Overview of Maine Break Laws
The issue of employee breaks is one that can easily slip employers’ minds. However, under Maine law, employees have the right to breaks during the workday, and it is critical that Maine employers are aware of their obligations in this regard. Maine has several statutes addressing employee breaks, including rules that apply to all Maine employers, as well as rules that apply only to employers that have 25 or more employees.
Regardless of the number of employees in the business, an employer must provide its employees working eight hours or more the opportunity to take a 30-minute break during the time period between four hours and five hours of work. The 30-minute break does not have to be paid. The break is "time for rest , refreshment and activities of the employee’s own choice and design."
Notably, this break requirement does not apply to meeting or training sessions that are at least 30 minutes long if the employee is not required or expected to perform any duties during the meeting or training session.
In certain industries, such as automotive, lodging, and recreation, there are additional Maine regulations requiring employers with 25 or more employees to provide employees working 35 or more hours per week the opportunity to take paid breaks during work hours.
Rest Breaks for Non-Exempt Workers
The Maine Department of Labor does not have any written guidelines on minimum rest breaks, although the general law on this type of break is stated in a letter of interpretation by the Maine DOL. Pursuant to the statute, the law requires a 30-minute unpaid rest break for employees working 8 hours or longer, but it is an "unwritten" interpretation at the main office level that the 30-minute meal break in a workday setting should always be unpaid, even when the total time worked for the day is less than 8 hours. Short employee meal periods are non-compensable, even if the periods are not ore than 15 minutes. Maine requires a 30 consecutive-minute uninterrupted rest period for the employee who works 8 or more continuous hours in a workday. The break must be provided at management discretion between the third and sixth hours worked. There is no specific language that requires a 30-minute rest period may not be paid, but the Maine DOL has opined that it should not be. The DOL opinion letter fits well within the FLSA’s definition of "bona fide meal periods." In non-educational settings, which are not public schools, FLSA regulations under 29 CFR Section 785.18-19 prohibit the payment of wages during the time that the employee is completely relieved of duties and free to leave the workplace. In conclusion, even when the duty day worked is less than eight hours, there is no right to a paid break, and the legally required break times are unpaid, although this is not specifically stated in the Maine workers’ statute, like it is in many other states.
Meal Breaks for Non-Exempt Workers
Employees in Maine are entitled by law to at least a half an hour break for meals if they work a full 6 or more hour shift. The "meal break" or "lunch break" cannot be scheduled "in the midst of the day’s work" (as opposed to at the beginning or end of the day) to "prevent its proper use." Put another way, you cannot schedule an employee 6 hours and then provide a half hour for an unpaid meal break, unless it comes after 5.5 hours of work. 26 M.R.S. § 604(1). This means that scheduled "lunch" or "meal" breaks cannot be scheduled at the time of day that the employee would normally take their lunch or dinner- to prevent employers from willfully refusing to permit employees to eat.
Exceptions and Waivers
It is important to remember that not everyone is covered by Maine’s work break laws. Maine does not have a general state law establishing the right to take a meal or other break during the day. There are, however, specific laws that do apply to workers in certain industries and for particular circumstances. Employers are not permitted to adopt their own rules in these areas, but they are entitled to comply with the specific requirements outlined by law.
In addition, Maine’s wage and hour laws do not apply to employees of certain businesses, such as, for example, newspapers. If the state labor laws don’t apply to you, federal and/or local laws may govern.
Certain exceptions and special conditions include:
- Agricultural workers. Employees engaged in farm labor in the potato industry in Aroostook County are entitled to a 15 minute break every four hours. "Farm labor" is defined as "all activities performed upon or about a farm in connection with the growing of agricultural crops or in connection with any of the activities [specifically] enumerated [in the law.]" 26 M.R.S. sect. 668.
- Emergency medical personnel. Employees who "provide emergency medical services" in these towns are entitled to a 30 minute meal period for every 8 (or more) hours worked. They may waive the right to receive this meal provision if they specifically agree to do so. 32 M.R.S. sect. 83, subsect. 1160.
- Newspaper workers. Employers engaged in the publication of newspapers may adopt their own policies regarding the right to take "breaks, recesses, or intermissions." 26 M.R.S. sect. 626 disclaims application to employers "who publish a newspaper," without defining further either term.
- Truck drivers. Employees who may drive vehicles with a gross weight of over 18,000 pounds may be granted a rest period instead of a meal period at the option of the employer.
- Summer camp, recreation camp, or athletic camp workers. Employers of minors in these facilities need not provide the employees (clients) the opportunity to eat when meals are prepared at the establishment. 26 M.R.S. roup. 617, subsect. 800.
Each of these laws, as well as any regulations adopted in conjunction with them, should be reviewed carefully to determine whether these exceptions or special conditions apply.
Employer and Employee Obligations
For workers who are denied breaks at work, or for employers who have to decide whether they need to provide breaks, it’s not enough just to know the law. Whatever one believes about the wisdom of requiring breaks at work — see David’s post on failed attempts to pass a sick day law in Maine — "the Legislature, not the court, is the place to weigh the policy considerations underlying the disability laws." Herrick v. First Devon Mortgage Loan Servicing, LLC, 2013 ME 4, ¶ 15. And the Legislature has required certain employers to provide certain breaks. As with all laws, employees and their employers must comply with the command of the statute notwithstanding their disagreement with the statute.
If an employee has been denied a required work break the employee may file a complaint with the Department of Labor. 26 M.R.S.A. §§ 872, 873. Employers face additional employment-related risks when denied a required break. An employer is liable to the employee for the "reasonable value of meals and lodgings furnished by the employer, if not allowed to the employee by agreement." 26 M.R.S.A. § 872. Moreover, if the employee is required to work during a unpaid rest period, the employee is entitled to compensation at the regular rate of pay for that time. 26 M.R.S.A. § 874. If the employee is required to work during an otherwise paid rest period , the employee is required to be paid at the overtime rate of pay. 26 M.R.S.A. § 874. An employee who does not receive the required meal period or a work break according to the law may file a complaint with the Department of Labor. 26 M.R.S.A. § 872.
