26 M.R.S. § 1192-A — ME Code / Title 26 / Chapter 13 / Section 1192-A
26 §1192-A. Eligibility conditions
Status: in_force

The following provisions govern an individual's eligibility to receive benefits under this chapter. [PL 2025, c. 235, §11 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Deputy" means a representative of the bureau designated by the commissioner. [PL 2025, c. 235, §11 (NEW).] B. "Educational service agency" means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing services to one or more educational institutions. [PL 2025, c. 235, §11 (NEW).] C. "Good cause" means: (1) The unemployed individual is ill; (2) The presence of the unemployed individual is required due to an illness of the unemployed individual's spouse, child, parent, stepparent, sibling or relative who has been acting in the capacity of a parent of either the unemployed individual or the unemployed individual's spouse; (3) The unemployed individual is in attendance at the funeral of any of the persons described in subparagraph (2); (4) The unemployed individual is observing a religious holiday as required by religious conviction; (5) The unemployed individual is performing either a military or civil duty as required by law; and (6) Another cause of a necessitous and compelling nature, including child care emergencies and transportation emergencies. "Good cause" does not include incarceration as a result of a conviction for a felony or misdemeanor. [PL 2025, c. 235, §11 (NEW).] D. "Suitable employment" means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined for purposes of the United States Trade Act of 1974, and wages for that work at not less than 80% of the individual's average weekly wage as determined for the purposes of the United States Trade Act of 1974. [PL 2025, c. 235, §11 (NEW).] E. "Union hiring hall" means a service provided by a labor union or an entity associated with a labor union that places employees with an employer under a collective bargaining agreement or otherwise places employees with employers. [PL 2025, c. 235, §11 (NEW).] [PL 2025, c. 235, §11 (NEW).]

2. Eligibility. An unemployed individual is eligible to receive benefits with respect to any week only if: A. The individual has made a claim for benefits with respect to the week or part thereof in accordance with rules adopted by the commissioner; [PL 2025, c. 235, §11 (NEW).] B. The individual has registered for work at and continued to report at an employment office in accordance with rules the commissioner adopts, except that the commissioner may, by rule, waive or alter either or both of the requirements of this paragraph as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the commissioner finds that compliance with the requirements would be oppressive or would be inconsistent with the purposes of this chapter. A rule under this paragraph may not conflict with section 1191, subsection 1 ; [PL 2025, c. 235, §11 (NEW).] C. For each week in which a claim for benefits is filed, the individual is actively seeking work, unless the individual is participating in approved training under subsection 3 or the work search requirement has been waived in accordance with rules adopted by the commissioner, and the individual provides evidence of work search efforts in a manner and form as prescribed by the Department of Labor. Failure to provide required work search documentation results in a denial of benefits in accordance with section 1194, subsection 2 for the week or weeks for which documentation was not provided unless the department determines there is good cause for the individual's failure to comply with this requirement. Notwithstanding any provision of this paragraph to the contrary, an individual is considered to be actively seeking work in accordance with this section if the individual is a member of, or represented by, a bona fide labor union, or is otherwise authorized to use the services of a bona fide union hiring hall, maintains contact with that union and uses and complies with the placement services of the union hiring hall in seeking work; [PL 2025, c. 235, §11 (NEW).] D. The individual is able to work and is available for work at the individual's usual or customary hours, commute, trade, occupation, profession or business or in such other trade, occupation, profession or business for which the individual's prior training or experience shows the individual to be fitted or qualified, and in addition to having complied with paragraphs B and C is actively seeking work in accordance with the rules of the commissioner. Ineligibility may not be determined solely because an individual is unable to accept employment on a shift, the greater part of which falls between the hours of midnight to 5 a.m., and is unavailable for that employment because of parental obligation, the need to care for an immediate family member or the unavailability of a personal care attendant required to assist the unemployed individual who is a person with a disability. An unemployed individual who is neither able nor available for work due to good cause as determined by the deputy is eligible to receive prorated benefits for that portion of the week during which the individual was able and is available. Notwithstanding this paragraph, an individual who worked full-time for the majority of the weeks during that individual's base period but is able and available for and actively seeking only part-time work because of the illness or disability of the individual or an immediate family member, or because of limitations necessary for the safety or protection of the individual or the individual's immediate family member, may not be disqualified from receiving benefits. The individual's benefits must be prorated in accordance with the individual's current availability; [PL 2025, c. 235, §11 (NEW).] E. The individual has served a waiting period of one week of total or partial unemployment. A week may not be counted as a week of total or partial unemployment for the purpose of this paragraph: (1) If benefits have been paid with respect to that week; (2) Unless it occurs within the benefit year that includes the week with respect to which the individual claims payment of benefits; and (3) Unless the individual was eligible for benefits with respect to that week, as provided in this section and section 1193, except for the requirements of this paragraph; and [PL 2025, c. 235, §11 (NEW).] F. For an individual establishing a benefit year on or after January 1, 1980, the individual has been paid wages equal to or exceeding 2 times the annual average weekly wage for insured work in each of 2 different quarters in the individual's base period and has been paid total wages equal to or exceeding 6 times the annual average weekly wage in the individual's base period for insured work. For the purposes of this paragraph, the annual average weekly wage amount to be used is that which is applicable at the time the individual files a request for determination of insured status. For the purposes of this paragraph, wages are counted as "wages for insured work" for benefit purposes with respect to a benefit year only if the benefit year begins subsequent to the date on which the employer by whom such wages were paid has satisfied the conditions of section 1043, subsection 9 , or section 1222, subsection 3 , with respect to becoming an employer; except that an individual may not receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which that individual received benefits, that individual performed services and earned remuneration for such services in an amount equal to or greater than 8 times that individual's weekly benefit amount in employment by an employer in the benefit year being established. This paragraph applies only to an individual requesting determination of insured status on and after January 1, 1972. In determining an individual's qualification under this subsection, payments pursuant to former Title 39, sections 54, 55, 188 and 189 and Title 39‑A, sections 608 and 609 are considered wages for insured work. [PL 2025, c. 235, §11 (NEW).] [PL 2025, c. 235, §11 (NEW).]

3. Approved training. Notwithstanding any provision of this chapter to the contrary, an otherwise eligible individual who is in training, as approved for the individual by the deputy, under rules adopted by the commissioner, may not be denied benefits for any week with respect to subsection 2, paragraphs C and D relating to availability and the work search requirement or section 1193, subsection 3 . Enrollment in a degree-granting program may not be the sole cause for denial of approved training status for an otherwise eligible individual. Benefits paid to any eligible individual while in approved training for which except for this subsection the individual could be disqualified under section 1193, subsection 3 may not be charged against the experience rating record of an employer but must be charged to the General Fund. Notwithstanding any provision of this chapter to the contrary, the following provisions further govern an individual's eligibility for benefits with respect to training: A. Any otherwise eligible individual may not be denied benefits for any week because the individual is in training approved under 19 United States Code, Section 2296(a) or under any amendment or addition to the United States Trade Act of 1974. That individual may not be denied benefits: (1) For leaving work to enter that training, as long as the work left is not suitable employment; or (2) Because of the application to any such week in training of provisions in this chapter or any applicable federal unemployment compensation law relating to availability for work, active search for work or refusal to accept work. Benefits paid to an eligible individual while in training for which, except for this paragraph, the individual could be disqualified under section 1193, subsection 1 or 3 may not be charged against the experience rating record of an employer but must be charged to the General Fund; [PL 2025, c. 235, §11 (NEW).] B. The acceptance of training for opportunities available through United States Public Law 97-300 is considered to be acceptance of training with the approval of the State within the meaning of any other provisions of federal or state law relating to unemployment benefits; [PL 2025, c. 235, §11 (NEW).] C. The acceptance of training for opportunities available under sectiond 2031 and 2033 is considered to be acceptance of training with state approval under federal or state law relating to unemployment benefits; and [PL 2025, c. 235, §11 (NEW).] D. Unless inconsistent with federal law, the acceptance of training opportunities available through the federal Workforce Innovation and Opportunity Act, 29 United States Code, Sections 3101 to 3361 is considered to be acceptance of training with the approval of the State within the meaning of any other provision of federal or state law relating to unemployment benefits as long as the training is in accordance with rules the commissioner adopts. [PL 2025, c. 235, §11 (NEW).] [PL 2025, c. 235, §11 (NEW).]

