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An Act To Conform the Laws Regarding a Salaried Employee Who Is Exempt from Overtime and Minimum Wage Requirements to Federal Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §603, sub-§3, ¶E, as enacted by PL 1999, c. 750, §1, is repealed and the following enacted in its place:
 
E.  A salaried employee:
 
(1) Who works in a bona fide executive, administrative or professional capacity or satisfies the criteria for the exemption specified by the United States Department of Labor under the federal Fair Labor Standards Act, 29 United States Code, Section 213(a)(1) (2017); and
 
(2) Whose regular compensation meets or exceeds the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, 29 United States Code, Section 213(a)(1) (2017);
Sec. 2. 26 MRSA §663, sub-§3, ¶K, as amended by PL 2009, c. 529, §2, is repealed and the following enacted in its place:
 
K.  A salaried employee:
 
(1) Who works in a bona fide executive, administrative or professional capacity or satisfies the criteria for the exemption specified by the United States Department of Labor under the federal Fair Labor Standards Act, 29 United States Code, Section 213(a)(1) (2017); and
 
(2) Whose regular compensation meets or exceeds the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, 29 United States Code, Section 213(a)(1) (2017); and
 
SUMMARY
This bill amends the description of a salaried employee for the laws governing limits on mandatory overtime and the definition of "employee" in the laws governing minimum wages to conform with the federal guidelines established by the United States Department of Labor under the federal Fair Labor Standards Act. It sets the minimum salary at the threshold established by the United States Department of Labor under that Act. It eliminates the requirement that the salary threshold be tied to the state minimum wage.