Maine’s state minimum wage rate is $12.00 per hour.
The minimum wage for tipped employees is now $5.50 per hour, up from $5.
In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($12.00 per hour) by 1½ (1.5), subtract the tip credit ($6.50 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total.
In Maine, employers must allow employees to take a 30-minute meal break after working for six consecutive hours, except in cases of emergency. This time is unpaid, unless the employer chooses to pay employees for breaks.
Maine law is generally interpreted as prohibiting processing fee deductions from gratuities. The law says that credit card tips will be treated like tips given directly to an employee, which suggests prohibits employers from deducting fees from the employee’s tip.
Maine’s law, which goes into effect Jan. 1, 2021, requires companies with 10 or more employees to provide an hour of paid sick time for every 40 hours worked, maxing out at 40 hours of time off each year.