How do you calculate overtime pay in Maine?

April 19th 2025

Calculating overtime in Maine follows a combination of federal and Maine overtime laws.

This article offers a clear overview of how overtime works in the state, including which laws apply, how to calculate overtime pay, and who qualifies for it. We’ll also cover key topics such as the regular rate of pay, the definition of a workweek, exemptions, and how overtime applies to different pay structures.

This Article Covers:

Understanding Overtime in Maine
Overtime for Hourly Rate, Two or More Hourly Rates, and Salaried Employees in Maine
Overtime for Complex Pay Structures in Maine
Additional Considerations for Maine Overtime

Understanding Overtime in Maine

Which Overtime Laws Apply in Maine?

Both state and federal overtime laws apply in Maine.

Generally, businesses in Maine that have an annual gross volume of sales of $500,000 or more are covered by the federal Fair Labor Standards Act (FLSA). 

Under this law, covered employees are entitled to an overtime rate of 1.5 times their regular pay rate for any hours worked beyond 40 in a workweek.

Other businesses such as hospitals, businesses providing medical or nursing care for residents, schools, and public agencies are still covered by the FLSA regardless of their volume of sales.

What is the Regular Rate of Pay in Maine?

The “regular rate” of pay in Maine refers to the hourly wage an employee earns for their standard, non-overtime workweek. It includes hourly wages, salaries, commissions, and certain bonuses, unless excluded by law.

To compute the regular rate of pay:

Regular Rate for the workweek = Total compensation in the workweek (except for statutory exclusions) ÷ Total hours worked in the workweek

How Do You Define a Workweek in Maine?

A workweek as defined by the FLSA, is a fixed period of seven consecutive days determined by the employer. If the employer does not set one, it automatically follows the calendar week, running from Sunday through Saturday.

Both public and private employers can let employees adjust their schedules within the same week to avoid overtime. For example, if a worker puts in 10 hours on Monday, they might work only 6 hours on Friday to stay within the 40-hour limit for that week.

How Much is Overtime Pay in Maine?

Overtime pay in Maine is calculated at 1.5 times the employee’s regular hourly rate.

Given the current state minimum hourly wage of $14.65, this would put the minimum overtime pay in Maine at $21.98 per overtime hour worked beyond 40 in a workweek.

Who is Eligible for Overtime Pay in Maine?

Most hourly employees in Maine are eligible for overtime pay, unless they are specifically exempted by state or federal laws.

Salaried employees can also be eligible for overtime pay in Maine if they fall within the specified salary threshold set by the FLSA.

Unless exempt, employees covered by Maine’s overtime statutes must be paid one and a half times their regular rate for any hours worked over 40 in a workweek.

Who is Exempt from Overtime Pay in Maine?

Employees who work in a “bona fide executive, administrative, or professional capacity” can be exempt from overtime pay. To be exempt, both Maine and federal law require employees to meet three conditions:

  • Salary Basis: The employee must be paid a fixed salary that does not change based on the number of hours worked each week.
  • Salary Threshold: The salary must meet a minimum amount. In Maine, this is set at $35,568 per year (or $684 per week) starting January 1, 2025.
  • Job Duties: The employee’s work must meet specific criteria depending on whether they fall under the executive, administrative, or professional exemption.

Other overtime exemptions under the FLSA include:

