The Portland, Maine, City Council has passed an increase in the minimum wage.
Service employees included. The minimum wage increases made under Order 297-14/15 apply to “service employees,” defined as employees “engaged in an occupation in which he or she customarily and regularly receives more than $30.00 a month or more in tips.” However, “tip” does not include service charges that are added to bills in banquet or private club settings by agreement between the customer and the employer.
Violations. The minimum wage requirements will be enforced by the Office of the City Manager (or his or her designee). After a complaint is filed, the City Manager may order relief for violations including, but not limited to, payment of back wages withheld and/or the payment of not less than $100.00 a day for each day that a violation occurred.
Private actions. Any employee, the City, or any person aggrieved by a violation of the ordinance may bring a civil action in court against the employer violations, including for wages owed. Any judgment rendered in favor of an employee in any action brought under the ordinance must include, in addition to wages found to be due and any penalties assessed, any and all costs of suit including reasonable attorney’s fees.
Other provisions. The ordinance also includes an anti-retaliation provision, as well as notice, posting, and recordkeeping requirements. Order 297-14/15. (City of Portland City Council Order 297-14/15, September 9, 2015.)
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