4. Service with nonprofit organizations and educational institutions and state and local governments. Benefits based on service in employment, as defined in section 1043, subsection 11, paragraph A‑1 , subparagraphs (1) and (3), are payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other services subject to this chapter, except that: A. With respect to weeks of unemployment beginning after December 31, 1977, for services in an instructional, research or principal administrative capacity for an educational institution, if there is a contract or annual written reasonable assurance that the individual will perform services in such a capacity for the educational institution in a 2nd academic year or term, benefits may not be paid to an individual based on those services for any week of unemployment: (1) Commencing during the period between 2 successive academic years or terms; (2) During a period, similar to the period described in subparagraph (1), between 2 regular, but not successive, terms when provided for by an agreement; or (3) During a period of paid sabbatical leave provided for in an individual's contract, if that individual performs services in a first academic year or term; [RR 2025, c. 1, Pt. A, §36 (COR).] B. With respect to weeks of unemployment beginning after September 3, 1982, for services for an educational institution in any capacity other than an instructional, research or principal administrative capacity, benefits may not be paid on the basis of those services to an individual for any week that commences during a period between 2 successive academic years or terms if the individual performs those services in the first of those academic years or terms and there is annual written reasonable assurance that the individual will perform the services in the 2nd of those academic years or terms; except that if benefits are denied to an individual under this paragraph and the individual was not offered an opportunity to perform the services for the educational institution for the 2nd of those academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this paragraph; [PL 2025, c. 235, §11 (NEW).] C. With respect to weeks of unemployment beginning after December 31, 1977, benefits must be denied to an individual for any week that commences during an established and customary vacation period or holiday recess if: (1) That individual performs a service described in paragraph A or B in the period immediately before the vacation period or holiday recess; and (2) There is annual written reasonable assurance that the individual will perform those services in the period immediately following the vacation period or holiday recess; and [PL 2025, c. 235, §11 (NEW).] D. With respect to weeks of unemployment beginning after June 30, 1979, benefits must be denied to an individual who performed services in an educational institution while in the employ of an educational service agency for any week that commences during a period described in paragraph A , B or C if: (1) That individual performs a service described in paragraph A or B in the first of these periods, as specified in the applicable paragraph; and (2) There is a contract or a written reasonable assurance as set out in the applicable paragraph that the individual will perform these services in the 2nd of those periods, as set out in the applicable paragraph. [PL 2025, c. 235, §11 (NEW).] [RR 2025, c. 1, Pt. A, §36 (COR).]

5. Claims in another state or contiguous country; individual residence; no denial or reduction of benefits. Benefits may not be denied or reduced to an individual solely because the individual files a claim in another state or a contiguous country with which the United States has an agreement with respect to unemployment compensation or because the individual resides in another state or contiguous country at the time the individual files a claim for benefits in this State. [PL 2025, c. 235, §11 (NEW).]

6. No denial of benefits for jury service. Benefits may not be denied to an individual solely because the individual is selected to serve as a juror. An individual who receives actual earnings for jury service must be paid a partial benefit in an amount equal to the individual's weekly benefit amount less the amount earned for jury service. [PL 2025, c. 235, §11 (NEW).]

7. Benefit payments to athletes. Benefits may not be paid to an individual on the basis of any service, substantially all of which consists of participating in sports or athletic events or training or preparing to participate, for any week that commences during the period between 2 successive sports seasons or similar periods, if that individual performed those services in the first of those seasons or similar periods and there is a written reasonable assurance that the individual will perform those services in the 2nd of those seasons or similar periods. [PL 2025, c. 235, §11 (NEW).]

8. Benefit payments to aliens not lawfully present. On and after January 1, 1978, benefits are not payable on the basis of services performed by an alien unless the alien is an individual who: A. Was lawfully admitted for permanent residence in the State at the time the services were performed; [PL 2025, c. 235, §11 (NEW).] B. Was lawfully present for purposes of performing the services; or [PL 2025, c. 235, §11 (NEW).] C. Was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of temporary parole pursuant to the Immigration and Nationality Act, 8 United States Code, Section 1182(d)(5). [PL 2025, c. 235, §11 (NEW).] Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status must be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be approved, a determination that benefits to the individual are not payable because of the individual's alien status may not be made except upon a preponderance of the evidence. [PL 2025, c. 235, §11 (NEW).]

9. Participation in reemployment services. An individual who has been referred to reemployment services pursuant to a profiling system established by the commissioner must participate in those services or similar services unless it is determined that the individual has completed those services or there is good cause for the individual's failure to participate. [PL 2025, c. 235, §11 (NEW).]

10. Reemployment services and eligibility assessment; participation. In the case that an individual has been referred to reemployment services and eligibility assessment by the Department of Labor, the individual must participate in those services, unless the department determines there is good cause for the individual's failure to participate. Failure to participate in reemployment services and eligibility assessment without good cause results in a denial of benefits until the individual participates. [PL 2025, c. 235, §11 (NEW).]

11. Temporary layoff; work search. Notwithstanding any provision of this chapter to the contrary, an otherwise eligible individual who is temporarily laid off by an employer that has given that individual a definite recall date may not be denied benefits for any week that is within 6 weeks of the definite recall date based on the individual's failure to meet the requirements of subsection 1, paragraph B , C or D for the period of up to 6 weeks during that temporary layoff, as long as the individual remains able and available to work for that employer. An individual may not receive more than 6 weeks of benefits in a benefit year pursuant to this subsection unless approved by the Department of Labor. [PL 2025, c. 235, §11 (NEW).]
26 M.R.S. § 632 — ME Code / Title 26 / Chapter 7 / Section 632
26 §632. Fund for unpaid wages
Status: in_force

1. Fund established. There is established the Maine Wage Assurance Fund to be used by the Bureau of Labor Standards within the Department of Labor for the purpose of assuring that all former employees of employers within the State receive payment for wages and liquidated damages, in an amount equal to the wages, for a maximum of 4 weeks for the work they have performed. The Legislature intends that payment of earned wages and liquidated damages from the fund be limited to those cases when the employer has terminated the employer's business and there are no assets of the employer from which earned wages may be paid or when the employer has filed under any provision of the Federal Bankruptcy Act. An officer or director in the case of a corporation, partner in the case of a partnership or owner in the case of a sole proprietorship may not be considered an employee for purposes of this section. [PL 2025, c. 192, §1 (AMD).]

2. Administration. The fund must be administered by the Director of the Bureau of Labor Standards. Applications for payment from the fund and disbursements from the fund must be in accordance with rules adopted by the director. The State must be subrogated to any claims against an employer for unpaid wages and liquidated damages, in an amount equal to the wages, by an employee who has received payment from the fund. Subrogation to these claims must be to the extent of payment from the fund to the employee. [PL 2025, c. 192, §1 (AMD).]

3. Amount in fund. The Maine Wage Assurance Fund is a nonlapsing, revolving fund limited to a maximum of $200,000. All money collected from an employer pursuant to a claim for unpaid wages and liquidated damages, in an amount equal to the wages, by an employee who has received payment from the fund, or by the State as the employee's subrogee, is credited to the fund. The fund must be established and augmented periodically as necessary. Money in the fund not needed currently to meet claims against the fund must be deposited with the Treasurer of State to be credited to the fund and may be invested in such manner as is provided for by statute. Interest received on that investment must be credited to the Maine Wage Assurance Fund. [PL 2025, c. 192, §1 (AMD).] Revisor's Note: §632. Information to be furnished to railroad employees (As enacted by PL 1979, c. 287 is REALLOCATED TO TITLE 26, SECTION 633)
26 M.R.S. § 613 — ME Code / Title 26 / Chapter 7 / Section 613
26 §613. Enforcement penalty
Status: in_force

1. Violation. Any employment agency which violates this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 for each violation may be adjudged. [PL 1985, c. 623, §1 (NEW).]

2. Civil action. An action may be brought by the injured party, the Attorney General, the Department of Labor or any municipality which has issued a license to the employment agency in accordance with section 612‑A . [PL 1987, c. 583, §3 (AMD).]
26 M.R.S. § 838 — ME Code / Title 26 / Chapter 7 / Section 838
26 §838. Compensation for employee participation in investigation, hearing or inquiry (REALLOCATED FROM TITLE 26, SECTION 828)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 828)

This subchapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with section 833 . [PL 1983, c. 816, Pt. A, §20 (AMD).]
26 M.R.S. § 1411-A — ME Code / Title 26 / Chapter 19 / Section 1411-A
26 §1411-A. 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. Community rehabilitation program. "Community rehabilitation program" means a program that provides directly or facilitates the provision of one or more of the following vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize opportunities for employment, including career advancement: A. Medical, psychiatric, psychological, social and vocational services under one management; [PL 2017, c. 111, §1 (RPR).] B. Testing, fitting or training in the use of prosthetic or orthotic devices; [PL 2017, c. 111, §1 (RPR).] C. Recreational therapy; [PL 2017, c. 111, §1 (RPR).] D. Physical and occupational therapy; [PL 2017, c. 111, §1 (RPR).] E. Speech, language and hearing therapy; [PL 2017, c. 111, §1 (RPR).] F. Psychiatric, psychological and social services, including positive behavior management; [PL 2017, c. 111, §1 (RPR).] G. [PL 2017, c. 111, §1 (RP).] H. [PL 2017, c. 111, §1 (RP).] I. [PL 2017, c. 111, §1 (RP).] J. Job development, placement and retention services; [PL 2017, c. 111, §1 (RPR).] K. Supported employment services and extended services; [PL 2017, c. 111, §1 (RPR).] L. Extended employment for people with severe disabilities who cannot readily enter the competitive labor market; [PL 2017, c. 111, §1 (RPR).] M. Evaluation or control of specific disabilities; [PL 2017, c. 111, §1 (NEW).] N. Rehabilitation technology services; [PL 2017, c. 111, §1 (NEW).] O. Assessment for determining program eligibility and vocational rehabilitation needs; [PL 2017, c. 111, §1 (NEW).] P. Orientation and mobility services for individuals who are blind or visually impaired; [PL 2017, c. 111, §1 (NEW).] Q. Psychosocial rehabilitation services; [PL 2017, c. 111, §1 (NEW).] R. Customized employment; [PL 2017, c. 111, §1 (NEW).] S. Services to family members, if necessary, to enable an applicant or eligible individual to achieve an employment outcome; and [PL 2017, c. 111, §1 (NEW).] T. Personal assistance services. [PL 2017, c. 111, §1 (NEW).] [PL 2017, c. 111, §1 (RPR).]

