As originally proposed, LD 398 would have ensured overtime pay and other labor protections for farmworkers in Maine. As finally amended, LD 398 would have simply required farmworkers in Maine to be paid the minimum wage and would have defined them as employees under the law, allowing them certain other basic rights, including an optional 30-minute break after six hours of work.
Farmworkers were left out of national labor laws over the last century, in large part because they are often people of color. Maine is one of just 19 states that hasn’t yet corrected this injustice when it comes to the application of minimum wage protections. Currently, many Maine farmworkers can legally be paid as little as $7.25 an hour, the federal minimum wage.
The bill passed in both the House and the Senate. It was amended at Governor Mills’ request to remove “concerted activity” rights, which would have protected farmworkers from being fired for discussing their working conditions and wages with one another. Despite this weakening of the bill and support and collaboration from the governor’s own staff, Mills vetoed the legislation.