WAGE AND HOUR DEMAND LETTER
State of Maine
Maine Minimum Wage Law / Wage Payment Law / FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Maine ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Maine Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Maine and Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 AND M.R. EVID. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Maine Minimum Wage Law, 26 M.R.S. Section 661 et seq., the Maine Wage Payment Law, 26 M.R.S. Section 621 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. MAINE-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Maine has comprehensive wage and hour protections that exceed federal law, including a higher minimum wage indexed to inflation and a 6-year statute of limitations.
Key Legal Framework:
| Category | Maine Requirement | Citation |
|---|---|---|
| Minimum Wage | $14.15/hour (2024; CPI-indexed) | 26 M.R.S. Section 664(1) |
| Overtime | 1.5x regular rate after 40 hours/week | 26 M.R.S. Section 664(3) |
| Tipped Minimum | 50% of minimum wage ($7.08 in 2024) | 26 M.R.S. Section 664(2) |
| Payment Frequency | At least every 16 days | 26 M.R.S. Section 621 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Maine Wage Claims | 6 years | 14 M.R.S. Section 752 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. Maine Wage Payment Requirements
Wage Payment Timing:
- 26 M.R.S. Section 621: Wages must be paid at regular intervals not exceeding 16 days
- 26 M.R.S. Section 626: Final wages due on the next regular payday or within 2 weeks after demand, whichever is earlier
- 26 M.R.S. Section 621-A: Employers must provide itemized wage statements
Payroll Deductions:
- 26 M.R.S. Section 629: Deductions permitted only with written authorization or as required by law
- Cannot deduct for cash shortages, inventory losses, or breakage unless proven willful or grossly negligent
- Deductions cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Maine Department of Labor, Wage and Hour Division
- File complaint: 54 State House Station, Augusta, ME 04333
- Phone: (207) 623-7900
- Administrative investigation and enforcement available
Private Right of Action:
- 26 M.R.S. Section 626-A: Private action for unpaid wages
- Double damages for willful violations
- FLSA: 29 U.S.C. Section 216(b) provides private right of action
E. Maine Penalty Provisions
| Remedy | Standard | Citation |
|---|---|---|
| Back Wages | Full unpaid amount | 26 M.R.S. Section 626-A |
| Double Damages | For willful violations | 26 M.R.S. Section 626-A |
| Attorney's Fees | Reasonable fees for prevailing plaintiff | 26 M.R.S. Section 626-A |
| Court Costs | Recoverable | 26 M.R.S. Section 626-A |
F. Tip Credit Rules (Maine)
| Requirement | Standard |
|---|---|
| Cash wage minimum | 50% of minimum wage ($7.08 in 2024) |
| Tip credit maximum | 50% of minimum wage ($7.07 in 2024) |
| Total must equal | $14.15/hour minimum (2024) |
| Notice required | Yes |
| Tip pooling | Restricted; no management/employer participation |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Maine. During this employment, [Company Short Name] violated Maine and federal wage laws by:
[ ] Failing to pay the Maine minimum wage of $14.15 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Failing to pay wages at regular intervals as required by 26 M.R.S. Section 621
[ ] Failing to pay final wages timely upon separation
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
[ ] Failing to provide itemized wage statements
These willful violations entitle our client to double damages under Maine law.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Maine] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Coverage Under Maine Law
Maine Minimum Wage Law Coverage:
26 M.R.S. Section 661 et seq. applies to all employers in Maine. [Company Short Name] is a covered employer.
Maine Wage Payment Law Coverage:
26 M.R.S. Section 621 et seq. applies to all employers. [Company Short Name] is a covered employer.
B. Minimum Wage Violation (26 M.R.S. Section 664(1))
Maine law requires covered employers to pay employees at least $14.15 per hour. By [describe violation], [Company Short Name] failed to pay our client the required minimum wage.
C. Overtime Violation (26 M.R.S. Section 664(3))
Maine law requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Wage Payment Violations (26 M.R.S. Section 621, 626)
[Company Short Name] violated Maine's Wage Payment Law by:
- [Failing to pay wages at regular intervals not exceeding 16 days]
- [Failing to pay final wages on next regular payday or within 2 weeks]
- [Making unauthorized deductions]
- [Failing to provide itemized wage statements]
E. Willfulness and Double Damages
[Company Short Name]'s violations were willful, entitling our client to double damages under 26 M.R.S. Section 626-A.
V. DAMAGES CALCULATION
A. Maine Law Damages
Relevant Period: [Date - 6 years prior] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Double Damages (Willful - 26 M.R.S. 626-A) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Class Action Exposure
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Double Damages | $[Amount] | [X employees] | $[Amount] |
| Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Double damages under Maine law
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] United States District Court for the District of Maine
[ ] Maine Superior Court, [County]
The Complaint will seek:
1. Unpaid minimum wages under 26 M.R.S. Section 664(1)
2. Unpaid overtime under 26 M.R.S. Section 664(3)
3. Wage payment violations under 26 M.R.S. Section 621 et seq.
4. Double damages under 26 M.R.S. Section 626-A
5. Attorney's fees and costs
6. Class certification under Maine Rules of Civil Procedure / FLSA collective action
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior Maine DOL investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and Maine Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Maine Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
MAINE-SPECIFIC PRACTICE NOTES
[ ] Higher Minimum Wage: Maine's $14.15 minimum wage (2024) significantly exceeds federal; CPI-indexed for annual adjustments
[ ] Long Statute of Limitations: Maine has 6-year statute of limitations for wage claims - much longer than FLSA's 2-3 years
[ ] State Overtime Law: Maine has its own overtime statute (26 M.R.S. Section 664(3))
[ ] Double Damages: 26 M.R.S. Section 626-A provides double damages for willful violations
[ ] 16-Day Payment Rule: Wages must be paid at least every 16 days (26 M.R.S. Section 621)
[ ] Active State Enforcement: Maine DOL Wage and Hour Division actively investigates complaints
[ ] Federal Court: Single federal district for Maine
- U.S. District Court for the District of Maine (Portland, Bangor)
[ ] State Courts: Maine Superior Courts in each county
[ ] Maine DOL Contact: Bureau of Labor Standards, Wage and Hour Division
- Address: 54 State House Station, Augusta, ME 04333
- Phone: (207) 623-7900
- Website: maine.gov/labor
[ ] Earned Paid Leave: Maine's Earned Paid Leave law (26 M.R.S. Section 637) may provide additional claims