reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 10 - RULES GOVERNING EMPLOYMENT LEAVE FOR VICTIMS OF VIOLENCE › Section 170-10-V - Complaint Process

Current through 2024-29, July 17, 2024
A. Any aggrieved
				party who believes that they have been unreasonably denied leave under
				26 MRSA
				Section850 who contacts the Bureau will be
				provided a copy of these rules, a copy of
				26 MRSA
				Section850 and a complaint form.
B. Based on a written complaint by the
				aggrieved party, the Bureau will investigate in accordance with the procedures
				used in investigation of wage complaints, including, but not limited to,
				accessing employer records. The investigation of any complaint may be conducted
				with the cooperation any other agencies the Bureau deems appropriate.
C. Any communication with or information
				provided to the Department under this section will be considered confidential
				in accordance with MRSA 26 § 3 and may not be divulged to any other person
				or agency except in so far as may be necessary for the enforcement of this
				chapter. Provided however that the Department may disclose such information:
1. When the aggrieved party and the employer
				consent to its release;
2. To any
				party involved in litigation under this chapter when the information is
				relevant to the claim;
3. to other
				government agencies when the Director believes that the information will
				further the protection of the public or assist in the enforcement of local,
				state, and federal laws.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 10 - RULES GOVERNING EMPLOYMENT LEAVE FOR VICTIMS OF VIOLENCE › Section 170-10-VI - Penalties

Current through 2024-29, July 17, 2024
A. For denial of leave in violation of this
				section, a fine of up to $1,000 for each violation of this section may be
				assessed. A fine assessed under this paragraph must be paid to the Treasurer of
				State. Additionally, the employer shall pay liquidated damages to the affected
				individual in an amount equal to 3 times the amount of total assessed fines;
				and,
B. For termination in
				connection with an individual exercising a right granted by this section, the
				affected individual may elect to receive:
1.
				Liquidated damages pursuant to paragraph A; or,
2. Reemployment with the employer with back
				wages.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 11 - RULES GOVERNING HAZARDOUS OCCUPATIONS FOR MINORS UNDER THE AGE OF EIGHTEEN IN NON-AGRICULTURAL EMPLOYMENT › Section 170-11-1 - Definitions

Current through 2024-29, July 17, 2024
For the purpose of these regulations, the following terms
				  will be construed as follows:
A.
				"Bureau" means the Bureau of Labor Standards within the Department of
				Labor.
B. "Director" means the
				director of the Bureau of Labor Standards or the director's designee in the
				Wage & Hour Division.
C.
				"Hazardous Occupation" means a State prohibited occupation for any minor under
				the age of sixteen or under the age of eighteen in non-agricultural
				employment.
D. "Student Learner"
				means a student enrolled in a course of study and training in a CTE cooperative
				or vocational training program under a recognized State or local educational
				authority or in a course of study in a substantially similar program conducted
				by a private school.
E. "Apprentice"
				means a person who is employed in a craft recognized as an apprenticeable trade
				and is registered by the Bureau of Apprenticeship and Training of the U.S.
				Department of Labor as employed in accordance with the standards established by
				that Bureau, or is registered by a State agency as employed in accordance with
				the standards of the State apprenticeship agency recognized by the Bureau of
				Apprenticeship and Training, or is employed under a written apprenticeship
				agreement and conditions which are found by the Secretary of Labor to conform
				substantially with such Federal or State standards.
F. "Nude Entertainment" means any amusement,
				performance, exhibition or diversion which includes the showing of the human
				male or female genitals, pubic area, or buttocks with less than a fully opaque
				covering, the showing of the female breast with less than a fully opaque
				covering of any part of the nipple, or the showing of the covered male genitals
				in a discernibly turgid state. This does not include incidental nudity in a
				theatre or film performance or exhibition.
G. "Outside Helper" means an individual,
				other than a driver, whose work includes riding on a motor vehicle outside the
				cab for the purpose of assisting in transporting or delivering goods.
H. "CTE-Student" (Career Technical Education)
				mean a student enrolled in an approved CTE program offered from a CTE center or
				region as defined in
				20-A M.R.S.A
				§§8301-A,
				8306-B,
				8401,
				and
				8451.
I. "Power driven hoisting apparatus" does not
				include grease rack lifts used in gasoline service stations, tire stores, and
				other establishments servicing automobiles.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 11 - RULES GOVERNING HAZARDOUS OCCUPATIONS FOR MINORS UNDER THE AGE OF EIGHTEEN IN NON-AGRICULTURAL EMPLOYMENT › Section 170-11-2 - Enforcement Responsibilities

