26 M.R.S. § 850-R — ME Code / Title 26 / Chapter 7 / Section 850-R
26 §850-R. Effect of existing employer benefits for family and medical leave
Status: in_force

This subchapter may not be construed to prohibit an employee entitled to receive benefits for family leave or medical leave under a collective bargaining agreement or employer policy from also receiving benefits under this subchapter as long as the employee is otherwise eligible for benefits under this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 3401 — ME Code / Title 26 / Chapter 41 / Section 3401
26 §3401. Short title (REALLOCATED FROM TITLE 26, SECTION 3301)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 3301)

This chapter may be known and cited as "the Employment First Maine Act." [RR 2013, c. 1, §44 (RAL).]
26 M.R.S. § 964 — ME Code / Title 26 / Chapter 9-A / Section 964
26 §964. Prohibited acts of public employers, public employees and public employee organizations
Status: in_force

1. Public employer prohibitions. Public employers, their representatives and their agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 963 ; [PL 1969, c. 424, §1 (NEW).] B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment; [PL 1969, c. 424, §1 (NEW).] C. Dominating or interfering with the formation, existence or administration of any employee organization; [PL 1969, c. 424, §1 (NEW).] D. Discharging or otherwise discriminating against an employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; [RR 2023, c. 2, Pt. E, §49 (COR).] E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 965 ; [PL 1969, c. 424, §1 (NEW).] F. Blacklisting of any employee organization or its members for the purpose of denying them employment; [PL 2007, c. 415, §3 (AMD).] G. Requiring an employee to join a union, employee association or bargaining agent as a member; and [PL 2007, c. 415, §4 (NEW).] H. Terminating or disciplining an employee for not paying union dues or fees of any type. [PL 2007, c. 415, §5 (NEW).] [RR 2023, c. 2, Pt. E, §49 (COR).]

2. Public employee prohibitions. Public employees, public employee organizations, their agents, members and bargaining agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 963 or a public employer in the selection of a representative for purposes of collective bargaining or the adjustment of grievances; [RR 2023, c. 2, Pt. E, §50 (COR).] B. Refusing to bargain collectively with a public employer as required by section 965 ; [PL 1969, c. 424, §1 (NEW).] C. Engaging in (1) A work stoppage; (2) A slowdown; (3) A strike; or (4) The blacklisting of any public employer for the purpose of preventing it from filling employee vacancies. [PL 1969, c. 424, §1 (NEW).] [RR 2023, c. 2, Pt. E, §50 (COR).]

3. Violations. Violations of this section shall be processed by the board in the manner provided in section 968, subsection 5 . [PL 1971, c. 609, §2 (RPR).]
26 M.R.S. § 2023 — ME Code / Title 26 / Chapter 25 / Section 2023
26 §2023. Department duties
Status: in_force

Notwithstanding subchapters I and II , the department shall encourage pursuit of nontraditional occupations by: [PL 1991, c. 807, §2 (NEW).]

1. Support services. Providing necessary support services to participants, including but not limited to: A. Payment for dependent care costs, as long as those costs do not exceed the prevailing regional rate for that care; [PL 1991, c. 807, §2 (NEW).] B. Training materials such as books, tools and uniforms; and [PL 1991, c. 807, §2 (NEW).] C. Travel payments according to the policies established by the service providers under the Workforce Innovation and Opportunity Act; [PL 2017, c. 110, §21 (AMD).] [PL 2017, c. 110, §21 (AMD).]

2. Orientation program. Ensuring that the applicable orientation program includes nontraditional occupations and a means of assessing interest in nontraditional occupations; [PL 1991, c. 807, §2 (NEW).]

3. Ongoing support systems. Working with community organizations to develop ongoing support systems for participants who receive training in nontraditional occupations; [PL 1991, c. 807, §2 (NEW).]

4. Staff training. Training staff on nontraditional occupations issues including differences in the economic status of men and women; the social, personal and economic barriers encountered in training and job placement and on the job by individuals pursuing nontraditional occupations; methods for recruiting individuals for nontraditional occupations; and the need for continuing support for individuals in nontraditional occupations; and [PL 1991, c. 807, §2 (NEW).]

5. Rulemaking. Making rules in accordance with the Maine Administrative Procedure Act as necessary to establish procedures implementing this subchapter. [PL 1991, c. 807, §2 (NEW).]
26 M.R.S. § 871 — ME Code / Title 26 / Chapter 7 / Section 871
26 §871. Illegal employment of aliens
Status: in_force

1. Prohibition. No employer shall knowingly employ any alien in this State who has not been lawfully admitted to the United States for permanent residence, unless the employment of the alien is authorized by the United States Immigration and Naturalization Service. [PL 1977, c. 116 (NEW).]

1-A. Violation. Upon conviction of a violation of subsection 1 , an employer may not employ aliens granted permission to work temporarily under 8 United States Code, Section 1101(a)(15)(H)(ii)(a) in this State for 2 years. [PL 2009, c. 637, §1 (NEW).]

2. Penalty. Violation of subsection 1 or 1‑A is a Class E crime. It is an affirmative defense to prosecution under subsection 1 that the employer, before employing or referring a person for employment, made a good faith inquiry as to whether that person was a United States citizen or an alien, and if the inquiry reasonably indicated that the person was an alien, the employer made a further good faith inquiry that reasonably indicated that the alien was lawfully admitted to the United States for permanent residence or that the United States Immigration and Naturalization Service had authorized the alien to accept employment in the United States. A. A good faith inquiry under this subsection must be in writing. An employment application form that requests citizenship data, or an alien registration number if the applicant is an alien, meets the requirement of a good faith inquiry in writing. [PL 2009, c. 637, §2 (AMD).] B. A social security account number card is not considered evidence of the United States Immigration and Naturalization Service's authorization for an alien to accept employment in the United States. [PL 2009, c. 637, §2 (AMD).] [PL 2009, c. 637, §2 (AMD).]

3. Regulations. The Commissioner of Labor shall promulgate regulations specifying the procedure to be followed by each employer to ensure compliance with subsection 1 . These regulations shall include provisions for reporting violations of subsection 1 to the Attorney General and the United States Immigration and Naturalization Service. [PL 1977, c. 116 (NEW); PL 1981, c. 168, §25 (AMD).]
26 M.R.S. § 3305 — ME Code / Title 26 / Chapter 39 / Section 3305
26 §3305. Industry partnership grant program
Status: in_force

1. Grant program. The collaborative shall establish a competitive grant program that provides support to industry partnerships and eligible applicants pursuant to this section. The grants must be used to provide training or the ability for local, state or regional industry partnerships to meet the objectives listed in section 3304 . [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

2. Applications and guidelines. The collaborative shall establish grant guidelines and develop grant applications and forms and institute any policies and procedures necessary to carry out the provisions of this section. These procedures must include at a minimum: A. A competitive application process; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. A process to review applications and to make recommendations to the collaborative; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] C. A process for providing applicants with additional information about eligibility requirements and assistance in preparing applications; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] D. A procedure for establishing eligibility requirements. At a minimum, this procedure must include the following: (1) Involvement of the local workforce board; (2) Participation of at least 4 employers, with at least 2 employers representing businesses with fewer than 50 employees; (3) Participation of employees and, where applicable, labor representatives; (4) Private sector matching funding of at least 25%, except that businesses with fewer than 25 employees may be exempted from this matching funding requirement at the discretion of the collaborative; and (5) Commitment to participate in the performance improvement and evaluation system established pursuant to section 3307 . [PL 2017, c. 110, §33 (AMD).] [PL 2017, c. 110, §33 (AMD).]

3. Grant period and renewal. The grant period for grants awarded under this section must be not less than 12 months and not more than 24 months. The collaborative may provide opportunities for renewal after the initial grant period ends. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

4. Technical assistance. The collaborative shall provide technical assistance to grantees throughout the grant period. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

5. Other funding sources. The collaborative shall seek funds from other private and public sources to support and sustain industry partnerships and related activities established in this chapter. Industry partnerships also may seek other sources of funding, both public and private. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]
26 M.R.S. § 571 — ME Code / Title 26 / Chapter 6 / Section 571
26 §571. Variance
Status: in_force

An affected employer may apply to the director for an order for a variance from a standard promulgated under this chapter. Affected employees must be given notice of each application and an opportunity to participate in a hearing. The director shall issue the order if the director determines on the record, after a hearing and, when appropriate, an inspection, that the proponent of a variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to that employer's employees that are as safe and healthful as those that would prevail if the employer complied with the standard. Such an order may be summarily revoked by the director on the director's own motion or modified or revoked by the director upon application by an employer or employee in the manner prescribed for its issuance. [RR 2023, c. 2, Pt. E, §9 (COR).]

Any person aggrieved by an order of the director may appeal, at any time, from the order to the board under the process established in section 568 . [PL 1981, c. 15, §2 (NEW).]
26 M.R.S. § 843 — ME Code / Title 26 / Chapter 7 / Section 843
26 §843. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 661 (NEW).]

1. Employee. "Employee" means any person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment but does not include an independent contractor. [PL 1987, c. 661 (NEW).]

2. Employee benefits. "Employee benefits" means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer. [PL 1987, c. 661 (NEW).]

3. Employer. "Employer" means: A. Any person, sole proprietorship, partnership, corporation, association or other business entity that employs 15 or more employees at one location in this State; [PL 1999, c. 127, Pt. D, §2 (AMD).] B. The State, including the executive, legislative and judicial branches, and any state department or agency that employs any employees; [PL 1987, c. 661 (NEW).] C. Any city, town or municipal agency that employs 25 or more employees; and [PL 1987, c. 661 (NEW).] D. Any agent of an employer, the State or a political subdivision of the State. [PL 1987, c. 661 (NEW).] [PL 1999, c. 127, Pt. D, §2 (AMD).]

4. Family medical leave. "Family medical leave" means leave requested by an employee for: A. Serious health condition of the employee; [PL 1997, c. 546, §1 (AMD).] B. The birth of the employee's child or the employee's domestic partner's child; [PL 2007, c. 261, §1 (AMD).] C. The placement of a child 16 years of age or less with the employee or with the employee's domestic partner in connection with the adoption of the child by the employee or the employee's domestic partner; [PL 2007, c. 261, §1 (AMD).] D. A child, domestic partner's child, grandchild, domestic partner's grandchild, parent, domestic partner, sibling or spouse with a serious health condition; [PL 2021, c. 189, §1 (AMD).] E. The donation of an organ of that employee for a human organ transplant; or [PL 2007, c. 388, §4 (AMD).] F. The death or serious health condition of the employee's spouse, domestic partner, parent, sibling or child if the spouse, domestic partner, parent, sibling or child as a member of the state military forces, as defined in Title 37‑B, section 102 , or the United States Armed Forces, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty. [PL 2007, c. 519, §2 (AMD).] [PL 2021, c. 189, §1 (AMD).]

4-A. Health care provider. "Health care provider" means: A. A doctor of medicine or osteopathy who is licensed to practice medicine or surgery in this State; or [PL 1997, c. 546, §2 (NEW).] B. Any other person determined by the Secretary of Labor to be capable of providing health care services. [PL 1997, c. 546, §2 (NEW).] [PL 1997, c. 546, §2 (NEW).]

4-B. Reduced leave schedule. "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. [PL 2007, c. 233, §1 (NEW).]

5. Serious illness. [PL 1997, c. 546, §3 (RP).]

6. Serious health condition. "Serious health condition" means an illness, injury, impairment or physical or mental condition that involves: A. Inpatient care in a hospital, hospice or residential medical care facility; or [PL 1997, c. 546, §2 (NEW).] B. Continuing treatment by a health care provider. [PL 1997, c. 546, §2 (NEW).] [PL 1997, c. 546, §2 (NEW).]

7. Domestic partner. [PL 2021, c. 567, §41 (RP).]

8. Sibling. "Sibling" means a sibling of an employee who is jointly responsible with the employee for each other's common welfare as evidenced by joint living arrangements and joint financial arrangements. [PL 2007, c. 519, §3 (NEW).]
26 M.R.S. § 822 — ME Code / Title 26 / Chapter 7 / Section 822
26 §822. Exception for employer with 5 or fewer employees
Status: in_force

This subchapter is not applicable if the employer employs 5 or fewer persons immediately prior to the first day of the leave of absence. [PL 1983, c. 128, §1 (NEW).] Revisor's Note: §822. Definitions (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 832)
26 M.R.S. § 973 — ME Code / Title 26 / Chapter 9-A / Section 973
26 §973. Separability
Status: in_force

If any clause, sentence, paragraph or part of this chapter for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter. [PL 1975, c. 564, §29 (NEW).]
26 M.R.S. § 1302 — ME Code / Title 26 / Chapter 15 / Section 1302
26 §1302. Proposals and bids recorded
Status: in_force

Every municipality calling for such bids shall enter proposals and bids upon its books, showing the name and residence of each bidder, and the amount and terms of each bid, and to whom the work or contract was awarded. The same shall be open to the inspection of the Governor. [PL 1975, c. 771, §287 (AMD).]
26 M.R.S. § 783 — ME Code / Title 26 / Chapter 7 / Section 783
26 §783.  Failure to perform duties of office
Status: in_force

A person who, being authorized to issue a work permit, knowingly fails to perform the duties of that person's office as required by this subchapter must be punished by a fine of not less than $25 nor more than $50 for each offense. [RR 2023, c. 2, Pt. E, §27 (COR).]
26 M.R.S. § 2066 — ME Code / Title 26 / Chapter 26-A / Section 2066
26 §2066. Community Workforce Connections Program
Status: in_force

1. Community Workforce Connections Program established. The Community Workforce Connections Program, referred to in this subchapter as "the program," is established. No later than January 1, 2026, the Commissioner of Labor, referred to in this subchapter as "the commissioner," shall implement the program statewide to offer meaningful peer support and workforce navigation to unemployed and underemployed workers via peer navigators employed by community-based organizations. The program must prioritize individuals from populations that may face significant barriers to employment as described in subsection 2, paragraph A and support successful access to Department of Labor resources and maintenance of sustainable employment to increase their economic security. The Department of Labor, referred to in this subchapter as "the department," shall issue a request for proposals in accordance with state procurement law to contract with qualified entities to operate the program under subsection 2 . The program shall: A. Provide culturally appropriate, person-centered and relationship-focused peer workforce navigation services that are based on a strengths-based case management model and performed by individuals with shared lived experience. The program shall advocate for, and provide sustained and reliable support to, individuals in their transitions to improved economic security through employment, including by providing education about program rules and community resources to facilitate informed self-advocacy and life planning; [PL 2025, c. 396, §12 (NEW).] B. Work with community organizations, known and trusted by individuals described in subsection 2, paragraph A , and through trusted peer navigators to proactively identify and engage with unemployed and underemployed individuals and provide them with the workforce navigation services under paragraph A and opportunities for education, training, employment and reemployment assistance; [PL 2025, c. 396, §12 (NEW).] C. Introduce and connect individuals to career centers operated by the department, its workforce partners and educational institutions and help the individuals, as needed, navigate employment services and education and training programs operated by these entities. The program shall help facilitate communication and trust building between the individuals and these entities, including providing help completing applications; assistance with complying with eligibility verification processes; and support for participant progress and persistence; [PL 2025, c. 396, §12 (NEW).] D. Provide timely, responsive, flexible and individualized support when necessary to help individuals meet basic needs so the individuals are more able to successfully engage with work-related support services and find and retain employment, which includes accessing support from both public and private sources, including support for transportation, utilities and child care; [PL 2025, c. 396, §12 (NEW).] E. Promote trusted and successful relationships between individuals and government agencies by furthering understanding of employment, education and training programs, public assistance programs and associated rules, regulations, responsibilities and rights, and any socioeconomic barriers to accessing these programs; [PL 2025, c. 396, §12 (NEW).] F. Conduct outreach to communities with disproportionately low enrollment in unemployment insurance and reemployment assistance. The program shall provide individual assistance, education and referrals for individuals applying for and making ongoing claims for unemployment compensation, including offering assistance connecting with department staff and coaching on self-advocacy for claimants experiencing barriers to services. The program shall inform individuals about provisions of law that may assist low-income and frequently unemployed individuals disproportionately, including the dislocated worker benefits program under section 1043, subsection 5, paragraph B and section 1191, subsection 4, paragraph A , partial unemployment benefits and reemployment services; and [PL 2025, c. 396, §12 (NEW).] G. Identify systemic issues creating barriers to successful employment or reemployment for individuals seeking jobs, including improvements to employment and training programs under chapter 25 and the unemployment compensation system under chapter 13 , and work to reduce those barriers. [PL 2025, c. 396, §12 (NEW).] [PL 2025, c. 396, §12 (NEW).]

2. Qualified entities. To be eligible to receive a workforce navigation contract under this section, an entity must: A. Demonstrate that it has existing, trusted relationships with individuals, groups and organizations from populations that may face significant barriers to employment, including immigrants; individuals with limited English proficiency; individuals without postsecondary training or college degrees; low-income and homeless individuals; individuals who have been out of the workforce for an extended period; individuals with low literacy, including digital literacy; individuals with substance use disorder; individuals facing gender-based discrimination; individuals with disabilities; indigenous and tribal populations; single-parent households; and low-income working families; [PL 2025, c. 396, §12 (NEW).] B. Have the capability to carry out the duties of this section, including knowledge of eligibility requirements and application processes related to education and training services, including apprenticeship and preapprenticeship programs, reemployment services, the unemployment compensation system under chapter 13 and other resources necessary to help populations that may face significant barriers to employment as described in paragraph A successfully participate in employment and increase their economic security; [PL 2025, c. 396, §12 (NEW).] C. Comply with existing confidentiality standards to ensure the privacy of all information collected from individuals receiving workforce navigation services; and [PL 2025, c. 396, §12 (NEW).] D. Provide services under this section without charge to the individuals receiving those services. [PL 2025, c. 396, §12 (NEW).] [PL 2025, c. 396, §12 (NEW).]

3. Commissioner's duties; award criteria; workforce navigation services. The commissioner shall establish standards for the awarding of contracts to qualified entities in accordance with this subsection. A. The commissioner may award multiple contracts to perform one or more of the services described in this section. [PL 2025, c. 396, §12 (NEW).] B. To support the maintenance of relationships between qualified entities and populations that may face significant barriers to employment as described in subsection 2, paragraph A and to ensure a high quality of service, the commissioner shall award multi-year contracts to qualified entities as long as the qualified entities satisfy performance requirements set forth in the contracts. [PL 2025, c. 396, §12 (NEW).] C. The commissioner shall give priority for contracts to qualified entities that are a recognized source of support, expertise and community leadership for populations that may face significant barriers to employment as described in subsection 2, paragraph A , including racial and ethnic minorities, individuals with low literacy, individuals with disabilities and other low-income individuals with socioeconomic barriers to employment and education. [PL 2025, c. 396, §12 (NEW).] D. Workforce navigation services provided by qualified entities that receive workforce navigation contracts must be coordinated with and supplement, not supplant, services provided by the department. [PL 2025, c. 396, §12 (NEW).] E. All workforce navigation services provided under this subsection must be performed in a manner that is culturally and linguistically appropriate to the population served, including individuals with limited English proficiency, individuals with low literacy and individuals with disabilities, recognizing the varying levels of digital literacy and access to technology among individuals in need of services. [PL 2025, c. 396, §12 (NEW).] [PL 2025, c. 396, §12 (NEW).]

