CHAPTER 89
H.P. 673 - L.D. 963
An Act To Set Standards for Electronic Methods Used for Wage Payment
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §663, sub-§5, as amended by PL 1965, c. 410, §4, is further amended to read:
5. Wages. "Wages" paid to any employee includes compensation paid to such 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 such 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;
Sec. 2. 26 MRSA §665, sub-§1, as amended by PL 1971, c. 620, §13, is further amended to read:
1. Examination of records, books; copies. Every employer subject to this subchapter shall keep a true and accurate record of the hours worked by each employee and of the wages paid, such records to be preserved by the employer for a period of at least 3 years;, and shall furnish to each employee with each payment of wages a statement which shall that clearly show shows the date of the pay period, the hours, total earnings and itemized deductions. An employer making payment by direct deposit or other means of electronic transfer shall provide each employee with an accurate record of the transfer, including the date of the pay period, the hours, total earnings and itemized deductions, when the transfer is made. If the record is provided in an electronic format the employer shall provide a method by which the employee may have ready access to the information and print it without cost to the employee. The director or his the director's authorized representative may, and upon written complaint shall have authority to enter the place of business or employment of any employer or employees in the State, as defined in section 663, for the purpose of examining and inspecting such records; and copy any or all of such records as he or his the director or the director's authorized representative may deem determines necessary or appropriate. Any and all All information so received shall be is considered as confidential and shall may not be divulged to any other person or agency, except insofar as may be necessary for the enforcement of this subchapter.
Effective September 17, 2005.
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