An Act To Eliminate the Subminimum Wage for Workers with Disabilities and Agricultural and Tipped Workers
Sec. 1. 26 MRSA §603, sub-§3, ¶D, as amended by PL 2007, c. 640, §1, is further amended to read:
Sec. 2. 26 MRSA §663, sub-§3, ¶A, as amended by PL 1975, c. 717, §5, is repealed.
Sec. 3. 26 MRSA §664, sub-§2, as amended by PL 2017, c. 272, §1, is further amended to read:
The tips received by a service employee become the property of the employee and may not be shared with the employer. Tips that are automatically included in the customer's bill or that are charged to a credit card must be treated like tips given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company. The employer may not deduct any amount from employee tips charged to a credit card, including, but not limited to, service fees assessed to the employer in connection with the credit card transaction.
An employer who elects to use the tip credit must inform the affected employee in advance, either orally or in writing, of the following information: a valid tip pooling arrangement limited to employees who customarily and regularly receive tips in accordance with subsection 2-A shall inform the affected employee in advance, either orally or in writing, of any required tip pool contribution amount from the employee.
Sec. 4. 26 MRSA §666, as amended by PL 2011, c. 483, §1, is further amended to read:
§ 666. Workers with disabilities
For any employment to which the minimum wage is applicable, the The director may not issue to an employer for any a person with a disability a special certificate authorizing the employer to pay that person a wage less than the minimum wage , based on the ability of the person to perform the duties required for that employment in comparison to the ability of a person who does not have a disability to perform the same duties. The director may hold hearings and conduct investigations as necessary for the purpose of fixing the special minimum wage for the person. A certificate is valid for 2 years from the date of issue and may be renewed by the director. The director may issue a certificate to cover several employees with disabilities as long as the employer provides documentation justifying the special minimum wage. An employer may not pay less than the minimum wage to a person by virtue of that person's having a mental or physical disability. A special certificate authorizing the payment of less than minimum wage to a person with a mental or physical disability issued pursuant to a law of this State or to a federal law before October 1, 2019 is without effect.
Sec. 5. Effective date. This Act takes effect October 1, 2019.
This bill eliminates current exemptions from the minimum wage law that allow the payment of wages at less than the minimum wage rate to individuals employed in certain agricultural jobs, to individuals employed in service jobs in which tipping is customary and to certain individuals with disabilities, effective October 1, 2019.