Maine Department of Labor L aws G overning W orkplace R ights The Bureau of Labor Standards works professionally with its customers to continually improve workplace safety, health, and workplace rights.

Maine Department of Labor Overview of Major Provisions Employee Misclassification Employee vs Independent Contractor Labor Leave Laws Breaks Child Labor Hazardous Occupations Public Sector Enforcement SafetyWorks! 2

Maine Department of Labor Hourly Rate Piece Rate Commissions Shift Differentials On-Call Pay Day Rate Discretionary Vs. Non-Discretionary Bonuses – All Earnings Paid For Services Performed While “Suffered Or Permitted To Work” 3 Types of Wages

Maine Department of Labor Determinations Under Unemployment Tax Division And Workers Compensation Of DOL Services Performed Are Considered Employment Independent Contractor (All Must Apply) – Individual Is Free From Employer Control – Individual Is Independently Engaged In Business – Individual Has Opportunity For Profit And Loss – Individual Hires Employees – Individual Provides Services To Others 4 Employee Misclassification

Maine Department of Labor Independent Contractor: (At Least Three Must Apply) – Individual’s Investment In Business – No Exclusive Work Requirement – Contractually Obligated To Complete Work – Contractual Rights For Termination Of Work – Payment For Work Performed – Work Is Outside Usual Course Of Business – IRS Determines Independent Contractor Status Fines And Penalties – Not Less Than $2,000 And Not More Than $10,000 5 Employee Misclassification

Maine Department of Labor Up To 10 Work Weeks In Any Two Years Coverage And Eligibility – Who Are Covered Employers? – Who Is An Eligible Employee? Family Medical Leave Requirements – Entitlement Of Leave Notification Certification Restoration 6 Family Medical Leave “FMLA” Family Medical Leave “FMLA” (§843-§845 )

Maine Department of Labor Leave May Be Taken For A Serious Health Condition – Of Employee – For Domestic Partner – For Employee’s Immediate Family – For Domestic Partner’s Immediate Family Leave May Be Taken For – Birth Or Adoption Of A Child – Organ Donation Or Transplant – Death Of Family Member 7 Family Medical Leave “FMLA” Family Medical Leave “FMLA” (§843-§845 )

Maine Department of Labor Unpaid Leave Intermittent Or Reduced Schedule – Not Required For Birth Or Adoption – If Foreseeable Leave Employee Benefits Protection Discrimination Or Dismissal Mediation May Require Private Rights Of Action 8 Family Medical Leave “FMLA” Family Medical Leave “FMLA” (§843-§845 )

Maine Department of Labor Nursing Mother’s Must Be Allowed – Opportunity To Express Breast Milk For Child – Employer Requirements Provide Unpaid Break Time Permit Employee To Use Paid Break Time Permit Employee To Use Meal Time Provide Clean Location, Other Than Bathroom May Not Discriminate 9 Nursing Mothers Nursing Mothers (§604)

Maine Department of Labor Entitlement Of Military Leave In Response To State Or Federal Orders – The Employee Shall Give Reasonable Notice Reinstatement Required Family Military Leave – 15 Or More Employees – A Request By An Employee ) – Shall Provide Up To 15 Days Of Leave 10 Military Leave Military Leave (§811)

Maine Department of Labor Employees Must Be Offered A Break – After Six Consecutive Hours Worked – Must Have At Least 30 Consecutive Minutes Of Relief From Duties – May Be Used As A Mealtime – May Be Paid Or Unpaid Time Exceptions – Does Not Apply To Emergency Situations – Does Not Apply To Small Business Three Or Fewer Employees 11 Rest Breaks Rest Breaks (§ 601)

Maine Department of Labor Youth Under 18 Years Of Age – Hazardous, Dangerous, Or Injurious To Minor – State Child Labor Provisions – Federal Provisions Under The FLSA Exceptions – Educational Instruction – Cooperative Education Programs – Student Learners – Junior Firefighter Programs 12 Child Labor Child Labor (§ )

Maine Department of Labor Employment For Youth 16 & 17 Years Of Age – School Is In Session Up To 24 Hours In A Week Up To Six Hours A Day No More Than Six Consecutive Days – School Is Not In Session No More Than 50 Hours In A Week No More Than 10 Hours A Day – Time Of Day Restrictions 13 Child Labor Child Labor (§ )

Maine Department of Labor Youth Under 16 Years Of Age May Not Be Permitted To Work In – Manufacturing Establishment – Hotel Or Rooming House – Laundry Or Dry Cleaning (Except Automatic Laundries) – Bakery – Poolroom – Commercial Places Of Amusement – Game Or Show That Allows Betting – Overnight Away From Home 14 Child Labor Child Labor (§ )

Maine Department of Labor Employment For Youth Under 16 – School Is In Session Up To 18 Hours In A Week Up To Three Hours A Day No More Than Six Consecutive Days – School Is Not In Session No More Than 40 Hours In A Week No More Than Eight Hours A Day – Time Of The Day Restrictions 15 Child Labor Child Labor (§ )

Maine Department of Labor Job Offer Starts The Work Permit Process For Youth Under Age 16 Pre-authorization From Local Superintendent Approved Or Denied By DOL – Penalties On Employer (Civil Violation With Fines) – Fines Against Minor’s “Parent” – Fines Against Superintendent – Fines Against Authorized Agent 16 Work Permit Work Permit (§775)

Maine Department of Labor Applies To All Private And Public Employers – Youth Under 14 Years Of Age May Only Work For Their Parent Owned Business Under FLSA. Records Of Hours Worked – Exceptions – Accurate Time Records Penalties Fall On Employers 17 Child Labor Child Labor (§ )

Maine Department of Labor 18 Workplace Safety and Health Are Your Employees Safe?

Maine Department of Labor Respirator Protection Hazard Communication PPE Assessment Electrical Bloodborne Pathogens Lockout / Tagout Work Zone Traffic Control Emergency Action Plans 19 Most Frequently Cited Violations

Maine Department of Labor Federal Register-August 5, 2015 Little Change For The State – More Reporting – More Training – Abatement dates 60-days SafetyWorks! – Still Honor 6-Months Exemption (SW Umbrella) – Same Consultative Services – Onsite Consultation – Onsite Training 20 23(g) State Plan Public Sector Only

Maine Department of Labor Smart Board Three Projectors Two Cameras (3rd in lab) – Adobe Connect – MEMA Seating for 48 (Classroom) Adjacent Lab Attendees Multiple Agencies 21 SafetyWorks! Training Institute

Maine Department of Labor Bureau Of Labor Standards 45 State House Station Augusta, Maine Phone: Fax: TTY: Maine Relay 711 Website: 22 Questions and Comments