Free Maine Labor and Employment FAQs | Free Maine Labor and Employment Legal Documents

Are Certain Occupations Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

Please click on the links below for information on hazardous occupations for minors:

Hazardous Occupations Rules
Clarification of Hazardous Occupations Rules for Junior Firefighters

Can I File A Claim Outside Of Maine?

Tue, 29 May 2007 21:19:00 GMT

Yes, You can file a claim by telephone from any other state. The number to call from out of state is (207) 7532800. If you live in Canada, you should contact your nearest unemployment office for instructions.

Can I Refuse To Take A Drug Test?

Tue, 29 May 2007 21:19:00 GMT

You can refuse to take a drug test, however, your employer may have the right to terminate you or refuse to hire you.

An employer may not fire an employee the first time he or she tests positive, but may do so if he or she tests positive more than once. Employers must offer employees who test positive six months of rehabilitation. Employees can be fired if they refuse rehabilitation.

Can My Employer Terminate Me Without Reason Or Notice?

Tue, 29 May 2007 21:19:00 GMT

The Maine labor laws do not address hiring or firing practices. If there is no union agreement in effect, an employer may legally fire an employee without notice and without cause. An employer may not discriminate against an employee because of race, creed, color, national origin, sex, age, religion, or mental or physical handicap. An employee who feels illegal discrimination is involved should contact the Maine Human Rights Commission at 6246050.

Do I Need To Be Represented By An Attorney?

Tue, 29 May 2007 21:19:00 GMT

You have the right to hire an attorney to represent you at your hearing. However, most parties do not have an attorney or other representation at their appeal. The Hearing Officer will make sure all parties are given an opportunity to present their case. It is the hearing officer's job to make sure each party receives a fair and unbiased hearing, whether or not he/she chooses to have representation.

Does My Employer Have To Provide Break Periods?

Tue, 29 May 2007 21:19:00 GMT

In the absence of a collective bargaining agreement or other written employeremployee agreement providing otherwise, an employee may be employed for no more than 6 consecutive hours at one time unless he is given the opportunity to take at least 30 consecutive minutes of rest time, except in cases of emergency in which there is danger to property, life, public safety or public health. This applies to a business with three or more employees working at one time.

Does My Employer Have To Provide Me With Paid Vacation, Paid Holidays, Paid Sick Leave?

Tue, 29 May 2007 21:19:00 GMT

Employers are not required by law to provide paid holidays, sick leave, or vacation time.

How Do I Claim Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

Claim forms will be sent to you on a weekly basis which must be returned to continue receiving benefits. Weekly claims forms must be filed within 21 days of the date that the claim form is issued to you.

How Do I Know If I Am Liable For Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

To become liable for the payment of Maine Unemployment Tax, you must meet certain criteria. You must pay Maine unemployment tax if you have acquired a business, are liable to pay federal unemployment tax, or:

You are an employer that paid gross wages of $1,500 or more in a single calendar quarter, or employed one or more persons for some portion of a day in twenty different weeks in a calendar year.
You are a domestic employer that paid $1,000 in wages for domestic employment in any single calendar quarter.
You are a 501,(C),3 nonprofit employer that employed four or more persons in one day in twenty different weeks in a calendar year.
You are an agricultural employer that paid gross wages of $20,000 in any single calendar quarter, or employed ten or more persons in one day in twenty different weeks in a calendar year.

How Do I Qualify For Unemployment Insurance Benefits?

Fri, 27 Jun 2008 04:25:41 GMT

You must first establish monetary eligibility. This means that you must have adequate wages in your base period to establish eligibility. The base period is the first four of the last five completed calendar quarters immediately preceding the first day of your benefit year. They will use the last four completed quarters if you are not eligible using the regular base period quarters. You must have earned at least $1091.88 in two quarters and a total of at least $3275.64 in the base period.

The monetary requirement means only that you have sufficient qualifying weeks and wages. You must meet all of the nonmonetary eligibility requirements as well.

How Do I Register For An Employer Tax Account?

Tue, 29 May 2007 21:19:00 GMT

Complete the Employer Registration Form and submit it to the Bureau of Unemployment Tax Division. The Bureau will assign your business an employer account number and make a determination of unemployment tax liability.

How Long Will It Take To Get My First Unemployment Check?

Tue, 29 May 2007 21:19:00 GMT

The first valid week is a Waiting Period week and no check is payable for that week. It will take approximately 23 weeks from the date you first file a new claim to receive your first unemployment check.

How Will Earnings Affect My Benefits?

Tue, 29 May 2007 21:19:00 GMT

You must report all earnings from all jobs for the week the work was performed even if you were not paid that week. Your first $25.00 will not affect your unemployment check. Earning greater than $25.00 will be deducted from your benefits. If you earn more than $5.00 above your weekly benefit amount, you will not be eligible for benefits for that week.

