Frequently Asked Questions
How do I pay the lawyer?
In most wage cases our clients do not pay any legal fees. This is because the wage laws that we enforce require an employer to pay the employee's legal fees when the employee has to hire a lawyer to get the wages that are due. And, in all cases, there are no legal fees unless you win.
If I am paid salary, am I still entitled to overtime pay?
Yes, in many cases. How you are paid does not alone determine whether or not you are exempt from overtime. The nature and details of you job, determine who is exempt and who is not exempt. Many salaried people are entitled to overtime.
I do not really have a full lunch break, but my employer subtracts one half hour each day for lunch.
The employer cannot subtract any time from your time worked for lunch unless the lunch break is more than 20 minutes and unless you really have the time to yourself to eat and enjoy your lunch. If you are eating at a desk, or eating while you are working, you must be paid.
Are all workers covered by minimum wage and overtime?
No. See the list of exceptions and exemptions on this web site. Remember, if an employer is exempt under the federal law from minimum wage or overtime pay, the employer is not necessarily exempt under the state law. An employer must be exempt under both state and federal wage laws, or overtime must be paid.
I get paid in tips. Does that mean I can be paid less than the minimum wage?
Not exactly. The employer can pay you only 50% of the Maine minimum wage, if you make substantial tips. Also, you must keep all the tips that you earn, and no supervisor can get any part of your tips. If the employer does not allow you to keep all the tips that you earn, then the employer loses the right to pay you less than the minimum wage. You should be paid overtime on $7.11 per hour.
Some of my pay comes in the form of a bonus. Does this affect my pay in any way?
The bonus you get, whether it is weekly, monthly, or yearly, is something you have earned. If the employer promised it to you ahead of time, usually to encourage you to work harder, then it is pay just like any other pay. Therefore, your time and a half rate of pay should be higher than if you did not get a bonus. There is a simple way to figure out how much more overtime pay you should get if you are paid a bonus.
Can my employer pay me comp time instead of overtime pay for my hours over 40?
No, comp time is illegal in the private sector. However, in government employment it is sometimes legal under certain conditions.