Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §603 is enacted to read:
§603. Limits on mandatory overtime
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Employer" means all private and public employers, including the State and political subdivisions of the State.
B. "Overtime" means the hours worked in excess of 40 hours in a calendar week.
2. Limits on mandatory overtime. An employer may not require an employee to work more than 80 hours of overtime in any consecutive 2-week period.
3. Exceptions. This section does not apply to:
A. Work performed in response to an emergency declared by the Governor under the laws of the State;
B. An employee who performs essential services for the public. For purposes of this paragraph, "essential services" means those services that are basic or indispensable and are provided to the public as a whole, including, but not limited to, utility service, snowplowing, road maintenance and telecommunications service;
C. An employee whose work is necessary to protect the public health or safety, when the excess overtime is required outside the normal course of business;
D. An individual exempt from the definition of employee in section 663, subsection 3, paragraph A, B, C, F, G, I or J;
E. A salaried employee who works in a bona fide executive capacity and whose regular compensation, when converted to an annual rate, exceeds 3000 times the State's minimum hourly wage;
F. An employee of a seasonal employer. For purposes of this paragraph, "seasonal employer" means an employer in an industry that operates in a regularly recurring period or periods of less than 26 weeks in a calendar year;
G. A medical intern or resident engaged in a graduate educational program approved by the Accreditation Council on Graduate Medical Education, the American Board of Medical Specialties or the American Osteopathic Association at a health care facility. For purposes of this paragraph, "health care facility" has the same meaning as in Title 22, section 8702, subsection 4; or
H. An employee who works for an employer who shuts down an operation for annual maintenance or work performed in the construction, rebuilding, maintenance or repair of production machinery and equipment, including machine start-ups and shutdowns related to such activity. This exception applies to contractors of the employer that are providing services related to the activities in this paragraph. It does not apply to other operations not involved in the work stated in this paragraph. Notwithstanding this paragraph, a worker may not be required to work beyond the limits prescribed in subsection 2 for more than 4 consecutive weeks.
4. Lower limit by agreement. Employers and employees may agree to limit mandatory overtime to fewer hours than provided for in this section.
Sec. 2. Printing and mailing costs. Notwithstanding the provisions of the Maine Revised Statutes, Title 26, section 1164, the Commissioner of Labor shall pay the expenses associated with printing and mailing the revised "regulation of employment" poster from the Special Administrative Expense Fund.
Effective August 11, 2000, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
