CHAPTER 423

H.P. 1198 - L.D. 1619

An Act To Provide Equitable Treatment to State Employees

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §664, sub-§3, ¶D, as enacted by PL 1995, c. 305, §1, is amended to read:

D. Public employees, except those employed by the executive or judicial branch of the State;

Sec. 2. 26 MRSA §664, sub-§4 is enacted to read:

4.__Compensatory time.__To the extent permitted under the federal Fair Labor Standards Act of 1938, as amended, 29 United States Code, Section 207(o), the overtime pay requirement applicable to executive or judicial employees as described in subsection 3, paragraph D may be met through compensatory time agreements.

Sec. 3. 26 MRSA §670-A is enacted to read:

§670-A.__Remedies for overtime wage violations involving state

employees

Notwithstanding section 670, in an action brought to recover unpaid overtime wages for an employee of the executive or judicial branch of the State, the judgment or award is limited to the unpaid overtime compensation adjudged to be due, without liquidated damages or attorney's fees.__An action for unpaid overtime wages for an employee of the executive or judicial branch of the State must be brought within 2 years after the