4. Funding. Of the Competitive Skills Scholarship Fund planned yield described in section 1166, at least 12% of the annual planned yield must be used for the program. Any funds not expended in the contract year by the contracted entity must be returned to the Competitive Skills Scholarship Fund, except that any funds for expenses that occurred in that contract year but were not yet paid in that year must remain available to the contracted entity. The department may also seek any available opportunities for funding as needed to support and enhance the workforce navigation services provided under this section. [PL 2025, c. 396, §12 (NEW).]
26 M.R.S. § 1312 — ME Code / Title 26 / Chapter 15 / Section 1312
26 §1312. Penalties for violation
Status: in_force

1. Violation by contractor or subcontractor. Except as provided in section 1308, subsection 1‑A , any contractor or subcontractor who willfully and knowingly violates sections 1304 to 1313 and 1317 is subject to a forfeiture of not less than $250. [PL 2021, c. 465, §3 (AMD).]

2. Employees' remedies. Any laborer, worker or mechanic engaged in construction of public works let to contract or an assisted project who is paid less than the posted fair minimum rate of wages and benefits applicable may recover from such a contractor or subcontractor the difference between the same and the posted fair minimum rate of wages and benefits a penalty equal in amount to the difference and reasonable attorney's fees; however, the surety for the contractor or subcontractor is not liable for the penalty or attorney's fees. [PL 2021, c. 705, §7 (AMD).]

3. Unfair agreement. A person may not request, demand or receive money or other thing of value from an employee whose rate is determined by sections 1304 to 1313 upon the statement, representation or understanding that failure to comply with such request or demand will prevent the employee from procuring or retaining employment. A person may not aid, directly or indirectly, assist or abet another to violate the prohibitions of this subsection. Any person violating the prohibitions of this subsection is subject to a forfeiture of not less than $250. [PL 1997, c. 757, §10 (AMD).]

4. Sanctions for violations by assisted project. If the Department of Labor notifies an entity that receives state assistance for an assisted project that the entity has violated a provision of this chapter, the provisions of this chapter regarding enforcement and penalties apply to that entity. Failure of an entity that receives state assistance for an assisted project to comply with this chapter constitutes a material breach of the agreement, grant, loan, commitment of funds or other instrument pursuant to which state assistance is provided. Upon finding a violation of this section, the relevant agency of the State may impose any available and appropriate penalties for that breach, including, but not limited to, fines, administrative penalties authorized under Title 35‑A, section 1508‑A , ending the assistance and recouping all or part of any assistance already provided for the assisted project or directing that, in order for the entity to receive continued assistance, the entity must meet the requirements of this section and pay remedial compensation to any employees who were not paid at least the prevailing rate for wages and benefits. [PL 2021, c. 759, Pt. F, §1 (AMD).]

This section may not be construed to make unlawful any provision in a collective bargaining agreement between an employer and a labor organization that relates, in any manner, to the conditioning of employment on union membership or on the payment of regular and periodic dues, or of initiation fees, to a labor organization. [PL 1997, c. 757, §10 (AMD).]
26 M.R.S. § 964-A — ME Code / Title 26 / Chapter 9-A / Section 964-A
26 §964-A. Continuation of grievance arbitration provisions
Status: in_force

1. Contract signed before October 1, 2005. If a contract between a public employer and a bargaining agent signed prior to October 1, 2005 expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to disciplinary action remain in effect until the parties execute a new contract. [PL 2005, c. 324, §1 (NEW).]

2. Contract signed after October 1, 2005. If a contract between a public employer and a bargaining agent signed after October 1, 2005 expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract remain in effect until the parties execute a new contract. In any arbitration that is conducted pursuant to this subsection, an arbitrator shall apply only those provisions enforceable by virtue of the static status quo doctrine and may not add to, restrict or modify the applicable static status quo following the expiration of the contract unless the parties have otherwise agreed in the collective bargaining agreement. All such grievances that are appealed to arbitration are subject exclusively to the grievance and arbitration process contained in the expired agreement, and the board does not have jurisdiction over such grievances. The arbitrator's determination is subject to appeal, pursuant to the Uniform Arbitration Act. Disputes over which provisions in an expired contract are enforceable by virtue of the static status quo doctrine first must be resolved by the board, subject to appeal pursuant to applicable law. The grievance arbitration is stayed pending resolution of this issue by the board. The board may adopt rules as necessary to establish a procedure to implement the intent of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Nothing in this subsection expands, limits or modifies the scope of any grievance arbitration provisions, including procedural requirements. [PL 2005, c. 324, §1 (NEW).]
26 M.R.S. § 2041 — ME Code / Title 26 / Chapter 25 / Section 2041
26 §2041. Targeted Workforce Investment Program
Status: in_force

1. Program established. The Targeted Workforce Investment Program, referred to in this section as "the program," is established within the Department of Labor to provide training and other workforce development activities in support of industries or occupations for which there is an identified need in the state economy. [PL 2025, c. 388, Pt. OOO, §1 (NEW).]

2. Administration. The Department of Labor shall administer the program and may expend funds in accordance with applicable funding agreements or as determined necessary by the commissioner. To the extent that funds are available, the program may include: A. Preapprenticeship training programs, career exploration programs and outreach efforts to build a career development network; [PL 2025, c. 388, Pt. OOO, §1 (NEW).] B. Training, education and career pathway programs to develop industry-aligned skills; [PL 2025, c. 388, Pt. OOO, §1 (NEW).] C. Wraparound services and case management services that are designed to connect individuals in this State, especially individuals from underrepresented communities, to in-demand jobs; [PL 2025, c. 388, Pt. OOO, §1 (NEW).] D. Investments in the Maine Apprenticeship Program established under section 3202 and other job skills development programs; and [PL 2025, c. 388, Pt. OOO, §1 (NEW).] E. Employer outreach and education to create sustained, quality job opportunities. [PL 2025, c. 388, Pt. OOO, §1 (NEW).] [PL 2025, c. 388, Pt. OOO, §1 (NEW).]

3. Agency coordination. To better prepare the State's workforce for investments in the State, state and quasi-state agencies shall coordinate with the Department of Labor on workforce development initiatives that affect the agencies and their respective industries. The agencies shall further consult with the Department of Labor when seeking funding opportunities that include workforce development as an allowable activity. [PL 2025, c. 388, Pt. OOO, §1 (NEW).]

4. Funding. The Department of Labor may accept funds, public or private, and may expend the funds for purposes that are consistent with this subchapter. Any funds received under this subchapter must be deposited in a nonlapsing account and any balance remaining at the end of each fiscal year must be carried forward to the next fiscal year for use consistent with this subchapter. [PL 2025, c. 388, Pt. OOO, §1 (NEW).]

5. Transfer of funds. Notwithstanding any provision of law to the contrary, amounts may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations. [PL 2025, c. 388, Pt. OOO, §1 (NEW).]
26 M.R.S. § 1027 — ME Code / Title 26 / Chapter 12 / Section 1027
26 §1027. Prohibited acts of the university, university employees and university employee organizations
Status: in_force

1. University, academy and community colleges; prohibitions. The university, its representatives and agents, the academy, its representatives and agents and the community colleges, their representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1023 ; [PL 1975, c. 603, §1 (NEW).] B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment; [PL 1975, c. 603, §1 (NEW).] C. Dominating or interfering with the formation, existence or administration of any employee organization; [PL 1975, c. 603, §1 (NEW).] D. Discharging or otherwise discriminating against an employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; [PL 1989, c. 443, §71 (AMD).] E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 1026 ; [PL 2007, c. 415, §11 (AMD).] F. Blacklisting of any employee organization or its members for the purpose of denying them employment; [PL 2007, c. 415, §12 (AMD).] G. Requiring an employee to join a union, employee association or bargaining agent as a member; and [PL 2007, c. 415, §13 (NEW).] H. Terminating or disciplining an employee for not paying union dues or fees of any type. [PL 2007, c. 415, §14 (NEW).] [PL 2007, c. 415, §§11-14 (AMD).]

2. University, academy, community colleges; prohibitions. University employees, university employee organizations, their agents, members and bargaining agents; academy employees, academy employee organizations, their agents, members and bargaining agents; and community college employees, community college employee organizations, their agents, members and bargaining agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1023 or the university, academy and community colleges in the selection of their representatives for the purposes of collective bargaining or the adjustment of grievances; [PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] B. Refusing to bargain collectively with the university, academy and community colleges as required by section 1026 ; and [PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] C. Engaging in: (1) A work stoppage, slowdown or strike; and (2) The blacklisting of the university, academy or community colleges for the purpose of preventing them from filling employee vacancies. [PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] [PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

3. Negotiation of union security. Nothing in this chapter shall be interpreted to prohibit the negotiation of union security, excepting closed shop. [PL 1975, c. 603, §1 (NEW).]

3-A. Negotiation of initial probationary period. The length and terms of an employee's probationary period upon initial employment is a negotiable item in accordance with the procedures set forth in section 1026 , except that, at a minimum, the probationary period must include the first 6 months of the employee's active employment. During the initial 6 months of active employment, an employee may be terminated without just cause. [PL 2003, c. 76, §3 (NEW); PL 2003, c. 76, §4 (AFF).]

4. Violations. Violations of this section shall be processed by the board in the manner provided in section 1029 . [PL 1975, c. 603, §1 (NEW).]
26 M.R.S. § 1045 — ME Code / Title 26 / Chapter 13 / Section 1045
26 §1045. Representation in court
Status: in_force

1. Civil actions. In any civil action to enforce this chapter the bureau and the State may be represented by any qualified attorney who is employed by the bureau and designated by it for this purpose or at the commissioner's request by the Attorney General. [PL 1983, c. 351, §4 (AMD).]

2. Criminal actions. All criminal actions for violation of any provision of this chapter, or of any regulations issued pursuant thereto, shall be prosecuted by the Attorney General or district attorney. [PL 1981, c. 470, Pt. A, §143 (AMD).]
26 M.R.S. § 961 — ME Code / Title 26 / Chapter 9-A / Section 961
26 §961. Purpose
Status: in_force

It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between public employers and their employees by providing a uniform basis for recognizing the right of public employees to join labor organizations of their own choosing and to be represented by such organizations in collective bargaining for terms and conditions of employment. [PL 1969, c. 424, §1 (NEW).]
26 M.R.S. § 781 — ME Code / Title 26 / Chapter 7 / Section 781
26 §781. Penalties
Status: in_force

1. Strict liability. An employer who employs, permits or suffers any minor to be employed or to work in violation of this article or Title 20‑A, section 5054 is subject to the following forfeiture or civil penalty, payable to the State and recoverable in a civil action: A. For the first violation or a violation not subject to an enhanced sanction under paragraph B or C , a forfeiture or penalty of not less than $250 nor more than $5,000; [PL 1991, c. 544, §10 (NEW).] B. For a 2nd violation occurring within 3 years of a prior adjudication, a forfeiture or penalty of not less than $500 nor more than $5,000; or [PL 1991, c. 544, §10 (NEW).] C. For a 3rd and subsequent violation occurring within 3 years of 2 or more prior adjudications, a penalty of not less than $2,000 nor more than $10,000. [RR 2009, c. 2, §72 (COR).] [RR 2009, c. 2, §72 (COR).]

1-A. De minimis violations of section 774. Notwithstanding subsection 1 , absent a finding that reasonably suggests a pattern of knowing and intentional conduct, the bureau may disregard the following violations of section 774 : A. A violation of the limits on the time that work may begin or end under section 774, subsection 1, paragraph F or G or section 774, subsection 2, paragraph F , as long as the violation is no greater than 10 minutes per day; [RR 2001, c. 1, §39 (COR).] B. A violation of the number of hours a minor may work in any day under section 774, subsection 1, paragraph B , C or D or section 774, subsection 2, paragraph C or D , as long as the violation is not greater than 10 minutes per day; and [PL 2001, c. 46, §1 (NEW).] C. A violation of the number of hours worked in a week under section 774, subsection 1, paragraph A or B or section 774, subsection 2, paragraph A or B , as long as the violation is not greater than 50 minutes in a week. [PL 2001, c. 46, §1 (NEW).] [RR 2001, c. 1, §39 (COR).]

2. Intentional or knowing violation of section 771, 772 or 773-A. An employer who intentionally or knowingly employs, permits or suffers any minor to be employed or to work in violation of section 771 , 772 or 773‑A is subject to the following fines, payable to the State and recoverable in a civil action: A. For the first violation or a violation not subject to an enhanced sanction under paragraph B or C , a fine of not less than $500; [PL 2017, c. 286, §10 (AMD).] B. For a 2nd violation occurring within 3 years of a prior adjudication, a fine of not less than $5,000 nor more than $20,000; or [PL 2017, c. 286, §10 (AMD).] C. For a 3rd and subsequent violation occurring within 3 years of 2 or more prior adjudications, a fine of not less than $10,000 nor more than $50,000. [PL 2017, c. 286, §10 (AMD).] [PL 2017, c. 286, §10 (AMD).]

3. Adjudications. As used in this section, a prior adjudication includes a consent decree that contains an admission of a violation. The dates of prior adjudications for any violation or a combination of violations must precede the commission of the violation being enhanced, although prior adjudications involving a combination may have occurred on the same day. The date of any adjudication is the date the forfeiture or penalty is adjudged or the consent decree allowed, even though an appeal was taken. [PL 1991, c. 544, §10 (NEW).]
26 M.R.S. § 6 — ME Code / Title 26 / Chapter 1 / Section 6
26 §6. Interlocutory appeal
Status: in_force

A party may appeal to the law court from an interlocutory order granting or denying a preliminary injunction in a case involving or growing out of a labor dispute, but such a preliminary injunction may not be stayed by the taking of such an appeal. Any such appeal must be heard at the first term of the law court commencing not less than 14 days after the appellant has filed the record on appeal with the clerk of the Superior Court and furnished the required copies of the appellant's brief to the clerk of the law court. Copies of the briefs of other parties must be furnished to the clerk of the law court not more than 10 days after the appellant's brief has been filed. The law court shall affirm, modify or set aside the order with the greatest possible expedition and shall give such proceedings precedence over all other matters except older matters of the same character. [RR 2023, c. 2, Pt. E, §1 (COR).]
26 M.R.S. § 850-P — ME Code / Title 26 / Chapter 7 / Section 850-P
26 §850-P. Implementation
Status: in_force

Contributions must begin January 1, 2025 to provide funds for the fund. The administrator shall begin processing claims on May 1, 2026, except that, by February 1, 2026, the authority shall conduct an actuarial study to ensure the solvency of the fund in order to begin processing claims on May 1st. If additional contributions are required based on the results of the actuarial study, the authority, through a majority vote, may require a one-time suspension of claims payments of no longer than 3 months. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

The administrator shall establish reasonable procedures and forms for filing claims for benefits under this subchapter and shall specify what supporting documentation is necessary to support a claim for benefits, including documentation required from a health care provider for proof of a serious health condition. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 1282 — ME Code / Title 26 / Chapter 14 / Section 1282
26 §1282. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 702 (NEW).]

1. Bargaining agent. "Bargaining agent" means any lawful organization, association or individual representative of such an organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer, as defined in subsection 6 , or by the executive director of the board to be the choice of the majority of the unit as their representative. [PL 1983, c. 702 (NEW).]

2. Board. "Board" means the Maine Labor Relations Board, as defined in section 968 . [PL 1983, c. 702 (NEW).]

3. Cost items. "Cost items" means the provisions of a collective bargaining agreement which require an appropriation by the Legislature. [PL 1983, c. 702 (NEW).]

4. Executive director. "Executive director" means the Executive Director of the Maine Labor Relations Board, as defined in section 968, subsection 2 . [PL 1983, c. 702 (NEW).]

5. Judicial employee. "Judicial employee" means any employee of the Judicial Department, except any person: A. Who is appointed by the Governor; [PL 1983, c. 702 (NEW).] B. Who serves as the State Court Administrator; [PL 1983, c. 702 (NEW).] C. Whose duties necessarily imply a confidential relationship to the Judicial Department's bargaining representative with respect to matters subject to collective bargaining; [PL 1983, c. 702 (NEW).] D. Who is a department or division head; [PL 1983, c. 702 (NEW).] E. Who is appointed to serve as a law clerk to a judge or a justice; or [PL 2021, c. 601, §6 (AMD).] F. Who is a temporary, seasonal or on-call employee, including interns. [PL 2021, c. 601, §7 (AMD).] G. [PL 2021, c. 601, §8 (RP).] [PL 2021, c. 601, §§6-8 (AMD).]

