Maine Labor Law – Quick Facts!
Maine labor law of course must and does include all the Federal employment labor laws but in a few cases it goes much further. In areas such as a if an employer has a substance abuse program, or offering employment leave to victims of violence. If you are an employer in Maine it is critical that you become familiar with these laws and how they will impact your business from a productivity and financial perspective. You can do that by going to http://www.maine.gov/labor/labor_laws/wagehour.html and reviewing in detail each statue that applies. This article by Good Leadership Skills is to begin to get you into the mind set of knowing the various statutes that will apply to employers.
Let’s begin with whether the Maine labor law covers mandatory drug testing. The bottom line is that if you are considering developing a substance abuse testing procedure you must comply completely with Maine’s law. This is all covered under Title 26. The law requires that your written policy be approved under section 686. The law requires such things as establishing a functioning employee assistance program. Just developing the policy requires that you involve an employee committee so again consider this carefully if your type of business benefits from drug testing.
An employer must grant reasonable and necessary leave to staff members who have been the victim of violence…
Another statute that applies to the Maine labor law is that an employer must grant reasonable and necessary leave to staff members who have been the victim of violence, assault, domestic violence, sexual assault or stalking. The purpose of the statue is to ensure that an employee can prepare and attend any related court hearings, schedule and receive any necessary medical treatments, or seek out and obtain services to solve a serious situation caused by domestic violence, sexual assault, or stalking. Remember that the Good Leadership Skills website is not permitted to provide legal advice and therefore, we strongly encourage you to seek out a legal professional to make sure you comply with all aspects of the Maine labor law.
The Maine labor law prohibits an employer from discriminating against employees who are employed by the same establishment on the basis of male or female by paying wages to any employee in any job at a pay rate less than the pay rate paid to an employee of the opposite sex for comparable work on jobs with comparable requirements related to skill, effort, and responsibility. This doesn’t mean that your business can not have a merit promotion or pay raise program that rewards employees. The program however can not violate this statute in that process. In other words the program can not consider any discriminating factor, such as sex, religion, sexual orientation, national origin, age, or any other issue protected by Maine and Federal employment labor law.
Other areas covered by the Maine labor law are; Child Labor, Family Medical Leave, Final Payment of Wages, Foreign Workers, Independent Contractors…
Other areas covered by the Maine law are; Child Labor, Family Medical Leave, Final Payment of Wages, Foreign Workers, Independent Contractors, Prevailing wage on state construction projects, Rest Breaks, Safety, Severance Pay, and Unfair Agreements. It is critical that you review each of these as they apply to your business prior to applying any of your own employment policies. Remember ignorance is no excuse when it comes to employment labor laws, or any law for that matter. Of course having an employee handbook that includes your position on Maine’s laws will go a long way in protecting you down the line if an employee claims you are not following them. The key of course is to treat everyone equally and fairly. This is the one thing that gets employers into trouble more than anything else.
Again, the Employee Handbook website is not in a position to give legal advice so make sure whether you are producing an employee handbook or applying any of the Maine labor laws you should consult a legal professional. Although many of the employee handbook templates are written by employment attorney’s it is still wise to make sure before going forward.
Thank you and may God bless you!
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