An Act to Support Rural
Maine Legislature, Session 132, LD 0898
Committee Amendment CA_A_S144 (Senate)

COMMITTEE AMENDMENT " /T " to S.P. 387, L.D. 898, "An Act to Support Rural
Workforce R.ecruitment by Allowing Pay Differentials Based on Work Site Location and
Employee Experience and Credentials Under the Maine Equal Pay Law"
Amend the bill by striking out the title and substituting the following;
'Resolve, to Support Rural Hcaltli Care Workforce Recrmtment'
Amend (he bill by striking out everything after the title and inserting the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do. not
become effective until 90 days after adjournment unless enacted as emergencies; and..
Whereas, the State is eKperiencing a serious shortage of health care providers,
particularly in rural communities; and
Whereas, the changes (o the Department of Labor's rules relating to equal pay
provided for in this legislation are designed to alleviate that health care provider shortage,
. and
. Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; how,
therefore, be it
Sec. 1.'Department of Labor; rulemaking. Resolved: That the Department of
Labor shall initiate rulemaking to amend its Bureau of Labor Standards rule Chapter 12:
Rules Relating to Equal Pay, as follows;
I. The rule must be amended in Section I(G) to clarify, for the purposes of the
definition of "establishment," that different entities or facilities operated by a hospital or
health care entity at different physical locations are not considered a single establishment;
and
Page I -132 LR 1637(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT" ^ " to S.P. 387, L.D,898
2. Tlie rule must be amended in Section I(I<) to clarify, for the purposes of the
definition of "seniority system," that preference under a seniority system must be given (o
workers based on years of service or based on pertinent experience or credentials.
Tlie rule changes directed under this section must be finally adopted by the department
no later than October 1, 2025. Rules adopted pursuant to tins section are routine technical
rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
Tins amendment replaces the bill with a resolve and directs the Department of Labor
to amend its Bureau of Labor Standards rule Chapter 12; Rules Relating to Equal Pay to
make clarifications under that rule to the definitions of "establishment" and "seniority
system." Those rule changes must be accomplished through routine technical rulemaidng
and must be finally adopted by the department no later than October I, 2025.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 05/08/25 t-Ki-
LD 898 LR 1637(02)
An Act to Support Rural Workforce Recruitment by Allowing Pay Differentials Based on Work Site
Location and Employee Experience and Credentials Under tlie Maine Equal Pay Law
Fiscal Note for Bill as Amended by Committee Amendment "^"/ c^^
Committee: Labor
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Additional costs to the Department of Labor associated with the mlemaking process can be absorbed within existing
budgeted resources.
LR1637(02) - Fiscal Note - Page 1 of 1