Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 12 - RULES RELATING TO EQUAL PAY › Section 170-12-I - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this chapter and in interpreting
				   26 MRSA
				  §628, unless the context clearly
				  requires otherwise, the following terms have the following meanings:
A. "Aggrieved party" means any individual,
				group, or organization, including current or former employees, or a labor
				union, who has been injured, or whose members have been injured, by a practice
				alleged to violate 26 MRSA §628 and these rules.
B. "Bureau" means the Department of Labor,
				Bureau of Labor Standards.
C.
				"Director" means the Director of the Bureau of Labor Standards.
D. "Effort" means the physical or mental
				exertion required for the performance of a job. Effort encompasses the total
				requirements of a job. Working conditions must be considered in making a
				determination of the degree of effort necessary to do a job to the extent
				reasonable and necessary.
E.
				"Employee" means every person who may be permitted, required, or directed by
				any employer to engage in any employment in consideration of direct or indirect
				gain or profit.
F. "Employer" means
				an individual, partnership, association, corporation, legal representative,
				political subdivision of the State, trustee, receiver, trustee in bankruptcy,
				and any express company or common carrier by rail, motor, water, or air doing
				business or operating within the State.
G. "Establishment" means an industrial or
				commercial facility or place of business. An entity operated by the same
				employer shall be considered a single establishment for purpose of this chapter
				even though it may operate at different physical locations, where employees at
				these separate locations are engaged in functionally similar operations and
				there is a substantial degree of central authority for establishing personnel
				rules and approving wage rates.
H.
				"Job classification" means one or more positions sufficiently similar with
				respect to duties and responsibilities so that the same descriptive title may
				be used with clarity to designate each position allocated to the class; the
				same general qualifications are needed for performance of the duties of the
				class; the same tests of fitness may be used to recruit employees; and the same
				schedule of pay can be applied with equity to all positions in the
				classification under the same or substantially the same employment
				conditions.
I. "Merit increase
				system" means an established, bona fide, uniform, and objective system which
				rewards an employee with promotion, pay increases, or other advantages on the
				basis of competence.
J.
				"Responsibility" means the degree of accountability and reliability required in
				the performance of a job, with emphasis on the importance of the job
				obligation, including but not limited to, coordination of information,
				organization, and the well being of individuals.
K. "Seniority system" means a system that
				gives preference to workers based on years of service. For example, a worker
				with more years of service may be paid more for performing a particular job
				than an employee with fewer years of service in that same job.
L. "Skill" means the performance requirements
				of the job including, but not limited to, such factors as experience, training,
				education, ability, human relations, and communication. In reviewing the skill
				level of a position class, the efficiency of any individual employee's
				performance in the job is not, in itself, a factor in evaluating
				skill.
M. "Wages" means all
				payments made to or on behalf of an employee as remuneration for employment.
				The term wages includes all forms of compensation irrespective of the time of
				payment, whether paid periodically or deferred until a later date, and whether
				called wages, salary, or profit sharing. An expense account, monthly minimum,
				bonus, uniform cleaning allowance, board or lodging, use of company car,
				gasoline allowance, vacation and holiday pay and premium pay for work on
				weekends, holidays or other days, or hours in excess or outside of the
				employee's regular days or hours of work are also considered remuneration for
				employment under this chapter.