Under certain conditions, termination or separation pay, vacation pay and pensions are deducted.

If I Am Determined To Be Liable, How And When Do I Pay My Taxes?

Mon, 04 Jun 2007 21:51:22 GMT

When you pay wages to employees, you submit a report each quarter that itemizes the wages paid to each employee. At this time, you will also submit payment of the state unemployment tax based on the taxable wages paid that quarter and the employer's tax rate.

To obtain reporting forms, click on the link below:

http://www.state.me.us/labor/uitax/unemployment_tax_forms.html

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

A work permit is required for anyone under 16. To get a work permit, the minor takes proof of age to his/her own superintendent of schools. The superintendent sends the application to the Wage and Hour Division of the Bureau of Labor Standards for approval. The minor cannot work until the permit is approved.

A separate work permit is required for each place of employment. Minors can have one active permit during the school year and two during the summer.

In order to apply for a work permit, the minor must be enrolled in school; not habitually truant or under suspension; and passing a majority of courses during the current grading period.

What Can I Do If I Am Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You have the right to appeal the denial of benefits to the Office of Administrative Hearings. You must file your appeal within 15 calendar days of the mailing date of the Deputy's Decision. There are several ways to request a hearing:

File your appeal online by clicking here .
Call Administrative Hearings at (207) 6245900.
Fill out the Appeal form on the back of your Deputy's Decision. Once you have done this, you may mail, fax, or hand deliver the form:

Maine Department of Labor
Division of Administrative Hearings
2 Anthony Avenue, Suite #1
Augusta, ME 043309477

Telephone: (207) 6245900
Fax: (207) 6245903
TTY: 18007941110 (Hearing Impaired)
EMail: Admin.Hearings@state.me.us

What Can I Do If I Disagree With The Decision Of The Hearing Officer?

Tue, 29 May 2007 21:19:00 GMT

If you do not agree with the decision of the Hearing Officer in your case, you can appeal that decision to the Unemployment Insurance Commission. The Commission may or may not grant you another hearing. The appeal must be filed within 15 days by writing to:

Unemployment Insurance Commission
40 Forest Falls Drive
Yarmouth, ME 04096

Telephone: (207) 8462000
Fax: (207) 8465216

What Can I Expect To Happen After The Hearing?

Tue, 29 May 2007 21:19:00 GMT

You will receive a written decision, by mail, from the Hearing Officer approximately 10 days after the hearing. This decision will either affirm, modify, or set aside the original deputy's decision. The claimant should continue to file their unemployment claim cards each week while awaiting the decision in their case.

What Is The Law Regarding Paydays?

Tue, 29 May 2007 21:19:00 GMT

Employers must pay wages to employees on an established day or date at regular intervals of no more than 16 days. Employees who leave a job must be paid in full within a reasonable time.

What Is The Weekly Benefit Amount?

Tue, 29 May 2007 21:19:00 GMT

The amount you earn determines the amount of unemployment benefits you can collect. In other words, the more you earn, the more you can collect. Your weekly benefit amount (WBA) is the benefit amount that you can receive for one week. Your weekly benefit amount is determined by dividing the average of the wages in the two highest quarters of your base period by 22.

The law establishes the maximum amount you may draw during your benefit year. This amount depends on your individual earnings and is limited to a maximum of 26 weeks. The maximum weekly benefit you can earn cannot exceed $283.00, but cannot be less than $49.00

What Posters Must Be Displayed?

Tue, 29 May 2007 21:19:00 GMT

The Maine Department of Labor Wage and Hour Division requires three posters Minimum Wage Summary, Labor Law Notice, and Whistleblower Protection. Employers can obtain copies of almost all State and Federal required posters free from Business Answers (18008723838). CLICK HERE for a list of required posters.

What is the minimum wage in Maine?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in Maine is currently $7.25 an hour. It will increase to $7.50 an hour on October 1, 2009. Tipped employees can be paid onehalf the minimum hourly wage. However, if this rate plus tips does not average at least the minimum wage, the employer must pay the difference.

When And Where Will My Hearing Occur?

Tue, 29 May 2007 21:19:00 GMT

The Notice of Appeals Hearing will notify you of the date, time, and location of the hearing about 10 to 7 days before it is to occur.

If your hearing is to take place by telephone it will be marked as a Telephone Hearing on the official Notice of Appeals Hearing. If your hearing will be by telephone, any documents or other similar types of evidence you would like to present must be mailed to the Division of Administrative Hearings in time to distribute it to the opposing party before the hearing.

Who Do I Contact With Questions About Workplace Discrimination?

Tue, 29 May 2007 21:19:00 GMT

For information on workplace discrimination, call the Maine Human Rights Commission at (207) 6246050 (TTY: (207) 6246064) or visit their website by clicking on the link below:

Maine Human Rights Commission

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