Client Alert: Portland Hazard Pay in Effect with State of Emergency Declared by Governor Janet Mills in Response to Recent Storm

By: Shiloh Theberge and Bill Wahrer

As some might recall, in 2020, Portland passed a referendum that raised the applicable minimum wage for Portland workers during a declared state of emergency.  The referendum applies to any employee working in-person at a physical workplace in Portland.

Under that referendum, the minimum wage is raised to $22.50 per hour and $11.25 for tipped employees. Today, January 11, 2024, Governor Mills declared a state of emergency in light of the recent storm that resulted in strong winds and flooding along the coast.

As a result, the temporary emergency wage levels are in effect and will continue until Governor Mills ends the state of emergency declaration.  At this time, it is unclear when that will be.  Employers who fail to comply with these temporary emergency wage levels are potentially liable for treble damages under Maine law.

For further legal counsel on this matter, we’re here to help. Contact Labor and Employment Attorneys Shiloh Theberge at stheberge@bernsteinshur.com or Bill Wahrer at wwahrer@bernsteinshur.com.