Page 176 - An Indispensible Resource for Being a Credible Activist

or credit union shall not be liable for providing such an employment reference unless the
information provided is false and the financial institution providing the information does so
with knowledge and malice.

MAINE

Family issues. The State definition of “family medical leave” under State requirement for
such leave was amended. “Family medical leave” is now defined as leave requested by an
employee for (1) a serious health condition of the employee, (2) the birth of the employee’s
child, (3) the placement of a child 16 years or younger with the employee in connection with
the employee’s adoption of the child, or (4) a serious health condition of a child, a domes-
tic partner’s child, a parent’s domestic partner, or a sibling or spouse. The definition of “sib-
ling” was also clarified to mean “an employee’s sibling who is jointly responsible with the
employee for each other’s common welfare as evidenced by joint living arrangements and
joint financial arrangements.”
Human trafficking. The State Revised Statutes regarding human trafficking were
amended. A “human trafficking offense” is now defined as kidnapping or criminal restraint
when the crime involves either (1) restraining a person by destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or other immigration document,
or any other actual or purported government identification document, of the other person or
(2) using any scheme, plan, or pattern intended to cause a person to believe that if he or she
does not perform certain labor or services, including prostitution, then the person will suffer
serious harm or restraint. In addition, the amended statutes now allow a trafficked person to
bring a civil action for damages, compensatory damages, punitive damages, injunctive relief,
any combination of those conditions, or any other appropriate relief. A prevailing plaintiff also
is entitled to an award of attorneys’ fees and costs. Actions brought pursuant to this section
of the State statute must be commenced within ten years of the date on which the trafficked
person was freed from the trafficking situation. The statute of limitations is tolled for an
incompetent or minor plaintiff even if a guardian ad litem has been appointed. A defendant
is stopped from asserting a defense of the statute of limitations if the trafficked person did not
file before the expiration of the statute of limitations due to (1) conduct by the defendant
inducing the plaintiff to delay the filing of the action or preventing the plaintiff from filing the
action or (2) threats made by the defendant that caused duress to the plaintiff.
Minimum wage. Effective October 1, 2008, the State minimum hourly wage was
increased to $7.25 per hour. An additional increase, to $7.50 per hour, is scheduled for
October 1, 2009. On September 30, 2009, and on September 30 of each year thereafter, the
State Department of Labor shall calculate an adjusted minimum-wage rate to maintain
employee purchasing power. The adjusted minimum-wage rate must be calculated to the
nearest cent on the basis of the Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W) or a successor index, as calculated by the U.S. Department of Labor, for
the 12 months prior to each September 1. Each adjusted minimum-wage rate so calculated
takes effect January 1 of the next year. An employer may consider tips as part of the wages
of a service employee, but such a tip credit may not exceed $3.00 per hour. An employer is

CHAPTER 11 • Different Laws in Different States 159