Unpaid Wages / Unpaid Overtime

The minimum hourly wage in the State of Maine is $12.75, and $6.38 for direct service tipped employees (effective 1/1/2022).  Certain municipalities, like Portland and Bangor, have enacted additional regulations regarding the minimum hourly wage.  

Working “Off the Clock”

Employers are responsible for paying hourly employees for all of the time that they spend working. An employer who directs an employee to work “off the clock,” or is aware that an employee is working “off the clock,” may be violating state and federal wage/hour laws.  

In addition, unless specifically “exempted,” employees must receive overtime pay for all hours worked in excess of 40 in a given week.  The overtime rate is 1.5x the employee’s base wage.  

Is it Possible to Recover Wages?

If you believe you are being paid less than the state or local minimum wage, or if you are not being paid for all of the time that you spend working (regardless of whether it is regular pay or overtime), you may be able to recover those wages.  In addition, you may be entitled to recover additional amounts (equal to 2x the unpaid regular rate, or 1x the unpaid overtime rate), known as “liquidated damages.”  It is important to consult an attorney to determine whether you are owed payment for unpaid wages or overtime. 

Contact the Unpaid Wages lawyers at Clifford & Clifford to discuss your case.