On Monday, Portland City Councilors took two significant actions that affect employers in Portland, Maine. First, the Council repealed an emergency order from March 2020, eliminating the hazard pay provision set forth in the city’s minimum wage ordinance. Second, the Council enacted a city-wide indoor mask mandate affecting most public buildings.
Elimination of Hazard Pay
In 2020, a city ordinance was enacted raising Portland’s minimum wage during a state or city state of emergency to 1 times the city’s regular minimum wage for most workers. In 2021, the Maine Law Court upheld the constitutionality of the ordinance but held that the hazard pay provision did not take effect until January 1, 2022. Based on the City’s regular minimum wage of $13.00 per hour effective January 1, 2022, the minimum wage under the ordinance is $19.50 per hour during a state of emergency in 2022. This minimum wage applies to all workers “who perform[] work for an Employer for monetary compensation within the municipal limits of the City,” and the only exception is for employees “under a teleworking arrangement.”
By repealing the emergency order, Portland City Councilors effectively eliminated the hazard pay requirement. However, because the repeal does not take effect for 10 days, covered employers must pay covered hourly non-tip credit employees the minimum wage of $19.50 per hour from January 1 through January 13, 2022.
Indoor Mask Mandate
The City Council also implemented a new indoor mask ...
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