Current through 2024-29, July 17, 2024
A. The Director has
				the responsibility to ensure the protection of young workers from dangerous
				work and may, and upon written complaint shall, enter any establishment for the
				enforcement of laws that regulate the occupations of minors under the age of
				eighteen.
B. The Director has the
				responsibility of providing an updated printed list of hazardous occupations,
				determined by the Director, and shall make the same available to the public
				upon request.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 11 - RULES GOVERNING HAZARDOUS OCCUPATIONS FOR MINORS UNDER THE AGE OF EIGHTEEN IN NON-AGRICULTURAL EMPLOYMENT › Section 170-11-3 - State Prohibited Occupations

Current through 2024-29, July 17, 2024
A.
Minors
				Under Sixteen Years of Age
Minors under the age of sixteen may not be employed in the
				  following occupations:
1. Any
				manufacturing occupation;
2. Any
				mining occupation;
3. Any processing
				occupation (except those allowed in retail, food service and gasoline service
				stations, and all other venues not prohibited by federal law);
4. Motor vehicle driving of any kind and
				outside helper;
5. Operation or
				tending of hoisting apparatus or of any power-driven machinery other than
				non-hazardous office machines or machines in retail, food service and gasoline
				service establishments that are allowed by federal law;
6. Construction occupations involving:
a. Maintenance and repair of public
				highways;
b. All roofing
				occupations;
c. All trenching and
				excavation operations;
7.
				All work in boiler or engine rooms;
8. Outside window washing that involves
				working from window sills and all work involving the use of ladders, scaffolds
				or their substitutes;
9. Cooking
				(except at soda fountains, lunch counters, snack bars or cafeteria serving
				counters and other venues allowed by federal law) and baking;
10. Occupations which involve operating,
				setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers
				and grinders, food choppers and cutters and bakery-type mixers;
11. All work in freezers and meat
				coolers;
12. Occupations involving
				the use of power-driven mowers or cutters, including the use of chain
				saws;
13. All warehousing
				occupations, including the loading and unloading of trucks and use of
				conveyers;
14. All welding, brazing
				or soldering occupations;
15.
				Occupations involving the use of toxic chemicals and paints;
16. Selling door-to-door (except when the
				minor is selling candy or merchandise as a fund-raiser for school or for an
				organization to which the minor belongs, such as Girl Scouts of America) or
				work in a traveling youth crew;
17.
				All occupations on amusement rides, including ticket collection or
				sales;
18. Any placement at the
				scene of a fire, explosion or other emergency response situation: and
19. All occupations that are expressly
				prohibited for sixteen and seventeen-year-old minors;
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 11 - RULES GOVERNING HAZARDOUS OCCUPATIONS FOR MINORS UNDER THE AGE OF EIGHTEEN IN NON-AGRICULTURAL EMPLOYMENT › Section 170-11-4 - Limited Exemption for 17 Year Old Employees

Current through 2024-29, July 17, 2024
1. Seventeen-year-olds, but no one under 17
				years of age, may drive automobiles and trucks on public roads as part of their
				employment on an occasional and incidental basis if all the following
				requirements are met:
a. The automobile or
				truck does not exceed 6,000 pounds gross vehicle weight;
b. The driving is limited to daylight
				hours;
c. The 17-year-old holds a
				state license valid for the type of driving involved;
d. The 17-year-old has successfully completed
				a state-approved driver education course and has no record of any moving
				violations at the time of hire;
e.
				The driving takes place within a thirty (30) mile radius of the minor's place
				of employment;
f. The automobile or
				truck is equipped with a seat belt for the driver and any passengers and the
				employer has instructed the youth that the seat belts must be used when driving
				the vehicle;
g. The driving may not
				involve: towing vehicles; route deliveries or route sales; transportation for
				hire of property, goods, or passengers; urgent, time-sensitive deliveries;
				transporting more than three passengers, including employees or the employer;
				more than two trips away from the primary place of employment in any single day
				to deliver the employer's goods to a customer (other than urgent,
				time-sensitive deliveries which are prohibited); more than two trips away from
				the primary place of employment in a single day to transport passengers, other
				than employees of the employer.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 11 - RULES GOVERNING HAZARDOUS OCCUPATIONS FOR MINORS UNDER THE AGE OF EIGHTEEN IN NON-AGRICULTURAL EMPLOYMENT › Section 170-11-6 - Coverage