1-A. Competitive integrated employment. "Competitive integrated employment" means work that is compensated at or above the state or local minimum wage; is not compensated at less than the customary rate and level of benefits paid by the employer for the same or similar work performed by other employees without disabilities who have similar training, experience and skills; takes place in such a way that the employee with the disability interacts with other persons without disabilities to the same extent as employees without disabilities in comparable positions; and presents opportunities for advancement similar to those opportunities available for other employees without disabilities in similar positions. [PL 2017, c. 111, §2 (NEW).]

2. Disadvantaged individuals. [PL 2017, c. 111, §3 (RP).]

3. Evaluation and vocational services. "Evaluation and vocational services" includes, as appropriate in each case, such services as: A. A preliminary diagnostic study to determine that the individual has a disability-related barrier to employment and that services are needed; [PL 2017, c. 111, §4 (AMD).] B. A diagnostic study consisting of a comprehensive evaluation of pertinent medical, psychological, vocational, educational, cultural, social and environmental factors that bear on the individual's barrier to employment and rehabilitation potential, including, to the degree needed, an evaluation of the individual's personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities and other pertinent data helpful in determining the nature and scope of services needed; [PL 1995, c. 560, Pt. F, §13 (NEW).] C. Services to appraise the individual's patterns of work behavior and ability to acquire occupational skills and to develop work attitudes, work habits, work tolerances and social and behavior patterns suitable for successful job performance, including the utilization of work, simulated or real, to assess and develop the individual's capacities to perform adequately in a work environment; [PL 1995, c. 560, Pt. F, §13 (NEW).] D. Any other goods or services provided to an individual with a disability that are determined in accordance with federal regulations to be necessary for, and are provided for the purpose of, ascertaining the nature of the barrier to employment and whether it may reasonably be expected that the individual can benefit from vocational rehabilitation services or other services available to individuals with disabilities; [PL 2017, c. 111, §5 (AMD).] E. Outreach, referral and advocacy; and [PL 1995, c. 560, Pt. F, §13 (NEW).] F. The administration of these evaluation and vocational services. [PL 1995, c. 560, Pt. F, §13 (NEW).] [PL 2017, c. 111, §§4, 5 (AMD).]

4. Gainful employment. [PL 2017, c. 111, §6 (RP).]

5. Person with a disability. "Person with a disability" means an individual who has a physical or mental disability that constitutes a substantial barrier to employment but who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services. "Person with a disability" also means an individual who has a physical or mental disability that constitutes a substantial barrier to employment and for whom vocational rehabilitation services are necessary to determine rehabilitation potential. An "individual who has a physical or mental disability" means an individual who has a physical or mental condition that materially limits, contributes to limiting or, if not corrected, results in limiting that individual's activities or functions. [PL 2017, c. 111, §7 (AMD).]

6. Rehabilitation services. "Rehabilitation services," which may be provided directly or through public or private resources, means goods and services necessary to assist a person with a disability to engage in competitive integrated employment or to determine the individual's rehabilitation potential, including but not limited to vocational rehabilitation services. Vocational rehabilitation services available to people with disabilities include: A. Evaluation, including diagnostic and related services, incidental to the determination of eligibility for and the nature and scope of services to be provided; [PL 1995, c. 560, Pt. F, §13 (NEW).] B. Counseling, guidance and placement services for people with disabilities, including follow-up services to assist those individuals to maintain employment; [PL 1995, c. 560, Pt. F, §13 (NEW).] C. Training services for people with disabilities, which may include personal and vocational adjustment, on-the-job training, books, tools and other training materials; [PL 2017, c. 111, §8 (AMD).] D. Interpreting and other specific services necessary to meet the unique needs of those persons who are deaf or hard of hearing. These services must include the aid of qualified personnel and interpreters who can relate to and communicate on an effective and meaningful basis with persons who are deaf or hard of hearing; [PL 2021, c. 348, §41 (AMD).] E. Recruitment and training services for people with disabilities to provide them with suitable employment opportunities; [PL 1995, c. 560, Pt. F, §13 (NEW).] F. Physical restoration services, including but not limited to: (1) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and constitutes a substantial barrier to employment but is of such a nature that correction or modification may reasonably be expected to eliminate or substantially reduce the barrier within a reasonable length of time; (2) Necessary hospitalization in connection with surgery or treatment; (3) Prosthetic and orthotic devices; and (4) Eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist; [PL 2017, c. 111, §8 (AMD).] G. Maintenance as necessary during rehabilitation, as established by the rules of the department; [PL 1995, c. 560, Pt. F, §13 (NEW).] H. Occupational licenses, tools, equipment and initial stocks and supplies; [PL 1995, c. 560, Pt. F, §13 (NEW).] I. In the case of a small business operated by people with significant disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and that supervision, alone or together with the acquisition by the department of vending stands or other equipment and initial stocks and supplies; [PL 2017, c. 111, §8 (AMD).] J. The construction or establishment, in accordance with federal regulations, of public or other nonprofit community rehabilitation programs and the provision of other facilities and services that may contribute substantially to the rehabilitation of a group of individuals but are not related directly to the rehabilitation plan of any one person with a disability; [PL 1995, c. 560, Pt. F, §13 (NEW).] K. Transportation in connection with the rendering of any other rehabilitation service; [PL 1995, c. 560, Pt. F, §13 (NEW).] L. Any other goods and services necessary to render a person with a disability employable; [PL 2017, c. 111, §8 (AMD).] M. Services to the families of people with disabilities when the services will contribute substantially to the rehabilitation of the individuals; [PL 2017, c. 111, §8 (AMD).] N. Services for students and youth with disabilities to facilitate transition from school to postsecondary life, such as achievement of a competitive integrated employment outcome; [PL 2017, c. 111, §8 (NEW).] O. Preemployment transition services to students with disabilities in a secondary, postsecondary or other recognized education program, including job exploration counseling; work-based learning experiences; counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs; workplace readiness training; and self-advocacy instruction; [PL 2017, c. 111, §8 (NEW).] P. Reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind or visually impaired; and [PL 2017, c. 111, §8 (NEW).] Q. Rehabilitation technology services to systematically apply technologies, engineering methodologies or scientific principles to address barriers confronted by individuals with disabilities. [PL 2017, c. 111, §8 (NEW).] [PL 2021, c. 348, §41 (AMD).]
26 M.R.S. § 1232 — ME Code / Title 26 / Chapter 13 / Section 1232
26 §1232. Licenses
Status: in_force

1. Information provided to commissioner. At the request of the commissioner, every department, board, commission, division, authority, district or other agency of the State issuing or renewing a license or other certificate of authority to conduct a profession, trade or business shall provide to the commissioner, in such form as the commissioner may prescribe, a list of all licenses or certificates of authority issued or renewed by that agency during the preceding calendar year, beginning with calendar year 1993. The list provided to the commissioner must contain the name, address, social security or federal identification number of the licensees and such other identifying information as the commissioner may adopt by rule. Notwithstanding other provisions of law, a person seeking a license or certificate of authority or a renewal shall provide, and the responsible agency shall collect, the information required by the commissioner under this section. Failure by a person to provide that information to a licensing or certifying agency results in an automatic denial of a request for a license or certificate of authority or a renewal. [PL 1993, c. 312, §5 (NEW).]

2. Failure to file or pay taxes; determination to prevent renewal, reissuance or other extension of license or certificate. If the commissioner determines that an employer who holds a state-issued license or certificate of authority to conduct a profession, trade or business has failed to file a return at the time required under this chapter or has failed to pay a tax liability due under this chapter that has been demanded and the employer continues to fail to file or pay after at least 2 specific written requests to do so, the commissioner shall notify the employer in writing by certified mail, return receipt requested, that refusal to file the required tax return or to pay the overdue tax liability may result in loss of license or certificate of authority. This written notice must include information about the opportunity to request a fact-finding interview for the purpose of determining essential facts, negotiating a payment agreement and determining the appropriateness of further enforcement under this section. If the employer requests a fact-finding interview within 30 days, the commissioner shall schedule the interview at which the commissioner shall attempt to negotiate a reasonable payment agreement. The employer must be notified in writing if the commissioner's determination is to prevent renewal, reissuance or extension of the license or certificate of authority by the issuing agency. If the employer enters into a payment agreement, a determination may not be made under this section until the employer fails to comply with the agreement. If the employer continues, for a period in excess of 30 days from notice of possible denial of renewal or reissuance of a license or certificate of authority, to fail to file or show reason why the person is not required to file or if the employer continues not to pay, the commissioner shall notify the employer in writing of the determination to prevent renewal, reissuance or extension of the license or certificate of authority by the issuing agency. A review of the determination is available by filing an appeal under section 1226 to the Division of Administrative Hearings. Either by failure to proceed to the next step of appeal or by exhaustion of the steps of appeal, the determination of the commissioner's right to prevent renewal or reissuance becomes final unless otherwise determined by appeal. In any event, the license or certificate of authority in question remains in effect until all appeals are taken to their final conclusion. This subsection may not be invoked for any tax liability under appeal. [PL 2019, c. 585, §6 (AMD).]