6. Public employer. "Public employer" means the Judicial Department of the State. It is the responsibility of the Judicial Department to negotiate collective bargaining agreements and to administer those agreements. It is the responsibility of the Legislature to act upon those portions of tentative agreements negotiated by the Judicial Department which require legislative action. To coordinate the employer position in the negotiation of agreements, the Legislative Council or its designee shall maintain close liaison with the bargaining representative of the Judicial Department relative to negotiating cost items in any proposed agreement. The Supreme Judicial Court may designate a bargaining representative for the Judicial Department who may: A. Develop and execute employee relations policies, objectives and strategies consistent with the overall objectives and constitutional and statutory duties of the Judicial Department; [PL 1983, c. 702 (NEW).] B. Conduct negotiations with certified and recognized bargaining agents; [PL 1983, c. 702 (NEW).] C. Administer and interpret collective bargaining agreements, and coordinate and direct Judicial Department activities as necessary to promote consistent policies and practices; [PL 1983, c. 702 (NEW).] D. Represent the Judicial Department in all bargaining unit determinations, elections, prohibited practice complaints and any other proceedings growing out of employee relations and collective bargaining activities; [PL 1983, c. 702 (NEW).] E. Coordinate the compilation of all data and information needed for the development and evaluation of employee relations programs and in the conduct of negotiations; [PL 1983, c. 702 (NEW).] F. Coordinate the Judicial Department's resources as needed to represent the department in negotiations, mediation, fact finding, arbitration, mediation-arbitration and other proceedings; and [PL 1983, c. 702 (NEW).] G. Provide staff advice on employee relations to the courts, judges and supervisory personnel, including providing for necessary supervisory and managerial training. [PL 1983, c. 702 (NEW).] All state departments and agencies shall provide such assistance, services and information as required by the Judicial Department and shall take such administrative or other action as may be necessary to implement and administer the provisions of any binding agreement between the Judicial Department and employee organizations entered into under law. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 3301 — ME Code / Title 26 / Chapter 39 / Section 3301
26 §3301. Establishment; purpose
Status: in_force

A cooperative initiative is established within the Office of the Governor to create Maine industry partnerships pursuant to this chapter. The Industry Partnership Assistance Collaborative is also established in the Office of the Governor and administered by the Commissioner of Labor and consists of representatives from the Department of Labor, the Department of Education, the Department of Economic and Community Development, the University of Maine System and the Maine Community College System. An industry partnership is led by representatives from business and industry with assistance from the Industry Partnership Assistance Collaborative. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

The purpose of the industry partnership cooperative initiative is to ensure that employees in this State are directed toward and trained in the high-skill, high-demand, livable-wage jobs of the 21st century economy. Industry partnerships shall align education and training programs with industry needs to produce readily employable workers and bring employers together in a collaborative effort to improve the competitiveness of individual businesses, industry and the State's economy. Industry partnerships shall provide the foundation for the State's demand-driven workforce strategy designed to meet the workforce needs of businesses, the career goals and training needs of workers and the economic development objectives of this State. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

The Department of Labor may convene meetings of and coordinate the Industry Partnership Assistance Collaborative, but each member is responsible for that member's contributions to and support of industry partnerships, including financial resources. Business and industry leaders engaging the Industry Partnership Assistance Collaborative shall coordinate their efforts through the Department of Labor but may use any appropriate Industry Partnership Assistance Collaborative member as their managing partner. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

Revisor's Note: §3301. Short title (As enacted by PL 2013, c. 335, Pt. A, §1 is REALLOCATED TO TITLE 26, SECTION 3401)
26 M.R.S. § 850-M — ME Code / Title 26 / Chapter 7 / Section 850-M
26 §850-M. Tax treatment
Status: in_force

1. Federal tax. If the federal Internal Revenue Service determines that family leave benefits or medical leave benefits under this subchapter are subject to federal income tax, the department shall advise an individual filing a new claim for family leave benefits or medical leave benefits, at the time the individual files the claim, that: A. The federal Internal Revenue Service has determined that benefits are subject to federal income tax; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Requirements exist pertaining to estimated tax payments; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. The individual may elect to have federal income tax deducted and withheld from the individual's payment of benefits in the amount specified in the United States Internal Revenue Code of 1986; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. The individual is permitted to change a previously elected withholding status. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Conformity to Internal Revenue Service procedures. The department shall follow all procedures specified by the federal Internal Revenue Service pertaining to the deducting and withholding of income tax. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Rules. The department, in consultation with the Department of Administrative and Financial Services, Bureau of Revenue Services, shall adopt rules regarding federal and state tax treatment and related procedures regarding family leave benefits and medical leave benefits and the sharing of necessary information between the department and the Bureau of Revenue Services. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 635 — ME Code / Title 26 / Chapter 7 / Section 635
26 §635. Overcompensation by employer
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Net amount" means the amount of money due an employee as compensation after any deductions or withholdings other than an employer's withholding for the purpose of recovering any overcompensation. [PL 1989, c. 804 (NEW).] A-1. "Employer" means a person in this State that employs individuals and includes the State and political subdivisions of the State. "Employer" includes a person acting in the interest of an employer directly or indirectly. [PL 2021, c. 425, §1 (NEW).] B. "Overcompensation" means any compensation paid to an employee that is greater than that to which the employee is entitled under the compensation system established by the employer, but does not include fringe benefits, paid leave, awards, bonuses, settlements or insurance proceeds in respect to or in lieu of compensation, expense reimbursements, commissions or draws or advances against compensation. [PL 2021, c. 425, §1 (AMD).] C. "Paid leave" has the same meaning as in section 636, subsection 1, paragraph C . [PL 2021, c. 425, §1 (NEW).] [PL 2021, c. 425, §1 (AMD).]

2. Recovery of overcompensation; limitations. An employer who has overcompensated an employee through employer error may not withhold more than 5% of the net amount of any subsequent pay without the employee's written permission, except that, if the employee voluntarily terminates employment, the employer may deduct the full amount of overcompensation from any wages due. An employer who has overcompensated an employee through employer error may not recover more than the amount of overcompensation paid to that employee in the 3 years preceding the date of discovery of the overcompensation. [PL 2021, c. 425, §1 (AMD).]

3. Violation. If an employer with over 25 employees violates this section, that employer forfeits any claim to the overcompensation. If an employer with 25 or fewer employees knows of the limitations established by subsection 2 and violates this section, that employer forfeits any claim to the overcompensation. An employer of 25 or fewer employees who does not know of the limitations established by subsection 2 and who violates this section shall return all money withheld in excess of that permitted under subsection 2 within 3 days of written or oral demand by the employee, or forfeits any claim to the overcompensation. [PL 2021, c. 425, §1 (AMD).]

4. Application. This section is applied as follows. A. An employer has the burden of proof, except that, if the overcompensation amounts to less than 15% of the correct net amount of the employee's compensation, the employer must prove by clear and convincing evidence that the employee knowingly accepted the overcompensation. [PL 1989, c. 804 (NEW).] B. If an employee knowingly accepts the overcompensation, this section does not apply. [PL 1989, c. 804 (NEW).] C. This section, except for the forfeiture provisions in subsection 3 , does not limit or affect an employer's general civil remedies against an employee or an employee's general civil remedies against an employer. [PL 2021, c. 425, §1 (AMD).] [PL 2021, c. 425, §1 (AMD).]
26 M.R.S. § 3901 — ME Code / Title 26 / Chapter 51 / Section 3901
26 §3901. Energy project development information
Status: in_force

1. Fact sheet and technical resource guide. The Department of Labor, in partnership with the Governor's Energy Office, the Public Utilities Commission and the Office of Policy Innovation and the Future, or successor governmental departments and offices having jurisdiction over energy matters, shall develop a fact sheet and technical resource guide that clearly outlines the requirements, opportunities, expectations and responsibilities detailed in state labor laws, rules and priority selection opportunities for entities developing assisted projects, as defined in section 1304, subsection 1‑A , with a nameplate capacity of one megawatt or more in the State. The fact sheet and technical resource guide must: A. Incorporate relevant information included in the Department of Labor's training on wage and hour laws compliance, with a focus on state labor and workforce requirements and benchmarks related to energy projects and programs; [PL 2025, c. 377, §1 (NEW).] B. Include relevant labor standards, benchmarks and other necessary commitments required by the State, the Public Utilities Commission, the University of Maine System and any other entity responsible for administering energy generation and transmission projects and programming in the State to receive preference or priority selection related to requests for proposals; [PL 2025, c. 377, §1 (NEW).] C. Clearly outline the statutory labor requirements of contractors and subcontractors performing work on energy projects; [PL 2025, c. 377, §1 (NEW).] D. Include information on statutory obligations of employers and the Department of Labor's enforcement procedures and penalties for violations; and [PL 2025, c. 377, §1 (NEW).] E. Be updated as necessary and reviewed by the Department of Labor no less than once per calendar year. [PL 2025, c. 377, §1 (NEW).] The fact sheet and technical resource guide must be disseminated to entities developing assisted projects in the State no less than once per calendar year. [PL 2025, c. 377, §1 (NEW).]

2. Attestation of review and understanding of assisted project requirements. An entity responsible for the development of an assisted project, as defined in section 1304, subsection 1‑A , with a nameplate capacity of one megawatt or more and the entity's chosen prime contracting entity shall each separately attest under penalty of perjury that the entity: A. Has reviewed the materials described in subsection 1, paragraphs A to D and that the entity understands the requirements as outlined; [PL 2025, c. 377, §1 (NEW).] B. Is aware of the resources available to assist in the entity’s understanding and to facilitate compliance; and [PL 2025, c. 377, §1 (NEW).] C. Has made all contractors and subcontractors aware of the requirements outlined in subsection 1, paragraphs A to D . [PL 2025, c. 377, §1 (NEW).] Completed attestations must be submitted by both entities on a yearly basis to the Department of Labor before work may begin on any phase of site preparation, construction, retrofitting or demolition work. [PL 2025, c. 377, §1 (NEW).]

3. Report. Beginning February 15, 2027 and annually thereafter, the Department of Labor shall submit to the joint standing committee of the Legislature having jurisdiction over labor matters a report that contains the following information from the previous calendar year: A. Data related to the number of assisted projects, as defined in section 1304, subsection 1‑A , with a nameplate capacity of one megawatt or more; [PL 2025, c. 377, §1 (NEW).] B. The number of and list of entities to which fact sheets and technical resource guides were disseminated, as required under subsection 1 ; [PL 2025, c. 377, §1 (NEW).] C. Data on the instances and types of technical assistance provided by the Department of Labor; and [PL 2025, c. 377, §1 (NEW).] D. A list of attestations received by the Department of Labor as required under subsection 2 . [PL 2025, c. 377, §1 (NEW).] The Department of Labor does not need to submit any information required in the report under this subsection if that information is required to be submitted in any other report to the Legislature in the same calendar year. [PL 2025, c. 377, §1 (NEW).]
26 M.R.S. § 828 — ME Code / Title 26 / Chapter 7 / Section 828
26 §828. Compensation for employee participation in investigation, hearing or inquiry (REALLOCATED TO TITLE 26, SECTION 838)
Status: in_force

(REALLOCATED TO TITLE 26, SECTION 838)
26 M.R.S. § 1420-C — ME Code / Title 26 / Chapter 19 / Section 1420-C
26 §1420-C. Penalty
Status: in_force

1. Interference with admittance or enjoyment; rights. A person or the person's agent may not: A. Deny or interfere with admittance to or enjoyment of the public facilities described in section 1420‑A ; or [PL 2003, c. 452, Pt. O, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Otherwise interfere with the rights of a deaf or hard-of-hearing person under section 1420‑A . [PL 2003, c. 452, Pt. O, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. O, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalty. Violation of this section is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. O, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
26 M.R.S. § 821 — ME Code / Title 26 / Chapter 7 / Section 821
26 §821. Person employed in position other than temporary
Status: in_force

A person, except a person covered under Title 20‑A, section 13602, employed in a position other than a temporary position must be granted a leave of absence to fulfill the duties of a Legislator as long as the employee gives written notice to the employee's employer of the employee's intent to become a candidate for the Legislature within 10 days after taking action under Title 21‑A to place the employee's name on a primary or general election ballot. Following the employee's term of service as a Legislator, the employee, if the employee is still qualified to perform the duties of the position from which the employee was granted leave, is entitled to be restored to the employee's previous, or a similar, position with the same status, pay and seniority. This leave of absence may, within the discretion of the employer, be with or without pay and is limited to one legislative term of 2 years. [RR 2023, c. 2, Pt. E, §28 (COR).] Revisor's Note: §821. Short title (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 831)
26 M.R.S. § 631 — ME Code / Title 26 / Chapter 7 / Section 631
26 §631. Employee right to review personnel file
Status: in_force

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 reviews and copying must take place at the location where the personnel files are maintained and during normal office hours unless, at the employer's discretion, a more convenient time and location for the employee are arranged. In each calendar year, the employer shall provide, at no cost to the employee, one copy of the entire personnel file when requested by the employee or former employee and, when requested by the employee or former employee, one copy of all the material added to the personnel file after the copy of the entire file was provided. The cost of copying any other material requested during that calendar year is paid by the person requesting the copy. For the purpose of this section, a personnel file includes, but is not limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits and nonprivileged medical records or nurses' station notes relating to the employee that the employer has in the employer's possession. Records in a personnel file may be maintained in any form including paper, microfiche or electronic form. The employer shall take adequate steps to ensure the integrity and confidentiality of these records. An employer maintaining records in a form other than paper shall have available to the employee, former employee or duly authorized representative the equipment necessary to review and copy the personnel file. Any employer who, following a request pursuant to this section, without good cause fails to provide an opportunity for review and copying of a personnel file, within 10 days of receipt of that request, is subject to a civil forfeiture of $25 for each day that a failure continues. The total forfeiture may not exceed $500. An employee, former employee or the Department of Labor may bring an action in the District Court or the Superior Court for such equitable relief, including an injunction, as the court may consider to be necessary and proper. The employer may also be required to reimburse the employee, former employee or the Department of Labor for costs of suit including a reasonable attorney's fee if the employee or the department receives a judgment in the employee's or department's favor, respectively. For the purposes of this section, the term "nonprivileged medical records or nurses' station notes" means all those materials that have not been found to be protected from discovery or disclosure in the course of civil litigation under the Maine Rules of Civil Procedure, Rule 26, the Maine Rules of Evidence, Article V or similar rules adopted by the Workers' Compensation Board or other administrative tribunals. [PL 2003, c. 58, §1 (AMD).]
26 M.R.S. § 979 — ME Code / Title 26 / Chapter 9-B / Section 979
26 §979. Purpose
Status: in_force

It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between the State and its employees and between the Legislature and its employees by providing a uniform basis for recognizing the right of state or legislative employees to join labor organizations of their own choosing and to be represented by such organizations in collective bargaining for terms and conditions of employment. [PL 1997, c. 741, §1 (AMD); PL 1997, c. 741, §12 (AFF).]
26 M.R.S. § 1031 — ME Code / Title 26 / Chapter 12 / Section 1031
26 §1031. Scope of binding contract arbitration
Status: in_force

A collective bargaining agreement between the university, the academy or the community colleges and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure but the only grievances which may be taken to such binding arbitration shall be disputes between the parties as to the meaning or application of the specific terms of collective bargaining agreement. An arbitrator with the power to make binding decisions pursuant to any such provisions shall have no authority to add to, subtract from or modify the collective bargaining agreement. [PL 1989, c. 443, §76 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
26 M.R.S. § 3209 — ME Code / Title 26 / Chapter 37 / Section 3209
26 §3209. Maine Apprenticeship Council
Status: in_force

1. Establishment. The Maine Apprenticeship Council, as established in Title 5, section 12004‑I, subsection 54‑D and referred to in this section as "the council," consists of 16 members appointed in accordance with this subsection. Members of the council must be familiar with apprenticeable occupations. A. Twelve members of the council are appointed by the Governor as follows: (1) Four members must be representatives of employees and be bona fide members of a recognized major labor organization; (2) Four members must be representatives of employers and be bona fide employers or authorized representatives of employers; and (3) Four members must be representatives of the public and may not be industrial employers or employees or be directly concerned with any particular industrial employer or employee. At least 2 of these members must represent the interests of women and minorities and recipients of benefits under the Temporary Assistance for Needy Families program under Title 22, chapter 1053‑B who are in registered apprenticeship. [PL 2011, c. 491, §13 (NEW).] B. Four nonvoting members of the council are appointed by their respective agencies as follows: (1) One representative of the State Workforce Development Board established in section 2006 , appointed by the chair of the State Workforce Development Board; (2) One representative of the Maine Community College System, appointed by the President of the Maine Community College System; (3) One representative of the Department of Education, appointed by the Commissioner of Education; and (4) One representative of the Department of Economic and Community Development, appointed by the Commissioner of Economic and Community Development. [PL 2025, c. 154, §9 (AMD).] [PL 2025, c. 154, §9 (AMD).]

2. Term; vacancy. A member of the council serves a 4-year term. A member serves until the member's successor is appointed and qualified. A vacancy on the council must be filled for the remainder of the unexpired term in the same manner as the original appointment. [PL 2011, c. 491, §13 (NEW).]

3. Chair. The council shall appoint one of its members as chair of the council. [PL 2011, c. 491, §13 (NEW).]

4. Duties. The council shall meet on a quarterly basis and shall assist and advise the department in its duties administering the Maine Apprenticeship Program with respect to: A. Developing, approving and registering new apprenticeship programs and certifying preapprenticeship training programs; [PL 2021, c. 705, §11 (AMD).] B. Identifying and registering new sponsors; [PL 2011, c. 491, §13 (NEW).] C. Representing the Maine Apprenticeship Program to the State Workforce Development Board established in section 2006 ; [PL 2025, c. 154, §10 (AMD).] D. Reviewing and recommending additions or changes to Maine Apprenticeship Program rules, policies and processes; [PL 2011, c. 491, §13 (NEW).] E. Ensuring availability of related instruction for apprentices; [PL 2011, c. 491, §13 (NEW).] F. Ensuring registered apprenticeship programs meet the requirements of this chapter; [PL 2011, c. 491, §13 (NEW).] G. Ensuring appropriate records of registered apprenticeship programs, registered apprentices and sponsors are created and maintained; [PL 2011, c. 491, §13 (NEW).] H. Reviewing complaints; [PL 2011, c. 491, §13 (NEW).] I. Developing a biennial plan and evaluation tools and processes to be used to review apprenticeship program outcomes; and [PL 2011, c. 491, §13 (NEW).] J. Ensuring an annual report is provided by March 1st of each year to the Governor, the joint standing committee of the Legislature having jurisdiction over labor and economic development matters and the joint standing committee of the Legislature having jurisdiction over education and cultural affairs that includes the following: (1) The name and location of each sponsor; (2) The number of apprentices registered into and completing apprenticeship; (3) The return on investment; (4) Data on wages and benefits for apprentices enrolled in apprenticeship programs and for apprentices who complete an apprenticeship program; (5) Actions taken by the council to ensure apprenticeships are leading to well-paying jobs and careers; and (6) The assessment required under section 3204, subsection 6 . [PL 2023, c. 318, §10 (AMD).] [PL 2025, c. 154, §10 (AMD).]
26 M.R.S. § 43 — ME Code / Title 26 / Chapter 3 / Section 43
26 §43. Facts and statistics; seal; testimony; sources confidential
Status: in_force

The director may furnish a written or printed list of interrogatories for the purpose of gathering such facts and statistics as are contemplated, to any person, or the proper officer of any corporation operating within the State, and may require full and complete answers thereto under oath. The director shall have a seal, and may take and preserve testimony, issue subpoenas, administer oaths and examine witnesses under oath in all matters relating to the duties required of the bureau. Such testimony must be taken in some suitable place in the vicinity to which the testimony is applicable. Witnesses summoned and testifying before the director must be paid, from any funds at the disposal of the bureau, the same fees as witnesses before the Superior Court. In the report, except safety and health reports, names of individuals, firms or corporations supplying the information called for by this section may not be used unless by written permission, such information being confidential and not for the purpose of disclosing personal affairs. [PL 2013, c. 473, §1 (AMD).]
26 M.R.S. § 771 — ME Code / Title 26 / Chapter 7 / Section 771
26 §771. Minors under 14 years of age
Status: in_force

A minor under 14 years of age may not be employed, permitted or suffered to work in nonagricultural or agricultural employment, except for agricultural employment in the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances as long as the employment is in accordance with rules adopted pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570. This section does not apply to any minor under 14 years of age employed in school lunch programs, if limited to serving food and cleaning up dining rooms, or in a business solely owned by the minor's parents. A parent is prohibited from employing the parent's minor child in occupations declared hazardous by the director pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570. [PL 2017, c. 286, §1 (AMD).]
26 M.R.S. § 979-F — ME Code / Title 26 / Chapter 9-B / Section 979-F
26 §979-F. Determination of bargaining agent
Status: in_force

1. Voluntary recognition. Any state employee organization may file a request with the public employer alleging that a majority of the state employees in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the public employer and the employees' organization. The request must describe the grouping of jobs or positions that constitute the unit claimed to be appropriate and must include a demonstration of majority support. The request for recognition may be granted by the public employer. [PL 2023, c. 541, §1 (AMD).]