Current through 2024-29, July 17, 2024
These rules apply to all employment and nonemployment
				  situations. Non-employment situations include but are not limited to legitimate
				  training and volunteer programs that ensure the safety and well-being of
				  minors. These rules do not apply to minors in public and approved private
				  schools where mechanical equipment is installed and operated primarily for the
				  purpose of instruction.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 12 - RULES RELATING TO EQUAL PAY › Section 170-12-II - Equal Pay for Jobs with Comparable Requirements

Current through 2024-29, July 17, 2024
A. An employer shall not discriminate between
				employees within the same establishment on the basis of gender by paying wages
				to any employee in any occupation at a rate less than the rate paid to an
				employee of the opposite gender for comparable work on jobs with comparable
				requirements related to skill, effort, and responsibility.
B. Nothing in subsection A shall prohibit the
				payment of different wages to employees where such payment is made pursuant to
				any of the following:
1. A seniority
				system;
2. A merit increase system;
				or
3. A difference in the shift or
				time of day worked.
Nonetheless, the preceding systems or circumstances must not
				  be found to discriminate on the basis of gender.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 12 - RULES RELATING TO EQUAL PAY › Section 170-12-IV - Presumption of Compliance

Current through 2024-29, July 17, 2024
A. Where an
				employer, charged under this chapter with unlawful discrimination, has
				completed a self evaluation which meets the standards set forth in Section V
				and can also make an affirmative showing that progress is being made towards
				removing or preventing wage differentials based on gender, in accordance with
				that evaluation, including implementing any required remediation plan, the
				Bureau will then presume that the employer has not engaged in gender
				discrimination in violation of this chapter.
B. In such cases, the Bureau must give the
				aggrieved party an opportunity to rebut this presumption through evidence which
				reasonably demonstrates that, notwithstanding the employer's self-evaluation,
				the employer has violated this chapter. In meeting the burden of overcoming
				this presumption the aggrieved party may provide all relevant information
				including, but not limited to, evidence that:
1. The employer's job analysis devalues
				attributes associated with jobs occupied predominantly by members of one gender
				and/or over-values attributes associated with jobs occupied predominantly by
				members of the other gender;
2.
				Notwithstanding non-discriminatory basic pay rates, periodic raises, bonuses,
				incentive payments, or other forms of remuneration differ between jobs occupied
				predominantly by members of one gender; or
3. The job the aggrieved party occupies was
				not adequately evaluated.
4. A job
				evaluation process has been completed and, if necessary, a remediation process
				is in progress or has been completed, but the self-evaluation has not been
				reviewed and updated at reasonable intervals to adjust for changes in the work
				environment over time.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 12 - RULES RELATING TO EQUAL PAY › Section 170-12-V - Employer Self-Evaluation

Current through 2024-29, July 17, 2024
A. In order to be
				eligible for the presumption of compliance in accordance with Section IV, the
				self-evaluation must:
1. Clearly define the
				establishment in accordance with Section I, subsection G;
2. Analyze the employee population to
				identify possible areas of pay discrimination;
3. Establish a job evaluation plan as a means
				of determining the value of jobs within the establishment. The plan must:
a. Be free of any gender bias;
b. Allow for the comparison of all jobs;
				and
c. Fully and accurately measure
				the skill, effort, and responsibility of each job based on the actual work
				performance requirements of the jobs evaluated;
4. Apply the job evaluation plan to all or a
				significant sample of jobs, focusing on those that are predominately occupied
				by one gender;
5. Create a job
				classification structure where jobs of equal value are placed in the same level
				or grouping;
6. Determine the base
				pay differential between jobs that are predominately occupied by one gender to
				those predominately occupied by the other gender, in order to identify any wage
				rate discrimination; and
7. Remedy
				any base pay differential identified in subsection 6. In order to meet this
				standard, such remediation may not reduce the pay of any employee or class of
				employees.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-II - Board of Minimum Wage Rates on Construction Projects

Current through 2024-29, July 17, 2024
A) The Board will consist of eight members to
				be appointed by the Director as follows:
1) A
				worker, not covered by a collective bargaining agreement, engaged in a building
				construction trade;
2) A worker,
				covered by a collective bargaining agreement, engaged in a building
				construction trade or the representative of a union covering a building
				construction trade;
3) A worker,
				not covered by a collective bargaining agreement, engaged in a highway or heavy
				and bridge construction trade;
4) A
				worker, covered by a collective bargaining agreement, engaged in a highway or
				heavy and bridge construction trade or the representative of a union covering a
				highway or heavy and bridge construction trade;
5) A building contractor that is not a
				signatory to a collective bargaining agreement;
6) A building contractor that is a signatory
				to a collective bargaining agreement;
7) A highway or heavy and bridge contractor
				that is not a signatory to a collective bargaining agreement; and
8) A highway or heavy and bridge contractor
				that is a signatory to a collective bargaining agreement.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-III - Construction Industry Classification

