Emergency Declaration Trigger's Portland's Emergency Minimum Wage

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Yesterday, Maine Governor Janet Mills preemptively declared a state of emergency because of the approaching storm, known as Hurricane Lee.

While the storm’s projected impacts on Portland are uncertain, there is a clear and immediate financial impact on Portland employers – any employer with employees working in Portland must now pay those employees Portland’s so-called “hazard pay” minimum wage.

This minimum wage adds a 50% premium to the current minimum wage of $14 per hour. Therefore, starting yesterday (Sept. 14) and continuing until the day after the state of emergency is removed, the minimum wage for these employees is $21 per hour. For service workers, the tipped minimum wage is $10.50.

This emergency declaration is highly likely to be short-lived, but employers with employees subject to the emergency minimum wage should make sure to pay it to avoid potential liability for treble (triple) damages.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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