
initial withdrawal of the entire net pay without additional cost to the employee 01· 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 Januaty 1. 2026. the minimum hourly wage for an employee is $14.65 per 
hour. increased by the increase. if any. in the cost of living. measured by the percentage 
increase. if any. as of August of 2025 over August of 2024 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 Depa1tment of Labo1·. Bureau of Labor 
Statistics or its successor agency. with the amount of the minimum hourly wage increase 
rounded to the nearest multiple of 5¢, On Januaiy 1, 2027 and each Janua1y 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 yea1· in the Consumer Price Index for Urban Wage Earners and Clerical 
Workers. CPI"W, for the Nm1heast 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 thereaftel'. 
§653. Records; retention, examination, copies 
An employer subject to this subchapter shall keep a true and accurnte 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 hout·s, 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 electl'onic format. the 
employer shall provide a method by which the employee moy have ready access to the 
information and print it without cost to the employee. The director or the director's 
authorized representative may, and upon wl'itten 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 
necessa1:y for the enforcement of this subchapter. 
COMMITTEE AMENDMENT 
IO 
COMMITTEE AMENDMENT "A" to S.P. 273, L.D. 589 ( s~ { q 9 
§654. Enforcement 
An employer is liable to an employee for the amount of any unpaid minimum hourly 
wages under this subchapter. Upon a jt1dgment 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 egual to the unpaid minimum hourly wages as liquidated 
damages and costs of suit, including a reasonable attomey's fee. 
An employer that violates this subchapter is subject to a fine of not less than $50 and 
not more than $200. 
An employer that discharges or in any other manner discriminates against an employee 
because the employee makes a complaint to the director 01· 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. 
The Depa11ment of Labor has exclusive authority to bring an action for unpaid wages 
on behalf of an employee 01· employees under this section. 
This section may not be construed to restrict or impair any existing right available to 
an employee under any other section of this chapter. 
In the event of a violation of this subchapter. the Attomey General may bring an action 
in the Superior Court to enjoin further violation of this subchapter. 
§655, Unfair contracts 
An employer may not be exempted from this subchapter by special contract with an 
employee or by any other means.' 
Amend the bill by relettering 01· renumbering any nonconsecutive Part letter 01· section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and changes the title. The amendment provides that, 
beginning January 1, 2026, the minimum houdy wage for an individual employed to 
perform agricultural labor may not-be paid at a rate less than the state minimum hourly 
wage, It provides that, on January 1, 2027 and each Janua1y 1st thereafter, the minimum 
hourly wage then in effect must be increased by the increase in the cost of living, It also 
provides that employers that employ individuals to perfotm 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 amendment provides remedies for employees and penalties for 
employers for minimum hourly wage violations. It prnvides that the Department of Labor 
has exclusive authority to bring an action for unpaid wages on behalf of an employee fol' 
unpaid minimum hourly wages. It also prnvides that the provisions of the amendment may 
not be construed to restrict or impail' any existing right available to an employee under any 
othel' section of the Maine Revised Statutes, Title 26, chapter 7. 
FISCAL NOTE REQUffiED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/16/25 L-RL 
LD589 
LR 197(02) 
An Act to Make Agl'icultural Workers and Other Related Workers Employees Under the Wage and 
Hour Laws 
Fiscal Note for Bill as Amended by Committee Amendment 11/\"( S- /q{.a;\ 
Committee: Labor 
n 
/ 
Fiscal Note Required: Yes 
• 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase- Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with u1e 
minimal number of new cases does not require additional funding at this time. The collection of additional fines and 
filing fees will increase General Fund or other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Labor and the Office of the Attorney General from the enforcement of this 
bill are'expected to be minor and can be absorbed within existing budgeted resources. 
LR0197(02) - Fiscal Note• Page l of I