An Act to Make Agricultural Workers and Other Related Workers
Maine Legislature, Session 132, LD 0589
Sponsors: TALBOT ROSS, ROEDER, DAUGHTRY, FECTEAU
Amends: 26 MRSA §603, 26 MRSA §663, 26 MRSA §664

Legislative Document
No. 589
S.P. 273
In Senate, February 25, 2025
An Act to Make Agricultural Workers and Other Related Workers 
Employees Under the Wage and Hour Laws
Received by the Secretary of the Senate on February 19, 2025.  Referred to the Committee 
on Labor pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TALBOT ROSS of Cumberland.
Cosponsored by Representative ROEDER of Bangor and
Senators: BENNETT of Oxford, CURRY of Waldo, President DAUGHTRY of Cumberland, 
HICKMAN of Kennebec, ROTUNDO of Androscoggin, TIPPING of Penobscot, 
Representatives: Speaker FECTEAU of Biddeford, GERE of Kennebunkport.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §603, sub-§3, ¶D, as amended by PL 2007, c. 640, §1, is further 
amended to read:
D.  An individual exempt from the definition of employee in section 663, subsection 
3, paragraph A, C, F, G, I or J;
Sec. 2.  26 MRSA §603, sub-§3, ¶F, as enacted by PL 1999, c. 750, §1, is repealed.
Sec. 3.  26 MRSA §663, sub-§3, ¶A, as amended by PL 1975, c. 717, §5, is 
repealed.
Sec. 4.  26 MRSA §664, sub-§3, ¶F, as amended by PL 2019, c. 387, §1, is 
repealed.
Sec. 5.  26 MRSA §664, sub-§3-A is enacted to read:
3-A.  Overtime rate for individuals employed in agriculture.  Notwithstanding any 
provision of subsection 3 to the contrary, an employer may not require an individual 
employed in agriculture as defined in the Employment Security Law and the Federal 
Unemployment Tax Act or an individual employed in certain activities related to 
agriculture to work more than 40 hours in any one week unless the hourly rate specified in 
this subsection is paid for all hours actually worked in excess of 40 hours in that week. The 
regular hourly rate includes all earnings, bonuses, commissions and other compensation 
that is paid or due based on actual work performed and does not include any sums excluded 
from the definition of "regular rate" under the federal Fair Labor Standards Act of 1938, 
United States Code, Section 207(e).  
A. Beginning January 1, 2026, an individual employed in agriculture or an individual 
employed in certain activities related to agriculture may not be required by an employer 
to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate 
is paid for all hours actually worked in excess of 50 hours in that week.
This paragraph is repealed January 1, 2027.
B. Beginning January 1, 2027, an individual employed in agriculture or an individual 
employed in certain activities related to agriculture may not be required by an employer 
to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate 
is paid for all hours actually worked in excess of 45 hours in that week.
This paragraph is repealed January 1, 2028.
C. Beginning January 1, 2028, an individual employed in agriculture or an individual 
employed in certain activities related to agriculture may not be required by an employer 
to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate 
is paid for all hours actually worked in excess of 40 hours in that week.
For the purposes of this subsection, "certain activities related to agriculture" means the 
canning; processing; preserving; freezing; drying; marketing; storing; packing for 
shipment; or distributing of agricultural produce; meat and fish products; and perishable 
foods.
Sec. 6.  Effective date. This Act takes effect January 1, 2026.
SUMMARY
This bill provides that agricultural employees and seasonal farm employees are subject 
to the laws that place limits on mandatory overtime.  It also provides that agricultural 
employees are subject to the laws that set a minimum wage and overtime rate.  It provides 
that the laws that set an overtime rate apply to certain activities related to agricultural 
produce, meat and fish products and perishable foods.  The bill phases in overtime pay for 
individuals employed in agriculture and certain activities related to agriculture.