City News Brief
Governor Mills declared a state of emergency in preparation for Hurricane Lee’s impending landfall
The City of Portland is alerting businesses and employees that hazard pay is in effect in Portland during the current State of Emergency declared by Governor Mills in advance of Hurricane Lee’s impending landfall. The Governor’s Proclamation of Emergency went into effect on the afternoon of Thursday, September 14 and will be in effect until the “danger has passed or the emergency conditions no longer exist.”
The Governor’s Proclamation of Emergency states that Hurricane Lee likely will cause “sustained high winds, pounding surf, and heavy rains” that could result in dangerous conditions that pose “an imminent threat to public safety as well as damage to public and private property.” The Proclamation authorizes the Maine Emergency Management Agency (MEMA) to activate and deploy all resources necessary to respond to the emergency.
Hazard Pay minimum wage is $21/hr. or $10.50/hr. (plus tips)
Because the Governor’s State of Emergency was declared under 37-B M.R.S. § Sec 742, the City’s hazard pay provision in the Minimum Wage ordinance is now in effect. Section 33.7 of the City Code states that minimum wage, which is currently ($14/hour) will be 1.5 times that rate ($21/hour) during states of emergency. The emergency minimum wage for tipped workers is $10.50/hour (plus tips). The emergency rate does not apply to employees working remotely under a teleworking arrangement.
The City of Portland is not able to provide legal guidance regarding payment of employees and any businesses with questions should consult their own attorney.