Current through 2024-29, July 17, 2024
A)
				Classification for purposes of survey response and wage determination must be
				done at the project level. Classification for the purpose of inclusion in the
				mailed survey will be based on the NAICS code assigned to the individual
				businesses from the cooperative program between the Maine Department of Labor
				and the U.S. Bureau of Labor Statistics called the Quarterly Census of
				Employment and Wages.
B) There
				will be three industry classifications: Building Construction, Highway
				Construction and Earthwork, and Heavy and Bridge Construction. Building
				Construction will be subdivided into two subcategories as described
				below.
C) Building Construction
				will include those construction activities listed in NAICS 236 Construction of
				Buildings;
1) The Building I subcategory will
				include the construction of single and two-family homes.
2) The Building II subcategory will include
				the construction of all other buildings and structures in NAICS 236 not
				otherwise classified in (1) above.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-IV - Determining Locality

Current through 2024-29, July 17, 2024
A) The locality for
				purposes of a wage determination will be the county where the construction will
				be performed and all immediately adjacent counties, provided that at least
				two-thirds of the wage rates can be based on data from this area.
1) To establish a prevailing wage rate for a
				trade there must be 10 or more workers in that trade.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-V - Wage Calculation and Reporting

Current through 2024-29, July 17, 2024
A) An
				employer shall report on the survey an hourly wage on all workers that worked
				during the two-week period. An individual worker should only be reported once
				at the site determined according to Section
				IV(D).
B) Bonuses and other wage payments not based
				on an hourly rate must be converted to an hourly rate and added into the
				regular hourly rate. The amount of the bonus or other wage payment must be
				divided by the hours the worker worked during the period covered by the bonus
				or other wage payment (e.g., an annual bonus must be divided by the total hours
				worked during the year by the worker receiving the bonus).
C) If, during the two-week period, a worker
				receives pay at two or more rates on the project in the industry selected in
				accordance with Section
				III, the rate at which the worker
				worked the most time must be reported. If this cannot be determined, the
				highest rate the worker was paid for work on the selected project must be
				reported.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-VI - Benefit Calculation and Reporting

Current through 2024-29, July 17, 2024
A) An
				employer shall report on the survey an hourly benefit rate on all workers that
				worked during the two-week period and received a benefit. An individual worker
				should only be reported once at the site determined in accordance with Section
				IV(D) and at the
				benefit rate associated with the pay rate selected in accordance with Section
				V.
B) Benefits not paid or valued on an hourly
				rate must be converted to and reported as an hourly rate. The conversion will
				be accomplished using the following formula:
(C/H) x F = Hourly Benefit Rate, where
C equals the cost or value of the benefit for some
				  period
H equals the yearly hours worked by the worker
F is the time period adjustment factor;
If C is the annual cost, F equals 1,
If C is the quarterly cost, F equals 4,
If C is the monthly cost, F equals 12,
If C is the biweekly cost, F equals 26,
If C is the weekly cost, F equals 52.
C) If, during the two-week period, a worker
				receives benefits at two or more rates at the benefit rate associated with the
				pay rate selected in accordance with Section V, the rate at which the worker
				worked the most time must be reported. If this cannot be determined, the
				highest rate the worker was paid for work during the period must be
				reported.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-VII - Wage and Benefit Relationship

Current through 2024-29, July 17, 2024
A) The median rates
				for wages and for benefits will be determined separately.
B) A contractor shall pay each worker on a
				covered project at least the prevailing hourly wage rate, as determined by the
				Bureau for that project, for the trade(s) within the construction industry
				category or categories in which the worker is employed.
C) A contractor shall provide benefits to
				each worker on a covered project at least at the prevailing hourly benefit rate
				as determined by the Bureau for that project for the trade(s) within the
				construction industry category or categories in which the worker is
				employed.
D) A contractor may
				comply with the requirement in (C) if the contractor is in compliance with (B)
				and the total of the hourly wages and benefits paid by the contractor is equal
				to or exceeds the total of the prevailing hourly wage and benefit rates as
				determined by the Bureau for that project for the trade(s) in which the worker
				is employed.
E) Records of employee
				benefits paid shall be recorded on a per hour basis as presented in Section
				VI.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-VIII - Rate Determination

Current through 2024-29, July 17, 2024
A) The Wage and
				Benefit minimum rates will remain paired and a total provided.
B) In choosing the higher of the rates for
				trades within their respective locality and construction groups, the following
				criteria will be used:
1) Locally set rates
				will be selected over all the others;
2) Statewide "Like Construction" rates will
				be next selected;
3) All
				construction rates will be last selected;
4) Rates with under 10 workers in the trade
				in the group will not be selected.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-IX - Issuance of Determinations