1-A. Majority sign-up. If a request by a state employee organization for recognition pursuant to subsection 1 is not granted by the public employer, the executive director or the executive director's designee shall examine the demonstration of support. If the executive director or the executive director's designee finds that a majority of the employees in a unit appropriate for bargaining have signed valid authorizations designating the employees' organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the board may not direct an election but shall certify the employees' organization as the representative. However, if the majority status of the employees in the appropriate unit is in question, the executive director or the executive director's designee shall call an election to determine whether the organization represents a majority of the members in the bargaining unit. [PL 2023, c. 541, §1 (NEW).]

2. Elections. A. The executive director, or the executive director's designee, pursuant to subsection 1‑A , or upon signed petition of at least 30% of a bargaining unit of state employees that they desire to be represented by an organization, shall conduct a secret ballot election to determine whether the organization represents a majority of the members of the bargaining unit. The election may be conducted at suitable work locations or through the United States mail, and the procedures adopted and employed by the board must ensure that neither the employee organizations nor the management representatives involved in the election have access to information that would identify a voter. [PL 2023, c. 541, §1 (AMD).] B. The ballot must contain the name of the organization under paragraph A and that of any other organization showing written proof of at least 10% representation of the state employees within the unit, together with a choice for any state employee to designate that the state employee does not desire to be represented by any bargaining agent. When more than one organization is on the ballot and no one of the 3 or more choices receives a majority vote of the state employees voting, a run-off election must be held. The run-off ballot must contain the 2 choices that received the largest and 2nd largest number of votes. When an organization receives the majority of votes of those voting, the executive director or the executive director's designee shall certify the organization as the bargaining agent. The bargaining agent certified as representing a bargaining unit must be recognized by the public employer as the exclusive bargaining agent for all of the employees in the bargaining unit until a decertification election by secret ballot is held and the bargaining agent declared by the executive director as not representing a majority of the unit. [PL 2023, c. 541, §1 (AMD).] C. Whenever 30% of the employees in a certified bargaining unit petition for a bargaining agent to be decertified, the procedures for conducting an election on the question of decertification are the same as for representation as a bargaining agent as established in this subsection. [PL 2023, c. 541, §1 (AMD).] D. A question concerning representation may not be raised within one year of a certification or attempted certification. When there is a valid collective bargaining agreement in effect, a question concerning unit or representation may not be raised except during the period not more than 90 days nor less than 60 days prior to the expiration date of the agreement. Unit clarification proceedings are not subject to this time limitation and may be brought at any time consistent with section 979‑E, subsection 3 . [PL 2023, c. 541, §1 (AMD).] E. The bargaining agent certified by the executive director or the executive director's designee as the exclusive bargaining agent shall represent all the state employees within the unit without regard to membership in the organization certified as the bargaining agent, except that any state employee at any time may present that state employee's grievance to the public employer and have that grievance adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect and if the bargaining agent's representative has been given reasonable opportunity to be present at any meeting of the parties called for the resolution of the grievance. [PL 2023, c. 541, §1 (AMD).] [PL 2023, c. 541, §1 (AMD).]
26 M.R.S. § 957 — ME Code / Title 26 / Chapter 9 / Section 957
26 §957. Awards; confirmation; jurisdiction; procedure
Status: in_force

If the parties in their collective bargaining contract or written submission agreement have agreed that a judgment of the court be entered upon the award made pursuant to the arbitration, and specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and the court must grant such an order unless the award is vacated, modified or corrected as prescribed in sections 958 and 959. In the absence of such a provision in the collective bargaining contract or written submission agreement of the parties, the application to have judgment entered upon the award may be made to the Superior Court in the county within which the award was made. Notice of application must be served upon the adverse party. If the adverse party is a resident of the State, service must be made upon the adverse party or the adverse party's attorney as prescribed by law for service of motion in an action in the same court. If the adverse party is a nonresident, then the notice of the application must be served in like manner as other process of the court is served upon nonresidents. [RR 2023, c. 2, Pt. E, §48 (COR).]
26 M.R.S. § 587 — ME Code / Title 26 / Chapter 6 / Section 587
26 §587. Inspections
Status: in_force

The bureau may inspect housing facilities subject to this subchapter in accordance with this section. [PL 1997, c. 387, §2 (NEW).]

1. Right of entry. Without an administrative inspection warrant, any duly designated officer of the bureau may enter a housing facility subject to this chapter at any reasonable time in order to determine compliance with this chapter and any rules in force pursuant to this chapter. No such entry and inspection may be made without the permission of one or more occupants of the facility unless a search warrant is obtained authorizing entry and inspection. If the housing facility is unoccupied, permission of the owner is required before entry and inspection unless a search warrant is obtained. [PL 1997, c. 387, §2 (NEW).]

2. Technical assistance. Upon the written request of the bureau, the Department of Health and Human Services, Division of Health Engineering shall provide any technical services that may be required by the bureau to assist with inspections and enforcement of this subchapter. [PL 1997, c. 387, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Municipal inspections. The bureau may rely on inspections performed by the municipality only to the extent that the municipality has adopted a rule, regulation, ordinance or other code of standard that is at least as stringent as the bureau's rule on that subject. The bureau may rely on municipal inspections only if the inspector is properly licensed or certified by the State to make such inspections. [PL 1997, c. 387, §2 (NEW).]
26 M.R.S. § 1414 — ME Code / Title 26 / Chapter 19 / Section 1414
26 §1414. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 560, Pt. F, §13 (NEW).]

1. Independent living services. "Independent living services" means services that promote or train people with significant disabilities in managing their personal affairs, participating in day-to-day life in the community, fulfilling a range of social roles and making decisions that lead to self-determination and the minimization of physical or psychological dependence on others. [PL 2017, c. 111, §11 (AMD).]
26 M.R.S. § 1407 — ME Code / Title 26 / Chapter 19 / Section 1407
26 §1407. Displaced civilian federal firefighters database
Status: in_force

The department shall establish and maintain a database of the names of civilian federal firefighters who have been displaced by a layoff or reduction in force at or closure of a federal installation in this State, including, but not limited to, a naval shipyard, a military base or a facility of the United States Department of Veterans Affairs, pursuant to this section. [PL 2025, c. 371, §1 (NEW).]

1. Application. A civilian federal firefighter may apply for inclusion in the database by providing a copy of the notice that the firefighter's position has been terminated due to a reduction in force at or closure of a federal installation in this State. [PL 2025, c. 371, §1 (NEW).]

2. Distribution. The department shall distribute or make available from the database a list of displaced civilian federal firefighters to municipalities that maintain a municipal fire department pursuant to Title 30‑A, chapter 153 . [PL 2025, c. 371, §1 (NEW).]

3. Term. The name of a displaced civilian federal firefighter in the database must be maintained for no less than 4 years unless the department is notified that the firefighter has requested to be removed from the database. [PL 2025, c. 371, §1 (NEW).]

4. Consultation. The department may consult with organizations that represent the interests of civilian federal firefighters when establishing the database. [PL 2025, c. 371, §1 (NEW).]
26 M.R.S. § 1164 — ME Code / Title 26 / Chapter 13 / Section 1164
26 §1164. Special Administrative Expense Fund
Status: in_force

The Special Administrative Expense Fund is created as a special fund in the State Treasury. All interest, fines and penalties collected under this chapter and all voluntary contributions tendered as a contribution to this fund must be paid into this fund. The money may not be expended or available for expenditure in any manner that would permit its substitution for, or a corresponding reduction in, federal funds that would in the absence of that money be available to finance expenditures for the administration of the Employment Security Law. Nothing in this section prevents the money from being used as a revolving fund to cover expenditures, necessary and proper under the law, for which federal funds have been duly requested but not yet received, subject to the charging of those expenditures against those funds when received. The money in this fund must be used by the commissioner either for the payment of costs of administration that are found not to have been properly and validly chargeable against federal grants or other funds received for or in the Employment Security Administration Fund on or after January 1, 1943, to finance the Maine Wage Assurance Fund established in section 632 ; for the payment of costs of administering chapter 26 , for which federal funds are not available; or to fund activities that will improve the solvency of the Unemployment Compensation Fund. The money must be available either to satisfy the obligations incurred by the bureau directly or by requesting the Treasurer of State to transfer the required amount from the Special Administrative Expense Fund to the Employment Security Administration Fund or the Maine Wage Assurance Fund. The Treasurer of State shall upon receipt of a written request of the commissioner make any such transfer. The commissioner shall give notice to the commission prior to any expenditures from this fund. The commissioner shall order the transfer of the funds or the payment of any such obligation and the funds must be paid by the Treasurer of State on requisitions drawn by the commissioner directing the State Controller to issue the State Controller's warrant for them. The warrant must be drawn by the State Controller based upon bills of particulars and vouchers certified by an officer or employee designated by the commissioner. The money in this fund is specifically made available to replace, within a reasonable time, any money received by this State pursuant to section 302 of the Federal Social Security Act as amended that, because of any action or contingency, has been lost or has been expended for purposes other than, or in amounts in excess of, those necessary for the proper administration of the Employment Security Law. The money in this fund must be continuously available to the commissioner for expenditure in accordance with this section and may not lapse at any time or be transferred to any other fund except as provided. Any money in the Special Administrative Expense Fund may be used to make refunds of interest, penalties or fines erroneously collected and deposited in the Special Administrative Expense Fund. On June 30th of each year all money in excess of $100,000 in this fund must be transferred to the Unemployment Compensation Fund. [PL 1999, c. 464, §5 (AMD).]
26 M.R.S. § 979-U — ME Code / Title 26 / Chapter 9-B / Section 979-U
26 §979-U. Obligations during interim between contracts (REALLOCATED FROM TITLE 26, SECTION 979-T)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 979-T)

During the interim after the expiration of a collective bargaining agreement and before the effective date of any subsequent collective bargaining agreement, state employees covered by the expired collective bargaining agreement remain eligible for and must receive merit increases in accordance with the terms and conditions set forth in the expired collective bargaining agreement. [PL 2019, c. 393, §1 (NEW); RR 2019, c. 1, Pt. A, §32 (RAL).]
26 M.R.S. § 629 — ME Code / Title 26 / Chapter 7 / Section 629
26 §629. Unfair agreements
Status: in_force

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 such compensation should be returned to the person, firm or corporation for any reason other than for the payment of a loan, debt or advance made to the person, or for the payment of any merchandise purchased from the employer or for sick or accident benefits, or life or group insurance premiums, excluding compensation insurance, that an employee has agreed to pay, or for rent, light or water expense of a company-owned house or building. This section does not apply to work performed in agriculture or in or about a private home. [PL 2007, c. 524, §1 (RPR).]

2. Debt. For purposes of this subchapter, "debt" means a benefit to the employee. "Debt" does not include items incurred by the employee in the course of the employee's work or dealing with customers on the employer's behalf, such as cash shortages, inventory shortages, dishonored checks, dishonored credit cards, damages to the employer's property in any form or any merchandise purchased by a customer. “Debt” does not include uniforms, personal protective equipment or other tools of the trade that are considered to be primarily for the benefit or convenience of the employer. As used in this subsection, “uniforms” means shirts or other items of clothing bearing the company name or logo. The employer may not mandate that an employee pay for the cleaning and maintenance of a uniform, but may have a written agreement whereby the employee chooses to have a payroll deduction for the cost of cleaning and maintenance. [PL 2007, c. 524, §1 (RPR).]

3. Penalty. An employer is liable to an employee for the amount returned to the employer by that employee as prohibited in this section. [PL 2007, c. 524, §1 (RPR).]

4. Deduction of service fees. Public employers may deduct service fees owed by an employee to a collective bargaining agent from the employee's pay, without signed authorization from the employee, and remit those fees to the bargaining agent, as long as: A. The fee obligation arises from a lawfully executed and implemented collective bargaining agreement; and [PL 2007, c. 524, §1 (RPR).] B. In the event a fee payor owes any arrears on the payor's fee obligations, the deduction authorized under this subsection may include an installment on a payment plan to reimburse all arrears, but may not exceed in each pay period 10% of the gross pay owed. [PL 2007, c. 524, §1 (RPR).] [PL 2007, c. 524, §1 (RPR).]
26 M.R.S. § 1036 — ME Code / Title 26 / Chapter 12 / Section 1036
26 §1036. Continuation of grievance arbitration provisions
Status: in_force

If a contract between a public employer and a bargaining agent signed after October 1, 2005 expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract remain in effect until the parties execute a new contract. In any arbitration that is conducted pursuant to this section, an arbitrator shall apply only those provisions enforceable by virtue of the static status quo doctrine and may not add to, restrict or modify the applicable static status quo following the expiration of the contract, unless the parties have otherwise agreed in the collective bargaining agreement. All such grievances that are appealed to arbitration are subject exclusively to the grievance and arbitration process contained in the expired agreement and the board does not have jurisdiction over such grievances. The arbitrator's determination is subject to appeal pursuant to the Uniform Arbitration Act. Disputes over which provisions in an expired contract are enforceable by virtue of the static status quo doctrine first must be resolved by the board, subject to appeal pursuant to applicable law. The grievance arbitration is stayed pending resolution of this issue by the board. The board may adopt rules as necessary to establish a procedure to implement the intent of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Nothing in this section expands, limits or modifies the scope of any grievance arbitration provisions, including procedural requirements. [PL 2005, c. 324, §3 (NEW).]
26 M.R.S. § 643 — ME Code / Title 26 / Chapter 7 / Section 643
26 §643. Transportation of workers
Status: in_force

1. Requirement. An employer shall provide safe transportation for workers between the workers' lodgings and work sites each day at no cost to the workers. A. A vehicle used to transport workers must meet the standards set forth in 29 Code of Federal Regulations, Section 500.105, regardless of the number of miles traveled or the type of vehicle used, and must include a working seat belt for each worker being transported. Any vehicle used to transport workers may not have any apparatus attached to the rear of the vehicle that interferes with the operation of the rear door. Equipment or any other materials that interfere with the operation of any doors or windows may not be attached to or stored in the vehicle. The number of occupants in any vehicle, other than a bus, may not exceed the manufacturer's design specifications except in no instance may it exceed 12 at any time. In the case of a 15-passenger van, compliance with this standard must be achieved by removal of the seating immediately behind the rear axle, resulting in the number of passengers in the vehicle at any one time not exceeding 11. Attachments are not allowed on the roofs of vans for the purpose of carrying gear. [PL 2009, c. 201, §3 (AMD).] B. Any person driving a vehicle used to transport workers must meet the driver qualifications and must follow the standards for driving set forth in 29 Code of Federal Regulations, Section 500.105. [PL 2003, c. 616, §1 (NEW).] C. Each vehicle used to transport workers must be equipped with a first aid kit consistent with 29 Code of Federal Regulations, section 1910.266, Appendix A and communications equipment capable of providing the most immediate access to emergency medical services. A vehicle equipped with such equipment and a driver must be available at or near the work site at all times during the work day. Emergency action plans, written in easily understandable English and in the language of the worker crews, must be developed and maintained for each job site. Plans must include information on how to transport injured workers to the nearest emergency facility and how to direct emergency workers to the location of an injured worker who can not be moved. [PL 2009, c. 201, §3 (AMD).] D. An employer must make reasonable efforts to limit the driving hours of any one driver in a day and to reduce driver fatigue generally. Hours of operation must also comply with the limitations set forth in 29 Code of Federal Regulations, Section 500.105. Except in an emergency, a worker who engages in reforestation or agricultural labor activities may not operate a vehicle more than 2 hours per day. For purposes of this paragraph, "agricultural labor" has the same meaning as in section 1043, subsection 1 . [PL 2009, c. 201, §3 (AMD).] E. A vehicle used to transport workers must be insured for at least the same minimum liability insurance as is required by the State. [PL 2003, c. 616, §1 (NEW).] F. Each employer shall provide to each worker and to the Department of Labor a copy of off-road driving safety standards consistent with those promoted in relevant safe driver training courses. [PL 2003, c. 616, §1 (NEW).] G. Each contract regarding or resulting in the employment of any worker must include a provision requiring the contractor who employs such workers to abide by this subchapter. [PL 2009, c. 201, §3 (AMD).] [PL 2009, c. 201, §3 (AMD).]
26 M.R.S. § 1052 — ME Code / Title 26 / Chapter 13 / Section 1052
26 §1052. Method of mail for required notices
Status: in_force

The bureau may not send a notice to an individual as required under this chapter exclusively by electronic mail without first allowing the individual the opportunity to elect to receive that notice exclusively by electronic mail. [PL 2023, c. 53, §2 (NEW).]
26 M.R.S. § 3205 — ME Code / Title 26 / Chapter 37 / Section 3205
26 §3205. Apprenticeship agreement
Status: in_force

An apprenticeship agreement must contain, explicitly or by reference: [PL 2011, c. 491, §13 (NEW).]

1. Names. The names and signatures of the contracting parties, including the apprentice and the sponsor or employer, and the name and signature of a parent or guardian of the apprentice if the apprentice is a minor; [PL 2011, c. 491, §13 (NEW).]

2. Apprentice. To conform to the federal Equal Employment Opportunity Act of 1972, 42 United States Code, Chapter 21, subchapter VI and for affirmative action compliance in apprenticeship programs, the date of birth, contact information and, on a voluntary basis, the social security number of the apprentice and a request for demographic data, including the apprentice's race, sex, ethnicity and disability status; [PL 2021, c. 95, §1 (AMD).]

3. Contact information. Contact information of the sponsor and registration agency; [PL 2011, c. 491, §13 (NEW).]

4. Occupation; term. A statement of the occupation in which the apprentice is to be trained and the beginning date and term of apprenticeship; [PL 2011, c. 491, §13 (NEW).]

5. Hours. A statement setting forth: A. For an apprenticeship program using the time-based approach under section 3203, subsection 1, paragraph B, the number of hours to be spent by the apprentice in on-the-job learning; for an apprenticeship program using the competency-based approach under section 3203, subsection 1, paragraph B, a description of the skill sets to be attained to complete the program, including the on-the-job learning component; and, for an apprenticeship program using the hybrid approach under section 3203, subsection 1, paragraph B , the minimum number of hours to be spent by the apprentice in on-the-job learning and a description of the skill sets to be attained to complete the program; and [PL 2011, c. 491, §13 (NEW).] B. The number of hours, which must be at least 144 hours per year, to be spent by the apprentice in related instruction; [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

6. Schedule. A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process; [PL 2011, c. 491, §13 (NEW).]

7. Wages. A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated; [PL 2011, c. 491, §13 (NEW).]

8. Probationary period. Statements providing: A. For a specific period of probation during which the apprenticeship agreement may be cancelled by either party to the agreement upon written notice to the registration agency, without adverse impact on the sponsor; and [PL 2011, c. 491, §13 (NEW).] B. That, after the probationary period in paragraph A , the apprenticeship agreement may be: (1) Cancelled at the request of the apprentice; or (2) Suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action and with written notice to the apprentice and to the department of the final action taken; [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

9. Standards. A reference incorporating as part of the agreement the standards of the apprenticeship program as they exist on the date of the agreement and as they may be amended during the period of the agreement; [PL 2011, c. 491, §13 (NEW).]

10. Equal opportunity. A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, sex, sexual orientation, gender identity, genetic information, disability or age; and [PL 2021, c. 95, §2 (AMD).]

