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Maine overtime rules

Maine pays time and a half after 40 hours in a workweek, and also caps mandatory overtime: an employer may not require more than 80 hours of overtime in any two consecutive weeks.

Verified against the US Department of Labor.

Your week

Decimal (46.5) or hours and minutes (46:30).

Attendance, production, safety bonuses and shift differentials count. Gifts and reimbursements do not.

What you are owed

Regular rate of payBase rate plus bonus, per hour
$25.26
Straight time40.00 hrs at the regular rate
$1,010.43
Overtime6.00 hrs at 1.5×
$227.35
Double timeNone this week
$0.00
Total gross$1,237.78
Your overtime rate is higher than your hourly rate$9.78 more Your regular rate of pay is $25.26, so your overtime rate is $37.89, not $33.00. Paying overtime at $33.00 would leave you $9.78 short this week.

The rule in Maine

In Maine, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.

Limits on mandatory overtime

What counts toward your regular rate

Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.

Counts

  • Your hourly pay for every hour worked, at each rate you worked
  • Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
  • Commissions
  • Shift differentials for nights, weekends or hazardous work

Does not count

  • Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
  • Expense reimbursements
  • Pay for time not worked: vacation, holidays, sick days

A worked example

Maine, 46 hours with a $150 production bonus.Your overtime is not 1.5 × $22. The bonus is spread across all 46 hours first, lifting your regular rate to $25.26, which makes your overtime rate $37.89 instead of $33.00. Paying overtime at $33.00 would leave you $9.78 short for the week.

Common mistakes employers make in Maine

  • Requiring more than 80 hours of overtime in two consecutive weeks. Maine caps it there, with exceptions for declared emergencies, essential public services and seasonal employers.
  • Leaving bonuses and commissions out of the overtime rate. Maine's regular hourly rate includes all earnings, bonuses and commissions paid for work actually performed.
  • Disciplining a nurse who refuses to work past 12 consecutive hours. Maine forbids that outside an unforeseen emergency, and a nurse kept longer must get 10 consecutive hours off immediately afterwards.

Other Maine pay rules worth knowing

  • Final paycheck if fired: By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
  • Unused PTO: Unused paid vacation accrued under the employer's policy on or after January 1, 2023 must be paid when employment ends. Employers with 10 or fewer employees and public employers are exempt, and a union contract covering vacation payout overrides the rule.
  • Late final pay: A judgment for unpaid wages must add a reasonable rate of interest, twice the unpaid wages and vacation pay as liquidated damages, and costs including attorney's fees (26 M.R.S. § 626-A). Remedies open 8 days after the due date, or 8 days after a demand where there was a bona fide dispute.

Maine final paycheck law and deadline calculator →

Maine overtime: common questions

Does my employer have to pay overtime if they didn't approve it?

Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in Maine as everywhere else under federal law.

Does my bonus change my overtime rate?

Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.

Can my employer in Maine force me to work overtime?

Up to a point. Maine allows mandatory overtime but caps it at 80 hours of overtime in any two consecutive weeks, counting hours over 40 in a calendar week. The cap does not cover declared emergencies, essential public services, seasonal employers or medical residents. You and your employer may also agree in writing to a lower limit.

What is a workweek, and can my employer change it?

A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.

If you think you were underpaid

  1. Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
  2. Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
  3. File a wage claim — File an Online Wage and Hour Complaint with the Maine Department of Labor, Bureau of Labor Standards — (207) 623-7900. It is free, and you do not need a lawyer.
  4. Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.

Spotted something wrong? Report an error.

Other states that also add their own exception to the 40-hour rule: Connecticut, Hawaii and Kansas.