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.
I was fired for an unfair reason, or for a reason that is not even true.
If you do not have a written contract, the employer has the upper hand here. However, if the employer fires you for certain reasons, the firing may be illegal. This is for reasons like age, sex, race, disability, reporting a violation of the law, asking for overtime pay, and several other reasons.
If you think that the reason that the employer gave for firing you is not the true reason, in Maine and some other states, the employer must put in writing the reasons that he fired you.
The employer still owes me money, but will not pay it to me.
The employer will have to pay it to you. The law is very strong on your side. He will have to pay a penalty to you besides and pay your lawyers fees.
I agreed to work over 40 hours without being paid extra for overtime. Can I still collect overtime even though I agreed not to take it?
Yes. Overtime pay, like minimum wage, is required by law. Your agreement to work for less means nothing.
I am paid less than men are paid for doing the same work.
This violates both state and federal law. In Maine, there is an Equal Pay law. That means that you cannot be paid less than men for doing “comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.”
I am somewhat older. I think I was laid off because I was more experienced and my pay was higher. A younger person was hired to replace me and is being paid less.
Both state and federal law prohibit age discrimination. You should file a complaint with the Maine Human Rights Commission. It will be investigated at no cost to you. You should have an attorney advise you while this investigation is ongoing. This office, and others, can assist you. Often, there is no legal fee for this help.
I am receiving payments from the Maine State Retirement System for disability. I just received a letter saying that they have “reviewed” my disability and that I am no longer eligible. What can I do?
The Maine State Retirement System is required by law to review all employees on disability periodically. Very often they send out “review” letters simply because they do not have enough medical information showing that you are still disabled. You have a right to challenge this decision and to have a hearing. Your benefits will continue as they are until the hearings are over. You should get the assistance of an attorney who knows how to collect the kind of documentation that the Maine State Retirement System needs to change its decision.
I filed a claim with the Maine State Retirement System for disability, but they say I am not disabled. Yet, I cannot do the job that I used to.
In Maine, if you cannot do the job that you used to, you meet the requirements for “disability” under the Maine State Retirement law. There are other technicalities depending on what kind of papers you signed while you were employed and some other things, but you do meet the basic test. You are entitled to file an appeal and to have a hearing about this.
I just found out that my employer was deducting money from my paycheck for several years and sending the money to Social Security instead of to the Maine State Retirement System (or vice – versa). What can I do?
This frequently happens in Maine because of the confusion in some school superintendent’s office about which employees are covered by the Maine State Retirement System and which are covered by Social Security. You need to do something about this. You need to get the money transferred from one system to another. The requirements of both systems, and the procedure to do this, is somewhat technical. You definitely will need a lawyer to assure that it is done correctly.
I have seen a spill of hazardous materials. Where do I report it?
Twenty-four hours a day you can report any oil spills to the Maine Department of Environmental Protection. 1(800) 482-0777. To report other hazardous material spills telephone 1(800) 452-4664.
How can I find out if conditions I think are environmentally wrong are or are not against the law?
The Maine Department of Environmental Protection has various publications that explain Maine’s strong environmental laws. Go to “Publications” on their website at
www.maine.gov/dep.
I work in an auto body shop. I am interested in acquiring a certain site but I think that redevelopment is a problem because of contaminants that may be in the land. What should I do?
The Department of Environmental Protection provides small business technical assistance to remedy “brown fields.” A brown field is a site where redevelopment is impeded by contamination or the potential for contamination. Financial assistance is available to non-profit groups to clean up and prepare the site.
How soon can I get my car repaired?
Usually you will have property damage insurance of your own. The quickest way to get your car repaired is by calling your insurance company. If you do not have property damage insurance as part of your policy, the insurance company for the other driver will often pay very quickly for the repair of your car, if there is no dispute about who is at fault. Your insurance will often pay for a rental while your car is being repaired.
What should I do after the accident?
Always be sure to have your medical condition checked out as soon as possible. This is not the time to act macho. Make sure you are ok by either visiting your doctor or the emergency room. Do not admit fault for the accident. That is a question for the police, the insurance companies, and your attorney, if you get one.
If I receive only very small injuries in the accident, how much compensation can I expect?
The important thing is not to accept any amount of money to settle until you are positive that all of the pain and effects of the accident are gone. The insurance company for the other party will often tell you that “liability is in question,” and you should accept a small amount of money right away. Get advice before you accept it.
If I need medical treatment for the accident, who will pay for this?
Often your own car insurance has medical coverage resulting from accidents. If not, you will have to use your other health insurance until the responsible party pays them back.
Is there anything else I should do?
Yes, you should take pictures of everything: the scene of the accident from several points of view, the damages to your car and the other car from several points of view, and pictures of your injury the day after the accident and every week thereafter.
What about injuries and accidents besides car accidents?
Basically the same advice. Get your injuries taken care of. Do not admit fault. Take pictures. Call your insurance company. Call Fontaine Law Office.
How will I pay the attorney?
This office accepts injury cases on a “contingent fee” basis. That means that you only pay lawyers fees when and if we recover money for you.