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Child Labor and Overtime Rule Updates

KMA wants you to be aware of two updates on the compliance front: one for Maine employers that utilize child labor, and a second related to the Federal exempt employee overtime rule.

Maine Child Labor Law Changes

The state has adopted the following changes, that went into effect August 19, 2018. These changes align state rules regarding hazardous occupations with Federal standards for minors under the age of 18:

  • Driving restrictions to allow 17 years of age to drive for work under specific circumstances and conditions.
  • Minors who are at least 16 years of age will no longer be prohibited from working alone in a cash-based business and will be allowed to perform soldering and welding duties in accordance with Federal standards.
  • Expanded cooking occupations for minors who are between 14 and 15 years of age to include venues allowed by Federal standards.

A new restriction is being added in accordance with 26 MRS §772 (2) which prohibits all minors under the age of 18 from working in any occupation in a registered marijuana dispensary, any establishment that cultivates, produces, or sells marijuana or products that contain marijuana, and any recreational marijuana social clubs.

View the Adopted Rule Changes

Federal Overtime Rule Review: Round Two

Remember the overtime rule change in 2016 that almost happened but was halted right before it was to be implemented? Get ready for round two.

The change in the Federal minimum salary to be exempt from overtime,  which is currently $455 per week (annualized to $23,660), is being reviewed again by the Federal Department of Labor (DOL).

The U.S. Department of Labor’s Wage and Hour Division has announced that in the upcoming weeks, it will hold public listening sessions to gather views on the Part 541 white collar exemption regulations, often referred to as the “Overtime Rule.” These regulations implement exemptions from the overtime pay requirements for executive, administrative, professional, and certain other employees. The Department plans to update the Overtime Rule and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Click the button below for more information including the locations and dates for the in-person listening sessions in September and the input on salary level the DOL is seeking.

More Overtime Rule Info

Maine employers should be aware that the they also need to comply with state requirements for the minimum exempt salary which is tied to the minimum wage and is currently $576.93 weekly (annualized to $30,000). A change in the Federal rule may require Maine employers to pay more if the Federal amount is adjusted higher than $576.93.

Stay tuned as we will monitor and report on updates.

For More Information

Have compliance or other employment related questions? Contact KMA today!

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