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Abstract

Agricultural work is some of the most dangerous and grueling work there is, but you wouldn't know that from the way Maine's wage and hours laws have treated agricultural workers, both historically and today. Until 2025, farmworkers were not entitled to Maine minimum wage and were guaranteed only the significantly lower federal minimum wage. The Maine State Legislature decided that agricultural workers deserved more and passed a law during the first session of the 132nd Legislature that required agricultural workers to be paid Maine minimum wage. However, agricultural workers remain statutorily exempt from the definition of "employee" and therefore still are not entitled to receive overtime pay. The topics of agricultural workers receiving Maine minimum wage and overtime compensation have both proven to be divisive amongst legislators and constituents across the state. The farming industry in Maine is in a delicate place, and many farm owners and advocates have argued that requiring farm owners to pay their workers more could be detrimental to the industry as a whole. Until recently, both New York and Washington State had similar exemptions for agricultural workers that prevented them from being paid overtime rates. Both states used a transitional approach that allowed agricultural workers to receive overtime pay through a period of incremental increases that extended over several years. A similar approach could likely be successful in Maine. This Comment argues that public policy requires that agricultural workers receive the same protections as "employees" under Maine law, which would include guaranteeing that they be paid overtime rates in addition to Maine minimum wage. Next, it summarizes Maine law, past failed reform efforts, and the 2025 change that extended Maine minimum wage to agricultural workers. Then, the Comment examines how two other states, Washington and New York, amended their laws to provide agricultural workers with state minimum wage and overtime pay, and how Maine could use these states as a model moving forward. Finally, the Comment explains what steps Maine can take to ensure agricultural workers receive overtime pay in the future.

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