Current through 2024-29, July 17, 2024
A) Requests for
				determinations must use the process and web page specified by the
				Bureau.
B) If a wage determination
				request involves construction from more than one category of construction, the
				Bureau must issue separate determinations for each category where the estimated
				cost of that part of the construction exceeds $50,000.
C) A public agency or its representative must
				include a statement in any bid notice that the project is covered by a wage
				determination. The bid package must contain the wage determination(s) for the
				project. The contract with the winning bidder must include the wage
				determination(s) and a provision that the contractor will provide the wage
				determination(s) to all subcontractors.
D) A copy of the determination(s) for a
				project must be kept posted at the work site by the contractor and by all
				subcontractors at a prominent location, easily accessible by their workers.
1) On a project where there is no such
				location (e. g. a rural road resurfacing project) a contractor or subcontractor
				may comply with this requirement by providing each worker with a copy of the
				wage determination within the first full day that the worker works on that
				project. The contractor or subcontractor must be able to document that each
				worker has received a copy of the wage determination.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-X - Enforcement

Current through 2024-29, July 17, 2024
A) Enforcement of these rules and the laws
				upon which the rules are based will be the responsibility of the Bureau of
				Labor Standards, under the direction of the Director.
B) Each contractor and sub-contractor shall
				have payroll records available to a Bureau representative on each site covered
				by a wage determination. The records must be current to within three days of
				the latest pay period that was paid by the contractor or sub-contractor. These
				records must be retained, preserved, and open to inspection by the Bureau for
				at least three years following the completion of the project.
1) A contractor or subcontractor may comply
				with this provision by keeping the records for a site at a location within 10
				miles of the site.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-XI - Effect of Rules

Current through 2024-29, July 17, 2024
These rules will be effective five days after filing with
				  the Secretary of State and will govern the 2022 and subsequent surveys and any
				  prevailing wage and benefit determinations based on those surveys. These rules
				  will not control in any way any survey conducted prior to the 2022 survey, the
				  use of any data from such surveys, nor any prevailing wage and benefit
				  determinations based on such surveys.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 15 - RULES RELATING TO SEVERANCE PAY › Section 170-15-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this chapter and in interpreting
				  
				  26 MRSA §625-B, unless the context
				  clearly requires otherwise, the following terms have the following
				  meanings:
A. "Adjudicated bankruptcy"
				means the filing of a petition for bankruptcy.
B. "Continuously employed" means the employee
				has worked for the covered employer without a break of employment. Absence from
				the workplace while on paid or unpaid leave, including but not limited to
				vacation, sick, or family medical leave, or workers' compensation, is not
				considered a break in service.
C.
				"Date of termination or relocation" means the date on which there was a
				substantial cessation of operations as determined in accordance with section
				II.
D. "Eligible employee" means
				an individual who is qualified to receive severance pay as determined in
				accordance with section III.
E.
				"Gross wages" means all pay for work performed and includes, but is not limited
				to, earned leave such as vacation, holiday or sick time.
F. "Week's pay" means an amount equal to
				1/52nd part of the gross wages paid to the employee during the 12 months prior
				to the date of termination or relocation.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 15 - RULES RELATING TO SEVERANCE PAY › Section 170-15-II - Determination of the Date of Termination or Relocation

Current through 2024-29, July 17, 2024
If the Director determines that a termination or relocation
				  of a covered establishment has occurred or will occur, the Director shall
				  determine the date of termination or relocation in accordance with this
				  section.
A. In doing so, the Director
				shall consider the following factors:
1. The
				date of the decision to close or relocate the establishment;
2. The date of any announcement to the
				employees that the establishment will be closed or relocated;
3. The point at which the number of employees
				employed at the establishment is less than 50% of the number of employees for
				the same time period one year earlier;
4. The point at which the number of hours
				worked at the establishment is less than 50% of the number of hours worked for
				the same time period one year earlier; and
5. The point at which any production or
				output measure is less than 50% compared to the production or output for the
				same time period one year earlier.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 15 - RULES RELATING TO SEVERANCE PAY › Section 170-15-III - Determination of Employee Eligibility

