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Maine Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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Maine has adopted a uniform definition of an independent contractor for purposes of determining coverage under the workers' compensation law and the unemployment compensation law that is effective December 31, 2012 (ME Rev. Stat. Tit. 39-A Sec. 102 andME Rev. Stat. Tit. 26 Sec. 1043 ). An individual who performs services for remuneration is considered to be an employee unless it is shown that the individual is free from the essential direction and control of the employing unit, both under the individual's contract of service and in fact, and the employer proves that the individual passes a two-stage test in which all five of the criteria of the first stage are met and at least three of the seven criteria of the second stage are met.
The five criteria of the first stage of the test, which all must be met, include:
• The individual has the essential right to control the work that is done except for final results;
• The individual is customarily engaged in an independently established trade, occupation, profession, or business;
• The individual has the opportunity for profit and loss as a result of the services being performed;
• The individual hires and pays his or her ...

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Maine Independent Contractors Resources

Independent Contractors Products

Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court""
Exempt or Nonexempt Webinar Recording
BLR Webinar: "Exempt or Nonexempt? Determining Employee Classification and Overtime Compensation""
Exempt vs. Nonexempt Webinar Recording
BLR Webinar: "Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes""
Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call""
Exemption Audits Webinar Recording
BLR Webinar: "Exemption Audits: Prepare Now for Stepped-Up DOL Enforcement""
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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