Maine break and exempt salary rules

Does Maine require a break? Yes: after 6 consecutive hours, a chance to take at least 30 consecutive minutes of rest time, unless an agreement provides otherwise or a small-workplace exception applies (26 M.R.S. 601).

30-minute break: 26 M.R.S. section 601

"an employee ... may be employed or permitted to work for no more than 6 consecutive hours at one time unless the employee is given the opportunity to take at least 30 consecutive minutes of rest time, except in cases of emergency in which there is danger to property, life, public safety or public health. This rest time may be used by the employee as unpaid mealtime, but only if the employee is completely relieved of duty."

A collective bargaining agreement or other written agreement can provide otherwise. The rule does not apply where fewer than 3 employees are on duty at one time and the work allows frequent shorter paid breaks.

Overtime: section 664(3)

1.5 times the regular hourly rate "for all hours actually worked in excess of 40 hours in that week." The regular rate "includes all earnings, bonuses, commissions and other compensation that is paid or due based on actual work performed" and excludes what 29 U.S.C. 207(e) excludes. Some automobile dealership jobs are exempt.

Exempt salary: section 663(3)(K)

Executive, administrative and professional staff are exempt only if their pay, as an annual rate, "exceeds 3000 times the State's 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." Maine's minimum wage rises each January 1 with a cost-of-living index (section 664(1)); check the Department of Labor's published rate for the current year and multiply by 3,000.

Not legal, tax or payroll advice. Read on October 27, 2026 on legislature.maine.gov.