Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                JUNE 10, 2025                 232
                                                               BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FIVE
                                          _____
                                  S.P. 273 - L.D. 589
     An Act to Establish a State Minimum Hourly Wage for Agricultural
                                  Workers
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 26 MRSA c. 7, sub-c. 2-B is enacted to read:
                                  SUBCHAPTER 2-B
 AGRICULTURAL EMPLOYEE MINIMUM HOURLY WAGE AND RELATED
                       PROVISIONS
§651. Definitions
   As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
    1. Employ. "Employ" means to suffer or permit to work.
    2. Employee. "Employee" means an individual employed to perform agricultural
labor as defined in the Employment Security Law and the Federal Unemployment Tax Act,
except that members of the family of the employer who reside with and are dependent upon
the employer are exempt from this subchapter.
    3. Employer. "Employer" means a person or entity that directly or indirectly engages
the services or permits the work of an individual employed to perform agricultural labor or
an individual employed in certain activities related to agriculture.
     4. Wages. "Wages" means compensation paid to an employee in the form of legal
tender of the United States and checks on banks convertible into cash on demand and
includes the reasonable cost to the employer that furnishes the employee board or lodging.
"Wages" also includes compensation paid through a direct deposit system, automated teller
machine card or other means of electronic transfer as long as the employee can make an
initial withdrawal of the entire net pay without additional cost to the employee or the
employee can choose another means of payment that involves no additional cost to the
employee.
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§652. Minimum hourly wage
    An employer may not employ an employee at a rate less than the rates required by this
section.
    Beginning January 1, 2026, the minimum hourly wage for an employee is $14.65 per
hour, increased by the increase, if any, in the cost of living, measured by the percentage
increase, if any, as of August of 2025 over August of 2024 in the Consumer Price Index
for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast Region, or its
successor index, as published by the United States Department of Labor, Bureau of Labor
Statistics or its successor agency, with the amount of the minimum hourly wage increase
rounded to the nearest multiple of 5¢. On January 1, 2027 and each January 1st thereafter,
the minimum hourly wage then in effect must be increased by the increase, if any, in the
cost of living. The increase in the cost of living must be measured by the percentage
increase, if any, as of August of the previous year over the level as of August of the year
preceding that year in the Consumer Price Index for Urban Wage Earners and Clerical
Workers, CPI-W, for the Northeast Region, or its successor index, as published by the
United States Department of Labor, Bureau of Labor Statistics or its successor agency, with
the amount of the minimum hourly wage increase rounded to the nearest multiple of 5¢. If
the highest federal minimum hourly wage is increased in excess of the minimum hourly
wage in effect under this section, the minimum hourly wage under this section is increased
to the same amount, effective on the same date as the increase in the federal minimum
hourly wage, and must be increased in accordance with this section thereafter.
§653. Records; retention, examination, copies
    An employer subject to this subchapter shall keep a true and accurate record of the
hours worked by each employee and of the wages paid, such records to be preserved by the
employer for a period of at least 3 years, and shall furnish to each employee with each
payment of wages a statement that clearly shows the date of the pay period, the hours, total
earnings and itemized deductions. An employer making payment by direct deposit or other
means of electronic transfer shall provide each employee with an accurate record of the
transfer, including the date of the pay period, the hours, total earnings and itemized
deductions, when the transfer is made. If the record is provided in an electronic format, the
employer shall provide a method by which the employee may have ready access to the
information and print it without cost to the employee. The director or the director's
authorized representative may, and upon written complaint shall, enter the place of business
or employment of an employer or employee for the purpose of examining and inspecting
such records and copy any such records as the director or the director's authorized
representative determines necessary or appropriate. All information received is considered
confidential and may not be divulged to any other person or agency, except as may be
necessary for the enforcement of this subchapter.
§654. Enforcement
    An employer is liable to an employee for the amount of any unpaid minimum hourly
wages under this subchapter. Upon a judgment being rendered in favor of an employee in
any action brought to recover unpaid minimum hourly wages under this subchapter, the
judgment must include, in addition to the unpaid minimum hourly wages adjudged to be
due, an additional amount equal to the unpaid minimum hourly wages as liquidated
damages and costs of suit, including a reasonable attorney's fee.
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    An employer that violates this subchapter is subject to a fine of not less than $50 and
not more than $200.
    An employer that discharges or in any other manner discriminates against an employee
because the employee makes a complaint to the director or to a district attorney concerning
a violation of this subchapter is subject to a fine of not less than $50 and not more than
$200.
    The Department of Labor has exclusive authority to bring an action for unpaid wages
on behalf of an employee or employees under this section.
    This section may not be construed to restrict or impair any existing right available to
an employee under any other section of this chapter.
     In the event of a violation of this subchapter, the Attorney General may bring an action
in the Superior Court to enjoin further violation of this subchapter.
§655. Unfair contracts
   An employer may not be exempted from this subchapter by special contract with an
employee or by any other means.
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