Current through 2024-29, July 17, 2024
A. To be
				eligible for severance pay for the termination or relocation of a covered
				establishment, an employee must have worked at the establishment at some time
				during the 12-month period prior to the date of termination or relocation and
				must;
1. Not be covered by an express
				contract providing for severance pay that is equal to or greater than the
				severance pay under 26 MRSA §625-B;
2. Not have accepted employment at the new
				location;
3. Have been continuously
				employed at the establishment for at least three consecutive years under the
				current ownership;
4. Not have been
				terminated for cause; or
5. Not
				have voluntarily quit prior to the date set for cessation of activities in the
				initial notice by the employer.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 15 - RULES RELATING TO SEVERANCE PAY › Section 170-15-IV - Calculation of Severance Pay

Current through 2024-29, July 17, 2024
A. An employer
				terminating or relocating a covered establishment shall pay each eligible
				employee one-week's pay for each full year that the eligible employee has
				worked at the establishment regardless of prior ownership of the establishment.
B. The years worked will be
				calculated from the most recent date of hire or date of rehire, in case of a
				break in employment, to the last date the eligible employee worked at the
				covered establishment.
C. The
				employer may only discount the severance pay by any voluntary and unconditional
				payments made to the eligible employee, except that premiums or bonuses offered
				to encourage employees to maintain employment through the termination or
				relocation period may not be used to discount severance. The employer may
				discount the severance pay by any payments made under a contract that provides
				for severance pay.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 16 - RULES GOVERNING DEFINITIONS FOR EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EXEMPTIONS FROM MINIMUM WAGE AND OVERTIME › Section 170-16-I - Intent and Interpretation

Current through 2024-29, July 17, 2024
A. It is the intent
				of these rules that any employee in a position who had the right to overtime
				under the U. S. Department of Labor regulations at 29 C. F. R. Part 541 in
				effect on August 22, 2004 will maintain that right under these rules.
B. Unless expressly provided herein, the
				Department, in interpreting and enforcing 26 M.R.S.A. §664(3), will be
				guided by thefederal regulations ( 29 C.F.R. Part 541 in effect on August 22,
				2004) and any interpretive materials produced or used by the U.S. Department of
				Labor in association with these regulations. To the extent these rules conflict
				with the federal regulations referenced above, these rules govern.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 16 - RULES GOVERNING DEFINITIONS FOR EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EXEMPTIONS FROM MINIMUM WAGE AND OVERTIME › Section 170-16-III - Fee Basis Payment

Current through 2024-29, July 17, 2024
The requirements for exemption as a professional or
				  administrative employee may be met by an employee who is compensated on a fee
				  basis as well as by one who is paid on a salary basis. Such arrangements are
				  characterized by the payment of an agreed sum for a single job regardless of
				  the time required for its completion. These payments resemble piecework
				  payments with the important distinction that generally speaking a fee payment
				  is made for the kind of job which is unique rather than for a series of jobs
				  which are repeated an indefinite number of times and for which payment on an
				  identical basis is made over and over again. Payments based on the number of
				  hours or days worked and not on the accomplishment of a given single task are
				  not considered payments on a fee basis.
A. The adequacy of a fee payment. In
				determining whether payment is at the rate consistent with these rules, the
				amount paid to the employee will be tested by reference to a standard workweek
				of 40 hours. Thus compliance will be tested in each case of a fee payment by
				determining whether the payment is at a rate that would amount to at least that
				set in 26 MRSA Sec.663(K) if 40 hours were worked.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 16 - RULES GOVERNING DEFINITIONS FOR EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EXEMPTIONS FROM MINIMUM WAGE AND OVERTIME › Section 170-16-V - Employees of Public Agencies

Current through 2024-29, July 17, 2024
An employee of a public agency who otherwise meets the salary
				  basis requirements of sections
				  II and
				  III of these rules shall not be
				  disqualified from exemption as an administrative, executive, professional or
				  computer professional employee on the basis that such employee is paid
				  according to a pay system established by statute, ordinance or regulation, or
				  by a policy or practice established pursuant to principles of accountability,
				  under which the employee accrues personal leave and sick leave and which
				  requires the public agency employee's pay to be reduced or such employee to be
				  placed on leave without pay for absences for personal reasons or because of
				  illness or injury of less than one work-day when accrued leave is not used by
				  an employee because:
A. Permission for
				its use has not been sought or has been sought and denied;
B. Accrued leave has been exhausted;
				or
C. The employee chooses to use
				leave without pay.
Deductions from the pay of an employee of a public agency for
				  absences due to a budget-required furlough shall not disqualify the employee
				  from being paid on a salary basis except in the workweek in which the furlough
				  occurs and for which the employee's pay is accordingly
				  reduced.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 16 - RULES GOVERNING DEFINITIONS FOR EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EXEMPTIONS FROM MINIMUM WAGE AND OVERTIME › Section 170-16-VI - Special Cases

