Sec. 1. 26 MRSA §664, sub-§3, ¶E, as enacted by PL 1995, c. 305, §1, is amended to read:

E. Restaurants and other eating establishments; and

Sec. 2. 26 MRSA §664, sub-§3, ¶F, as amended by PL 1997, c. 136, §1, is further amended to read:

F. The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:

(1) Agricultural produce;

(2) Meat and fish products; and

(3) Perishable foods.

Individuals employed, directly or indirectly, for or at an egg processing facility that has over 300,000 laying birds must be paid overtime in accordance with this subsection. ; and

Sec. 3. 26 MRSA §664, sub-§3, ¶G is enacted to read:

G.__Any employee of a business engaged in the transportation of persons or goods exempted from the overtime provision of the federal Fair Labor Standards Act of 1938, as amended, 29 United States Code, Section 213 (b)(1), (2), (3) and (6).

Sec. 4. Retroactivity. This Act is retroactive to January 1, 1995.

SUMMARY

This bill clarifies that the federal practice of exempting most common carriers from the payment of overtime to their employees also applies to the Maine overtime law. It makes this clarification retroactive to January 1, 1995.