11. Dispute resolution authority. The name, address, telephone number and e-mail address, if appropriate, of the appropriate authority designated under the apprenticeship program to receive, process and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted between the sponsor and apprentice or resolved in accordance with established procedure or applicable collective bargaining provisions. [PL 2011, c. 491, §13 (NEW).]
26 M.R.S. § 1226 — ME Code / Title 26 / Chapter 13 / Section 1226
26 §1226. Appeal of determination or assessment
Status: in_force

1. Appeal to the commission. A. An employer may appeal determinations by the commissioner or the commissioner's designated representatives made under sections 1082, subsection 14 , 1221 , 1222 , 1225 and 1228 , or an assessment made under section 1225 , to the Division of Administrative Hearings by filing an appeal, in accordance with rules that the commissioner prescribes, within 30 days after notification is mailed to the employer's last known address as it appears in the records of the bureau or, in the absence of such mailing, within 30 days after the notification is delivered. If the employer fails to perfect this appeal, the assessment or determination is final as to law and fact. [PL 2021, c. 456, §33 (AMD).] B. Upon appeal from such assessment or determination the Division of Administrative Hearings shall, after affording the appellant and the commissioner's designated representative a reasonable opportunity for a fair hearing, make finding of facts and render its decision, which may affirm, modify or reverse the action of the designated representative. The conduct of the hearings is governed by rules of the commission consistent with Title 5, section 9051 et seq. The Division of Administrative Hearings shall promptly notify the parties to the proceeding of its finding of facts and its decision. The decision is subject to appeal to the commission, which may affirm, modify or reverse the decision of the Division of Administrative Hearings based on the evidence presented or may remand the case to the Division of Administrative Hearings for further hearing pursuant to the commission's rules. The decision of the commission is subject to appeal pursuant to Title 5, section 11001 et seq. The commissioner has the right to appeal a final decision of the commission to the Superior Court. [PL 2017, c. 284, Pt. AAAAA, §4 (AMD).] [PL 2021, c. 456, §33 (AMD).]

2. Appeal to Superior Court. [PL 1977, c. 694, §481 (RP).]

3. Conclusiveness of determination. Any determination or decision duly made in proceedings under section 1082, subsection 14 or this subchapter that has become final is binding in any proceedings relating to applications or requests for refunds or credit, insofar as such determination or decision necessarily involves the issue of whether an employing unit constitutes an employer or whether services performed for, or in connection with, the business of such employing unit constitute employment. [PL 2017, c. 284, Pt. AAAAA, §4 (AMD).]
26 M.R.S. § 931-A — ME Code / Title 26 / Chapter 9 / Section 931-A
26 §931-A. Use of board member representing the public interests instead of full board
Status: in_force

The parties may agree to have any controversy that could be handled by the board under this subchapter directed to the board member selected to represent the public interests of the State or to one of the alternates from the same category. If the parties elect to use that board member, the parties must agree on the board member or alternate by name. A board member selected under this section may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or pertinent to the matter before the board member and has the same power to act on any issue and in any manner as the full board has pursuant to this subchapter. [PL 1993, c. 53, §1 (NEW).]
26 M.R.S. § 1420 — ME Code / Title 26 / Chapter 19 / Section 1420
26 §1420. Policy
Status: in_force

It is the policy of this State to encourage and enable deaf and hard-of-hearing persons to participate fully in the social and economic life of this State and to engage in remunerative employment. The provisions of rights and penalties for denial of those rights, as specified in this subarticle, are not intended to abrogate any actions or penalties provided for violation of human rights, as specified in the Maine Human Rights Act, Title 5, chapter 337 . [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 1418-J — ME Code / Title 26 / Chapter 19 / Section 1418-J
26 §1418-J. Construction of buildings
Status: in_force

If a suitable location is available for a vending facility that requires the construction of a portable building, the division may construct such a building and may have the use of the land on which to construct the building. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 564 — ME Code / Title 26 / Chapter 6 / Section 564
26 §564. Establishment of board; purpose
Status: in_force

The Board of Occupational Safety and Health as established by Title 5, section 12004‑G, subsection 24 , shall consist of 10 members of which 9 shall be appointed by the Governor. Of the 9 appointed members of the board, 3 shall represent employers; 3 shall represent employees; one shall represent an insurance company licensed to insure workers' compensation within the State and 2 shall represent the public. The 10th member of the board shall be the director. Of the 3 employer members, one shall represent state agencies, one shall represent counties within the State and one shall represent municipalities within the State. Of the 3 employee members, one shall represent state employees, one shall represent county employees and one shall represent municipal employees. [PL 1989, c. 502, Pt. A, §105 (AMD).]

The term of office for the appointed members is 4 years. In the first appointment, 3 members must be appointed for a term of 2 years, 3 members must be appointed for a term of 3 years and 3 members must be appointed for a term of 4 years. The chair must be elected biennially by the members of the board. Each member holds office until that member's successor is duly appointed and qualified. [RR 2023, c. 2, Pt. E, §7 (COR).]

In case of a vacancy in board membership, the Governor shall appoint a member of the proper classification to fill the unexpired term of the absent member. [PL 1975, c. 771, §278 (AMD).]

The board shall meet at least twice yearly at the seat of government or any other place designated by the chair. [PL 1989, c. 410, §27 (AMD).]

The 9 appointed members of the board must be compensated according to the provisions of Title 5, chapter 379. The chair of the board shall approve and countersign all vouchers for expenditures under this section. [RR 2023, c. 2, Pt. E, §8 (COR).]
26 M.R.S. § 1418-L — ME Code / Title 26 / Chapter 19 / Section 1418-L
26 §1418-L. Correctional, mental and certain educational institutions
Status: in_force

This article does not apply to or authorize the installation of vending facilities in a building wholly used by a correctional or mental institution or by an educational institution of any type supported in whole or in part from public funds, unless that educational institution is a university, college, junior college or a community college. [PL 1995, c. 560, Pt. F, §13 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
26 M.R.S. § 589 — ME Code / Title 26 / Chapter 6 / Section 589
26 §589. Exemption
Status: in_force

This subchapter does not apply to a person who, in the ordinary course of that person's business, regularly provides housing to the general public on a commercial basis and who provides to any agricultural laborer similar housing on the same or comparable terms and conditions as provided to the general public. Agricultural labor housing may not be brought within this exception simply by offering lodging to the general public. [PL 1997, c. 387, §2 (NEW).]
26 M.R.S. § 2102 — ME Code / Title 26 / Chapter 28 / Section 2102
26 §2102. Firefighter training and education
Status: in_force

1. Training and education requirements. Each fire department shall provide a training and education program that meets the fire department's needs and includes the following: A. Training and education in accordance with Title 30‑A, section 3154, subsection 2 ; [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).] B. Training and education in the use of protective equipment required by this chapter; [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).] C. Training and education by the fire chief or the fire chief's designee in accordance with National Fire Protection Association standards; [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).] D. Training and education to prevent occupational accidents, deaths, injuries and illnesses; [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).] E. Training and education for all firefighters commensurate with the duties that they are expected to perform prior to performing those duties; [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).] F. [PL 2003, c. 570, §2 (RP); PL 2003, c. 570, §7 (AFF).] G. [PL 2003, c. 570, §2 (RP); PL 2003, c. 570, §7 (AFF).] H. Training and education in the safe handling and use of hazardous substances for firefighters required to handle the substances. Training and education must include the potential hazards involved and the required personal hygiene and protective measures; and [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).] I. Training and education in the care, use, inspection, maintenance and limitations of the protective equipment assigned to firefighters for their use. [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).] [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).]

2. Records. Each fire department shall maintain complete records of individual training and education for firefighters. [PL 2003, c. 570, §2 (AMD); PL 2003, c. 570, §7 (AFF).]
26 M.R.S. § 877 — ME Code / Title 26 / Chapter 7 / Section 877
26 §877. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 576, §4 (NEW).]

1. DD Form 214. "DD Form 214" means an Armed Forces Report of Transfer or Discharge or its predecessor or successor forms. [PL 2013, c. 576, §4 (NEW).]

2. Private employer. "Private employer" means a sole proprietor, corporation, partnership, limited liability company or other entity with one or more employees. "Private employer" does not include the State, a county, a municipality, a township, a school district or a public institution of higher education. [PL 2013, c. 576, §4 (NEW).]

3. Veteran. "Veteran" means a person who has served on active duty in the United States Armed Forces, or has served in the national guard of any state or the Reserves of the United States Armed Forces, and was discharged or released with an honorable discharge. [PL 2013, c. 576, §4 (NEW).]

4. Veteran preference employment policy. "Veteran preference employment policy" means a private employer's preference for hiring, promoting or retaining a veteran over another qualified applicant or employee. [PL 2013, c. 576, §4 (NEW).]
26 M.R.S. § 586 — ME Code / Title 26 / Chapter 6 / Section 586
26 §586. Agricultural labor housing standards
Status: in_force

The bureau shall adopt rules for the protection of the health, safety and welfare of the agricultural laborers and their families who occupy housing provided, owned or controlled by their employers. These rules apply only to housing facilities of employers of agricultural labor who provide housing to more than 5 employees and whose minimum housing habitability standards are not already established under the regulations on housing promulgated by the United States Department of Labor, Occupational Safety and Health Administration under the federal Migrant and Seasonal Agricultural Worker Protection Act, 29 United States Code, Sections 1801 et seq. The rules adopted under this subchapter must be identical to the federal housing habitability regulations promulgated to protect seasonal and migrant workers under the authority of the federal Migrant and Seasonal Agricultural Worker Protection Act. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 387, §2 (NEW).]
26 M.R.S. § 937 — ME Code / Title 26 / Chapter 9 / Section 937
26 §937. Procedure in arbitration
Status: in_force

The board may hear grievance arbitration matters referred to it pursuant to a collective bargaining agreement. It may hear any labor dispute jointly referred to it for resolution by arbitration by the representatives of management and labor. In cases of arbitration, the parties concerned must submit in writing to the board the matters that they mutually agree to submit to arbitration and such other details pertinent to the issues involved as they may agree upon. When the matter is submitted to arbitration by the board, the board shall investigate the matter in controversy, shall hear all interested persons who come before it and shall make an award and written opinion, which must be published by the chair of the board and is binding on the parties who join in the agreement. [RR 2023, c. 2, Pt. E, §45 (COR).]

The board may, at any time in the arbitration process, seek a stipulated settlement of the matter submitted to it for resolution provided that settlement is approved by the parties to the dispute. Except as provided in section 972 , arbitration proceedings shall be subject to the review provisions of the Uniform Arbitration Act, Title 14, chapter 706 . [PL 1985, c. 294, §§ 2 and 3 (NEW).]
26 M.R.S. § 53 — ME Code / Title 26 / Chapter 3 / Section 53
26 §53. Additional penalties
Status: in_force

In addition to any penalties provided in chapter 7, subchapters 1 to 4 , the director may assess a fine against an employer, officer, agent or other person that violates any provision of chapter 7, subchapters 1 to 4 for each violation of those subchapters. The fine may not exceed $1,000 or the amount provided in law or rule as a penalty for the specific violation, whichever is less. In addition, the director may order any employer, officer, agent or other person that the director finds is in violation under chapter 7, subchapters 1 to 4 or section 1312 to pay unpaid wages determined to be due, as well as an additional amount equal to twice the amount of unpaid wages as liquidated damages and a reasonable rate of interest. The Attorney General, upon complaint of the director, shall institute a civil action to recover the fine and any unpaid wages, liquidated damages and interest. Whether through private right of action, through order of the director or through civil action of the Attorney General, an employee may not receive payment more than once for the same unpaid wages and liquidated damages owed. Any civil fine or penalty recovered must be deposited with the Treasurer of State. The Department of Labor is authorized to receive the payment of unpaid wages, liquidated damages and interest on behalf of an employee. The director must pay these sums to the employee in their entirety. The director shall adopt rules to govern the administration of the civil money fine or penalty provisions. The rules must include a right of appeal by the employer and a range of monetary assessments with consideration given to the size of the employer's business, the good faith of the employer, the gravity of the violation and the history of previous violations. The rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 651, §1 (AMD).]
26 M.R.S. § 775 — ME Code / Title 26 / Chapter 7 / Section 775
26 §775. Work permits
Status: in_force

1. Work permit authority. A minor under 16 years of age may not be employed without a work permit signed by the superintendent of schools of the school administrative unit in which the minor resides and issued to the minor by the bureau. The superintendent may designate a school official to sign a work permit and that official is directly responsible to the superintendent for this activity. [PL 2001, c. 398, Pt. A, §1 (AMD).]

2. Conditions for signature. The superintendent shall sign a permit in the following circumstances: A. If the school is in session or the minor is attending summer school, the minor must be enrolled in school, not truant, not under suspension and passing a majority of courses during the current grading period. Upon request of the minor, the superintendent may waive the requirements for one grading period if, in the opinion of the superintendent, there are extenuating circumstances or if imposing the requirements would create an undue hardship for the minor; [PL 2011, c. 614, §21 (AMD).] B. If school is not in session, the minor must furnish to the superintendent a certificate signed by the principal of the school last attended showing that the minor has satisfactorily completed kindergarten to grade 8 in the public schools or their equivalent. If the certificate can not be obtained, the superintendent shall examine the minor to determine whether the minor meets these educational standards; [PL 1991, c. 713, §5 (AMD); PL 1991, c. 713, §9 (AFF).] C. If the minor has been granted an exception to compulsory education under Title 20‑A, section 5001‑A, subsection 2 , the minor must only submit proof of age as provided in subsection 3 ; or [PL 1991, c. 713, §5 (AMD); PL 1991, c. 713, §9 (AFF).] D. If school is in session, the superintendent may have signed only one work permit for the minor at any given time. The superintendent may sign 2 work permits for the minor for the summer vacation period. [PL 2001, c. 398, Pt. A, §1 (AMD).] [PL 2011, c. 614, §21 (AMD).]

3. Proof of age. The superintendent may issue a permit only upon receiving and examining satisfactory evidence of the minor's age. Satisfactory evidence consists of a certified copy of the minor's birth certificate or baptismal record, a passport showing the date of birth or other documentary evidence of age satisfactory to the superintendent and approved by the director. The superintendent may require, in doubtful cases, a certificate signed by a physician appointed by the school board, stating that the minor has been examined and, in that physician's opinion, has reached the normal development of a minor of the same age and is in sufficiently sound health and physically able to perform the work the minor intends to do. [PL 2001, c. 398, Pt. A, §1 (AMD).]

3-A. Issuance of work permit. The director or the director's agent shall issue the work permit to the minor upon verification: A. Of the proper approval by the superintendent or other designated school official; and [PL 2001, c. 398, Pt. A, §1 (NEW).] B. That the employment conforms with the provisions of this subchapter. [PL 2001, c. 398, Pt. A, §1 (NEW).] The superintendent's office shall distribute the work permit to the minor. The work permit is valid only for the employer and positions listed on the permit as issued by the bureau. [PL 2001, c. 398, Pt. A, §1 (NEW).]

4. Conditions for revocation. The superintendent may revoke the work permit issued to a minor by the bureau if the superintendent determines that the minor has not maintained the conditions for issuance of the work permit under subsection 2, paragraph A . The superintendent shall revoke 2nd work permits at the end of the summer vacation in accordance with the limits imposed by subsection 2, paragraph D . The superintendent shall notify the director and the minor's employer in writing upon revoking a minor's work permit. The revocation is effective upon receipt by the employer of the superintendent's notice. The bureau may revoke the work permit if the director determines the minor has not been employed in accordance with section 771 , section 772 , section 773‑A or section 774 or if the bureau has determined that the permit was improperly signed. The director shall notify the superintendent and the minor's employer in writing upon revoking a minor's work permit. [PL 2017, c. 286, §6 (AMD).]

5. Permit on file. The employer shall keep all work permits issued for the employer's minor employees on file and accessible to any attendance officer or agent of the director charged with the enforcement of this subchapter. [PL 2017, c. 286, §7 (AMD).]

6. Exception. This section does not apply to minors engaged in work performed in the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances or to minors engaged in household work. Minors who are participants in summer youth employment and training programs funded by the Department of Labor are exempt from obtaining individual permits as long as the program employing the minor has submitted a notice to the director. [PL 2017, c. 286, §8 (AMD).]
26 M.R.S. § 1412 — ME Code / Title 26 / Chapter 19 / Section 1412
26 §1412. Misuse of lists and records
Status: in_force

Except for purposes directly connected with the administration of the rehabilitation program and in accordance with its rules, it is unlawful for a person or individual to solicit, disclose, receive or make use of, authorize, knowingly permit or participate in or acquiesce in the use of a list of names of, or information concerning, individuals applying for or receiving rehabilitation when that list or information is directly or indirectly derived from the records, papers, files or communications of the State or subdivisions of the State or acquired in the course of the performance of official duties. A person who violates a provision of this section is subject to a fine of not less than $50 nor more than $300 or by imprisonment for not more than 60 days, or both. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 684 — ME Code / Title 26 / Chapter 7 / Section 684
26 §684. Imposition of tests
Status: in_force

1. Testing of applicants. An employer may require, request or suggest that an applicant submit to a substance use test only if: A. The applicant has been offered employment with the employer; or [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. The applicant has been offered a position on a roster of eligibility from which applicants will be selected for employment. The number of persons on this roster of eligibility may not exceed the number of applicants hired by that employer in the preceding 6 months. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 536, §§2, 3 (AFF).] The offer of employment or offer of a position on a roster of eligibility may be conditioned on the applicant receiving a negative test result. [PL 2017, c. 407, Pt. A, §108 (AMD).]

2. Probable cause testing of employees. An employer may require, request or suggest that an employee submit to a substance use test if the employer has probable cause to test the employee. A. The employee's immediate supervisor, other supervisory personnel, a licensed physician or nurse, or the employer's security personnel must make the determination of probable cause. [PL 2017, c. 407, Pt. A, §108 (AMD).] B. The supervisor or other person must state, in writing, the facts upon which the determination made under paragraph A is based and provide a copy of the statement to the employee. [PL 2017, c. 407, Pt. A, §108 (AMD).] [PL 2017, c. 407, Pt. A, §108 (AMD).]

