Exemptions: Overtime & minimum wage - Maine

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

This salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

The Maine overtime provisions do not apply to auto mechanics and salespeople, employees of hotels and motels, mariners, public employees, restaurant employees, canning employees, drivers and drivers' helpers.

Maine requires a minimum salary of either (1) an annual amount equivalent to 3,000 hours at the state minimum wage or (2) the amount required by the federal regulations, whichever is higher.

Effective January 1, 2024, Maine's minimum salary threshold is $816.35 per week, or $42,450.20 per year.

Effective July 1, 2024, Maine's minimum salary threshold is $844 per week, or $43,888 per year.

Effective January 1, 2025, Maine's minimum salary threshold is $1,128 per week, or $58,656 per year.

An exempt employees must spent over 50 percent of his or her time engaged in exempt work to qualify as having a primary duty of exempt work.

Maine does not reference (and may not recognize) the “highly compensated employee” exemption for those earning more than $107,432 per year.

State

Contact

Maine Department of Labor Bureau of Labor Standards Wage and Hour Division

Regulations

Title 26: Labor and Industry - Chapter 7: Employment Practices
Subchapter 3: Minimum Wages
§663, Definitions

www.mainelegislature.org/legis/statutes/26/title26sec663.html

§664. Minimum wage; overtime rate

www.mainelegislature.org/legis/statutes/26/title26sec664.html

Regulations Title 12, Chapter 16, Rules Governing Definitions for Executive, Administrative, and Professional Exemptions from Minimum Wage and Overtime

www.maine.gov/sos/cec/rules/12/170/170c016.doc

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees