An Act to Establish a State Minimum Hourly Wage for Agricultural Workers

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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 357
S.P. 143 In Senate, February 3, 2025
An Act to Establish a State Minimum Hourly Wage for Agricultural
Workers
Received by the Secretary of the Senate on January 30, 2025. Referred to the Committee
on Labor pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Representative ROEDER of Bangor and
Senators: TALBOT ROSS of Cumberland, TIPPING of Penobscot.

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1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 26 MRSA c. 7, sub-c. 2-B is enacted to read:
3SUBCHAPTER 2-B
4AGRICULTURAL EMPLOYEE MINIMUM HOURLY WAGES AND RELATED
5PROVISIONS
6§651. Definitions
7 As used in this subchapter, unless the context otherwise indicates, the following terms
8 have the following meanings.
91. Employ. "Employ" means to suffer or permit to work.
102. Employee. "Employee" means an individual employed to perform agricultural labor
11 as defined in the Employment Security Law and the Federal Unemployment Tax Act,
12 except that members of the family of the employer who reside with and are dependent upon
13 the employer are exempt from this subchapter.
143. Employer. "Employer" means a person or entity that directly or indirectly engages
15 the services or permits the work of an individual employed to perform agricultural labor or
16 an individual employed in certain activities related to agriculture.
174. Wages. "Wages" means compensation paid to an employee in the form of legal
18 tender of the United States and checks on banks convertible into cash on demand and
19 includes the reasonable cost to the employer that furnishes the employee board or lodging.
20 "Wages" also includes compensation paid through a direct deposit system, automated teller
21 machine card or other means of electronic transfer as long as the employee either can make
22 an initial withdrawal of the entire net pay without additional cost to the employee or the
23 employee can choose another means of payment that involves no additional cost to the
24 employee.
25§652. Minimum hourly wage
26 An employer may not employ an employee at a rate less than the rates required by this
27 section.
28 Beginning January 1, 2026, the minimum hourly wage for an employee is $14.65 per
29 hour. On January 1, 2027 and each January 1st thereafter, the minimum hourly wage then
30 in effect must be increased by the increase, if any, in the cost of living. The increase in the
31 cost of living must be measured by the percentage increase, if any, as of August of the
32 previous year over the level as of August of the year preceding that year in the Consumer
33 Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast
34 Region, or its successor index, as published by the United States Department of Labor,
35 Bureau of Labor Statistics or its successor agency, with the amount of the minimum hourly
36 wage increase rounded to the nearest multiple of 5¢. If the highest federal minimum hourly
37 wage is increased in excess of the minimum hourly wage in effect under this section, the
38 minimum hourly wage under this section is increased to the same amount, effective on the
39 same date as the increase in the federal minimum hourly wage, and must be increased in
40 accordance with this section thereafter.
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1§653. Records; retention, examination, copies
2 An employer subject to this subchapter shall keep a true and accurate record of the
3 hours worked by each employee and of the wages paid to the employee, such records to be
4 preserved by the employer for a period of at least 3 years, and shall furnish to each
5 employee with each payment of wages a statement that clearly shows the date of the pay
6 period, the hours worked, total earnings and itemized deductions. An employer making
7 payment by direct deposit or other means of electronic transfer shall provide each employee
8 with an accurate record of the transfer, including the date of the pay period, the hours
9 worked, total earnings and itemized deductions, when the transfer is made. If the record is
10 provided in an electronic format, the employer shall provide a method by which the
11 employee may have ready access to the information and print it without cost to the
12 employee. The Director of the Bureau of Labor Standards within the Department of Labor
13 or the director's authorized representative may, and upon written complaint shall, enter the
14 place of business or employment of an employer or employee for the purpose of examining
15 and inspecting such records and copy any such records as the director or the director's
16 authorized representative determines necessary or appropriate.
17§654. Employee remedies
18 An employer is liable to an employee for the amount of any unpaid minimum hourly
19 wages under this subchapter. Upon a judgment being rendered in favor of an employee in
20 any action brought to recover unpaid minimum hourly wages under this subchapter, the
21 judgment must include, in addition to the unpaid minimum hourly wages adjudged to be
22 due, an additional amount equal to the unpaid minimum hourly wages as liquidated
23 damages and costs of suit, including reasonable attorney's fees.
24§655. Penalties
25 An employer that violates this subchapter is subject to a fine of not less than $50 and
26 not more than $200.
27 An employer that discharges or in any other manner discriminates against an employee
28 because the employee makes a complaint to the Director of the Bureau of Labor Standards
29 within the Department of Labor or to a district attorney concerning a violation of this
30 subchapter is subject to a fine of not less than $50 and not more than $200.
31 In the event of a violation of this subchapter, the Attorney General may bring an action
32 in the Superior Court to enjoin further violation of this subchapter.
33§656. Unfair contracts
34 An employer may not be exempted from this subchapter by special contract with an
35 employee or by any other means.
36SUMMARY
37 This bill provides that individuals employed to perform agricultural labor may not be
38 paid at a rate less than the state minimum hourly wage of $14.65 per hour and that, on
39 January 1, 2027 and each January 1st thereafter, the minimum hourly wage then in effect
40 must be increased by the increase in the cost of living. It also provides that employers that
41 employ individuals to perform agricultural labor are required to keep a true and accurate
42 record of the hours worked by each employee and the wages paid to each employee. The
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43 bill also provides remedies for employees and penalties for employers for unpaid minimum
44 hourly wage violations.
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