AUGUSTA – State labor officials are convening a group to revise Maine’s labor regulations in the wake of a new federal law that affects overtime eligibility.
“We’re looking at the standards to make sure nobody who was eligible for overtime under the old federal laws loses their eligibility,” said Adam Fisher, spokesman for the Maine Department of Labor.
The new federal overtime law that took effect Monday has generated “very few” questions to the state DOL. Those questions have been referred to the federal agency, whose new regulations are detailed in a 500-page document and widely regarded as confusing and open to interpretation.
Fisher said state DOL staff will begin examining the state statutes in light of the federal changes to make sure Maine workers keep their protections. Both federal and state labor laws exist in cases were overtime eligibility is disputed; whichever law provides the greater benefit for the worker is applied.
The federal law raised the exemption minimum for receiving automatic overtime from $155 per week to $455 per week. That means anyone who makes $455 per week or less is automatically eligible for overtime pay if they work more than 40 hours per week.
Fisher said he didn’t think state rule makers will revise the salary limits because the higher salary limit protects more workers. The greater confusion stems from revised definitions of professional, executive and administrative jobs, which can be exempt from overtime depending on the specifics of the job in question.
“In the past, we’ve relied on the federal rules to define those exemptions, but the new definitions aren’t clear,” said Fisher. “We’re trying to clarify the Maine statute so people will have a clearer idea of who’s covered under Maine law.”
Fisher said state DOL staff hope to meet soon with members of the attorney general’s office to examine the labor laws. Once the rule-making process begins, it generally takes about 90 days to draft a new regulation. Labor Commissioner Laura Fortman said she will be seeking input from Maine businesses and labor groups during the rule-making process.
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