CHAPTER 74
H.P. 1206 - L.D. 1627
Resolve, Regarding Legislative Review of Chapter 14: Rules Governing Alternative Methods of Payment of Overtime for Certain Drivers and Drivers Helpers, a Major Substantive Rule of the Department of Labor, Bureau of Labor Standards
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Chapter 14: Rules Governing Alternative Methods of Payment of Overtime for Certain Drivers and Drivers Helpers, a provisionally adopted major substantive rule of the Department of Labor, Bureau of Labor Standards that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized; and be it further
Sec. 2. Department to request legal opinion. Resolved: That the Department of Labor shall ask the Attorney General to provide a legal opinion by September 1, 2003 as to the ability of the Department of Labor to take into account hours worked outside the State when determining whether overtime pay is required for work within the State; and be it further
Sec. 3. Report to labor committee. Resolved: That the Department of Labor shall meet with the Joint Standing Committee on Labor in September 2003, at the committee's request, to report on the Attorney General's opinion and the department's response to the opinion, including any proposed changes to the rule described in section 1.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 16, 2003.
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