An Act Establishing a State Minimum Hourly Wage for Agricultural Workers

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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 655
H.P. 423 House of Representatives, February 25, 2025
An Act Establishing a State Minimum Hourly Wage for
Agricultural Workers
Received by the Clerk of the House on February 20, 2025. Referred to the Committee on
Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Cosponsored by Representatives: CLOUTIER of Lewiston, DHALAC of South Portland,
DODGE of Belfast, Speaker FECTEAU of Biddeford, SALISBURY of Westbrook, SKOLD of
Portland, STOVER of Boothbay, Senator: PIERCE of Cumberland.

Page 1 - 132LR0021(01)
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 WAGE 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, such records to be preserved by the
4 employer for a period of at least 3 years, and shall furnish to each employee with each
5 payment of wages a statement that clearly shows the date of the pay period, the hours, total
6 earnings and itemized deductions. An employer making payment by direct deposit or other
7 means of electronic transfer shall provide each employee with an accurate record of the
8 transfer, including the date of the pay period, the hours, total earnings and itemized
9 deductions, when the transfer is made. If the record is provided in an electronic format, the
10 employer shall provide a method by which the employee may have ready access to the
11 information and print it without cost to the employee. The Director of the Bureau of Labor
12 Standards within the Department of Labor or the director's authorized representative may,
13 and upon written complaint shall, enter the place of business or employment of an employer
14 or employee for the purpose of examining and inspecting such records and copy any such
15 records as the director or the director's authorized representative determines necessary or
16 appropriate. All information received is considered confidential and may not be divulged
17 to any other person or agency, except as may be necessary for the enforcement of this
18 subchapter.
19§654. Employee remedies
20 An employer is liable to an employee for the amount of any unpaid minimum hourly
21 wages under this subchapter. Upon a judgment being rendered in favor of an employee in
22 any action brought to recover unpaid minimum hourly wages under this subchapter, the
23 judgment must include, in addition to the unpaid minimum hourly wages adjudged to be
24 due, an additional amount equal to the unpaid minimum hourly wages as liquidated
25 damages and costs of suit, including a reasonable attorney's fee.
26 The Department of Labor has exclusive authority to bring an action for unpaid wages
27 on behalf of an employee or employees under this section.
28§655. Penalties
29 An employer that violates this subchapter is subject to a fine of not less than $50 and
30 not more than $200.
31 An employer that discharges or in any other manner discriminates against an employee
32 because the employee makes a complaint to the Director of the Bureau of Labor Standards
33 within the Department of Labor or to a district attorney concerning a violation of this
34 subchapter is subject to a fine of not less than $50 and not more than $200.
35 In the event of a violation of this subchapter, the Attorney General may bring an action
36 in the Superior Court to enjoin further violation of this subchapter.
37§656. Unfair contracts
38 An employer may not be exempted from this subchapter by special contract with an
39 employee or by any other means.
40SUMMARY
41 This bill provides that individuals employed to perform agricultural labor may not be
42 paid at a rate less than the state minimum hourly wage of $14.65 per hour and that, on
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43 January 1, 2027 and each January 1st thereafter, the minimum hourly wage then in effect
44 must be increased by the increase in the cost of living. It also provides that employers that
45 employ individuals to perform agricultural labor are required to keep a true and accurate
46 record of the hours worked by each employee and the wages paid to each employee. The
47 bill also provides remedies for employees and penalties for employers for unpaid minimum
48 hourly wage violations.
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