City Attorney’s Opinion On Raising Minimum Wage In Portland: It’s Legal But Risky

Portland Mayor Michael Brennan’s plan to create a citywide minimum wage is both constitutional and a cause for concern, according to a memo from the city’s top attorney. Corporation Counsel Danielle West-Chuhta wrote that the city has legal authority to create its own minimum wage that is higher than the state and federal minimums of $7.50 and $7.25 an hour, respectively, under the home-rule clause in the Maine Constitution. But West-Chuhta expressed other legal and practical concerns, including enforcement. “Overall, a local minimum wage ordinance would seem to pass muster under all of the legal tests described above,” she wrote.