LD 435
pg. 2
Page 1 of 2 An Act To Conform Maine Law to Federal Overtime Standards LD 435 Title Page
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LR 929
Item 1

 
H. Effective September 1, 2003, a driver or driver's helper
who is subject to the provisions of 49 United States Code,
Section 31502 as amended or to regulations adopted pursuant to
that section if the driver or driver's helper is paid overtime
pay reasonably equivalent to that required by this section for
all hours worked in excess of 40 per week. The Department of
Labor may adopt rules governing the determination of payment
methods that satisfy the "reasonably equivalent" standard set
forth in this paragraph. Rules adopted pursuant to this
subsection are major substantive rules as defined in Title 5,
chapter 375, subchapter II-A 2-A;

 
I. A driver or driver's helper who is subject to the
provisions of 49 United States Code, Section 31502 as
amended or to regulations adopted pursuant to that section
and who is represented for purposes of collective bargaining
by a labor organization certified by the National Labor
Relations Board that is a party to a collective bargaining
agreement that intends to regulate the rate of pay to be
paid the driver or driver's helper; and

 
J. A driver or driver's helper who is subject to the
provisions of 49 United States Code, Section 31502 as
amended or to regulations adopted pursuant to that section
and who is employed by an entity that is party to a contract
with the Federal Government or an agency of the Federal
Government that dictates the minimum hourly rate of pay to
be paid the driver or driver's helper.

 
SUMMARY

 
This bill conforms Maine overtime laws to those of the federal
Fair Labor Standards Act and requires that rules adopted by the
Director of Labor Standards within the Department of Labor
conform to regulations adopted pursuant to the federal Fair Labor
Standards Act, including the "white-collar exemptions" that
became effective on August 23, 2004.


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