An Act to Allow
Maine Legislature, Session 132, LD 0653
Committee Amendment CA_A_H466 (House)
Amends: 26 MRSA §664, 26 MRSA §670-A

.COMMITTEE AMENDl\IBNT "A" to. H.P. 4.2.1, L.D. 65~, "An Act to Allow 
Teachers to Qualify for Overtime Pay>' 
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Amend the bill in section 1 in paragraph Kin the last line (page. I, line 10 in I,,.D.) by 
inserting after the following: "teacher" the following: 'by a school admmistrative unit or by 
the executive branch of the State' 
Amend the bill by inserting after section 1 the following: 
.'Sec. 2. 2~ 1".ffi.SA §664, sub-§3, ~' as amended. by PL ~00,3, c:-423, § 1 and 
affected by §5, is. further amended to read: 
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D.. Public employ~es, except those employed b; the ix~cu~_i~~ ~rju4ici~l branch qr'th~ 
Sta.te and teachers employed by a school administrative unit or by the execticlv.e branch 
. of the State; 
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Sec. 3, 26 MRSA §664, sub-§4, as enacted by PL 2003, c. 423; §2 artd affee:ted by 
§5, is amended to read: 
4. 
Compensatory time. 
To the extent perriritted under the federal Fair Labor 
Standards Act of 1938, as amended, 29 United States Code, Section 207(0), the overtime 
pay requirement applicable to executive or judicial ymployees as described in subsection 
3, paragraph D may be met through compensatory time agt'eements. This subsection does 
not apply to teachers employed by a school administrative unit or by the executive branch 
of the State. 
Sec. 4. 26 MRSA §670-A, as enacted by PL 2003, c. 423, §3 and affected by §5, is 
amended to read: 
§670-A. Remedies for overtime wage violations involving state employees 
Notwithstanding section 670, in an action brougl1t to recover unpaid overtime wages 
for an employee of the executive or judicial branch of the State, except for teachers. the 
judgment or award is limited to the unpaid overtime compensation adjudged to be due, 
without liquidated damages or attorney's fees. An action for unpaid ove1time wages for an 
employee of the executive or judicial branch of the State, except for teachers, must be 
COMMITTEE AMENDMENT 
O;q$ 
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11. 
COMMITTEE AMENDMENT 'A" to H.P. 421, L.D. 653 
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brought within 2 years after the cause of action accrued, except that a cause of action arising 
from a willful violation of the overtime wage payment law must be commenced within 3 
years after the cause of action accrued. Overtime wages are recoverable by employees of 
the executive or judicial branch, except for teachers, beginning with the later of the date 
the cause of action accrued and the date the applicable limitations period began. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Initiative: Provides ongoing funds for one Labor and Safety Inspector position and related 
All Other costs to manage an anticipated increase in complaint investigations and to 
conduct education and outreach. 
GENERAL FUND 
2025-26 
2026-27 
POSITIONS - LEGISLATIVE COUNT 
1.000 
1.000 
Personal Services 
$75,336 
$103,880 
All Other 
$6,052 
$8,087 
GENERAL FUND TOTAL 
$81,388 
$111,967 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, adds provisions that 
exclude teachers employed by school administrative units and the executive branch from 
the public employee exemption to entitlement to paid overtime. The amendment provides 
that teachers employed by the executive branch are entitled to . the same remedies for 
overtime wage violations as workers not employed by the executive or judicial branch. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/27/25 L-RL-
LD 653 
LR 1691(02) 
An Act to Allow Teachers to Qualify for Overtime Pay 
Fiscal Note for Bill as Amend.ed by Committee Amendment* {H:__Jj h~) 
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Committee: Labor 
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1 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations_ 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2025-26 
$81,388 
$81,388 
FY 2026-27 
$111,967 
$111,967 
Projections 
FY 2027-28 
$116,018 
$116,018 
Projections 
FY 2028-29 
$120,227 
$120,227 
This bill includes ongoing General Fund appropriations of $81,388 in fiscal year 2025-26 and $111,967 in fiscal year 
2026-27 to the Department of Labor for one Labor and Safety Inspector position and related All Other costs to 
manage the anticipated increase in complaint investigations and to conduct education and ouh·each, This fiscal note 
assumes an effective date of October 1, 2025. 
Excluding teachers employed in school administrative units (SAUs) and the executive branch from the public 
employee exemption to entitlement to paid overtime will increase costs to SAUs beginning in fiscal year 2025-26. 
Because the Essential Programs and Services funding model does not factor in overtime costs for teachers, this 
additional cost will be fully borne by SAUs. The impact to individual SA Us can not be estimated at this time. 
LR1691(02) - Fiscal Note - Page 1 of 1