Maine Overtime State Law 2026
As of January 1, 2025, Maine has implemented updated wage thresholds that directly affect overtime eligibility and pay. The state minimum wage increased to $14.65/hour, up from $14.15/hour in 2024. For tipped employees, the minimum hourly cash wage remains $7.33, with the combined total of wages and tips required to meet or exceed the standard minimum wage.
Additionally, the salary threshold for exempt employees (executive, administrative, and professional roles) rose to $845.21 per week, or $43,951 annually.
These changes mean more employees are covered by overtime rules, especially salaried workers who were previously above the federal threshold but below the new Maine standard. Employers must carefully reassess classifications to ensure compliance.
The table below summarises the 2025 updates most relevant to overtime calculations:
| Change Area | 2025 Update / Detail |
| State Minimum Wage | $14.65/hour for most employees. |
| Service/Tipped Minimum | $7.33/hour base pay; tips must bring total to at least $14.65/hour. |
| Exempt Salary Threshold | $845.21/week ($43,951/year) required for EAP exemptions. |
| Exemption Criteria | Salary basis + salary threshold + duties test. |
| Statutory Authority | Governed by Title 26 § 603 of Maine Statutes and Department of Labor rules. |
In practice, these changes expand overtime protections. For example, an assistant manager making $42,000 annually in 2024 may have been considered exempt under federal standards, but in 2025, that worker now falls below Maine’s higher exemption threshold and must receive overtime pay if they work more than 40 hours in a week.
Overview of Maine Overtime Laws
Maine overtime law is rooted in both federal Fair Labor Standards Act (FLSA) requirements and state-specific statutes. While the federal government sets a baseline, Maine has gone further by raising exemption salary thresholds above the federal level.
Key points in 2026:
- Weekly Overtime Requirement: Overtime pay is due at 1.5× the regular rate of pay for any hours worked over 40 in a workweek.
- No Daily Overtime: Unlike some states that require overtime after 8 or 12 hours in a day, Maine bases overtime strictly on weekly totals.
- Higher Exemption Threshold: With a threshold of $845.21/week, Maine ensures more salaried employees are covered than under federal law ($684/week).
- All Employers Covered: There is no small-employer carveout in Maine — every employer must comply with wage and hour laws.
This framework provides broader protections for employees in lower and mid-range salaried positions, especially in industries like retail, hospitality, and healthcare.
Eligibility for Overtime
Non-Exempt Employees
Most employees in Maine fall into this category. They must be paid overtime for any hours over 40 per week. This includes hourly workers, tipped staff, and most salaried employees below the $845.21/week threshold.
Exempt Employees
To be exempt, an employee must meet three tests:
- Salary Basis Test – Paid on a salary rather than hourly basis.
- Salary Threshold Test – Must earn at least $845.21/week in 2025.
- Duties Test – Job duties must be executive, administrative, or professional in nature.
Failing any of these tests makes the employee non-exempt and therefore eligible for overtime.
Tipped Employees
Tipped workers (e.g., restaurant servers) must earn at least $7.33/hour in direct wages. When tips are added, their total pay must equal at least $14.65/hour. Overtime for tipped workers is based on the full minimum wage, not just the base wage.
Special Cases
- Outside salespersons are exempt if their duties meet state definitions.
- Certain computer professionals may be exempt if paid appropriately on a salary or fee basis.
- Farmworkers and seasonal employees may be exempt in limited circumstances defined by statute.
Maine vs. Federal Overtime Rules
Maine’s overtime law adds protections beyond the federal FLSA. Employers must apply whichever standard benefits the employee most.
| Aspect | Federal (FLSA) | Maine State Law (2025) |
| Minimum Wage | $7.25/hour | $14.65/hour |
| Weekly Overtime | Over 40 hours | Over 40 hours |
| Daily Overtime | No | No |
| Exempt Salary Threshold | $684/week ($35,568/year) | $845.21/week ($43,951/year) |
| Tipped Minimum | $2.13/hour cash wage | $7.33/hour cash wage |
This means a salaried employee making $40,000 annually would be exempt under federal law but non-exempt in Maine, thus entitled to overtime.
Exemptions in Maine
Maine recognises exemptions for:
- Executive employees – Primarily manage the enterprise, supervise at least two employees, and exercise independent judgment.
- Administrative employees – Perform office or non-manual work directly related to management or general business operations.
- Professional employees – Work requiring advanced knowledge, such as lawyers, doctors, or teachers.
- Outside salespersons – Work primarily outside the employer’s place of business, making sales.
- Certain computer professionals – If compensated at or above the threshold and performing qualifying duties.
Importantly, job title alone is not sufficient. The duties and salary test must both be met.
Employer Obligations and Employee Rights
Employers in Maine must:
- Correctly classify employees as exempt or non-exempt.
- Pay overtime at 1.5× the regular rate for non-exempt employees working more than 40 hours/week.
- Keep accurate records of hours worked, pay rates, and classifications.
- Provide employees with wage statements showing hours and pay.
Employees have the right to:
- Receive timely overtime pay (included in the next regular paycheck).
- File complaints with the Maine Department of Labor if overtime is withheld.
- Protection from retaliation for asserting their rights.
Non-compliance can result in back wages owed, liquidated damages, civil penalties, and attorneys’ fees.
Got questions?
In Maine, the overtime threshold is 40 hours in a workweek. Any hours worked beyond this limit must be compensated at 1.5 times the employee’s regular rate of pay. This threshold applies to most non-exempt workers, including hourly, tipped, and lower-salaried employees.
No. Maine does not require daily overtime, meaning employees who work long shifts of 10 or 12 hours in a single day are not automatically entitled to overtime unless their total weekly hours exceed 40. This is different from some states that mandate overtime after a set number of daily hours.
Employees may be exempt if they qualify under the executive, administrative, or professional (EAP) exemptions, provided they are paid at least $845.21 per week in 2025 and meet the duties test. Other exempt groups include outside salespersons, certain computer professionals, and some seasonal or agricultural workers as defined by Maine law.
For salaried employees who are non-exempt, overtime is based on their regular hourly rate, which is determined by dividing weekly salary by total hours worked. If they work more than 40 hours, overtime must be paid at 1.5 times this calculated rate. For example, if a salaried employee earns $850 for a 40-hour week, their regular rate is $21.25/hour. If they work 45 hours, they must be paid overtime at $31.88/hour for the extra 5 hours.
Agricultural workers in Maine are partially exempt from overtime. Some farmworkers may not qualify for overtime depending on the size of the farm, the type of work performed, and other conditions set by law. However, they are still covered by minimum wage protections unless exempted specifically.