Sec. 1. 26 MRSA §664, sub-§3, as amended by PL 2003, c. 423, §1 and affected by §5, is further amended to read:

3. Overtime rate. An employer may not require an employee 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. 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 Fair Labor Standards Act, 29 United States Code, Section 207(e) in excess of the limitations on maximum hours described in the Fair Labor Standards Act, 29 United States Code, Section 207 and in federal regulations adopted pursuant to that section.__Rules adopted by the director pursuant to section 665, subsection 2 to implement this section must conform to the Fair Labor Standards Act, 29 United States Code, Section 207 and to federal regulations adopted pursuant to that section, including, but not limited to, 29 Code of Federal Regulations, Part 541.

The overtime provision of this section does not apply to:

A. Automobile mechanics, automobile parts clerks and automobile salesmen as defined in section 663. The interpretation of these terms must be consistent with the interpretation of the same terms under federal overtime law, 29 United States Code, Section 213;

B. Hotels and motels;

C. Mariners;

D. Public employees, except those employed by the executive or judicial branch of the State;

E. Restaurants and other eating establishments;

F. The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:

(1) Agricultural produce;

(2) Meat and fish products; and

(3) Perishable foods.

Individuals employed, directly or indirectly, for or at an egg processing facility that has over 300,000 laying birds must be paid overtime in accordance with this subsection;