3. Refusal to renew, reissue or otherwise extend license or certificate. Notwithstanding any other provision of law, any issuing agency that is notified by the commissioner of the commissioner's final determination to prevent renewal or reissuance of a license or certificate of authority under subsection 2 shall refuse to reissue, renew or otherwise extend the license or certificate of authority. Notwithstanding Title 5, sections 10003 and 10005 , an action by an issuing agency pursuant to this subsection is not subject to the requirements of Title 5, chapter 375, subchapters IV and VI and no hearing by the issuing agency or in District Court is required. A refusal by an agency to reissue, renew or otherwise extend the license or certificate of authority is deemed a final determination within the meaning of Title 5, section 10002 . [PL 1993, c. 312, §5 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

4. Subsequent reissuance, renewal or other extension of license or certificate. The agency may reissue, renew or otherwise extend the license or certificate of authority in accordance with the agency's statutes and rules after the agency receives a certificate issued by the commissioner that the person is in good standing with respect to all returns due or with respect to any tax due as of the date of issuance of the certificate. An agency may waive any applicable requirement for reissuance, renewal or other extension if it determines that the imposition of that requirement places an undue burden on the person and that a waiver of the requirement is consistent with the public interest. [PL 1993, c. 312, §5 (NEW).]

5. Financial institutions excluded. This section does not apply to any registration, permit, order or approval issued pursuant to Title 9‑B nor does it apply to tax registration certificates issued by the Bureau of Revenue Services for sales tax, withholding tax and fuel tax. [PL 1993, c. 312, §5 (NEW); PL 1997, c. 526, §14 (AMD).]
26 M.R.S. § 1404 — ME Code / Title 26 / Chapter 19 / Section 1404
26 §1404. Migrant and immigrant worker assistance outreach project
Status: in_force

The department, to the extent possible within available resources, shall establish a migrant and immigrant worker assistance outreach project to assist migrant and immigrant workers in the State. The project shall coordinate with employers, employees, labor unions, nonprofit agencies and government agencies that serve migrant and immigrant workers to promote efforts that: [PL 1997, c. 620, §1 (NEW).]

1. Educate. Educate employers and migrant and immigrant workers about state and federal laws that establish workers' employment-related rights and responsibilities; [PL 1997, c. 620, §1 (NEW).]

2. Facilitate. Facilitate access for non-English-speaking workers to necessary translation services and programs that teach English as a 2nd language; [PL 1997, c. 620, §1 (NEW).]

3. Assist. Assist migrant and immigrant workers in obtaining services necessary to improve their health and safety and broaden their employment opportunities; and [PL 1997, c. 620, §1 (NEW).]

4. Advocate. Advocate for migrant and immigrant workers who seek redress of their grievances or who seek to make claims through government agencies and facilitate workers' access to legal services. [PL 1997, c. 620, §1 (NEW).]
26 M.R.S. § 42-B — ME Code / Title 26 / Chapter 3 / Section 42-B
26 §42-B. Bureau to furnish poster or notice outlining state labor laws
Status: in_force

1. Bureau to furnish poster or notice. The bureau shall produce and furnish to employers posters or notices in electronic or printed form outlining state labor laws applicable to those employers and regulating: A. Employment of minors; [PL 2001, c. 242, §1 (NEW).] B. Time of payment of wages; [PL 2001, c. 242, §1 (NEW).] C. Safety and health of employees; [PL 2017, c. 219, §2 (AMD).] D. Family medical leave; [PL 2017, c. 219, §2 (AMD).] E. Video display terminal safety as described in section 252, subsection 1 ; [PL 2019, c. 156, §1 (AMD); PL 2019, c. 156, §4 (AFF).] F. Minimum wage and overtime provisions as described in section 664 ; [PL 2023, c. 412, Pt. AAA, §4 (AMD).] G. Earned paid leave; and [PL 2023, c. 412, Pt. AAA, §5 (AMD).] H. Paid family and medical leave as provided in chapter 7, subchapter 6‑C . [PL 2023, c. 412, Pt. AAA, §6 (NEW).] The posters or notices may also include such other laws as may be required or useful. [PL 2023, c. 412, Pt. AAA, §§4-6 (AMD).]

2. Notice of cause for termination. The bureau shall include in one of the posters or notices under subsection 1 the following information regarding at-will employment: Under Maine law, an at-will employee may be terminated for any reason not specifically prohibited by law. In most instances, you are an at-will employee unless you are covered by a collective bargaining agreement or other contract that limits termination. If you have questions about at-will employment, contact your human resources department or the State Department of Labor, Bureau of Labor Standards. The notice must be printed in bold type of at least 24 points. [PL 2003, c. 442, §1 (AMD).]

3. Employer to post notice. An employer subject to the laws outlined in the poster or notice issued by the bureau pursuant to subsection 1 shall post and keep posted in a place accessible to the employer's employees a copy of the poster or notice furnished by the bureau. An employer who violates this section may be assessed a fine by the department payable to the State as follows: A. For the first violation, a fine of up to $25 per day after being notified by the bureau of the violation, not to exceed $1,000; [PL 2017, c. 219, §3 (NEW).] B. For a 2nd violation occurring within 3 years of a prior adjudication for a violation of this section, a fine of not less than $25 per day after being notified by the bureau of the violation or more than $50 per day, not to exceed $2,500; or [PL 2017, c. 219, §3 (NEW).] C. For a 3rd or subsequent violation occurring within 3 years of 2 or more prior adjudications for a violation of this section, a fine of not less than $25 per day after being notified by the bureau of the violation or more than $100 per day, not to exceed $5,000. [PL 2017, c. 219, §3 (NEW).] [PL 2017, c. 219, §3 (AMD).]
26 M.R.S. § 643-B — ME Code / Title 26 / Chapter 7 / Section 643-B
26 §643-B. Farm labor contractor registration
Status: in_force

Each farm labor contractor employing migrant and seasonal farm workers shall file a copy of its federal registration under the federal Migrant and Seasonal Agricultural Worker Protection Act with the bureau. The filing must include in-state contact information for the farm labor contractor or the farm labor contractor's representative. [PL 2009, c. 201, §5 (NEW).]
26 M.R.S. § 1416-B — ME Code / Title 26 / Chapter 19 / Section 1416-B
26 §1416-B. Improving recreational opportunities for persons with disabilities
Status: in_force

In addition to its existing duties, the Statewide Independent Living Council, established pursuant to 29 United States Code, Sections 796 to 796f (1999) and administered by the Bureau of Rehabilitation Services, through a standing committee on recreational opportunities for persons with disabilities, shall perform the following duties: [PL 1999, c. 58, §4 (NEW).]

1. Advise commissioners. Advise the Commissioner of Labor, the Commissioner of Health and Human Services, the Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Transportation, the Commissioner of Marine Resources, the Commissioner of Economic and Community Development and the Commissioner of Inland Fisheries and Wildlife on ways: A. To provide technical consultation for increasing participation and inclusion for persons with disabilities in all areas of recreation, which are a matter of public policy; and [PL 1999, c. 58, §4 (NEW).] B. To promote the expansion of existing and the creation of new public recreational areas that are accessible to persons with disabilities; [PL 1999, c. 58, §4 (NEW).] [PL 1999, c. 58, §4 (NEW); PL 2003, c. 689, Pt. B, §7 (REV); PL 2011, c. 657, Pt. W, §6 (REV).]

2. Educate public. Make the public aware of existing recreational opportunities that are accessible to persons with disabilities; [PL 1999, c. 58, §4 (NEW).]

3. Provide information. Provide and disseminate information and education to public and private clubs, organizations and civic groups and to individuals on making recreation accessible to persons with disabilities; and [PL 1999, c. 58, §4 (NEW).]

4. Conduct evaluations and provide technical assistance. In conjunction with the Bureau of Rehabilitation Services' staff, conduct accessibility evaluations upon request and provide technical assistance to recreation providers and users with regard to providing access for persons with disabilities. [PL 1999, c. 58, §4 (NEW).]
26 M.R.S. § 1411-F — ME Code / Title 26 / Chapter 19 / Section 1411-F
26 §1411-F. Receipt and disbursement of funds
Status: in_force

The Treasurer of State is the appropriate officer of the State to receive and administer federal grants for rehabilitation programs, as contemplated by the federal Rehabilitation Act of 1973 and acts amendatory and additional to the federal Rehabilitation Act of 1973, and the State Controller shall authorize expenditures as approved by the department. [PL 2015, c. 141, §11 (AMD).]
26 M.R.S. § 665 — ME Code / Title 26 / Chapter 7 / Section 665
26 §665. Powers and duties of commissioner
Status: in_force

1. Examination of records, books; copies. Every employer subject to this subchapter shall keep a true and accurate record of the hours worked by each employee and of the wages paid, such records to be preserved by the employer for a period of at least 3 years, and shall furnish to each employee with each payment of wages a statement that clearly shows the date of the pay period, the hours, total earnings and itemized deductions. An employer making payment by direct deposit or other means of electronic transfer shall provide each employee with an accurate record of the transfer, including the date of the pay period, the hours, total earnings and itemized deductions, when the transfer is made. If the record is provided in an electronic format the employer shall provide a method by which the employee may have ready access to the information and print it without cost to the employee. The director or the director's authorized representative may, and upon written complaint shall have authority to enter the place of business or employment of any employer or employees in the State, as defined in section 663 , for the purpose of examining and inspecting such records and copy any or all of such records as the director or the director's authorized representative determines necessary or appropriate. All information received is considered confidential and may not be divulged to any other person or agency, except as may be necessary for the enforcement of this subchapter. [PL 2005, c. 89, §2 (AMD).]

