§ 26 §663 — Definitions

Terms used in this subchapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context:
1.
Director.
"Director," the Director of the Bureau of Labor Standards;
2.
Employ.
"Employ," to suffer or permit to work;
3.
Employee.
"Employee," any individual employed or permitted to work by an employer but the following individuals shall be exempt from this subchapter:
4.
Occupation.
"Occupation," an industry, trade or business or branch thereof or class of work therein in which workers are gainfully employed;
5.
Wages.
"Wages" paid to any employee includes compensation paid to the employee in the form of legal tender of the United States and checks on banks convertible into cash on demand and includes the reasonable cost to the employer who furnishes the employee board or lodging. "Wages" also includes compensation paid through a direct deposit system, automated teller machine card or other means of electronic transfer as long as the employee either can make an initial withdrawal of the entire net pay without additional cost to the employee or the employee can choose another means of payment that involves no additional cost to the employee;
6.
Resort establishment.
7.
Minimum wage for firefighters.
Members of municipal firefighting departments, other than volunteer or call-departments, who are paid salaries or regular wages are deemed to be employees within the meaning of this section and are covered by this subchapter. Firefighters' wages may be paid by the municipality based upon the average number of hours worked during any one work cycle, which may not exceed 12 weeks in duration. However, 1 1/2 times the hourly rate may not be paid for all work done over 48 hours under this subsection;
8.
Service employee.
"Service employee" means any employee engaged in an occupation in which the employee customarily and regularly receives more than:
9.
Hotel.
10.
Public employees.
"Public employees" are considered employees within the meaning of this section and include any person whose wages are paid by a state or local public employer, including the State, a county, a municipality, the University of Maine System, a school administrative unit and any other political body or its political or administrative subdivision. "Public employee" does not include any officer or official elected by popular vote or appointed to office pursuant to law for a specified term or any person defined in subsection 7.
11.
Automobile salesperson.
"Automobile salesperson" means a person who is primarily engaged in selling automobiles or trucks as an employee of an establishment primarily engaged in the business of selling these vehicles to the ultimate purchaser. "Automobile salesperson" includes a person who is primarily engaged in assisting in the financing and providing of insurance products to the ultimate purchaser.
12.
Automobile mechanic.
"Automobile mechanic" means a person who is primarily engaged in the servicing of automobiles or trucks as an employee of an establishment primarily engaged in the business of selling automobiles or trucks to the ultimate purchaser, as long as the person's annual compensation exceeds 3,000 times the state minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher, except when the employee is paid by the employer on an hourly basis.
13.
Automobile parts clerk.
"Automobile parts clerk" means a person employed for the purpose of and primarily engaged in requisitioning, stocking and dispensing automobile parts as an employee of an establishment primarily engaged in the business of selling automobiles or trucks to the ultimate purchaser, as long as the person's annual compensation exceeds 3,000 times the state minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher, except when the employee is paid by the employer on an hourly basis.
14.
Automobile service writer.
"Automobile service writer" means a person employed for the purpose of and primarily engaged in receiving, analyzing and referencing requests for service, repair or analysis of motor vehicles as an employee of an establishment primarily engaged in the business of selling automobiles or trucks to the ultimate purchaser, as long as the person's annual compensation exceeds 3,000 times the state minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher, except that "automobile service writer" does not include an employee who is paid by the employer on a hourly basis.
15.
Tip.
"Tip" means a sum presented by a customer in recognition of services performed by one or more service employees, including a charge automatically included in the customer's bill. "Tip" does not include a service charge added to a customer's bill in a banquet or private club setting by agreement between the customer and employer.

Legislative History

PL 1965, c. 399, §§1,2 (AMD). PL 1965, c. 410, §§2-4 (AMD). PL 1967, c. 385 (AMD). PL 1967, c. 466, §§1-4 (AMD). PL 1971, c. 620, §13 (AMD). PL 1971, c. 622, §87 (AMD). PL 1973, c. 504 (AMD). PL 1975, c. 48 (AMD). PL 1975, c. 59, §3 (AMD). PL 1975, c. 92, §3 (AMD). PL 1975, c. 623, §38 (AMD). PL 1975, c. 717, §5 (AMD). PL 1979, c. 516, §§1,2 (AMD). PL 1981, c. 168, §26 (AMD). PL 1981, c. 276 (AMD). PL 1985, c. 76, §1 (AMD). PL 1985, c. 779, §69 (AMD). PL 1991, c. 507, §1 (AMD). PL 1999, c. 465, §7 (AMD). PL 2005, c. 89, §1 (AMD). PL 2005, c. 255, §1 (AMD). PL 2007, c. 22, §§1, 2 (AMD). PL 2007, c. 360, §§1-4 (AMD). PL 2007, c. 367, §1 (AMD). PL 2007, c. 640, §§2, 3 (AMD). PL 2009, c. 120, §1 (AMD). PL 2009, c. 211, Pt. B, §22 (AMD). PL 2009, c. 529, §§1-3 (AMD). PL 2011, c. 118, §§1, 2 (AMD). PL 2013, c. 133, §20 (AMD). PL 2017, c. 219, §§13, 14 (AMD). PL 2021, c. 288, §1 (AMD). RR 2023, c. 2, Pt. E, §23 (COR).