Current through 2024-29, July 17, 2024
A. Highly Skilled
				Computer Employees. Highly skilled employees who have achieved a level of
				proficiency in the theoretical and practical application of a body of
				highly-specialized knowledge in computer systems analysis, programming, and
				software engineering are exempt as professionals where the employee's primary
				duty involves;
1. The application of systems
				analysis techniques and procedures, including consulting with users, to
				determine software, hardware, or system functional specifications,
2. The design, development, documentation,
				analysis, creation, testing, or modification of computer systems or programs,
				including prototypes, based on or related to user or system design
				specifications,
3. The design,
				documentation, testing, creation or modification of computer programs related
				to machine operating systems, or
4.
				A combination of the aforementioned duties, the performance of which requires
				the same level of skills.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 17 - RULES REGARDING PROOF OF OWNERSHIP BY EMPLOYERS EMPLOYING FOREIGN LABORERS TO OPERATE LOGGING EQUIPMENT › Section 170-17-I - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Authorizing statute means 26 MRSA
				§872.
B. Covered equipment
				means logging equipment used by a foreign laborer in the course of their
				employment for which there is no prevailing rate established by the U. S.
				Department of Labor.
C. Covered
				employer means an employer that hires a foreign laborer in a logging
				occupation.
D. Department means the
				Maine Department of Labor, Bureau of Labor Standards.
E. Director means the Director of the Bureau
				of Labor Standards, Maine Department of Labor or the director's
				designee.
F. Foreign laborer means
				a worker granted permission to enter the United States and work temporarily in
				a logging occupation under the provisions of 8 U. S. Code, Section
				1101(a)(15)(H)(ii)(b). [Note: otherwise known as H2-B]
G. Logging equipment means equipment used
				directly in the cutting and transporting of logs to the roadside and the
				production of wood chips in the field. Equipment used solely for construction
				of logging roads, for transporting logs or other wood products off-site or on
				roadways or in ancillary activities such as recordkeeping, equipment repair,
				etc. is not logging equipment as used in these rules.
H. Proof of ownership means a receipt or
				other documentation of the purchase or lease of covered equipment and
				documentation of the payment of any tax assessed on the covered equipment under
				36 MRSA, chapter 105 for the year in which any foreign laborer is employed to
				operate the covered equipment. (see Section IV )
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 17 - RULES REGARDING PROOF OF OWNERSHIP BY EMPLOYERS EMPLOYING FOREIGN LABORERS TO OPERATE LOGGING EQUIPMENT › Section 170-17-II - NOTICE OF CERTIFICATION

Current through 2024-29, July 17, 2024
A covered employer receiving certification from the U. S.
				  Department of Labor (US DoL) to hire foreign laborers to operate logging
				  equipment shall notify the Director of such approval within seven days of
				  receipt. The notice must include a copy of the US DoL certification
				  document(s). (Note: Correspondence should be directed to Foreign Labor
				  Certification, ME Department of Labor, Bureau of Labor Standards, State House
				  Station #45, Augusta, Maine 04333-0045.)
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 17 - RULES REGARDING PROOF OF OWNERSHIP BY EMPLOYERS EMPLOYING FOREIGN LABORERS TO OPERATE LOGGING EQUIPMENT › Section 170-17-III - NOTICE OF HIRE AND PROOF OF OWNERSHIP

Current through 2024-29, July 17, 2024
A. A
				covered employer shall notify the Director of the hiring of any foreign laborer
				within 21 days of the commitment to hire the worker.
B. The notice must be provided on a form
				furnished by the Department. The form will, at a minimum, include the following
				information:
1. Name of worker
2. Occupation of worker
3. Date of hire
4. Date employment started or is to
				start
5. Date employment is
				scheduled to end (employer may estimate)
6. List by serial number each piece of
				covered equipment the worker will operate, and
7. Ownership status of each piece of covered
				equipment so listed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 17 - RULES REGARDING PROOF OF OWNERSHIP BY EMPLOYERS EMPLOYING FOREIGN LABORERS TO OPERATE LOGGING EQUIPMENT › Section 170-17-IV - LEASING AND TAX CONSIDERATIONS

Current through 2024-29, July 17, 2024
A. A lease with a
				business entity engaged in the business of providing logging equipment under
				lease will be considered ownership under these rules.
1. A rental agreement of less than three
				weeks to accommodate short-term needs such as maintenance or repair of covered
				equipment reported under Section III(B) is allowed and the employer does not
				need to report such agreements to the department. Use of a rental agreement
				beyond three weeks must be reported.
2. Any lease, rent or pay-for-use agreement
				with an owner-operator will not be considered a lease as described under
				sub-Section A above.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 18 - RULES GOVERNING EARNED PAID LEAVE › Section 170-18-I - Application