3. Random or arbitrary testing of employees. In addition to testing employees on a probable cause basis under subsection 2 , an employer may require, request or suggest that an employee submit to a substance use test on a random or arbitrary basis if: A. The employer and the employee have bargained for provisions in a collective bargaining agreement, either before or after the effective date of this subchapter, that provide for random or arbitrary testing of employees. A random or arbitrary testing program that would result from implementation of an employer's last best offer is not considered a provision bargained for in a collective bargaining agreement for purposes of this section; [PL 2003, c. 547, §2 (AMD).] B. The employee works in a position the nature of which would create an unreasonable threat to the health or safety of the public or the employee's coworkers if the employee were under the influence of a substance. It is the intent of the Legislature that the requirements of this paragraph be narrowly construed; or [PL 2017, c. 407, Pt. A, §108 (AMD).] C. The employer has established a random or arbitrary testing program under this paragraph that applies to all employees, except as provided in subparagraph (4), regardless of position. (1) An employer may establish a testing program under this paragraph only if the employer has 50 or more employees who are not covered by a collective bargaining agreement. (2) The written policy required by section 683, subsection 2 with respect to a testing program under this paragraph must be developed by a committee of at least 10 of the employer's employees. The employer shall appoint members to the committee from a cross-section of employees who are eligible to be tested. The committee must include a medical professional who is trained in procedures for testing for substances. If no such person is employed by the employer, the employer shall obtain the services of such a person to serve as a member of the committee created under this subparagraph. (3) The written policy developed under subparagraph (2) must also require that selection of employees for testing be performed by a person or entity not subject to the employer's influence, such as a medical review officer. Selection must be made from a list, provided by the employer, of all employees subject to testing under this paragraph. The list may not contain information that would identify the employee to the person or entity making the selection. (4) Employees who are covered by a collective bargaining agreement are not included in testing programs pursuant to this paragraph unless they agree to be included pursuant to a collective bargaining agreement as described under paragraph A . (5) Before initiating a testing program under this paragraph, the employer shall obtain from the Department of Labor approval of the policy developed by the employee committee, as required in section 686 . If the employer does not approve of the written policy developed by the employee committee, the employer may decide not to submit the policy to the department and not to establish the testing program. The employer may not change the written policy without approval of the employee committee. (6) The employer may not discharge, suspend, demote, discipline or otherwise discriminate with regard to compensation or working conditions against an employee for participating or refusing to participate in an employee committee created pursuant to this paragraph. [PL 2017, c. 407, Pt. A, §108 (AMD).] [PL 2017, c. 407, Pt. A, §108 (AMD).]

4. Testing while undergoing rehabilitation or treatment. While the employee is participating in a substance use rehabilitation program either as a result of voluntary contact with or mandatory referral to the employer's employee assistance program or after a confirmed positive result as provided in section 685, subsection 2, paragraphs B and C , substance use testing may be conducted by the rehabilitation or treatment provider as required, requested or suggested by that provider. A. Substance use testing conducted as part of such a rehabilitation or treatment program is not subject to the provisions of this subchapter regulating substance use testing. [PL 2017, c. 407, Pt. A, §108 (AMD).] B. An employer may not require, request or suggest that any substance use test be administered to any employee while the employee is undergoing such rehabilitation or treatment, except as provided in subsections 2 and 3 . [PL 2017, c. 407, Pt. A, §108 (AMD).] C. The results of any substance use test administered to an employee as part of such a rehabilitation or treatment program may not be released to the employer. [PL 2017, c. 407, Pt. A, §108 (AMD).] [PL 2017, c. 407, Pt. A, §108 (AMD).]

5. Testing upon return to work. If an employee who has received a confirmed positive result returns to work with the same employer, whether or not the employee has participated in a rehabilitation program under section 685, subsection 2 , the employer may require, request or suggest that the employee submit to a subsequent substance use test anytime between 90 days and one year after the date of the employee's prior test. A test may be administered under this subsection in addition to any tests conducted under subsections 2 and 3 . An employer may require, request or suggest that an employee submit to a substance use test during the first 90 days after the date of the employee's prior test only as provided in subsections 2 and 3 . [PL 2017, c. 407, Pt. A, §108 (AMD).]
26 M.R.S. § 1313 — ME Code / Title 26 / Chapter 15 / Section 1313
26 §1313. Existing contracts
Status: in_force

Sections 1304 to 1313 apply only to contracts for construction on public works let after January 1, 1968 and to construction on public works for which there has been determined the fair minimum wage and benefits rates as provided in sections 1304 to 1313 and that determination has not been appealed as provided by section 7 . [PL 1997, c. 757, §10 (AMD).]
26 M.R.S. § 774 — ME Code / Title 26 / Chapter 7 / Section 774
26 §774. Hours of employment
Status: in_force

1. Minors 16 and 17 years of age. A minor 16 years of age or older and under 18 years of age, enrolled in school, may not be employed as follows: A. More than 50 hours in any week when the minor's school is not in session; [PL 2003, c. 53, §1 (AMD).] B. More than 24 hours in any week when the minor's school is in session. In addition, the maximum weekly hours a minor may work is 50 hours during any week that the approved school calendar for the minor's school is less than 3 days or during the first or last week of the school calendar, regardless of how many days the minor's school is in session for the week. If requested, a school must provide verification of its closings to the minor's employer or the Department of Labor; [PL 2011, c. 174, §1 (AMD).] C. More than 10 hours in any day when the minor's school is not in session; [PL 2003, c. 53, §1 (AMD).] D. More than 6 hours in any day when the minor's school is in session, except that the minor may work up to 8 hours on the last scheduled day of the school week; [PL 2011, c. 174, §2 (AMD).] E. More than 6 consecutive days; [PL 1993, c. 434, §3 (AMD).] F. After 10:15 p.m. on a day preceding a day on which the minor's school is in session or after 12 midnight on a day that does not precede such a school day; or [PL 2011, c. 174, §3 (AMD).] G. Before 7 a.m. on a day on which the minor's school is in session or before 5 a.m. on any other day. [PL 2003, c. 53, §1 (AMD).] [PL 2017, c. 286, §5 (AMD).]

2. Minors under 16 years of age. A minor under 16 years of age may not be employed as follows: A. More than 40 hours in any week when school is not in session; [PL 1991, c. 544, §5 (NEW).] B. More than 18 hours in any week when school is in session; [PL 1991, c. 544, §5 (NEW).] C. More than 8 hours in any day when school is not in session; [PL 1991, c. 544, §5 (NEW).] D. More than 3 hours in any day when school is in session; [PL 1991, c. 544, §5 (NEW).] E. More than 6 consecutive days; or [PL 1991, c. 544, §5 (NEW).] F. Between the hours of 7 p.m. and 7 a.m. except during summer vacation, when that minor may not work between the hours of 9 p.m. and 7 a.m. [PL 1993, c. 434, §4 (AMD).] [PL 1993, c. 434, §4 (AMD).]

3. Employment during hours school in session. A minor under 17 years of age may not be employed during the hours that the public schools of the town or city in which the minor resides are in session. A. This subsection does not apply to: (1) A minor who has been excused from attendance by school officials in accordance with Title 20‑A, section 5001‑A, subsection 2 or subsection 3 , except that a minor who has been excused in accordance with subsection 3 may not be employed during the hours that the minor's school or approved home instruction program is in session; (2) A student in an alternative education plan that includes a work experience component; (3) A student in an approved vocational cooperative education program; or (4) A student who is granted permission for an early school release by the school principal. [PL 1991, c. 713, §2 (AMD).] The hours worked by a student in an alternative education plan or in an approved vocational cooperative education program may not be included in determining the student's total hours of permitted employment under subsection 1 and subsection 2 . [PL 1991, c. 713, §2 (AMD).]

4. Exemptions. Work performed in the planting, cultivating or harvesting of field crops or other agricultural employment, including the initial processing of farm crops, not in direct contact with hazardous machinery or hazardous substances, work performed as an employed or in-training theatrical actor or film actor or work performed as a summer camp employee in a youth camp licensed under Title 22, section 2495 is exempt from this section, provided a minor under 16 years of age has been excused by the local superintendent of schools in accordance with the policy established by the Commissioner of Education and the Director of the Bureau of Labor Standards. Work performed in the taking or catching of lobsters, fish or other marine organisms by any methods or means, or in the operating of ferries or excursion boats, is exempt from subsection 1, paragraphs A and C . [PL 2009, c. 211, Pt. B, §23 (AMD).]

5. Application. This section does not apply to a person who holds a high school diploma or a high school equivalency certificate issued pursuant to Title 20‑A, section 257 or to a minor emancipated pursuant to Title 15, section 3506‑A . [PL 1991, c. 713, §4 (NEW).]

6. In session. School is considered in session if the students are required to be in attendance by the school board pursuant to Title 20‑A, chapter 211 . [PL 1997, c. 131, §2 (NEW).]

7. Record of work hours of minors. Every employer shall keep a time book or record for every minor employed in any occupation, except household work or the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances, stating the number of hours worked by each minor on each day of the week. The time book or record must be open at all reasonable hours to the inspection of the director, a deputy of the director or any authorized agent of the bureau. An employer who fails to keep the time book or record required by this subsection or who makes any false entry to the time book or record, refuses to exhibit the time book or record or makes any false statement to the director, a deputy of the director or any authorized agent of the bureau in reply to any question in carrying out this section is liable for a violation of this section and is subject to penalties specified in section 781 . [PL 2017, c. 219, §18 (NEW).]
26 M.R.S. § 580 — ME Code / Title 26 / Chapter 6 / Section 580
26 §580. Standards
Status: in_force

It is declared the public policy of the State of Maine that all workers engaged in agricultural labor in the State shall be protected from hazards to their safety or health and that working conditions shall be maintained that will be reasonably free of hazards to their safety and health. [PL 1971, c. 446, §5 (NEW).]
26 M.R.S. § 638 — ME Code / Title 26 / Chapter 7 / Section 638
26 §638. Leave for appointments for veterans (REALLOCATED FROM TITLE 26, SECTION 637)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 637)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employer" means a public or private employer. [PL 2019, c. 350, §1 (NEW); RR 2019, c. 1, Pt. A, §30 (RAL).] B. "Paid leave" has the same meaning as in section 636, subsection 1, paragraph C . [PL 2019, c. 350, §1 (NEW); RR 2019, c. 1, Pt. A, §30 (RAL).] C. "Veteran" means an employee who is a veteran, as defined in section 877, subsection 3 . [PL 2019, c. 350, §1 (NEW); RR 2019, c. 1, Pt. A, §30 (RAL).] [PL 2019, c. 350, §1 (NEW); RR 2019, c. 1, Pt. A, §30 (RAL).]

2. Leave. Pursuant to this subsection, an employer shall allow a veteran to take time away from work to attend a scheduled appointment at a medical facility operated by the United States Department of Veterans Affairs, as long as the veteran gives the employer notice of the appointment as soon as reasonably possible. A. If an employer provides paid leave, the employer shall allow a veteran to use available paid leave to attend a scheduled appointment at a medical facility operated by the United States Department of Veterans Affairs. If a veteran has used all available paid leave, the employer shall grant unpaid leave to the veteran to attend the appointment. [PL 2019, c. 350, §1 (NEW); RR 2019, c. 1, Pt. A, §30 (RAL).] B. If an employer does not provide paid leave, the employer shall grant unpaid leave to a veteran to attend a scheduled appointment at a medical facility operated by the United States Department of Veterans Affairs. [PL 2019, c. 350, §1 (NEW); RR 2019, c. 1, Pt. A, §30 (RAL).] [PL 2019, c. 350, §1 (NEW); RR 2019, c. 1, Pt. A, §30 (RAL).]
26 M.R.S. § 854 — ME Code / Title 26 / Chapter 7 / Section 854
26 §854. Offers
Status: in_force

A person who customarily and repeatedly offers to accept employment in place of employees involved in a labor, strike or lockout may not take or offer to take the place of employment of any employee involved in a labor, strike or lockout. [RR 2023, c. 2, Pt. E, §36 (COR).]
26 M.R.S. § 841 — ME Code / Title 26 / Chapter 7 / Section 841
26 §841. Not subject to rule against perpetuities
Status: in_force

A trust of real or personal property, or real and personal property combined, created by an employer as part of a stock bonus, pension, disability, death benefit or profit-sharing plan for the benefit of some or all of the employer's employees, to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees the earnings or the principal, or both earnings and principal, of the fund held in trust, may continue in perpetuity or for such time as may be necessary to accomplish the purpose for which it is created and may not be invalid as violating any rule of law against perpetuities or suspension of the power of alienation of the title to property. [RR 2023, c. 2, Pt. E, §31 (COR).]

A rule of law against perpetuities or suspension of the power of alienation of the title to property may not operate to invalidate any trust created or attempted to be created, prior to August 20, 1951, by an employer as a part of a stock bonus, pension, disability, death benefit or profit-sharing plan for the benefit of some or all of the employer's employees to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees earnings or principal, or both earnings and principal, of the fund held in trust, unless the trust is terminated by a court of competent jurisdiction in a civil action instituted within 3 years after August 20, 1951. [RR 2023, c. 2, Pt. E, §31 (COR).]
26 M.R.S. § 2162 — ME Code / Title 26 / Chapter 32 / Section 2162
26 §2162. Administration; funding
Status: in_force

The program must be conducted under the auspices of the education delivery system. [PL 1993, c. 306, §3 (RPR).]
26 M.R.S. § 602 — ME Code / Title 26 / Chapter 7 / Section 602
26 §602. Enforcement and penalty
Status: in_force

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. [PL 1985, c. 212 (NEW).]

2. Discharge or discrimination. Any employer who discharges or in any other manner discriminates against any employee because the employee makes a complaint to the director, the district attorney or the Attorney General concerning a violation of this subchapter, commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. [PL 1985, c. 212 (NEW).]

3. Injunction. If any provision of this subchapter is violated, the Attorney General may seek an injunction in the Superior Court to enjoin any further violations or to compel the reinstatement of an employee discharged or discriminated against as described in subsection 2 . [PL 1985, c. 212 (NEW).]
26 M.R.S. § 786 — ME Code / Title 26 / Chapter 7 / Section 786
26 §786. Traffic control duties
Status: in_force

1. Traffic control duties permitted. Notwithstanding any other provision of this article, a minor who is 14 years of age or older and is a volunteer participant in a career-oriented law enforcement program may perform traffic control duties in accordance with this section. [PL 2013, c. 142, §2 (NEW).]

2. Training. A minor may not perform traffic control duties under this section until the minor has received traffic control training in accordance with the requirements of the supervising law enforcement agency. Proof of the minor's successful completion of the training must be maintained by the law enforcement agency. [PL 2013, c. 142, §2 (NEW).]

3. Supervision. A minor may perform traffic control duties only under direct supervision of a law enforcement officer as part of a career-oriented law enforcement program. This supervision must: A. Be from a close distance so that the officer does not become distracted or perform other duties; and [PL 2013, c. 142, §2 (NEW).] B. Include means of radio contact in the event that the minor needs to contact another officer for assistance. [PL 2013, c. 142, §2 (NEW).] [PL 2013, c. 142, §2 (NEW).]

4. Limitations on events. A minor may perform traffic control duties only at civic events, fair parking lots, parades, walks, foot races, car shows and charity events. [PL 2013, c. 142, §2 (NEW).]

5. Limitations on locations. A minor may not: A. Direct traffic or pedestrians on busy roadways or thoroughfares; [PL 2013, c. 142, §2 (NEW).] B. Assist in traffic control at places of heightened danger such as traffic stops or roadblocks; [PL 2013, c. 142, §2 (NEW).] C. Direct traffic in conjunction with crowd control or riot control; [PL 2013, c. 142, §2 (NEW).] D. Collect donations at a traffic light; [PL 2013, c. 142, §2 (NEW).] E. Direct traffic at funeral processions; or [PL 2013, c. 142, §2 (NEW).] F. Direct traffic at the scene of an emergency. [PL 2013, c. 142, §2 (NEW).] [PL 2013, c. 142, §2 (NEW).]

6. Night activities prohibited. A minor may perform the activities authorized under this section only during the period from sunrise to sunset. [PL 2013, c. 142, §2 (NEW).]
26 M.R.S. § 687 — ME Code / Title 26 / Chapter 7 / Section 687
26 §687. Rulemaking
Status: in_force

1. Department of Health and Human Services. The Department of Health and Human Services shall adopt rules under the Maine Administrative Procedure Act as provided in this subchapter. [PL 2011, c. 657, Pt. AA, §73 (AMD).]

2. Department of Labor. The Department of Labor shall adopt rules under the Maine Administrative Procedure Act, Title 5, chapter 375 , as provided in this subchapter. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

3. Coordination; deadline. The Department of Health and Human Services and the Department of Labor shall cooperate to ensure any necessary coordination between the rules of both departments. The Department of Health and Human Services and the Department of Labor shall adopt initial rules before December 1, 1989. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]
26 M.R.S. § 634 — ME Code / Title 26 / Chapter 7 / Section 634
26 §634. Continuation of health insurance coverage during strike; notice
Status: in_force

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. [PL 1981, c. 354 (NEW).]

2. Notice. The notice requirement contained in subsection 1 is satisfied if: A. The employee actually receives the written notice; [PL 1981, c. 354 (NEW).] B. The notice is mailed to the employee at an address which the employer reasonably believes is current; [PL 1981, c. 354 (NEW).] C. The notice is delivered to the employee by the same means as and along with wages due the employee; or [PL 1981, c. 354 (NEW).] D. Timely notice is given to the collective bargaining agent of the employee. [PL 1981, c. 354 (NEW).] [PL 1981, c. 354 (NEW).]
26 M.R.S. § 1221-A — ME Code / Title 26 / Chapter 13 / Section 1221-A
26 §1221-A. Employee leasing companies
Status: in_force

1. Joint and several liability. A client company is jointly and severally liable for unpaid contributions, interest and penalties due under this chapter from the employee leasing company for wages paid to employees leased to the client company. [PL 1995, c. 221, §1 (AMD).]

2. Liability for contributions. Notwithstanding any other provisions of this chapter, during the term of the employee leasing arrangement, an employee leasing company is liable for the payment of contributions, penalties and interest on wages paid to employees leased to a client company, except compensation paid to sole proprietors of or partners in the client company. [PL 1991, c. 468, §3 (NEW); PL 1991, c. 468, §6 (AFF).]

3. Reporting requirements. Until January 1, 2026, the employee leasing company shall report and pay all contributions under its state employer identification number using the employee leasing company's contribution rate. Beginning January 1, 2026, the employee leasing company shall report and pay all contributions under the client company’s state employer identification number using the client company’s contribution rate. The employee leasing company shall keep separate records and submit separate quarterly wage reports for each of its client companies to the bureau. [PL 2025, c. 235, §22 (AMD).]

4. Administration of benefits. The employee leasing company is responsible for administration of claims for unemployment insurance benefits for the employees leased to each client company. [PL 1991, c. 468, §3 (NEW).]

5. Surety bond securities. [PL 1995, c. 221, §2 (RP).]

6. Limitation on application. This section does not apply to private employment agencies that provide their employees to employers on a temporary help basis, if the private employment agencies are liable as employers for the payment of contributions on wages paid to those temporary employees. [PL 1991, c. 468, §3 (NEW).]

7. Client company ceasing to pay wages. Whenever a client company does not pay wages for a period of 12 consecutive calendar quarters following the latest calendar quarter in which it paid wages, the commissioner shall terminate the client company's account and experience rating record. If the client company subsequently becomes subject to this section after its account and experience rating record have been terminated, the client company is deemed a new employer for the purposes of this chapter and shall pay contributions at the average contribution rate as defined in section 1221, subsection 4, paragraph A . [PL 1991, c. 468, §3 (NEW).]

8. Penalty. A person or an employee leasing company that violates this chapter is subject to a forfeiture of $100 per day for each violation. A corporation, partnership, sole proprietorship or other form of business entity and an officer, director, general partner, agent, representative or employee of any of those types of business entities that knowingly uses or participates in an employee leasing agreement, arrangement or mechanism for the purpose of depriving one or more insurers of premiums or avoiding the calculation of the proper contribution rate for purposes of unemployment contributions commits a Class E crime. [PL 1995, c. 221, §3 (RPR).]

