In our May 2002 Newsletter, we reported on the attention Maine’s Severance Pay Law received during the Second Session of the 120th Maine Legislature.  Lest they go unnoticed, other employment-related bills that were signed into law are summarized below.  These laws had an effective date of July 25, 2002.

An Act to Coordinate the Maine Overtime Pay Provisions with the Federal Fair Labor Standards Act Regarding Exemptions for Businesses Involved in the Transportation of Persons or Goods -- L.D. 2108.

This legislation amends Maine’s overtime pay law, by including certain employees of motor carriers involved in interstate trucking among those employees who are exempt from overtime pay.  The new legislation was intended to clarify the Department of Labor’s practice of exempting such employees from the Maine overtime law, consistent with an express exemption that exists under the Fair Labor Standards Act.  The legislation is retroactive to January 1, 1995.  However, cases pending in Maine courts as of March 20, 2002 will not be directly affected by this law.  Further, portions of the statute will be repealed on August 31, 2003, and, effective  September 1, 2003, interstate motor carriers will be required to pay drivers subject to the law “overtime pay reasonably equivalent to that required by [Maine’s Overtime Law] for all hours worked in excess of forty per week.”  The Department of Labor has been instructed to adopt rules governing payment methods that will satisfy this “reasonably equivalent” standard. 
An Act to Expedite Employment in Maine Industry -- L.D. 2066.  This bill revises Maine’s current substance abuse testing law by allowing the use of rapid response testing methods for job applicants.  The law also requires employers who wish to use these point of collection “rapid response” tests to ensure confidentiality of test results and to ensure that those performing the tests are properly trained. 

An Act to Promote Safety of Families through the Workplace -- L.D. 1960.  This law amends the law requiring employers to grant employment leave for victims of violence.  It now requires employers to grant employees leave from work if either the employee or a child of that employee is a victim of assault, sexual assault, stalking, or any other act that would support an order for protection.  The leave may be with or without pay, and must be provided so that an employee can prepare for and attend court proceedings, receive medical treatment, or obtain necessary services to remedy a crisis caused by the domestic violence, sexual assault or stalking. 

An Act to Promote Organ Donation -- L.D. 1945.  This bill amends the Maine Family and Medical Leave Act by including an employee’s organ donation for a human organ transplant as one of the reasons the employee must be allowed to take a medical leave of absence.