Title 26, Title 26

It is unlawful for an employer to assess a fee or charge a prospective employee in any fashion for requesting, submitting, filing or completing an application for employment with that employer. Any employer who violates this section shall be liable to a penalty of not more than $…

1. Legislative findings. The Legislature finds that: A. The practice of receiving applicants for employment, conducting interviews of job applicants or performing medical examinations of job applicants at the worksite of an employer who is currently engaged in a labor dispute wit…

An employee who is temporarily laid off by an employer for over 6 weeks and who is placed on a "recall" or "spare" list by that employer for the purpose of being recalled to work shall have 7 days from receiving notice of a recall to work in which to respond to the notice without…

An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of that employment or otherwise discriminate against any person with respect to the person's comp…

An employer who discloses information about a former employee's job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclo…

Except as required by federal law, beginning January 1, 2020, an employer may not request a social security number from a prospective employee on an employment application or during the application process for employment except for the purposes of substance use testing under subc…

1. Definition. As used in this section, unless the context otherwise indicates, "broadcasting industry contract" means an employment contract between a person and a legal entity that owns one or more television stations or networks or one or more radio stations or networks. 2. Pr…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Federal poverty level" means the nonfarm income official poverty line for an individual, as defined by the federal Office of Management and Budget…

1. Definition. For purposes of this section, "restrictive employment agreement" means an agreement that: A. Is between 2 or more employers, including through a franchise agreement or a contractor and subcontractor agreement; and [PL 2019, c. 513, §1 (NEW).] B. Prohibits or restri…

1. Employer defined. As used in this section, unless the context otherwise indicates, "employer" has the same meaning as in section 615, subsection 3. 2. Certain preemployment and employment agreements prohibited. An employer may not require an employee, intern or applicant for e…

1. Firearms in vehicles. An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not vi…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Criminal history record information" has the same meaning as in Title 16, section 703, subsection 3. [PL 2021, c. 404, §1 (NEW).] B. "Employer" me…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to chan…

In the absence of a collective bargaining agreement or other written employer-employee agreement providing otherwise, an employee, as defined in section 663, may be employed or permitted to work for no more than 6 consecutive hours at one time unless the employee is given the opp…

The following provisions govern the enforcement of this subchapter. [PL 1985, c. 212 (NEW).] 1. Violation. Any employer who violates this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 for each violation may be adjudged. 2. Di…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employer" means all private and public employers, including the State and political subdivisions of the State. [PL 1999, c. 750, §1 (NEW).] B. "Ov…

An employer, as defined in section 603, subsection 1, paragraph A, shall provide adequate unpaid break time or permit an employee to use paid break time or meal time each day to express breast milk for the employee's nursing child for up to 3 years following childbirth. The emplo…

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 623, §1 (NEW).] 1. Employment agency. "Employment agency" means a person who conducts a full-time or part-time service for the purpose of procuring or…

1. Placement fee. The placement fee charged to an applicant for employment by an employment agency shall not exceed the equivalent of the first full week's gross wages. This fee shall be in full compensation for all services of the employment agency. If for any reason employment …

This subchapter may not be construed to prevent a municipality from acting under its home rule authority granted by Title 30‑A, section 3001 and by the Constitution of Maine, Article VIII, Part Second, to license or regulate the business of employment agencies or to require a bon…

1. Violation. Any employment agency which violates this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 for each violation may be adjudged. 2. Civil action. An action may be brought by the injured party, the Attorney General, t…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 343, Pt. B, §1 (NEW).] 1. Applicant. "Applicant" means an applicant for employment. 2. Employee. "Employee" means an individual who provides services …

An employer may not: [PL 2015, c. 343, Pt. B, §1 (NEW).] 1. Passwords. Require or coerce an employee or applicant to disclose, or request that an employee or applicant disclose, the password or any other means for accessing a personal social media account; 2. Access in presence. …

1. Publicly available information. This subchapter does not apply to information about an applicant or employee that is publicly available. 2. Duty to screen or supervise. This subchapter does not prohibit or restrict an employer from complying with a duty to screen employees or …

This subchapter does not limit an employer's right to promulgate and maintain lawful workplace policies governing the use of the employer's electronic equipment, including a requirement that an employee disclose to the employer the employee's user name, password or other informat…

An employer who violates this subchapter is subject to a fine imposed by the Department of Labor of not less than $100 for the first violation, not less than $250 for the 2nd violation and not less than $500 for each subsequent violation.