9. Rebuttable presumption. When an employee leasing company leases employees to only one client company or when the leasing company and the client company or companies are owned or controlled by the same parties or interests, directly or indirectly, by legally enforceable means or otherwise, there is a rebuttable presumption that the client company or companies entered into an employee leasing arrangement to avoid the calculation of the proper contribution rate for payment of unemployment contributions. [PL 1995, c. 221, §4 (NEW).]
26 M.R.S. § 673 — ME Code / Title 26 / Chapter 7 / Section 673
26 §673. Report
Status: in_force

1. Annual report. The Department of Labor shall provide a written report to the joint standing committee of the Legislature having jurisdiction over labor matters no later than February 15th of each year. The report must include the following specific information regarding complaints received by the department regarding each violation of the wage and hour laws under this chapter for which the department has taken final action: A. Industry; [PL 2017, c. 268, §1 (NEW).] B. Fines sought by the department; [PL 2017, c. 268, §1 (NEW).] C. Fines collected by the department; and [PL 2017, c. 268, §1 (NEW).] D. Length of time between the filing of the complaint and final resolution. [PL 2017, c. 268, §1 (NEW).] The report must also provide, in regard to violations of the wage and hour laws under this chapter, annual aggregate data on the number of complaints filed, number of resolutions of complaints and total amount of fines collected. The report required by this subsection need not include information already provided to the committee in another report required by law that is issued to the committee in the same calendar year. [PL 2017, c. 268, §1 (NEW).]
26 M.R.S. § 844 — ME Code / Title 26 / Chapter 7 / Section 844
26 §844. Family medical leave requirement
Status: in_force

1. Family medical leave entitlement. Except as provided in subsection 4, every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 work weeks of family medical leave in any 2 years unless employed at a permanent work site with fewer than 15 employees. The following conditions apply to family medical leave granted under this subchapter: A. The employee must give at least 30 days' notice of the intended date upon which family medical leave will commence and terminate, unless prevented by medical emergency from giving that notice; [PL 1987, c. 861, §§19, 20 (AMD).] B. The employer may require certification from a physician to verify the amount of leave requested by the employee, except that an employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods; and [PL 1991, c. 277, §1 (AMD).] C. The employer and employee may negotiate for more or less leave, but both parties must agree. [PL 1987, c. 661 (NEW).] [PL 2021, c. 690, §1 (AMD).]

2. Unpaid leave. Family medical leave granted under this subchapter may consist of unpaid leave. If an employer provides paid family medical leave for fewer than 10 weeks, the additional weeks of leave added to attain the total of 10 weeks required may be unpaid. [PL 1991, c. 277, §1 (AMD).]

3. Leave taken intermittently or on reduced leave schedule. Intermittent or reduced leave schedule family medical leave may be taken subject to the following limitations: A. Leave for a reason described in section 843, subsection 4, paragraph B or C may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. Subject to subsection 1, paragraphs A and B , leave for a reason described in section 843, subsection 4, paragraph A , D or E may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph may not result in a reduction in the total amount of leave to which the employee is entitled under subsection 1 beyond the amount of leave actually taken. [PL 2007, c. 233, §3 (NEW).] B. If an employee requests intermittent leave, or leave on a reduced leave schedule, for a reason described in section 843, subsection 4, paragraph A , D or E that is foreseeable based on planned medical treatment, the employer may require such employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that: (1) Has equivalent pay and benefits; and (2) Better accommodates recurring periods of leave than the regular employment position of the employee. [PL 2007, c. 233, §3 (NEW).] [PL 2007, c. 233, §3 (NEW).]

4. School employees. Notwithstanding any provision of law to the contrary, an employee of a school administrative unit who has worked at least 900 hours in the previous 12-month period is eligible for family medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993. [PL 2021, c. 690, §2 (NEW).]
26 M.R.S. § 563 — ME Code / Title 26 / Chapter 6 / Section 563
26 §563. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 519, §13 (RPR).]

1. Approved. "Approved" means as approved by the Board of Occupational Safety and Health. [PL 1975, c. 519, §13 (RPR).]

2. Board. "Board" means the Board of Occupational Safety and Health. [PL 1975, c. 519, §13 (RPR).]

3. Bureau. "Bureau" means the Bureau of Labor Standards. [PL 1989, c. 502, Pt. C, §9 (AMD).]

4. Director. "Director" means the Director of the Bureau of Labor Standards. [PL 1989, c. 502, Pt. C, §10 (AMD).]

5. Employ. "Employ" means employ, suffer or permit to work. [PL 1975, c. 519, §13 (RPR).]

6. Employee. "Employee" means any person, including a minor whether lawfully or unlawfully employed, who is employed or permitted to work by the State, a state agency, county, municipal corporation, school district or other public corporation or political subdivision. [PL 1975, c. 519, §13 (RPR).]

7. Employer. "Employer" shall mean the State, state agency, county, municipal corporation, school district or other political corporation or political subdivisions having employees. [PL 1979, c. 197, §2 (NEW).]
26 M.R.S. § 619 — ME Code / Title 26 / Chapter 7 / Section 619
26 §619. Penalties for violation
Status: in_force

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. [PL 2015, c. 343, Pt. B, §1 (NEW).]
26 M.R.S. § 3303 — ME Code / Title 26 / Chapter 39 / Section 3303
26 §3303. Industry clusters
Status: in_force

1. Specific industry clusters. The collaborative shall work with businesses, industry associations and organizations, workforce and economic development agencies, the State Workforce Development Board established in section 2006 and the boards of the local workforce investment areas designated pursuant to the federal Workforce Innovation and Opportunity Act, Public Law 113-128 and economic development entities to define specific industry clusters based on the following criteria: A. Statistics showing the competitiveness of an industry cluster; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. Importance to the State's or a region's economic development; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] C. Identification of supply and distribution chains within an industry; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] D. Research studies on industry clusters; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] E. Existing industry partnerships such as those of the health care workforce and associations of manufacturers. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2025, c. 154, §11 (AMD).]

2. Targeted industry clusters. The collaborative shall work with state and regional workforce and economic development agencies, with input from regional business and labor leaders, to identify which industry clusters are targeted for workforce and economic development investments based primarily on the following activities: A. Economic growth potential; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. Competitiveness; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] C. Employment base; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] D. Wages, benefits and career opportunities; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] E. Importance of the industry cluster to the state and regional economies; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] F. Workforce development needs. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

3. Evaluation of clusters. Once during every 3-year period, the collaborative shall contract with an independent research organization to evaluate the industry clusters as to their importance to the State’s economy and determine the need for any changes to the targeted industry clusters. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

4. Annual report. The collaborative shall issue a report annually that includes information and statistics on the targeted industry clusters, including labor market information highlighting the targeted industry clusters. The report, which must be presented to the joint standing committee of the Legislature having jurisdiction over labor, commerce, research and economic development matters, must include an occupational analysis of employment and wages within the targeted industry clusters. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

5. High-priority occupations list. The Center for Workforce Research and Information annually shall publish a list of high-priority occupations, which are those occupations that have been: A. Identified by the Center for Workforce Research and Information as providing opportunity for employment in jobs with high compensation; [PL 2017, c. 110, §30 (NEW).] B. Recommended by the State Workforce Development Board established in section 2006 ; and [PL 2025, c. 154, §12 (AMD).] C. Approved by the Governor or the Governor's designee. [PL 2017, c. 110, §30 (NEW).] [PL 2025, c. 154, §12 (AMD).]

Revisor's Note: §3303. State agencies; requirements (As enacted by PL 2013, c. 335, Pt. A, §1 is REALLOCATED TO TITLE 26, SECTION 3403)
26 M.R.S. § 596 — ME Code / Title 26 / Chapter 7 / Section 596
26 §596. Recall period
Status: in_force

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 discrimination on subsequent recalls by the employer. [PL 1989, c. 460 (NEW).]

1. Effect of exercising option. No employer may remove an employee from a "recall" or "spare" list solely because the employee chooses to exercise the 7-day option under this section. No employer may discriminate against an employee in subsequent recalls to work solely because the employee chooses to exercise the 7-day option under this section. [PL 1989, c. 460 (NEW).]

2. Limitations. Nothing in this section may be construed to: A. Prevent an employer from offering recall to another employee on the "recall" or "spare" list in the place of an employee who is contacted earlier but who chooses to exercise the 7-day option under this section; [PL 1989, c. 460 (NEW).] B. Require an employer to hold a position or an offer of recall open for an employee who exercises the 7-day option under this section; or [PL 1989, c. 460 (NEW).] C. Require an employee to wait 7 days before returning to work after receiving a recall notice. [PL 1989, c. 460 (NEW).] [PL 1989, c. 460 (NEW).]
26 M.R.S. § 4 — ME Code / Title 26 / Chapter 1 / Section 4
26 §4. Enforcement
Status: in_force

The District Court and the Superior Court shall have original jurisdiction of actions brought for the recovery of fines and penalties imposed by this Title, and of prosecutions for violations of the provisions thereof.
26 M.R.S. § 879 — ME Code / Title 26 / Chapter 7 / Section 879
26 §879. Human trafficking awareness signs
Status: in_force

1. Department provides public awareness signs. The Department of Labor shall provide the Department of Transportation, the Maine Turnpike Authority and each employer in the State that is a business or employer listed in subsection 3 with public awareness signs that contain a telephone number for a national human trafficking hotline. [PL 2017, c. 416, §4 (NEW).]

2. Departments posting public awareness signs. The Department of Transportation and the Maine Turnpike Authority shall work cooperatively and shall post and keep posted in a conspicuous manner in every transportation center and every highway rest area and welcome center a public awareness sign provided by the Department of Labor pursuant to subsection 1 . [PL 2017, c. 416, §4 (NEW).]

3. Businesses and employers posting public awareness signs. The following businesses and employers shall post and keep posted in a conspicuous manner that is clearly visible to the public and to employees within their businesses and places of employment public awareness signs provided by the Department of Labor pursuant to subsection 1 : A. A Department of Labor career center; [PL 2017, c. 416, §4 (NEW).] B. An office that provides services under the Governor's Jobs Initiative Program under section 2031 ; [PL 2017, c. 416, §4 (NEW).] C. A hospital or facility providing emergency medical services that is licensed under Title 22, section 1811 ; [PL 2017, c. 416, §4 (NEW).] D. An eating and lodging place licensed under Title 22, chapter 562 ; [PL 2017, c. 416, §4 (NEW).] E. An adult entertainment nightclub or bar, adult spa, establishment featuring strippers or erotic dancers or other sexually oriented business; [PL 2017, c. 416, §4 (NEW).] F. A money transmitter licensed under Title 32, chapter 79‑A ; and [PL 2023, c. 662, §1 (AMD).] G. A check cashing business or foreign currency exchange business registered under Title 32, chapter 80, subchapter 2 . [PL 2017, c. 416, §4 (NEW).] [PL 2023, c. 662, §1 (AMD).]

4. Penalty. A person who fails to post a sign as required by subsection 3 commits a civil violation for which a fine of $300 per violation must be adjudged. [PL 2017, c. 416, §4 (NEW).]
26 M.R.S. § 979-O — ME Code / Title 26 / Chapter 9-B / Section 979-O
26 §979-O. Name
Status: in_force

The name of the Public Employees Labor Relations Board is changed to the Maine Labor Relations Board. Whenever the name Public Employees Labor Relations Board appears in law, it shall be construed to mean Maine Labor Relations Board. [PL 1975, c. 564, §38 (NEW).]
26 M.R.S. § 52 — ME Code / Title 26 / Chapter 3 / Section 52
26 §52. Liens
Status: in_force

1. Form; effect. Upon the failure of an employer to pay the amount assessed for unpaid wages or severance pay pursuant to chapters 7 and 15 , the director may file in the registry of deeds of any county a certificate stating the name of the employer; the employer's address; the amount of unpaid wages or severance pay; and either that the time permitted for an appeal has expired without the appeal having been taken or that delay will jeopardize collection. When the certificate is duly filed and recorded, the amount of the assessment is a lien upon the entire interest of the employer, legal or equitable, in any real or tangible personal property situated within the jurisdiction of the office in which that certificate was filed. A lien obtained in this manner is a lien for unpaid wages or severance pay and the priority of the lien is governed by the laws of this State. The lien is subordinate to any real estate mortgage previously recorded as required by law. A lien for unpaid wages or severance pay is not valid against one who purchases personal property from the employer in the usual course of business, in good faith and without actual notice of the lien. The lien may be enforced against any real or personal property by a civil action in the name of the director. The director shall discharge any such lien upon receiving, from any employer against whose property a lien certificate has been filed, a good and sufficient bond with sureties conditioned upon the payment of the amount of unpaid wages or severance pay as finally determined together with any additional amount that may have become due or may have accrued under this chapter and costs of court, if any. The remedies in this subsection are in addition to all other remedies. [PL 1999, c. 28, §1 (NEW).]

2. Filing lien. Certificates of liens for unpaid wages or severance pay, or certificates discharging the liens prepared in accordance with this section, must be received, recorded and indexed by registrars of deeds in the same manner as similar instruments are recorded and indexed. The fee to be paid by the director for recording each certificate is the usual and customary fee, which need not be prepaid. This recording fee along with all other filing fees is the liability of the employer and must be assessed as part of the lien pursuant to subsection 1 . [PL 1999, c. 28, §1 (NEW).]

3. Enforcement of lien. After any assessment has become final and rights of appeal exhausted or lost by virtue of failure to exercise those rights, any property, real or personal, upon which a lien has been claimed under this chapter may be sold after due notice in conformity with the laws applicable to sales of real or personal property on executions issued in personal actions. In connection with such sales, the director has the same rights, privileges, duties and responsibilities as one in whose favor an execution is issued. [PL 1999, c. 28, §1 (NEW).]
26 M.R.S. § 644 — ME Code / Title 26 / Chapter 7 / Section 644
26 §644. Prohibition against discrimination and retaliation
Status: in_force

An employer or other person may not intimidate, threaten, restrain, coerce, blacklist, discharge, fail to recruit, fail to rehire or in any manner discriminate or retaliate against a worker because the worker has: [PL 2009, c. 201, §6 (AMD).]

1. Proceedings. Made, filed, instituted, caused to be instituted or participated in any way in any proceeding under or related to this subchapter; [PL 2003, c. 616, §1 (NEW).]

2. Exercise of rights or protections. Exercised in any way, on the worker's own behalf or on behalf of others, any right or protection afforded by this subchapter; [PL 2003, c. 616, §1 (NEW).]

3. Discussions. Discussed any matter that is a subject of or is related in any way to this subchapter, or any other lawful matter, with any other person, including, but not limited to, that worker's employer or the employer's agent or employee; or [PL 2009, c. 201, §7 (AMD).]

4. Complaints. Made, filed, instituted, caused to be instituted or participated in any way in any lawful complaint, lawsuit or other proceeding of any kind. [PL 2003, c. 616, §1 (NEW).]
26 M.R.S. § 629-B — ME Code / Title 26 / Chapter 7 / Section 629-B
26 §629-B. Employee health benefit plans
Status: in_force

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 financial contribution to that plan by the employer. [RR 2023, c. 2, Pt. E, §16 (COR).]

2. Failure to implement health benefit plan. If an employer fails to implement a health benefit plan that the employer had agreed to provide to that employer's employees, the employer shall notify the employees of the failure to implement the plan as soon as possible after the employer knows that the plan will not be implemented. The employer is liable for benefits that would have been payable to a covered employee, if the health benefit plan had been in force during the period of time from the date that the employer had agreed to implement the health benefit plan, until the employer gives the employee notice of the employer's failure or inability to provide the health benefit plan. [RR 2023, c. 2, Pt. E, §17 (COR).]

3. Termination or change in carriers of a health benefit plan. If an employer terminates a health benefit plan for employees, if a health benefit plan for employees is terminated for failure to pay premium or for any other reason or if the insurance carrier administering the health benefit plan is changed, the employer shall notify the covered employees of the termination of their coverage or the change of carriers at least 10 days before the termination or the change of carriers takes effect. The employer is liable for benefits which would have been payable to a covered employee had the health benefit plan remained in force and not been terminated or the carrier changed during the period of time following the termination of or change in carrier of the health benefit plan until the employee is given notice of the termination or the change of carrier. [PL 1985, c. 660 (NEW).]

4. Notice. Whenever notice to an employee is required under this section, the notice must: A. Be in writing; and [PL 1985, c. 660 (NEW).] B. Be delivered: (1) In person to the employee; (2) To the employee by the same means as and along with wages due the employee; or (3) By mailing the notice to the employee's last known address. [PL 1985, c. 660 (NEW).] [PL 1985, c. 660 (NEW).]

5. Wage withholdings. When an employer makes withholdings from employees' wages for contributions to health benefit plans, the employer shall be the trustee of the funds until they are paid to the health carrier. The employer is liable to an employee for any wages withheld for the purpose of financing an employee health benefit plan and which are not actually used for that purpose. [PL 1985, c. 660 (NEW).]

6. Action; parties. An action for benefits under this section may be brought by: A. The affected employee or employees; or [PL 1985, c. 660 (NEW).] B. The Department of Labor on behalf of the employee or employees. [PL 1985, c. 660 (NEW).] [PL 1985, c. 660 (NEW).]

7. Lien. Whoever loses wages or medical benefits due to an employer's violation of this section shall have a lien against the employer's real estate or personal property for the full amount of the wages wrongfully withheld and the medical benefits for which the employer is liable under this section. A. The lien shall be created by filing the statement described in this subsection in the appropriate place for filing an execution lien on real property, personal property or motor vehicles under Title 14, section 4651‑A . The statement filed must contain: (1) A statement of the amount of wages or medical benefits claimed to have been lost; (2) The name and address of the employer and the name and address of the person claiming the loss of wages or benefits; and (3) A recital that by virtue of the loss a lien is claimed on the real estate or personal property of the employer for the amount of the claim. The statement must be subscribed and sworn to by the person claiming the lien or by someone on the person's behalf. Upon the filing of the statement, the amount claimed in the statement constitutes a lien upon the property for which the statement is filed. [RR 2023, c. 2, Pt. E, §18 (COR).] B. A lien created under this subsection is void 20 days after the date on which the statement described in paragraph A was filed unless, within the 20-day period, the person claiming the lien or someone on the person's behalf notifies the employer, by certified or registered mail sent to the employer's last known address, of the existence of the lien. The notice must contain the following: (1) The fact that a lien has been filed; (2) The date and place the lien was filed; (3) The amount of the claim on which the lien is based; (4) The name of the person making the claim and the person's attorney, if any, including their addresses; and (5) The following statement: "To dissolve this lien, please contact (the person making the claim or the person's attorney). A bond may be given to the claimant to replace the lien." [RR 2023, c. 2, Pt. E, §19 (COR).] C. A lien created under this subsection is void 90 days after the date on which the statement described in paragraph A was filed unless, within the 90-day period, an action to enforce the lien is commenced and a clerk's certificate of the commencement of the action is filed in the place where the statement is filed. Upon the filing of the clerk's certificate, the lien shall continue until a final judgment. Thereafter, extensions of the lien shall be governed by the provisions for extensions of attachments in Title 14, section 4601 . [PL 1987, c. 231 (NEW).] D. An employer may, at any time after receiving notice of a lien under paragraph B, give bond, with sufficient sureties, in the amount of the claim to the person claiming the lien. Within 7 days of receipt of the bond, the person claiming the lien or someone on the person's behalf shall discharge the lien. [RR 2023, c. 2, Pt. E, §20 (COR).] [RR 2023, c. 2, Pt. E, §§18-20 (COR).]

