It is the State of Maine's policy to comply with the minimum wage and premium overtime compensation requirements of the federal Fair Labor Standards Act (FLSA) and Maine law. Ordinarily, employees in positions that are in classifications above Pay Grade 21 and are found “exempt” from the premium overtime compensation requirements of the FLSA and Maine Law are not eligible for overtime compensation based on additional hours worked beyond the standard 40 hours per week. However, there may be some circumstances when exempt employees are required to work excessive hours and may be compensated for these hours on an exception basis.


In instances where the employing agency can justify that overtime is required for specified exempt employees, that the overtime required is excessive, and that the overtime cannot be avoided (for example, by the use of flexible work schedules), the appointing authority may approve an exception.

Exceptions provide overtime compensation at the straight-time rate for all overtime hours actually worked.

Approved exceptions satisfy the following conditions:

  1. The overtime hours are excessive.
  2. The overtime hours are required of the exempt employee.
  3. The work to be completed cannot be done without scheduled overtime hours.
  4. Exceptions are documented and approved in advance of the overtime to be worked1. Appropriate documentation of exception requests and approvals must be maintained by the Human Resources office for the agency.

1It is understood that some exceptions are unforeseeable, such as natural disasters or military action. In these limited circumstances, retroactive exceptions may be approved, with appropriate justification maintained.

Bureau of Human Resources
January 22, 2016

Reference: Human Resources Memorandum 2-16