An employer that takes action intended to prevent or penalize a person from exercising rights protected under this chapter commits a civil violation for which a fine of not less than $500 nor more than $1,000 for each violation may be adjudged, in addition to any other remedy ava…

1. Minimum frequency and full payment. At regular intervals not to exceed 16 days, every employer must pay in full all wages earned by each employee, except members of the family of the employer and salaried employees. Each payment must include all wages earned to within 8 days o…

Every employer shall keep a true record showing the date and amount paid to each employee pursuant to section 621‑A. Every employer shall keep a daily record of the time worked by each such employee, except salaried employees as described in section 663, subsection 3, paragraph K…

Sections 621‑A and 622 do not apply to an employee of a limited liability partnership and do not apply to an employee of an S corporation or a cooperative corporation or association if the employee is a stockholder of the corporation or association, unless the employee requests t…

Any person, firm or corporation engaged in any manufacturing or mechanical business may contract with adult or minor employees to give one week's notice of intention on such employee's part to quit such employment under a penalty of forfeiture of one week's wages. In such case, t…

1. Definitions. As used in this section, unless the context otherwise indicates, the following words have the following meanings. A. "Covered establishment" means any facility or part thereof that employs or has employed at any time in the preceding 12-month period 100 or more pe…

An employee leaving employment must be paid in full no later than the employee's next established payday. Any overcompensation may be withheld if authorized under section 635 and any loan or advance against future earnings or wages may be deducted if evidenced by a statement in w…

Whoever violates any of the provisions of section 600‑A, sections 621‑A to 623 or section 626, 628, 628‑A, 629, 629‑B or 639‑A is subject to a fine of not less than $100 nor more than $500 for each violation. [PL 2025, c. 418, §1 (AMD).] Any employer is liable to the employee or …

An assignment of wages is not valid against any other person than the parties to the assignment unless the assignment is recorded by the clerk in the office of the Secretary of State. An assignment of wages may not be valid against the employer unless the employer has actual noti…

This section may be known and cited as "the Maine Equal Pay Law." [PL 2023, c. 266, §1 (NEW).] An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the …

1. Legislative findings and intent. The Legislature finds that despite requirements regarding equal pay having been a part of the laws of Maine since 1965, wage inequality is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens and to the economy…

1. Work without compensation; return of compensation. A person, firm or corporation may not require or permit any person as a condition of securing or retaining employment to work without monetary compensation or when having an agreement, oral, written or implied, that a part of …

Whenever a person ceases to be employed because of the insolvency of that person's employer, and claims from the employer wages earned but not yet paid to that person, the term "wages earned" includes all fringe benefits earned by the employee that were considered in the employme…

1. Application. This section applies to health benefit plans that an employer provides or agrees to provide to the employer's employees. It does not apply to employee health benefit plans separately provided by any employee organization or bargaining agent, regardless of any fina…

An employer shall, upon written request of the affected employee, give that employee the written reasons for the termination of that person's employment. An employer who fails to satisfy this request within 15 days of receiving it may be subject to a forfeiture of not less than $…

The employer shall, upon written request from an employee or former employee, provide the employee, former employee or duly authorized representative with an opportunity to review and copy the employee's personnel file if the employer has a personnel file for that employee. The r…

1. Fund established. There is established the Maine Wage Assurance Fund to be used by the Bureau of Labor Standards within the Department of Labor for the purpose of assuring that all former employees of employers within the State receive payment for wages and liquidated damages,…

1. Fund established. The Wage Recovery Fund is established as a nonlapsing fund within the bureau. The purpose of the fund is to facilitate payments related to unpaid wages, unpaid health benefits, liquidated damages or interest owed to employees or former employees of an employe…

1. Wage statement. A railroad corporation in the State shall furnish each employee of that corporation with a statement with every payment of wages to that employee, listing accrued total earnings and taxes to date, and further furnish that employee at the same time with a separa…

1. Employer's duty. During a strike, an employer may not cancel any policy of group health insurance issued pursuant to Title 24‑A, section 2804 until the employer has first notified insured members that the policy is to be canceled. 2. Notice. The notice requirement contained in…