2. Rules. The director may make and adopt from time to time, pursuant to Title 5, chapter 375, subchapter 2-A, such rules, not inconsistent with this subchapter, as the director considers appropriate or necessary for the proper administration and enforcement of this subchapter. The rules affecting any particular class of employees and employers must be made and adopted only after notice and opportunity to be heard to those employees and employers affected. [RR 2023, c. 2, Pt. E, §24 (COR).]
26 M.R.S. § 825 — ME Code / Title 26 / Chapter 7 / Section 825
26 §825. Remedies ordered by court (REALLOCATED TO TITLE 26, SECTION 835)
Status: in_force

(REALLOCATED TO TITLE 26, SECTION 835)
26 M.R.S. § 3207 — ME Code / Title 26 / Chapter 37 / Section 3207
26 §3207. Limitations
Status: in_force

1. Invalidate. Nothing in this chapter or in an apprenticeship agreement may be construed to invalidate: A. An apprenticeship provision in a collective bargaining agreement between employers and employees establishing more stringent apprenticeship standards; or [PL 2011, c. 491, §13 (NEW).] B. A special provision for veterans, minorities or women in the standards, apprentice qualifications or operation of an apprenticeship program or in the apprenticeship agreement that is not otherwise prohibited by law, executive order or authorized regulation or rule. [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]
26 M.R.S. § 1034 — ME Code / Title 26 / Chapter 12 / Section 1034
26 §1034. Separability
Status: in_force

1. Severability. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, 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 and the application of such provision to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that this chapter would have been adopted had such invalid provisions not been included. [PL 1975, c. 603, §1 (NEW).]

2. No restriction on eligibility for federal grant-in-aid or assistance programs. Nothing in this chapter or any contract negotiated pursuant to this chapter may in any way be interpreted or allowed to restrict or impair the eligibility of the university, any of its campuses or units, academy or community colleges in obtaining the benefits under any federal grant-in-aid or assistance programs. [PL 1989, c. 443, §77 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
26 M.R.S. § 2051 — ME Code / Title 26 / Chapter 26 / Section 2051
26 §2051. Trade adjustment assistance for workers
Status: in_force

The Department of Labor may administer and operate a program of trade adjustment assistance to workers as provided under United States Trade Act of 1974, Title II, Chapter 2, Public Law 93-618, Title 19, United States Code, Sections 2271 to 2322, referred to in this subchapter as the Act and any amendments and additions to the Act. The commissioner may promulgate rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , to establish procedures implementing the Act. [PL 1985, c. 346, §2 (NEW).]
26 M.R.S. § 1284-A — ME Code / Title 26 / Chapter 14 / Section 1284-A
26 §1284-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, §4 (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, §4 (NEW).]
26 M.R.S. § 2074 — ME Code / Title 26 / Chapter 27 / Section 2074
26 §2074. Deprivation of right; cause of action
Status: in_force

Any person who is given a first right of hire by section 2072 , who is deprived of that right by the action or inaction of the new operator of the rail line, shall have a cause of action against the new operator to enforce the right of hire guarantee by this Act, and may bring such an action in the Superior Court seeking an order for damages and requiring that the complainant be hired. Any person whose rights under this Act are found to have been violated by the new operator shall receive as damages an award of back pay from the date the person should have been hired until the date actually hired or until the claimant declines a bona fide offer of employment, plus attorneys fees and all other reasonable costs of litigation. If it is shown that the new operator willfully failed to comply with section 2072 , in whole or in part, for a reason which is contrary to state or federal law, the complainant shall receive an award of treble damages without any reduction for outside earnings or unemployment benefits. [PL 1987, c. 327 (NEW).]
26 M.R.S. § 850-A — ME Code / Title 26 / Chapter 7 / Section 850-A
26 §850-A. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

1. Administrator. "Administrator" means the department administering the program or an authorized 3rd party conducting any functions necessary to implement and operate the program. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Authority. "Authority" means the Paid Family and Medical Leave Benefits Authority, under section 850‑O . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Average weekly wage. "Average weekly wage," as used to establish the maximum weekly benefit amount for purposes of this subchapter, means 1/52 of aggregate total wages paid in the State for a covered individual, as reported on employer contribution reports for the calendar year, divided by the arithmetic mean of midmonth weekly covered employment reported on employer contribution reports for the calendar year in the form and manner determined by the department. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Base period. "Base period" means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year. [PL 2023, c. 643, Pt. ZZZ, §1 (AMD).]

5. Benefit year. "Benefit year" means the 12-month period beginning on the first day of the calendar week immediately preceding the first date of approved family or medical leave. [PL 2023, c. 643, Pt. ZZZ, §2 (AMD).]

6. Commissioner. "Commissioner" means the Commissioner of Labor. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

7. Contributions. "Contributions" means the payments remitted by an employer or self-employed individual to the fund, as required by this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

8. Controller. "Controller" means the State Controller. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

9. Covered individual. "Covered individual" means a person who: A. Earned at least 6 times the state average weekly wage in wages subject to premiums under this subchapter during the individual's base period or elects coverage and meets the requirements of section 850‑G ; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Meets the administrative requirements outlined in this subchapter and any rules adopted pursuant to this subchapter and files an application for family leave benefits or medical leave benefits. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

10. Covered service member. "Covered service member" means: A. A member of the United States Armed Forces, including the National Guard and the Reserves of the United States Armed Forces, who is: (1) Undergoing medical treatment, recuperation or therapy or otherwise receiving outpatient treatment; or (2) Otherwise on the United States Armed Forces' temporary disability retired list for a serious injury or illness that was incurred by the member in the line of duty in the United States Armed Forces or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the United States Armed Forces; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. A former member of the United States Armed Forces, including the National Guard and the Reserves of the United States Armed Forces, who is undergoing medical treatment, recuperation or therapy for a serious injury or illness that was incurred by the member in the line of duty in the United States Armed Forces or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the United States Armed Forces and manifested before or after the member was discharged or released from service. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

11. Department. "Department" means the Department of Labor. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

12. Domestic partner. "Domestic partner" has the same meaning as in Title 1, section 72, subsection 2‑C . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

13. Employee. "Employee" means a 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 in the State but does not include an independent contractor. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

14. Employer. "Employer" means: A. Any person, sole proprietorship, partnership, corporation, association or other business entity that employs employees at a location in this State; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. The State, including the executive, legislative and judicial branches, and a state department or agency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. A county, city, town or municipal agency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. An agent of an employer, the State or a political subdivision of the State; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. A public employer, as defined in section 962, subsection 7 ; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. A tribal government that has elected coverage pursuant to section 850‑G . [PL 2023, c. 412, Pt. AAA, §7 (NEW).] "Employer" does not include the Federal Government. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

15. Employment. "Employment" means a service performed for wages. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

16. Employment benefits. "Employment benefits" means all benefits provided or made available to employees by an employer, including, but not limited to, group life insurance, health insurance, disability insurance, sick leave, annual or vacation leave, educational benefits and pensions. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

17. Family leave. "Family leave" means leave taken pursuant to section 850‑B, subsection 2 . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

18. Family leave benefits. "Family leave benefits" means wage replacement paid pursuant to sections 850‑B and 850‑C to a covered individual while the covered individual is on family leave. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

19. Family member. "Family member" means, with respect to a covered individual or spouse or domestic partner of a covered individual: A. Regardless of age, a child, including a child whose parentage has been determined under the Maine Parentage Act or any other biological child, adopted child, foster child or stepchild, or a child to whom the covered individual or spouse or domestic partner of the covered individual stands in loco parentis or a child the covered individual or spouse or domestic partner of the covered individual has under legal guardianship or any individual to whom the covered individual or spouse or domestic partner of the covered individual stood in any of these relationships when the individual was a minor child; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. A parent, including a legal parent, biological parent, adoptive parent, foster parent, stepparent, de facto parent or legal guardian or a person who stood in loco parentis when the covered individual or spouse or domestic partner of the covered individual was a minor child; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. A grandparent, including a legal grandparent, biological grandparent, adoptive grandparent, foster grandparent, stepgrandparent or de facto grandparent; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. A grandchild, including a legal grandchild, biological grandchild, adoptive grandchild, foster grandchild, stepgrandchild or de facto grandchild; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. A sibling, including a legal sibling, biological sibling, adoptive sibling, foster sibling, stepsibling or de facto sibling; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. A spouse or domestic partner of a covered individual; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).] G. As designated by the covered individual in accordance with rule, an individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

20. Fund. "Fund" means the Paid Family and Medical Leave Insurance Fund established under section 850‑E . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

21. Health care provider. "Health care provider" means an individual licensed to practice medicine, surgery, dentistry, chiropractic, podiatry, midwifery or osteopathy or any other individual determined by the administrator to be capable of providing health care services. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

22. Medical leave. "Medical leave" means leave taken pursuant to section 850‑B, subsection 3 . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