  • Aircraft salespeople
  • Airline employees
  • Amusement/recreational employees in national parks/forests/Wildlife Refuge System
  • Announcers, news editors, and chief engineers at major radio or TV stations
  • Babysitters on a casual basis
  • Boat salespeople
  • Buyers of agricultural products (poultry, egg, milk, etc.)
  • Companions for the elderly
  • Country elevator workers (rural)
  • Criminal investigators receiving availability pay
  • Domestic employees who live in
  • Domestic workers
  • Employees in national parks, amusement, or recreation facilities
  • Farm implement salespeople
  • Federal criminal investigators
  • Firefighters working in small (less than 5 firefighters) public fire departments
  • Fishing industry workers
  • Forestry employees of small (less than 9 employees) firms
  • Fruit & vegetable transportation employees
  • Government employees
  • Highly compensated employees earning at least $107,432 per year
  • Homeworkers making wreaths
  • House parents in non-profit educational institutions
  • Independent contractors (under specific conditions)
  • IT personnel earning at least $27.63 per hour
  • Livestock auction workers
  • Local delivery drivers and driver’s helpers
  • Lumber operations employees of small (less than 9 employees) firms
  • Motion picture theater employees
  • Newspaper delivery workers
  • Newspaper employees of limited circulation newspapers
  • Police officers working in small (less than 5 officers) public police departments
  • Radio station employees in small markets
  • Railroad employees
  • Seamen on American vessels
  • Seamen on other than American vessels
  • Sugar processing employees
  • Switchboard operators
  • Taxicab drivers
  • Television station employees in small markets
  • Truck and trailer salespeople
  • Volunteers in religious, non-profit, charitable, or educational organizations
  • Workers in maple syrup production
  • Youth employed as actors or performers
  • Youth employed by their parents

    Can Employers Mandate Overtime Work in Maine?

    Yes, employers in Maine can mandate overtime work. There are however certain limitations on overtime work which vary per industry.

    As per Maine overtime statutes, an employer may not require an employee to work beyond 80 hours in a consecutive 2 week period.

    Exceptions to this rule are as follows:

    • Emergency situations: Overtime may be required during a state-declared emergency.
    • Essential public services: Workers in essential services like utilities or snowplowing.
    • Public health or safety: Overtime is allowed for work critical to public health or safety outside normal business hours.
    • Seasonal employers: Employees working for seasonal employers may be exempt from overtime rules.
    • Medical interns and residents: Medical interns or residents in accredited programs.
    • Maintenance or repair work: Overtime is allowed during planned maintenance or machinery repair, with some limits.
    • Nurses: Nurses can refuse overtime beyond 12 hours unless required for patient safety, with at least 10 hours of off-duty time afterward.

    Overtime for Hourly Rate, Two or More Hourly Rates, and Salaried Employees in Maine

    How Do You Calculate Overtime for Hourly Employees in Maine?

    To understand overtime calculations for hourly employees in Maine, take the following example. 

    John is an hourly employee and earns $15 per hour. He has worked 47 hours in a specific week and is eligible to earn overtime pay. To determine his overtime wages, we can use the following steps:

    • Determine the regular rate of pay

    Since John earns $15.00 per hour, that would automatically be his regular rate of pay.
    • Calculate the overtime rate

    Multiply the regular pay rate by 1.5. John’s overtime rate would then be: ($15 x 1.5 = $22.50)
    • Identify overtime hours

    If John worked 47 hours in a week, his overtime hours would be seven: (47 hours – 40 hours = 7 overtime hours).
    • Calculate overtime pay

    Multiply the overtime hours by the overtime rate. From the example, John’s overtime pay would be a total of: (7 hours x $22.50 = $157.50).

    It’s important to note that the regular rate can change if the employee gets extra compensation or incentives during the week.

    Learn more about hourly employee rights in Maine.

    How Do You Calculate Overtime for Employees with Two or More Hourly Rates in Maine?

    To calculate overtime for an employee in Maine who has two or more hourly rates, you’ll first need to get their regular rate of pay. You can do so by adding up their total earnings for the week and divide that by their total hours worked.

    For example, if an employee earns $800 in a week from two different hourly jobs and works 47 hours, here’s how you calculate their overtime pay:

    • Determine the regular pay rate

    Divide weekly earnings by the total hours worked. ($800 ÷ 47 = $17.00 per hour).
    • Calculate the overtime rate

    Multiply the regular pay rate by 1.5 to get the overtime rate. Here, the regular rate is $17.00, the overtime rate would be: ($17.00 x 1.5 = $25.50).
    • Identify the overtime hours

    As the employee worked 47 hours, their overtime hours would be seven (47 hours – 40 hours = 7 overtime hours).
    • Calculate the overtime pay

    Multiply the overtime rate by the overtime hours. In this example, the overtime pay would be ($25.50 x 7 hours = $178.50).