Employers are required to provide employees "with a paid meal period of at least 30 consecutive minutes during each 8 consecutive hour shift worked by the employee between the hours of 5 A.M. and 7 P.M." and an "unpaid meal period of at least 8 consecutive hours during each 9-hour period of consecutive hours worked by the employee between the hours of 9 P.M. and 5 A.M." 26 C.M.R. ch. 14(1) (2008). In addition, an employer must provide employees one paid 15-minute rest period per four hours worked. Id.
Regardless of whether a break is required by law and regardless of whether the employee is paid for that break, an employee may work during that break. However, the employer is not liable for compensating the employee for that time provided the employee chooses to work through that break and the "overtime" rules do not apply. However, when the employee has an employment contract providing for meal and break periods, and the employee works during the period that is covered by the contract, the employee must be compensated according to the contract.
Whether a break is required depends on the lawful requirements applicable to your industry. If you are not certain whether you are required to provide a break, consult an employment attorney.
Maine Statutory Law Compared to Other Jurisdictions
When it comes to work breaks, Maine isn’t so unique. All states require a break of at least 30 minutes for employees working more than 8 hours in a day. For those who travel outside of Maine, employees are never exempt from their meal break requirements and employers are required to provide breaks in their work schedules.
While most states have 30 minutes as the minimum standard for a meal break, six states require a 60 minute meal break for employees who work more than 8 hours. Delaware, Illinois, Indiana, Massachussetts, New Hampshire and Washington all require 60 minutes as compared to Maine’s standard of 30 minutes.
Maine is also a leader when it comes to requiring additional work breaks during the day. Most states require only on 10-minute paid break for every 4 hours of work and offer an unpaid 30 minute meal break if an employee works more than 5 hours. However, Maine requires 15 minutes paid work breaks for every 4 hours an employee works, so as compared to other states, Maine is a little more generous.
Visitor Restrictions on Break Laws in Maine Importantly, Maine does not require that a break be paid or of a particular duration but visit restrictions on the use and payment of breaks. In fact, under Maine law if an employee is required to stay at their work site during a work break, for a convenience of the employer or if the 15-minute break does not afford the employee an opportunity to leave the employers property, then it is considered paid. The purpose of the law is to prevent the employer from keeping and employee at the worksite during a 30 minute meal break. The statute also includes travel time to and from the worksite as part of the 10 or 15 minute break period.
Here are the Maine specific requirements from the Maine Department of Labor: 1. Time for a break must be included in the workweek schedule. 2. Employees may not decide on their own that they are taking a break or when to stop working. 3. If there is no specific policy in place, Worker’s Compensation will consider these breaks part of the work day. 4. Employee travel to another location to take their 10 or 15 minute break is not reimbursable. 5. Employees must be released from duty for 30 minutes to work for 6 or more consecutive hours.
Enforcement of the Break Laws
If an employer fails to provide employees with proper breaks in accordance with Maine law, they could be subject to statutory damages and fines, and owed back wages. In any civil action brought by the Commissioner for the collection of unpaid wages in which the trier of fact finds that the employer or other person intentionally failed to pay wages, the court shall increase the damages otherwise recoverable as a penalty against the employer. The amount of the penalty is equal to twice the amount of unpaid wages due the employee. Notwithstanding any specific agreement to the contrary, the employer or other person must pay interest on the unpaid wages from the date the wages were due until the date of the judgment, except that an employer is not liable for interest on unpaid wages if the employer pays the employee the full amount of the wages plus interest within 21 calendar days of the receipt of the notice under subsection 1-B. The Court may also impose penalties on employers for failing to adhere to the work break laws. A person who violates any of these laws commits a civil violation for which a fine of up to $500 may be adjudged for each violation.
Recent Amendments and Future Potential
The Maine Department of Labor, Bureau of Labor Standards has not issued any new regulations addressing the work break laws in the last decade. However, since the MDOL defines a "shift" as "a period of time that an employee is required to be present at the place of employment and perform his/her duties," MDOL could easily issue pro-employee regulations to construe the law to require longer breaks or require that breaks be counted as hours worked (e.g., if there are other compensable duties performed that are incidental to the meal break, such as cleaning or supervising fellow employees).
The Legislature periodically considers bills that would expand the scope of the mandatory work breaks under 26 M.R.S.A. 604. For example, on January 29, 2015, the Senate referred L.D. 191, "An Act Regarding Work Breaks for Employees in the Retail Grocery Industry" to the Joint Standing Committee on Labor, Commerce, Research and Economic Development. This bill would require that certain grocery store employees get two paid ten-minute breaks for every four hours worked . The bill also specifies that six exceptions to the same would be:
However, the bill has not progressed out of committee and it appears unlikely that it will advance in the 127th Second Regular Session of the Maine Legislature.
The Maine Legislature is also considering L.D. 1328 identical to "An Act To End the Practice of Wage Theft" that was voted on and passed by the House of Representatives on March 20, 2015. Although this legislation does not directly address work breaks, it seeks to make numerous changes to the substantive wage and hour laws in Maine, and in particular, lengthy amendments to the prohibition against making any deductions from wages. Therefore, its passage may also result in changes to the work break requirements that are entirely different from the work break law currently in effect.
Given the evolving state of Maine’s work break law and the potential for changes in both the short-term and long-term, employees and employers should consult legal counsel in order to stay abreast of any updates to the law.