[co-author: Amanda Pastore, Law Clerk]

A new Maine law set to take effect before the end of the month will require most employers with 10 or more employees to provide a minimum payment to employees called in for shifts that are cancelled or reduced. Starting September 24, Maine LD 598, “An Act to Require Minimum Pay for Reporting to Work,” will require employers throughout the state to change their wage and hour practices to ensure compliance. But unanswered questions remain. What do you need to know about this law and what are some steps you can take to avoid violations?

Key Details

• Employers Impacted: This bill impacts employers with 10 or more employees in the usual and regular course of business for more than 120 days in a calendar year. Seasonal employers, as determined by the Maine Unemployment Insurance Commission, and public employers are excluded from this law.
• Employers must pay the lesser of two options: If an employee reports to work for a scheduled shift, and the employer cancels or reduces their scheduled shift, the employee must be paid either: (1) two hours of pay at the employee’s regular hourly rate of pay, or (2) the total pay for the shift for which the employee was initially scheduled, whichever is less.
• Violations: Employers violating this law may be subject to a fine of $100 to $500 per violation. The statute does not create a private right of action.
• Exceptions: Minimum pay for reporting to work is not required in cases of natural disaster,...

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