23. Medical leave benefits. "Medical leave benefits" means wage replacement paid pursuant to sections 850‑B and 850‑C to a covered individual while the covered individual is on medical leave. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

24. Program. "Program" means the paid family and medical leave benefits program established in section 850‑B . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

25. Qualifying exigency. "Qualifying exigency" means an exigency determined pursuant to the federal Family and Medical Leave Act of 1993, 29 United States Code, Section 2612(a)(1)(E). [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

26. Safe leave. "Safe leave" means any leave taken because the covered individual or the covered individual's family member is a victim of violence, assault, sexual assault under Title 17‑A, chapter 11 , stalking or any act that would support an order for protection under Title 19‑A, chapter 103 . Safe leave under this subchapter applies if the covered individual is using the leave to protect the covered individual or the covered individual's family member by: A. Seeking an order for protection under Title 19‑A, chapter 103 ; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Obtaining medical care or mental health counseling for the covered individual or for the covered individual's family member to address physical or psychological injuries resulting from the act of violence, assault, sexual assault or stalking or act that would support an order for protection under Title 19‑A, chapter 103 ; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. Making the covered individual's or the covered individual's family member's home secure from the perpetrator of the act of violence, assault, sexual assault or stalking or act that would support an order for protection under Title 19‑A, chapter 103 or seeking new housing to escape the perpetrator; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. Seeking legal assistance to address issues arising from the act of violence, assault, sexual assault or stalking or act that would support an order for protection under Title 19‑A, chapter 103 or attending and preparing for court-related proceedings arising from the act or crime. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

27. Self-employed individual. "Self-employed individual" means an independent contractor as described in section 1043, subsection 11, paragraph E , a sole proprietor, a member of a limited liability company or limited liability partnership or an individual whose net profit or loss from a business must be reported to the Department of Administrative and Financial Services, Bureau of Revenue Services and who resides in the State. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

28. Serious health condition. "Serious health condition" means an illness, injury, impairment, pregnancy, recovery from childbirth or physical, mental or psychological condition that involves inpatient care in a hospital, hospice or residential medical care center or continuing treatment by a health care provider. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

29. Spouse. "Spouse" has the same meaning as in Title 18‑C, section 1‑201, subsection 54 . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

30. State average weekly wage. "State average weekly wage" means the average weekly wage as published by the department for the State as a whole for the 12 most recently reported months. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

31. Wages. "Wages" includes, but is not limited to, salary, wages, tips, commissions and other compensation as determined by rule. For a self-employed individual who elects coverage under section 850‑G , "wages" includes, but is not limited to, self-employment income as defined by 26 United States Code, Section 1402(b). [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

32. Weekly benefit amount. "Weekly benefit amount" means the amount of wage replacement paid to a covered individual on a weekly basis while the covered individual is on family leave or medical leave as provided in section 850‑C . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 47 — ME Code / Title 26 / Chapter 3 / Section 47
26 §47. Municipal officers to furnish information
Status: in_force

All state, county, city and town officers are directed to furnish the director, upon the director's request, statistical or other information contemplated by sections 42 to 45 in their possession as officers. [RR 2023, c. 2, Pt. E, §4 (COR).]
26 M.R.S. § 1412-F — ME Code / Title 26 / Chapter 19 / Section 1412-F
26 §1412-F. Adoption of a grievance procedure concerning discrimination on the basis of disability
Status: in_force

The commissioner shall adopt rules pursuant to Title 5, chapter 375, subchapter II to create a grievance procedure applicable to all bodies of State Government in accordance with 45 Code of Federal Regulations, Section 84.7 and with 28 Code of Federal Regulations, Section 35.107(b). To the extent that a grievance procedure adopted under this section conflicts with a grievance procedure otherwise adopted by a state agency to comply with 45 Code of Federal Regulations, Section 84.7, the procedure adopted under this section controls, except in cases of conflict with other federal regulations. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 3212 — ME Code / Title 26 / Chapter 37 / Section 3212
26 §3212. Rulemaking
Status: in_force

The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A to implement the provisions of this chapter. [PL 2011, c. 491, §13 (NEW).]
26 M.R.S. § 962 — ME Code / Title 26 / Chapter 9-A / Section 962
26 §962. Definitions
Status: in_force

As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings. [PL 1969, c. 424, §1 (NEW).]

1. Board. "Board" means the Maine Labor Relations Board referred to in section 968 . [PL 1975, c. 564, §9 (AMD).]

2. Bargaining agent. "Bargaining agent" means any lawful organization, association or individual representative of such 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 or by the executive director of the board to be the choice of the majority of the unit as their representative. [PL 1973, c. 458, §1 (AMD).]

2-A. Bureau. [PL 1975, c. 564, §10 (RP).]

3. Commissioner. [PL 1971, c. 620, §13 (RP).]

4. Department. [PL 1971, c. 620, §13 (RP).]

4-A. Director. [PL 1975, c. 564, §11 (RP).]

4-B. Executive director. "Executive director" means the Executive Director of the Maine Labor Relations Board. [PL 1975, c. 564, §12 (AMD).]

5. Professional employee. "Professional employee" means any employee engaged in work: A. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; [PL 1969, c. 424, §1 (NEW).] B. Involving the consistent exercise of discretion and judgment in its performance; [PL 1969, c. 424, §1 (NEW).] C. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given time period; and [PL 1969, c. 424, §1 (NEW).] D. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes. [PL 1969, c. 424, §1 (NEW).] [PL 1975, c. 564, §§9-12 (AMD).]

6. Public employee. "Public employee" means an employee of a public employer, except a person: A. Elected by popular vote; [RR 2021, c. 2, Pt. A, §89 (COR).] B. Appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, except that appointees to county offices may not be excluded under this paragraph unless defined as a county commissioner under Title 30‑A, section 1302 ; [RR 2021, c. 2, Pt. A, §89 (COR).] C. Whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head, body, department head or division head; [RR 2021, c. 2, Pt. A, §89 (COR).] D. Who is a department head or division head appointed to office pursuant to statute, ordinance or resolution for an unspecified term by the executive head or body of the public employer; [RR 2021, c. 2, Pt. A, §89 (COR).] E. Who is a superintendent or assistant superintendent of a school system; [RR 2021, c. 2, Pt. A, §89 (COR).] F. [PL 2021, c. 601, §3 (RP).] G. Who is a temporary, seasonal or on-call employee; or [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 654, §1 (AMD); PL 1989, c. 654, §13 (AFF).] H. Who is a prisoner employed by a public employer during the prisoner's term of imprisonment, except for prisoners who are in a work release program or supervised community confinement pursuant to Title 34‑A, section 3036‑A . [PL 2013, c. 133, §21 (AMD).] [RR 2021, c. 2, Pt. A, §89 (COR).]

7. Public employer. "Public employer" means: A. Any officer, board, commission, council, committee or other persons or body acting on behalf of: (1) Any municipality or any subdivision of a municipality; (2) Any school, water, sewer, fire or other district; (3) The Maine Turnpike Authority; (5) Any county or subdivision of a county; (6) The Maine Public Employees Retirement System; (7) The Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf; or (8) Any innovative, autonomous public school, innovative public school district, innovative public school zone or teacher-led school created and operated under Title 20‑A, section 6212 or 6213 ; [PL 2013, c. 303, §6 (AMD).] B. Any employer not covered by any other state or federal collective bargaining law that is: (1) Established directly by the State or a political subdivision to constitute a department or administrative office of government; or (2) Administered by individuals responsible to public officials or to the general electorate. [PL 1991, c. 576 (NEW).] If any public employer, as defined in this or any other section, controls the operations of another employer to the extent that the public employer deprives that other employer of sufficient control over its own employees to enable it to bargain with a labor organization representing those employees, the public employer must be treated as the employer of those employees for the purposes of this chapter. [PL 2013, c. 303, §6 (AMD).]
26 M.R.S. § 689 — ME Code / Title 26 / Chapter 7 / Section 689
26 §689. Violation and remedies
Status: in_force

This section governs the enforcement of this subchapter. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

1. Remedies. Any employer who violates this subchapter is liable to any employee subjected to discipline or discharge based on that violation for: A. An amount equal to 3 times any lost wages; [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. Reinstatement of the employee to the employee's job with full benefits; [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] C. Court costs; and [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] D. Reasonable attorney's fees, as set by the court. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

2. Breach of confidentiality. In addition to the liability imposed under subsection 1 , any person who violates section 684, subsection 4, paragraph C , or section 685, subsection 3 : A. For the first offense, is subject to a civil penalty not to exceed $1,000, payable to the affected employee, to be recovered in a civil action; and [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. For any subsequent offense, is subject to a civil penalty of $2,000, payable to the affected employee, to be recovered in a civil action. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

3. Harassment. In addition to the liability imposed under subsection 1 , any employer who requires or repeatedly attempts to require an employee or applicant to submit to a substance use test under conditions that would not justify the test under this subchapter or who without substantial justification repeatedly requires an employee to submit to a substance use test under section 684, subsection 3 : A. Is subject to a civil penalty not to exceed $1,000, payable to the affected employee, to be recovered in a civil action; and [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. For any subsequent offense against the same employee, is subject to a civil penalty of $2,000, payable to the affected employee, to be recovered in a civil action. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] [PL 2017, c. 407, Pt. A, §112 (AMD).]

