During the first regular session of the 119th Maine Legislature, lawmakers
dealt with a wide range of workplace issues and managed to enact at least three
new laws with important implications for Maine employers.
Semi-Monthly
Wage Payment. Maine's weekly wage payment statute, originally passed early in
this century to ensure that hourly workers would receive wages according to a
regular schedule, was repealed and replaced with a law requiring that all Maine
employers pay non-salaried employees "at least semi-monthly," with pay periods
not to exceed sixteen days. Effective September 18, 1999, all wages must be paid
on an established day or date and at regular intervals known to every employee.
Any payment interval shorter than the maximum allowed cannot be lengthened
without thirty days' written notice to the affected employees.
Before the repeal, the weekly wage payment requirement applied only to
employers in certain industries, which created confusion among many employers,
especially those in the retail and food service industries. The new law broadens
the scope of the wage payment rules to all employers and clarifies the
conditions under which employees can seek remedies for unpaid wages.
Victim's
Workplace Leave. Maine became the first state in the country to mandate that
employers give workers unpaid leave if they need medical treatment for injuries
related to violent crime or if they must appear in court or seek outside
services to ensure their protection from future violence. The Act to Protect
Victims of Crime in the Workplace was widely endorsed by organized labor, the
Maine Prosecutors Association, the Maine Women's Lobby and the Cumberland County
Sheriff's Department. Some small-business groups, wary of the measure's
potential impacts on employers, opposed it.
Under the law, all employers, regardless of the size
of their workforce, must grant "reasonable and necessary leave from work, with
or without pay, for an employee to prepare for and attend court proceedings;
receive medical treatment; or obtain necessary services to remedy a crisis
caused by domestic violence, sexual assault or stalking." The law does not
require leave that is "impractical, unreasonable or unnecessary" based on the
facts known at the time by the employer. Employers that can prove that granting
leave to a victim would pose an undue burden are excepted from the requirement,
and no employer is required to provide leave "not requested within a reasonable
time under the circumstances."
Broadcast Non-competition Agreements.
After intense lobbying by the American Federation of Television and Radio
Artists, the Legislature approved without a roll call vote a law restricting
Maine's television and radio stations from binding their employees to
non-competition agreements that prevent employees from working for competitors
within the state for a fixed period after they have left their former
positions.
The new law creates a presumption of unenforceability for any
broadcasting industry contract that requires an employee or prospective employee
to refrain from obtaining employment in a specified geographic area for a
specified period following expiration of the contract, or upon termination of
employment without fault of the employee. Contracts covering sales
representatives employed by radio or television stations are excluded from
coverage; in addition, the law does not appear to cover employees whose
contracts are terminated for cause.