8. Exceptions. The following exceptions apply. A. An employer is not liable under this section for benefits which would have been payable under an employee health benefit plan if the failure to provide the notice required by subsection 2 or 3 is due to circumstances beyond the control of the employer. [PL 1985, c. 660 (NEW).] B. This section does not apply to any termination of or failure to implement an employee health benefit plan which results from or occurs during a strike or lockout. Section 634 applies to the termination of any employee health benefit plan during a strike. [PL 1985, c. 660 (NEW).] [PL 1985, c. 660 (NEW).]
26 M.R.S. § 661 — ME Code / Title 26 / Chapter 7 / Section 661
26 §661. Declaration of policy
Status: in_force

It is the declared public policy of the State of Maine that workers employed in any occupation should receive wages sufficient to provide adequate maintenance and to protect their health, and to be fairly commensurate with the value of the services rendered.
26 M.R.S. § 42-A — ME Code / Title 26 / Chapter 3 / Section 42-A
26 §42-A. Safety education and training programs
Status: in_force

1. Department to establish programs. The department shall establish and supervise programs for the education and training of employers, owners, employees, educators and students in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment. The department shall consult with and advise employers, owners, employees and organizations representing employers, owners and employees as to effective means of preventing occupational injuries and illnesses. [PL 1985, c. 372, Pt. A, §6 (NEW).]

2. Safety education and training program functions. The functions of the safety education and training program shall include: A. The development and application of a statewide safety education and training program to familiarize employers, supervisors, employees and union leaders with techniques of accident investigation and prevention; [PL 2023, c. 405, Pt. A, §98 (AMD).] B. The development and utilization of consultative educational techniques to achieve long-range solutions to occupational safety and health problems; [PL 1985, c. 372, Pt. A, §6 (NEW).] C. The acquisition, development and distribution of occupational safety and health pamphlets, booklets, brochures and other appropriate safety and health media as may be useful to accomplish the objectives of this section; [PL 1985, c. 372, Pt. A, §6 (NEW).] D. The development and administration of a program for employers, with special emphasis on small business employers, providing technical and educational assistance on matters of occupational safety and health; [PL 1985, c. 372, Pt. A, §6 (NEW).] E. The development and implementation of a training and education program for department staff engaged in the administration and enforcement of this section; [PL 1987, c. 782, §2 (AMD).] E-1. The development and administration of programs to educate employers and employees regarding the Whistleblowers' Protection Act, chapter 7, subchapter V‑B ; [PL 1991, c. 615, Pt. A, §18 (AMD).] E-2. The support for the development of long-term strategies to improve occupational health and safety professional education and resources. The department may award contracts to public and private nonprofit organizations as seed money to develop programs that will serve this purpose and that will develop other funding sources in the future; and [PL 1991, c. 615, Pt. A, §19 (NEW).] F. The conduct of other activities as necessary for the implementation of an effective safety education and training program. [PL 1985, c. 372, Pt. A, §6 (NEW).] [PL 2023, c. 405, Pt. A, §98 (AMD).]

3. Programs provided upon request. The department shall provide safety training programs, upon request, for employees and employers. Priority for the development of safety training programs shall be in those occupations which pose the greatest hazard to the safety and health of employees. [PL 1985, c. 372, Pt. A, §6 (NEW).]

4. Continuing research. The department may conduct continuing research into methods, means, operations, techniques, processes and practices necessary for improvement of occupational safety and health of employees. [PL 1985, c. 372, Pt. A, §6 (NEW).]

5. Consulting services. The department shall, upon request, provide a full range of occupational safety and health consulting services to any employer or employee group. These consulting services may include providing employers or employees with information, advice and recommendations on maintaining safe employment or places of employment, and on applicable occupational safety and health standards, techniques, devices, methods, practices or programs. [PL 1985, c. 372, Pt. A, §6 (NEW).]

6. Contract. The department may contract with others to perform these functions. [PL 1985, c. 372, Pt. A, §6 (NEW).]
26 M.R.S. § 809 — ME Code / Title 26 / Chapter 7 / Section 809
26 §809. Absence for emergency response
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Employer" means any private or public employer, including the State and political subdivisions of the State. [PL 2005, c. 296, §1 (NEW).] A-1. "Firefighter" has the same meaning as "municipal firefighter" and "volunteer firefighter" in Title 30‑A, section 3151, subsections 2 and 4 . [PL 2013, c. 477, §1 (NEW).] A-2. "Emergency medical services person" has the same meaning as in Title 32, section 83, subsection 12 and includes a volunteer emergency medical services person. [PL 2019, c. 218, §1 (NEW).] B. "Responding to an emergency" means responding to, working at the scene of or returning from a fire or emergency medical services call, a hazardous or toxic materials spill and cleanup or any other situation to which the fire department or emergency medical services provider has been dispatched. [PL 2019, c. 218, §1 (AMD).] C. [PL 2013, c. 477, §2 (RP).] [PL 2019, c. 218, §1 (AMD).]

2. Prohibition against discharge or disciplinary action. An employer may not discharge or take any other disciplinary action against or otherwise discriminate against an employee because of the employee's failure to report for work at the beginning of the employee's regular working hours or the employee's absence during the employee's regular working hours if the employee failed to do so or was absent because the employee was responding to an emergency in the employee's capacity as a firefighter or emergency medical services person and the employee reported for work as soon as reasonably possible after being released from the emergency. An employer may charge the lost time against the employee's regular pay or against the employee's available leave time. This subsection does not apply to the absence of a firefighter or emergency medical services person from that person's regular employment as a law enforcement officer, a utility worker or medical personnel when the services of that person are essential to protect public health or safety or if the employee has been designated as essential by the employer pursuant to subsection 6 . [PL 2019, c. 218, §1 (AMD).]

3. Notification; verification. An employee responding to an emergency under subsection 2 shall make every effort to immediately notify the employer that the employee may be late arriving to work or absent from work as a result of responding to an emergency prior to or during the employee's regular working hours. Notification may be provided by the employee, the employee's designee or the fire department or the emergency medical services provider. At the request of an employer, an employee losing work time as provided in subsection 2 shall provide the employer with a statement from the chief of the fire department or emergency medical services provider or the chief's designee verifying that the employee was responding to an emergency and specifying the date, time and duration of the response. [PL 2019, c. 218, §1 (AMD).]

4. Enforcement; penalty for violation. If an employer has violated subsection 2 , the employee may bring an action in Superior Court in the county in which the employee resides or in the county in which the employer's place of business is located. The action must be brought within one year of the date of the alleged violation. If the court finds that the employer violated subsection 2 , and if the employee so requests, the court shall order the employer to reinstate the employee in the employee's former position without reduction of pay, seniority or other benefits. The court also shall order any other appropriate remedy necessary to return the employee to the position the employee would have been in had the employer not violated subsection 2 , including payment of back pay and reinstatement of any other benefits lost during the period in which the discharge or disciplinary action was in effect. [PL 2005, c. 296, §1 (NEW).]

5. Impact on individual agreements. This section does not apply if the employer and the employee have entered into a written agreement, signed by the employer and the employee, that governs procedures to be followed when the employee is called to respond to an emergency as a firefighter or emergency medical services person. A. [PL 2019, c. 218, §1 (RP).] B. [PL 2019, c. 218, §1 (RP).] [PL 2019, c. 218, §1 (AMD).]

6. Designation as essential. Upon receiving notice of an employee's status as a firefighter or emergency medical services person, an employer may designate the employee essential to the employer's operations when the absence of the employee would cause significant disruption of the employer's business. This designation must be made in writing and signed by both the employee and employer. [PL 2021, c. 67, §1 (AMD).]

7. Information to be filed by employee with employer. This section applies only if: A. The chief of the fire department or emergency medical services provider has a written policy that: (1) Specifies the circumstances under which firefighters or emergency medical services persons are needed to respond to an emergency; and (2) Affirms that firefighters or emergency medical services persons will be released as soon as practicable; and [PL 2019, c. 218, §1 (NEW).] B. The employee presents a copy of the policy described in paragraph A to the employer within 30 days of notifying the employer of the employee's status as a firefighter or emergency medical services person. [PL 2021, c. 67, §2 (AMD).] An employee shall notify the employer of any change to the employee's status as a firefighter or emergency medical services person, including the termination of that status, within 30 days of the change. [PL 2021, c. 67, §2 (AMD).]
26 M.R.S. § 773-A — ME Code / Title 26 / Chapter 7 / Section 773-A
26 §773-A. Occupations
Status: in_force

1. Minors under 16 years of age. A minor under 16 years of age may not be employed, permitted or suffered to work in, about or in connection with any manufacturing or mechanical establishment, hotel, rooming house, laundry, except a laundry commonly known as an automatic laundry, dry cleaning establishment, bakery, poolroom or commercial place of amusement, including a traveling show or circus, or in conjunction with an amusement, game or show that allows or conducts betting. [PL 2017, c. 286, §4 (NEW).]

2. Minors 14 and 15 years of age. The provisions of subsection 1 pertaining to manufacturing establishments do not apply to minors 14 years of age or older and under 16 years of age who are employed in retail establishments where any frozen dairy product or frozen dairy product mix or related food product is produced on the premises for retail sale locally, regardless of trade name or brand or coined name. The provisions of subsection 1 pertaining to hotels or rooming houses do not apply to minors 14 years of age or older and under 16 years of age who are employed in outdoor occupations on the grounds of a hotel or who are employed in kitchens, dining rooms, recreational areas, lobbies and offices of a hotel. Minors 14 years of age or older and under 16 years of age are expressly prohibited from performing room service, housekeeping and making deliveries to guest rooms. The provisions of subsection 1 pertaining to bakeries do not apply to minors 14 years of age or older and under 16 years of age who are employed in retail sales, product decorating, customer service operations or office work for these establishments, as long as the retail, decorating, customer service or office areas are in a room separate from any baking operation. Notwithstanding other provisions of subsection 1 , a minor 14 years of age or older and under 16 years of age may be employed at a commercial place of amusement operating at a permanent location, except that the minor may not be employed at games of chance as defined in Title 17, chapter 62 or hazardous occupations as determined by the director. Subsection 1 does not apply to any minor under 16 years of age employed in a business solely owned by the minor's parents. A parent is prohibited from employing the parent's minor child in occupations declared hazardous by the director pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570. A minor 14 years of age or older and under 16 years of age may not be employed when the distance between the workplace and the home of the minor, or any other factor, necessitates the minor's remaining away from home overnight. [PL 2017, c. 286, §4 (NEW).]

3. Minors 16 and 17 years of age. A minor who is 16 years of age or older and under 18 years of age: A. May perform work in both nonagricultural and agricultural employment not in direct contact with hazardous machinery or hazardous substances in accordance with rules adopted pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570; [PL 2017, c. 286, §4 (NEW).] B. May perform work as a theatrical actor or film actor; [PL 2017, c. 286, §4 (NEW).] C. May be employed by a parent, but a parent is prohibited from employing the parent's minor child who is 16 years of age or older and under 18 years of age in occupations declared hazardous by the director in accordance with rules adopted pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570; [PL 2017, c. 286, §4 (NEW).] D. Is exempt from section 774, subsection 1, paragraphs A and C when performing work in the taking or catching of lobsters, fish or other marine organisms; and [PL 2017, c. 286, §4 (NEW).] E. Who has graduated from high school, or who has successfully attained a high school equivalency diploma or its equivalent, and who has graduated from a vocational, career and technical or cooperative education program approved by the Department of Education and is hired by an employer to work in an occupation for which the minor has been trained and certified by the vocational program may work for that employer in that occupation. [PL 2019, c. 66, §1 (AMD).] [PL 2019, c. 66, §1 (AMD).]
26 M.R.S. § 1028 — ME Code / Title 26 / Chapter 12 / Section 1028
26 §1028. Rule making procedure and review of proceedings
Status: in_force

1. Rule making procedure. Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3 . [PL 1975, c. 603, §1 (NEW).]

2. Review of representation proceedings. Any person aggrieved by any ruling or determination of the executive director under sections 1024‑A and 1025 may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an appeal, the board shall within a reasonable time hold a hearing, having first caused 7 days' notice, in writing, of the time and place of the hearings to be given to the aggrieved party, the labor organizations or bargaining agent and the public employer. The hearings and the procedures established in furtherance thereof must be in accordance with section 968 . Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 972 , if the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested. [PL 2007, c. 695, Pt. C, §17 (AMD).]
26 M.R.S. § 832 — ME Code / Title 26 / Chapter 7 / Section 832
26 §832. Definitions (REALLOCATED FROM TITLE 26, SECTION 822)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 822)

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 583, §15 (RAL).]

1. Employee. "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, expressed or implied, but does not include an independent contractor engaged in lobster fishing. "Employee" includes school personnel and a person employed by the State or a political subdivision of the State. [PL 1999, c. 351, §5 (AMD).]

2. Employer. "Employer" means a person who has one or more employees. "Employer" includes an agent of an employer and the State, or a political subdivision of the State. "Employer" also means all schools and local education agencies. [PL 1999, c. 351, §6 (AMD).]

3. Person. "Person" means an individual, sole proprietorship, partnership, corporation, association or any other legal entity. [PL 1983, c. 583, §15 (RAL).]

4. Public body. "Public body" means all of the following: A. A state officer, employee, agency, department, division, bureau, board, commission, council, authority or other body in the executive branch of State Government; [PL 1983, c. 583, §15 (RAL).] B. An agency, board, commission, council, member or employee of the legislative branch of State Government; [PL 1983, c. 583, §15 (RAL).] C. A county, municipal, village, intercounty, intercity or regional governing body, a council, school district or municipal corporation, or a board, department, commission, council, agency or any member or employee thereof; [PL 1983, c. 583, §15 (RAL).] D. Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body; [PL 1983, c. 583, §15 (RAL).] E. A law enforcement agency or any member or employee of a law enforcement agency; and [PL 1983, c. 583, §15 (RAL).] F. The judiciary and any member or employee of the judiciary. [PL 1983, c. 583, §15 (RAL).] [PL 1983, c. 583, §15 (RAL).]
26 M.R.S. § 1281 — ME Code / Title 26 / Chapter 14 / Section 1281
26 §1281. Purpose
Status: in_force

It is declared to be the public policy of this State and it is the purpose of this chapter to promote improvement of the relationship between the Judicial Department of the State and its employees by cooperating with the Supreme Judicial Court in recognizing the right of judicial employees to join labor organizations of their own choosing and to be represented by those organizations in collective bargaining for terms and conditions of employment. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 1284 — ME Code / Title 26 / Chapter 14 / Section 1284
26 §1284. Prohibited acts of the public employer, judicial employers and judicial employee organizations
Status: in_force

1. Public employer prohibitions. The public employer, its representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1283 ; [PL 1983, c. 702 (NEW).] B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment; [PL 1983, c. 702 (NEW).] C. Dominating or interfering with the formation, existence or administration of any employee organization; [PL 1983, c. 702 (NEW).] D. Discharging or otherwise discriminating against an employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; [RR 2023, c. 2, Pt. E, §121 (COR).] E. Refusing to bargain collectively with the bargaining agent of its employees, as required by section 1285 ; [PL 2007, c. 415, §16 (AMD).] F. Blacklisting any employee organization or its members for the purpose of denying them employment; [PL 2007, c. 415, §17 (AMD).] G. Requiring an employee to join a union, employee association or bargaining agent as a full member; and [PL 2007, c. 415, §18 (NEW).] H. Terminating or disciplining an employee for not paying union dues or fees of any type. [PL 2007, c. 415, §19 (NEW).] [RR 2023, c. 2, Pt. E, §121 (COR).]

2. Judicial employee prohibitions. Judicial employees, judicial employee organizations, their agents, members and bargaining agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1283 or the public employer in the selection of its representative for purposes of collective bargaining or the adjustment of grievances; [PL 1983, c. 702 (NEW).] B. Refusing to bargain collectively with the public employer, as required by section 1285 ; [PL 1983, c. 702 (NEW).] C. Engaging in: (1) A work stoppage; (2) A slowdown; (3) A strike; or (4) The blacklisting of the public employer for the purpose of preventing it from filling employee vacancies. [PL 1983, c. 702 (NEW).] [PL 1983, c. 702 (NEW).]

3. Violations. Violations of this section shall be processed by the board in the manner provided in section 1289 . [PL 1983, c. 702 (NEW).]
26 M.R.S. § 1294 — ME Code / Title 26 / Chapter 14 / Section 1294
26 §1294. Amendment
Status: in_force

This Act shall not be amended without first consulting the Supreme Judicial Court. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 1021 — ME Code / Title 26 / Chapter 12 / Section 1021
26 §1021. Purpose
Status: in_force

It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between public employers and their employees by providing a uniform basis for recognizing the right of the University of Maine System employees, Maine Maritime Academy employees and community college employees to join labor organizations of their own choosing and to be represented by such organizations in collective bargaining for terms and conditions of employment. [PL 1989, c. 443, §60 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
26 M.R.S. § 1418-G — ME Code / Title 26 / Chapter 19 / Section 1418-G
26 §1418-G. Preference
Status: in_force

The officer, board or other authority in charge of a public building or property shall: [PL 1995, c. 560, Pt. F, §13 (NEW).]

1. Policies. Adopt policies and take actions necessary to ensure that blind persons are given preference in the establishment and the operation of vending facilities on property under its jurisdiction; [PL 1995, c. 560, Pt. F, §13 (NEW).]

2. Surveys. Cooperate with the division in surveys of properties and buildings under its control in order to find suitable locations for the operation of vending facilities by managers and, after a determination that a facility may be operated by a manager, shall cooperate with the division in the installation of a vending facility; [PL 1995, c. 560, Pt. F, §13 (NEW).]

3. Income. To achieve and protect the preference of blind persons in the operation of vending facilities, arrange for the assignment of the income derived from vending machines that are located in reasonable proximity to and in direct competition with a vending facility for which authority is granted pursuant to this article to the manager or managers affected. A vending machine that vends articles authorized for vending pursuant to section 1418, subsection 8 and is so located that it attracts customers who would otherwise patronize the vending facility is considered to be in reasonable proximity to and in direct competition with the vending facility; [PL 1995, c. 560, Pt. F, §13 (NEW).]

4. Licensing. Inform the division not less than 60 days prior to the termination, issuance or renewal of a contract for the operation of a vending facility; and [PL 1995, c. 560, Pt. F, §13 (NEW).]

5. Vending machines. Allow the division to place vending machines in a building where a vending facility operated by a manager would not be feasible. Income from these machines accrues to the division's set-aside account for purposes stated in section 1418‑F . [PL 1995, c. 560, Pt. F, §13 (NEW).]