4. Enforcement. The Department of Labor or the affected employee or employees may enforce this subchapter. The department may: A. Collect the judgment on behalf of the employee or employees; and [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. Supervise the payment of the judgment and the reinstatement of the employee or employees. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
26 M.R.S. § 969 — ME Code / Title 26 / Chapter 9-A / Section 969
26 §969. Municipal personnel board or civil service authority
Status: in_force

Nothing in this chapter shall diminish the authority and power of any municipal civil service commission or personnel board or its agents established by statute, charter or special act to conduct and grade merit examinations and to rate candidates in the order of their relative excellence from which appointments or promotions may be made to positions in the competitive division of the classified service of the municipal employer served by such a civil service commission or personnel board. The conduct and the grading of merit examinations, the rating of candidates and the establishment of lists from such examinations and the appointments from such lists shall not be subject to collective bargaining. If a collective bargaining agreement between a public employer and a bargaining agent contains provisions for binding arbitration of grievances involving the following matters: The demotion, lay-off, reinstatement, suspension, removal, discharge or discipline of any public employee, such provisions shall be controlling in the event they are in conflict with any authority and power, involving such matters, of any such municipal civil service commission or personnel board or its agents. [PL 1969, c. 424, §1 (NEW).]
26 M.R.S. § 1024-A — ME Code / Title 26 / Chapter 12 / Section 1024-A
26 §1024-A. Bargaining units
Status: in_force

1. Legislative intent. It is the express legislative intent that, in order to foster meaningful collective bargaining, units shall be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, bargaining units shall be structured on a university system-wide basis with one unit for each of the following occupational groups: A. Faculty; [PL 1979, c. 541, Pt. B, §31 (NEW).] B. Professional and administrative staff; [PL 1979, c. 541, Pt. B, §31 (NEW).] C. Clerical, office, laboratory and technical; [PL 1979, c. 541, Pt. B, §31 (NEW).] D. Service and maintenance; [PL 1979, c. 541, Pt. B, §31 (NEW).] E. Supervisory classified; and [PL 1979, c. 541, Pt. B, §31 (NEW).] F. Police. [PL 1979, c. 541, Pt. B, §31 (NEW).] It is intended that Cooperative Extension Service employees be included in appropriate units. [PL 1985, c. 506, Pt. B, §24 (AMD).]

2. Academy units. It is the express legislative intent to foster meaningful collective bargaining for employees of the Maine Maritime Academy. Therefore, in accordance with this policy, bargaining units shall be structured with one unit for each of the following occupational groups: A. Faculty; [PL 1979, c. 541, Pt. B, §31 (NEW).] B. Administrative staff; and [PL 1979, c. 541, Pt. B, §31 (NEW).] C. Classified employees. [PL 1979, c. 541, Pt. B, §31 (NEW).] [PL 1979, c. 541, Pt. B, §31 (NEW).]

3. Community colleges. It is the express legislative intent to foster meaningful collective bargaining for employees of the community colleges. Therefore, in accordance with this policy, the bargaining units shall be structured with one unit in each of the following occupational groups: A. Faculty and instructors; [PL 1985, c. 695, §16 (RPR).] B. Administrative staff; [PL 1985, c. 695, §16 (RPR).] C. Supervisory; [PL 1985, c. 695, §16 (NEW).] D. Support services; [PL 1985, c. 695, §16 (NEW).] E. Institutional services; and [PL 1985, c. 695, §16 (NEW).] F. Police. [PL 1985, c. 695, §16 (NEW).] [PL 1989, c. 443, §65 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

4. Assignment to bargaining units. In the event of a dispute over the assignment of jobs or positions to a unit, the executive director shall examine the community of interest, including work tasks among other factors, and make an assignment to the appropriate statutory bargaining unit set forth in subsection 1 , 2 or 3 . [PL 1979, c. 541, Pt. B, §31 (NEW).]

5. Additional bargaining units. Notwithstanding subsection 1 , 2 or 3 , the Legislature recognizes that additional or modified university system-wide units, academy units or community college units may be appropriate in the future. The employer or employee organizations may petition the executive director for the establishment of additional or modified university system-wide units, academy units or community college units. The executive director or a designee shall determine the appropriateness of those petitions, taking into consideration the community of interest and the declared legislative intent to avoid fragmentation whenever possible and to insure employees the fullest freedom in exercising the rights guaranteed by this chapter. The executive director or a designee conducting unit determination proceedings 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 issues represented to them. [PL 1989, c. 443, §66 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

6. Students. A. When collective bargaining is to take place between the university and the faculty or professional and administrative staff, the board of trustees shall appoint 3 currently enrolled students who are broadly representative of the various campuses to meet and confer with the university and who may meet and confer with the bargaining agent prior to collective bargaining. [PL 1979, c. 541, Pt. B, §31 (NEW).] B. During the course of collective bargaining, the student representatives designated under paragraph A shall be allowed to meet and confer with the university bargaining team at reasonable intervals during the course of negotiations, these meetings to occur at least upon receipt by the university of the initial bargaining proposal of the bargaining agent and before final agreement on a contract or any major provisions thereof. The students shall be bound by the same rules of negotiation, including, but not limited to, those regarding confidentiality, as the participants in the negotiations. [PL 1979, c. 541, Pt. B, §31 (NEW).] [PL 1979, c. 541, Pt. B, §31 (NEW).]

7. Unit clarification. Where there is a certified or currently recognized bargaining representative and where the circumstances surrounding the formation of an existing bargaining unit are alleged to have changed sufficiently to warrant modification in the composition of that bargaining unit, any public employer or any recognized or certified bargaining agent may file a petition for a unit clarification, provided that the parties are unable to agree on appropriate modifications and there is no question concerning representation. [PL 1979, c. 541, Pt. B, §31 (NEW).]
26 M.R.S. § 935 — ME Code / Title 26 / Chapter 9 / Section 935
26 §935. Application for board of inquiry; notice of hearing
Status: in_force

In cases of controversy, when conciliation, mediation or arbitration is refused by one of the parties or the board has determined that those processes have been or will be ineffective, either party may request the board to make inquiry. The application for inquiry may be signed by the employer or by a substantial number of the employees in the department, section or division of the business in which the controversy exists or by their agent or representative or by both parties and, if signed by an agent or representative claiming to represent the employees, the board shall satisfy itself that the agent or representative is duly authorized to do so. [RR 2023, c. 2, Pt. E, §42 (COR).]

Upon receipt of the application for inquiry, the chair, or in the chair's absence or disability the alternate chair, through the auspices of the Maine Labor Relations Board, shall give notice of the time and place of hearing and may, at the board's discretion, give public notice by publishing in at least one newspaper the time and place of the hearing. [RR 2023, c. 2, Pt. E, §43 (COR).]

The board shall, upon the request of the Governor or the mayor of a city or the select board of a town, investigate and report upon any labor controversy if, in its opinion, it threatens the public welfare. [PL 2021, c. 275, §11 (AMD).]

The board, after inquiry, may make and publish a report in the matter, including its findings of fact and recommendations for settling the controversy. [PL 1985, c. 294, §§2, 3 (NEW).]
26 M.R.S. § 1227 — ME Code / Title 26 / Chapter 13 / Section 1227
26 §1227. Liens
Status: in_force

1. Form and effect. Upon the failure of an employer to pay the amount assessed pursuant to section 1225 , the commissioner may file in the registry of deeds of any county a certificate under the commissioner's official seal, stating the name of the employer; the employer's address; the amount of the contributions and interest or penalties assessed and in default; and that the time in which an appeal is permitted pursuant to section 1226 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 taxes, and the priority of the lien is governed by the laws of this State. The liens are subordinate to any real estate mortgage previously recorded as required by law. A lien for contributions or interest is not valid against a person 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 commissioner. The commissioner shall discharge any such lien upon receiving, from any such 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 contributions and interest 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 2025, c. 390, Pt. A, §47 (AMD).]

2. Filing lien. Certificates of liens for contributions or interest, 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 commissioner for recording each certificate is the usual and customary fee, which need not be prepaid. This recording fee, along with all other filing fees pursuant to section 1225, subsection 7 , is the liability of the employer and must be assessed as part of the lien pursuant to subsection 1 . [PL 1993, c. 312, §4 (AMD).]

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 law applicable to sales of real or personal property on executions issued in personal actions, in connection with which sales the commissioner shall have the same rights, privileges, duties and responsibilities as one in whose favor an execution is issued. [PL 1983, c. 351, §33 (AMD).]
26 M.R.S. § 1418-B — ME Code / Title 26 / Chapter 19 / Section 1418-B
26 §1418-B. Jurisdiction of director defined
Status: in_force

"Jurisdiction of the director" means having direct administrative responsibility for all programs and personnel under this article. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 686 — ME Code / Title 26 / Chapter 7 / Section 686
26 §686. Review of written policies
Status: in_force

1. Review required. The Department of Labor shall review each written policy or change to an approved policy submitted to the department by an employer under section 683, subsection 2 . A. The department shall determine if the employer's written policy or change complies with this subchapter and shall immediately notify the employer who submitted the policy or change of that determination. If the department finds that the policy or change does not comply with this subchapter, the department shall also notify the employer of the specific areas in which the policy or change is defective. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. The department may request additional information from an employer when necessary to determine whether an employment position meets the requirements of section 684, subsection 3 . The department shall not approve any written policy that provides for random or arbitrary testing of any employment position that the employer has failed to demonstrate meets the requirements of section 684, subsection 3 . [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] C. The department shall allow for the use of any federally recognized substance use test. [PL 2017, c. 407, Pt. A, §110 (AMD).] [PL 2017, c. 407, Pt. A, §110 (AMD).]