    How Do You Calculate Overtime for Salaried Employees in Maine?

    To calculate the regular hourly rate for a salaried employee in Maine, divide their weekly salary by the number of weekly hours it covers.

    For example, if an employee earns $560 for a 35-hour week, their regular rate would be: ($560 ÷ 35 hours = $16.00). Overtime pay is 1.5 times this rate for hours over 40.

    For salaries covering longer periods, it’s best to convert them to a weekly equivalent. You can do so by using the following formulas:

    For Monthly Salary:

    (Monthly Salary x 12) ÷ 52 

    For Semimonthly Salary:

    (Semimonthly Salary x 24) ÷ 52 

    For example, a monthly salary of $2,800 (or a semimonthly salary of $1,400) for a 40-hour workweek would equate to an hourly rate of $16.15 per hour.

    Employers can also calculate the hourly rate by dividing the monthly salary by the number of workdays in the month and then by the hours in a typical workday. However, this rate must meet or exceed the minimum wage.

    Learn more about salaried employee rights in Maine.

    Overtime for Complex Pay Structures in Maine

    How Do You Calculate Overtime Pay for Piece Rate Employees in Maine?

    In Maine, if an employee is paid by the piece instead of by the hour, their regular hourly rate is calculated by adding up all their earnings for the week—including piece-rate pay, bonuses, and pay for waiting time—and then dividing that total by the number of hours they worked.

    For overtime, piece-rate workers are entitled to an extra half of their regular hourly rate for every hour worked beyond 40. This is in cases when the employee has already been paid their normal rate through piece work or other payments.

    For example, if an employee works 50 hours and earns $800 from piece work, their regular hourly rate would be $16.00 ($800 ÷ 50).

    For the 10 overtime hours, they get an extra $8.00 per hour, adding $80.00 to their total pay. Their final weekly earnings would then be:

    Total Regular Earnings + Overtime Pay = $880.00.

    How Do You Calculate Overtime for Flat Rate Employees in Maine?

    In Maine, a flat rate employee is paid a fixed amount to complete a specific task or job, regardless of the time it takes. In contrast, an hourly employee is paid based on the actual number of hours they work.

    For example, an employee earns $15.00 per hour for regular work and $22.50 per hour for overtime. If they are also paid a flat rate of $50.00 for completing a special task outside regular hours, this payment must be included in their total earnings when calculating overtime.

    Considering all that, if the employee works 46 hours in a week, their total earnings would amount to:

    Total Earnings =($15.00 x 40 Regular Working Hours) + ($22.50 x 6 Overtime Hours) + $50.00 Flat Rate for Special Task

    Total Earnings = $785.00

    Next, get the employee’s regular rate of pay by dividing the total weekly earnings by total weekly work hours.

    Regular Rate of Pay = $785 / 46 = $17.07

    To calculate overtime pay, the extra half-time rate is determined by dividing $17.07 by two, equaling $8.54 per overtime hour. Since the employee worked six overtime hours, they are owed an additional $51.24.

    Additional Considerations for Maine Overtime

    Can an Employee Choose Compensatory Time Instead of Overtime in Maine?

    Public agencies in Maine—like state or local governments—can offer compensatory time (“comp time”) instead of overtime pay, but only under specific rules.

    Comp time must be given at the same rate as overtime pay. Private employers, however, cannot use comp time and must pay cash overtime for hours over 40.

    Does Maine Include Paid Time Off in Overtime Calculations?

    No, Maine does not include paid time off—like holidays, vacations, or sick leave—when calculating overtime.

    Even if you’re paid for time off, those hours are not counted as “hours worked” under federal law. Only actual hours you work are used to figure out if you get overtime pay. Also, employers are not required to pay extra (like double time) for working on holidays, unless they choose to offer it.

    Important Cautionary Note

    This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.