Current through 2024-29, July 17, 2024
These rules apply to employers that employ more than 10
				  employees in the usual and regular course of business for more than 120 days in
				  any calendar year, with certain exceptions. Covered employers shall permit each
				  employee to accrue earned paid leave based on the employee's base rate of pay
				  as defined in Section II.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 18 - RULES GOVERNING EARNED PAID LEAVE › Section 170-18-III - Accrual

Current through 2024-29, July 17, 2024
A. An employee is entitled to earn one hour
				of earned paid leave from a single employer for every 40 hours worked, up to 40
				hours in one year of employment.
B.
				Accrual of earned paid leave begins at the start of employment, but the
				employer is not required to permit use of the leave before the employee has
				been employed by that employer for 120 days during a one-year period.
C. No more than forty hours of earned paid
				leave is required to be available for use by a covered employee during any one
				year period as established by section II. L. herein.
D. Covered Employees with accrued and unused
				hours of earned paid leave from the previous year of employment will have those
				hours available for use by the employee in the current year of employment, up
				to a maximum of forty hours. Hours are only required to continue to accrue up
				to forty hours in the current year of employment.
E. Whenever the terms of employment or the
				employer's established practice includes provisions to pay the balance of
				unused earned paid leave at the time of separation, earned paid leave on
				cessation of employment has the same status as wages earned in accordance with
				 26 MRS
				§626.
F. An employee who returns to work within a
				one-year period of the last date of previous employment with the same employer
				is entitled to any unused balance of earned paid leave that was not paid out at
				the time of separation of employment.
G. For the sole purpose of determining the
				accrual of earned paid leave for construction workers, the term "employer"
				includes all covered employers bound by a collective bargaining agreement
				negotiated by a multiemployer bargaining unit.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 18 - RULES GOVERNING EARNED PAID LEAVE › Section 170-18-IV - Greater Benefits and Exception

Current through 2024-29, July 17, 2024
A. Nothing in
				this chapter may be construed to affect an employer's obligation to comply with
				any collective bargaining agreement or employee benefit plan that provides
				greater earned paid leave rights to employees than the rights provided by
				26 MRS
				§637.
B.
									26 MRS
				§637 does not apply to an employee
				covered by a collective bargaining agreement during the period between January
				1, 2021 and the expiration of the agreement.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 18 - RULES GOVERNING EARNED PAID LEAVE › Section 170-18-V - Notice and Use of Leave

Current through 2024-29, July 17, 2024
A. Reasonable
				Notice. Absent an emergency, illness or other sudden necessity for taking
				earned paid leave, the employer may have a written policy requiring up to 4
				weeks' notice to the employer of the employee's intent to use earned
				leave.
B. Notice required for an
				emergency, illness or other sudden necessity must be reasonable under the
				circumstances, recognizing that advance notice may not be feasible. In such
				circumstances, a covered employee shall make a good faith effort to provide as
				much notice as is feasible under the circumstances to the employer of the
				employee's intent to use earned paid leave.
C. Scheduling of Leave. The Employer may
				place reasonable limits on the scheduling of earned paid leave for reasons
				other than emergency, illness or other sudden necessity, to prevent undue
				hardship on the employer as reasonably determined by the employer .Undue
				hardship means a significant impact on the operation of the business or
				significant expenses, considering the financial resources of the employer, the
				size of the workforce, and the nature of the industry.
D. Employees may use earned paid leave in
				increments of at least one hour, unless the employer chooses to allow smaller
				increments.
E. The employer cannot
				require the employee to use accrued earned paid leave when the employer causes
				the employee to be unable to perform their job, such as by closing the business
				or cancelling a shift.
F. An
				employer shall not deny an employee the right to use paid leave available for
				use by that employee in accordance with the conditions of this
				section.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 18 - RULES GOVERNING EARNED PAID LEAVE › Section 170-18-VI - Penalties

Current through 2024-29, July 17, 2024
A. Penalties for violations of this section
				are the same as those provided in section
				26 MRS
				§53. Each denial of paid leave for each
				affected covered employee in violation of
				26 MRS
				§637 and this Rule is a separate
				violation.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 19 - RULES GOVERNING APPRENTICESHIP IN CONSTRUCTION OF ENERGY GENERATION FACILITIES › Section 170-19-I - Application

Current through 2024-29, July 17, 2024
These rules apply to construction employers who are engaged
				  in the construction of a generation facility as defined in Section II.