MaineOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: Maine has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Salary exemption threshold: $871.16/week ($45,300.32/year).
What are the overtime rules in Maine?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | NoOnly weekly overtime applies |
| Overtime Rate | 1.5x regular rate |
| Follows FLSA? | State lawStricter than federal FLSA |
How does Maine differ from federal overtime rules?
Maine has its own overtime law (26 MRS §664) requiring 1.5x after 40 hours per workweek. Maine law covers workers not covered by FLSA. Maine has some industry-specific exemptions for certain processors and canners.
How to Calculate Overtime in Maine
Example 1: Employee works 45 hours in one week at $20/hr
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (weekly OT at 1.5x)
Total pay: $950.00
Example 2: Employee works 50 hours at $15.10/hr (ME min wage 2026)
40 x $15.10 = $604.00 (straight time) + 10 x $22.65 = $226.50 (OT at 1.5x)
Total pay: $830.50
Example 3: Salaried non-exempt employee at $850/week works 46 hours
$850.00 (salary) + 6 x $10.63 = $63.78 (OT premium half-time)
Total pay: $913.78
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in Maine?
Under Maine law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is required to be on the employer's premises or at a prescribed workplace
- •On-call time when the employee must remain at or near the worksite
- •Travel time between job sites during the workday
- •Mandatory training, meetings, or lectures
- •Meal breaks where the employee is not relieved of duties
- •Time donning/doffing required protective equipment
- •Waiting time under the employer's control
Who is Exempt from Overtime in Maine?
| Salary Threshold | $871.16/week ($45,300.32/year) — Maine minimum (3,000x state minimum wage), above federal level |
|---|---|
| Exempt Categories | Executive, administrative, professional (follows FLSA exemption definitions) |
| Industry Exemptions | Certain fish/seafood processing, canning operations, automobile dealerships, hotels (some have seasonal exemptions) |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive | Salary $871.16+/week ($45,300.32/year in 2026, based on 3,000x state minimum wage); manages enterprise/department; directs 2+ employees; hire/fire authority |
| Administrative | Salary $871.16+/week; office/non-manual work related to management; exercises discretion and independent judgment |
| Professional | Salary $871.16+/week; advanced knowledge requiring prolonged study; or creative work requiring invention/imagination |
| Computer Employee | Salary $871.16+/week or $27.63+/hr (federal floor); systems analyst, programmer, software engineer |
| Outside Sales | No salary requirement; primary duty is making sales away from employer's place of business |
Must I Pay Unauthorized Overtime in Maine?
Yes — you must pay for all overtime worked, even if unauthorized.
Maine employers must pay for all hours actually worked, including unauthorized overtime. An employer may discipline an employee for working unauthorized overtime but cannot withhold wages for time already worked.
Common Overtime Violations to Avoid in Maine
These are the most common overtime mistakes employers make in Maine. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Misclassifying employees as exempt using the lower federal salary threshold instead of Maine's higher threshold ($45,300/year)
- 2.Not updating exempt salary classifications as Maine's threshold rises automatically with minimum wage
- 3.Off-the-clock work (pre-shift, post-shift)
- 4.Averaging hours across workweeks
- 5.Failing to include bonuses and commissions in the regular rate
- 6.Providing comp time instead of overtime pay in the private sector
Penalties for Overtime Violations in Maine
Maine employers who fail to pay overtime face liability for unpaid wages plus liquidated damages. Under Maine's wage and hour laws, employees can recover back pay, liquidated damages, and attorney's fees. The Maine Department of Labor can investigate complaints and order compliance. Maine has a 3-year statute of limitations for wage claims.
What Maine Employers Need to Know
- •Maine has its own overtime law requiring 1.5x after 40 hours per workweek
- •Maine law covers workers not protected by FLSA
- •No daily overtime requirement in Maine
- •Certain seafood processing and canning workers have overtime exemptions
- •Maine's minimum wage is above the federal minimum
Frequently Asked Questions
Does Maine have its own overtime law?
Yes. Maine law (26 MRS §664) requires 1.5x overtime after 40 hours per workweek, covering workers beyond FLSA reach.
Are there industry-specific overtime exemptions in Maine?
Yes. Certain fish/seafood processing, canning, and hotel workers may have overtime exemptions under Maine law.
Official Maine Resources
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This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: Maine Department of Labor — Bureau of Labor Standards, U.S. Department of Labor.