Maine - Workers’ Rights

Definition of agricultural worker under state law:

For Maine’s workers’ compensation law, “agriculture” is defined at Me. Rev. Stat. 39A §102.
For Maine’s unemployment compensation laws, “agricultural labor” is defined at Me. Rev. Stat. tit. 26, § 1043.

Under Maine’s minimum wage law, agricultural workers are generally exempted from the state definition of “employee”, except for individuals who perform services for or on a farm with over 300,000 laying birds (Me. Rev. Stat. 26 §663(3)(A))

Maine has a state minimum wage law. (26 M.R.S. § 661)
Effective Jan. 1, 2023, through Dec. 31, 2023, Maine’s hourly minimum wage is $13.80.
Different minimum rates apply for tipped workers and for specific geographic areas.
Annual indexing began on January 1, 2021. The minimum wage will increase according to the cost of living based on the CPI-W, for the Northeast region. (26 M.R.S. § 664).
Agricultural workers are exempted the from state’s definition of employee under minimum wage laws. “Any individual employed in agriculture as defined in the Maine Employment Security Law and the Federal Unemployment Insurance Tax Law, except when that individual performs services for or on a farm with over 300,000 laying birds.” ( ME. REV. STAT. ANN. tit. 26, § 663(3)(A))

Maine has a state law regarding overtime pay. (ME. REV. STAT. ANN. tit. 26, § 664(3)).
Agricultural workers are exempted from the state’s definition of employee for purposes of the overtime law, as with the minimum wage law. (ME. REV. STAT. ANN. tit. 26, § 663(3)(A))
Additionally, the overtime provision does not apply to the canning; processing; preserving; freezing; drying; marketing; storing; packing for shipment; or distributing of: (1) Agricultural produce; (2) Meat and fish products; and (3) Perishable foods. (ME. REV. STAT. ANN. tit. 26, § 664(3)(F))
The only agricultural workers entitled to overtime are those who are directly or indirectly employed for an egg processing facility that has 300,000 laying birds. (ME. REV. STAT. ANN. tit. 26, §§ 663(3)(A), 664(3)(F))

State of Maine Department of Labor, Wage and Hour Division
Website: https://www.maine.gov/labor/labor_laws/overtime.html

Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. Employers must provide workers’ compensation, but limits coverage to certain classifications of agricultural employers or workers. (Me. Rev. Stat. Ann. tit. 39-A § 101, Me. Rev. Stat. Ann. tit. 39-A § 401(1)(B) and (C))

State Enforcement Agency:
State of Maine Workers’ Compensation Board

Maine has a state law regarding field sanitation. (26 M.R.S. §§ 580 – 581 and Me. Code R. Ch. 365)

State Enforcement Agency:
Maine Department of Labor

Maine has a state law regarding pesticide safety in agriculture. (7 M.R.S. §§ 601-625)
Suspected pesticide poisoning is a reportable illness for health care providers.
Pesticide exposure has to be reported by physicians or health professionals within 30 days of diagnosis or from discharge from the hospital. (Me. Rev. Stat. 22 §1493)

State Enforcement Agency:
Maine Center for Disease Control and Prevention

There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or the right to engage in collective bargaining with their employers.
There is no state statute that grants agricultural workers the right to join and organize labor unions free from retaliation (such as being fired, demoted or disciplined) or to engage in collective bargaining with agricultural employers.

Pine Tree Legal Assistance, Inc.
http://www.ptla.org