CHAPTER 18

H.P. 196 - L.D. 257

An Act To Require Notice prior to Decreases in Wage

or Salary Rates

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §621-A, sub-§5 is enacted to read:

5.__Change in rate of pay.__Notwithstanding the provision of section 623 exempting salaried employees as defined in section 663, subsection 3, paragraph K, payment of wages or salary must be made at the rate previously established by the employer, except that the employer may decrease the rate of pay, effective the next working day, if the employer gives notice to all affected employees prior to the change.__When an employer has temporarily increased an employee's wage rate to comply with the prevailing wage requirements of chapter 15; the Davis-Bacon Act, 40 United States Code, Section 276a et seq.; or other applicable federal or state law, an employer need not provide advance notice prior to returning the employee to the employee's regular wage rate, as long as the employer is in compliance with all posting and notice provisions of the applicable law.__Changes of rates of pay made under a collective bargaining agreement are exempt from this requirement.

Sec. 2. 26 MRSA §623, as amended by PL 1999, c. 790, Pt. P, §2 and affected by §3, is further amended to read:

§623. Exemptions

This section and sections 621-A and 622 do not apply to