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Maine Payday

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Is there a law in Maine that a worker must be paid on payday?

Any employer who fails to pay on payday is breaking the law in most states.

So the answer to your question is yes. Now, the employer has the right to establish what day payday falls on. But once set, she or he must stand by it.

Failure to pay may violate both state and federal law.

The enforcing agency at the federal level is the Wage and Hour Division of the U.S. Department of Labor. Workers who have not been paid on payday should call 866-487-9243.

On the state level, the wage and hour division of the local department of labor is enforces the state law. The division’s name may vary from one state to another.

Essentially, by paying the worker nothing, the employer is violating the minimum wage law, whether federal or state. The law requires that workers be paid that minimum, which is currently $5.85 according to federal regulations. The law governing this is the Fair Labor Standards Act (FLSA) of 1938.

Federal law only applies to businesses earning $500,000 or more a year. However, it is applicable to any business engaged in interstate commerce. So a worker who participates in the manufacture of an item sold across state lines will be covered. So will any worker answering or making out-of-state phone calls, or even ordering products or handling mail from other states.

While the U.S. Labor Department will help collect unpaid wages or salaries, keep in mind that the law specifically applies to unpaid “minimum wage.” So the federal government won’t help collect unpaid money above the minimum wage that was promised by the employer.

In that case, the worker may have to either hire an attorney or take the employer to small claims court to collect the difference.

Some states have passed laws requiring employers to honor promised wages or salaries in excess of the minimum wage. They also require employers to pay promised benefits.

But again, in cases where no such state law exists, the worker may need to hire an attorney to force the employer to pay the difference. JH