§603. Limits on mandatory overtime

Link to law: http://legislature.maine.gov/legis/statutes/26/title26sec603.html
Published: 2015

§603. Limits on mandatory overtime








1. Definitions. 
As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.





A. "Employer" means all private and public employers, including the State and political
subdivisions of the State. [1999, c. 750, §1 (NEW).]










B. "Overtime" means the hours worked in excess of 40 hours in a calendar week. [1999, c. 750, §1 (NEW).]







[
1999, c. 750, §1 (NEW)
.]








2. Limits on mandatory overtime. 
An employer may not require an employee to work more than 80 hours of overtime in
any consecutive 2-week period.


[
1999, c. 750, §1 (NEW)
.]








3. Exceptions. 
This section does not apply to:





A. Work performed in response to an emergency declared by the Governor under the laws
of the State; [1999, c. 750, §1 (NEW).]










B. An employee who performs essential services for the public. For purposes of this
paragraph, "essential services" means those services that are basic or indispensable
and are provided to the public as a whole, including, but not limited to, utility
service, snowplowing, road maintenance and telecommunications service; [1999, c. 750, §1 (NEW).]










C. An employee whose work is necessary to protect the public health or safety, when
the excess overtime is required outside the normal course of business; [1999, c. 750, §1 (NEW).]










D. An individual exempt from the definition of employee in section 663, subsection
3, paragraph A, C, F, G, I or J; [2007, c. 640, §1 (AMD).]










E. A salaried employee who works in a bona fide executive capacity and whose regular
compensation, when converted to an annual rate, exceeds 3000 times the State's minimum
hourly wage; [1999, c. 750, §1 (NEW).]










F. An employee of a seasonal employer. For purposes of this paragraph, "seasonal employer"
means an employer in an industry that operates in a regularly recurring period or
periods of less than 26 weeks in a calendar year; [1999, c. 750, §1 (NEW).]










G. A medical intern or resident engaged in a graduate educational program approved
by the Accreditation Council on Graduate Medical Education, the American Board of
Medical Specialties or the American Osteopathic Association at a health care facility.
For purposes of this paragraph, "health care facility" has the same meaning as in
Title 22, section 8702, subsection 4; or [1999, c. 750, §1 (NEW).]










H. An employee who works for an employer who shuts down an operation for annual maintenance
or work performed in the construction, rebuilding, maintenance or repair of production
machinery and equipment, including machine start-ups and shutdowns related to such
activity. This exception applies to contractors of the employer that are providing
services related to the activities in this paragraph. It does not apply to other
operations not involved in the work stated in this paragraph. Notwithstanding this
paragraph, a worker may not be required to work beyond the limits prescribed in subsection
2 for more than 4 consecutive weeks. [1999, c. 750, §1 (NEW).]







[
2007, c. 640, §1 (AMD)
.]








4. Lower limit by agreement. 
Employers and employees may agree to limit mandatory overtime to fewer hours than
provided for in this section.


[
1999, c. 750, §1 (NEW)
.]








5. Exception for nurse. 
Notwithstanding subsection 2, a nurse may not be disciplined for refusing to work
more than 12 consecutive hours. A nurse may be disciplined for refusing mandatory
overtime in the case of an unforeseen emergent circumstance when overtime is required
as a last resort to ensure patient safety. Any nurse who is mandated to work more
than 12 consecutive hours, as permitted by this section, must be allowed at least
10 consecutive hours of off-duty time immediately following the worked overtime.


This subsection does not apply to overtime for performance of services described in
subsection 3, paragraph A or C.


[
2001, c. 401, §1 (NEW)
.]





SECTION HISTORY

1999, c. 750, §1 (NEW).
2001, c. 401, §1 (AMD).
2007, c. 640, §1 (AMD).
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