CHAPTER 87
H.P. 1803 - L.D. 2530
An Act to Provide Payment for Overtime Amounts Due and to Reimburse for Costs Incurred in An Action to Recover those Amounts
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Payments to employees and former employees. Upon receipt of a written release as provided in section 3, the Department of Administrative and Financial Services shall make payments as settlement of claims against the State, as specified in a document attached to a letter dated April 4, 2000 from David Plimpton, Special Master in the case of Mills v. Maine, No. 92-410-P-H (D.Me. 1992) to the chairs of the Joint Standing Committee on Judiciary. Copies of the document are on file at the Office of the Attorney General, the Bureau of Employee Relations within the Department of Administrative and Financial Services, the Department of Corrections and the Maine State Employees Association. Notwithstanding Title 5, section 17001, subsection 13, amounts paid pursuant to this Act are not considered "earnable compensation" for purposes of retirement.
Sec. 2. Costs of suit. Upon presentation of invoices indicating payment for the following costs, the Department of Administrative and Financial Services shall reimburse the entities who made the following payment:
1. Special Master Fees in the case of Mills v. Maine before the U.S. District Court for the District of Maine, not to exceed $51,841.24;
2. Transcription costs in the case of Mills v. Maine, not to exceed $5,815.47; and
3. Cost of printing legal briefs for appeal of the case of Alden v. Maine, 119 S. Ct. 2240 (1999) to the U.S. Supreme Court, not to exceed $11,322.60.
Sec. 3. Release. Payments may not be made under this Act to any person unless that person signs a release releasing the State, its commissioners, directors and employees from any and all liability for claims relating to or arising out of claims for overtime compensation owed under the Fair Labor Standards Act, 29 United States Code, Section 201 et seq., including, but not limited to, all claims that were or could have been raised in the matters of Mills et al. v. Maine, Alden v. Maine, Farr et al. v. Maine, No. CV-97-438 (Cumb. Cty 2/26/96) and Blackie v. Maine, 75 F.3d 716 (1st Cir. 1996).
Sec. 4. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
2000-01
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Miscellaneous Acts and Resolves
All Other $282,894
Provides funds to pay employees and former employees for overtime and to reimburse for certain litigation costs in the cases of Mills v. Maine and Alden v. Maine.
Effective August 11, 2000, unless otherwise indicated.
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