2. Review procedure. The Department of Labor shall adopt rules under section 687 governing the procedure for reviews conducted under this section. A. The rules must provide for notice to be given to the employees of any employer who submits a written policy or amendment applicable to employees to the department for review under this section. The employees may submit written comments to the department challenging any portion of the employer's written policy, including the proposed designation of any position under section 684, subsection 3, paragraph B . [PL 1995, c. 324, §9 (AMD).] B. Nothing in this section requires a formal hearing to be held concerning the submission and review of an employer's written policy. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] C. Notwithstanding Title 5, section 8003 , the Maine Administrative Procedure Act, Title 5, chapter 375 , does not apply to reviews conducted under this section except that all determinations by the Department of Labor under this section may be appealed as provided in Title 5, chapter 375, subchapter VII . [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] D. The rules may establish model applicant policies and employee probable cause policies and provide for expedited approval and registration for employers adopting such model policies. The rules adopted under this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 49, §1 (NEW).] [PL 1997, c. 49, §1 (AMD).]
26 M.R.S. § 1304 — ME Code / Title 26 / Chapter 15 / Section 1304
26 §1304. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 463, §1 (RPR).]

1. Board. "Board" means the Minimum Wage Rate on Construction Projects Board as constituted in sections 1304 to 1313 . [PL 1967, c. 403 (RPR).]

1-A. Assisted project. "Assisted project" means a construction project for which requests for bids or proposals are initiated on or after January 1, 2023, including requests for bids or proposals that supplement a process started on or before that date: A. With a nameplate capacity of 2 megawatts or more that involves a renewable energy project or a project for the production of energy, including all phases of site preparation, construction, retrofitting and demolition work; and [PL 2021, c. 705, §2 (NEW).] B. For which the State or an agency of the State provides certifications that entitle the generator to renewable energy credits or provides other economic assistance, including, but not limited to, payments pursuant to power purchase agreements, rebates, grants, loans, commitments of funds or other assistance. [PL 2021, c. 705, §2 (NEW).] "Assisted project" does not include a project for which the Public Utilities Commission approved a term sheet or contract or otherwise provided project-specific authorization or approval pursuant to Title 35-A on or before June 29, 2021 or a project that is participating in net energy billing and that meets the requirements of Title 35-A, section 3209-A, subsection 7 or Title 35-A, section 3209-B. [PL 2021, c. 705, §2 (NEW).]

2. Construction. "Construction" means any construction, reconstruction, demolition, improvement, enlargement, painting, decorating or repair of any public works let to contract. The term "construction" shall not be construed to include engineering or architectural services, temporary or emergency repairs or any contract of less than $10,000. [PL 1967, c. 403 (RPR).]

3. Construction industry. "Construction industry" means that industry which is composed of employees and employers engaged in construction, demolition, repair or moving of buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures or works whether private or public on which construction work, as defined in subsection 2 , is performed. [PL 1967, c. 403 (RPR).]

3-A. Craft worker. "Craft worker" means a person who is engaged in a construction trade that is eligible for coverage under a wage determination under this chapter. [PL 2021, c. 465, §1 (NEW).]

4. Employee. "Employee" shall not include such persons as are employed or hired by the public authority on a regular or temporary basis or engaged in making temporary or emergency repairs. [PL 1967, c. 403 (RPR).]

5. Fair minimum wage and benefits. "Fair minimum wage and benefits" means the prevailing wage and benefits as determined by the Director of the Bureau of Labor Standards according to section 1306 . [PL 1997, c. 757, §2 (AMD).]

5-A. Interested party. "Interested party" means a bidder, contractor or subcontractor for a public works contract covered by this chapter. [PL 2011, c. 463, §2 (NEW).]

6. Locality. "Locality" means where the construction is to be performed and the adjacent areas from which labor would be recruited for work on the project, and, in appropriate circumstances, it may be deemed to include the entire State. [PL 1967, c. 403 (RPR).]

7. Public authority. "Public authority" means the Maine Turnpike Authority or any officer, board, commission or agency of the State that is authorized by law to enter into contracts for the construction of public works and is supported in whole or in part by public funds of the State. Sections 1304 to 1313 apply to expenditures made in whole or in part from public funds. [PL 1997, c. 743, §2 (AMD).]

8. Public works. "Public works" includes public schools and all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, demolition, waterworks, airports and all other structures upon which construction is funded in whole or in part by state funds and for which the contract amounts to $50,000 or more. [PL 2019, c. 473, §1 (AMD).]

9. Prevailing wage and benefits. "Prevailing wage and benefits" means the hourly wage and benefits paid to the median number of workers employed in a trade or occupation on the 2nd and 3rd week in September. [PL 1997, c. 757, §3 (AMD).]

9-A. Renewable energy project. "Renewable energy project" means a project to construct a source of electrical generation that relies on one or more of the following: A. Fuel cells; [PL 2021, c. 705, §3 (NEW).] B. Tidal power; [PL 2021, c. 705, §3 (NEW).] C. Solar arrays and installations; [PL 2021, c. 705, §3 (NEW).] D. Wind power installations; [PL 2021, c. 705, §3 (NEW).] E. Geothermal installations; [PL 2021, c. 705, §3 (NEW).] F. Hydroelectric generators; [PL 2021, c. 705, §3 (NEW).] G. Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or [PL 2021, c. 705, §3 (NEW).] H. Generators fueled by municipal solid waste in conjunction with recycling. [PL 2021, c. 705, §3 (NEW).] [PL 2021, c. 705, §3 (NEW).]

10. Trade. "Trade" means a construction work activity engaged in by a craft worker. [PL 2021, c. 465, §2 (NEW).]
26 M.R.S. § 850-N — ME Code / Title 26 / Chapter 7 / Section 850-N
26 §850-N. Data collection and technology
Status: in_force

The administrator shall use state data collection procedures and technology to the extent possible to integrate the program with existing state policies. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 931 — ME Code / Title 26 / Chapter 9 / Section 931
26 §931. Appointment and qualification; salaries and expenses; rules; reports
Status: in_force

The State Board of Arbitration and Conciliation, in this subchapter called "the board," consists of 3 members appointed by the Governor from time to time upon the expiration of the terms of the several members for terms of 3 years. One member must be an employer of labor or selected from an association representing employers of labor, and another must be an employee or selected from a bona fide trade or labor union. The 3rd member must represent the public interests of the State and serves as chair. Vacancies occurring during a term must be filled for the unexpired term. When meeting to deliberate or vote with respect to a matter before the board, members of the board are entitled to receive $150 a day per meeting for their services for the time actually employed in the discharge of their official duties. For all other purposes, members of the board are entitled to receive $300 a day for their services for the time actually employed in the discharge of their official duties. They are entitled to receive their traveling and all other necessary expenses. The costs for services rendered and expenses incurred by the State Board of Arbitration and Conciliation and any state allocation program charges must be shared equally by the parties to the proceedings and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred by the State Board of Arbitration and Conciliation is the responsibility of the Executive Director of the Maine Labor Relations Board. All costs must be paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing. A party who has not paid an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount collected pursuant to this section remains in the special fund administered by the Maine Labor Relations Board and that fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this section through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing party in the action. The executive director shall, annually, on or before July 1st, make a report of the activities of the State Board of Arbitration and Conciliation to the Governor. The board shall from time to time adopt rules of procedure as it determines necessary, including rules for the Logging Dispute Resolution Board pursuant to chapter 47 . Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 665, §3 (AMD).]

Six alternate members, having the same qualifications as members, and 2 being from each category, shall be appointed in the same manner and for the same terms as members and shall, when serving as members of the board, have the same responsibilities and duties and be entitled to the same privileges and emoluments as members. [PL 1985, c. 294, §§2, 3 (NEW).]

When, for any reason, a member of the board does not serve in any particular case, the alternate member having the same qualifications shall act as a member of the board in that case. [PL 1985, c. 294, §§2, 3 (NEW).]

The board's responsibility is to further harmonious labor-management relations in this State. It may serve as a board of inquiry or as a board of conciliation in the private sector, or as a board of arbitration in either the public or private sector, as long as the parties appearing before it so agree. A member of the board may not participate in any case in which the member has a personal interest. [RR 2023, c. 2, Pt. E, §39 (COR).]

Workers shall have full freedom of association, self organization and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection, free from interference, restraint or coercion by their employers or other persons. It shall be the duty of the board to endeavor to settle disputes, strikes and lockouts between employers and employees. [PL 1985, c. 294, §§2, 3 (NEW).]

An employer shall not retaliate against any employee who may have petitioned or sought the assistance of the board pursuant to this subchapter or for having provided information or testimony in this subchapter. [PL 1985, c. 294, §§2, 3 (NEW).]
26 M.R.S. § 1418-H — ME Code / Title 26 / Chapter 19 / Section 1418-H
26 §1418-H. Powers and duties of the division
Status: in_force

In carrying out this article the division shall: [PL 1995, c. 560, Pt. F, §13 (NEW).]

1. Rules. Prescribe rules governing: A. The maintenance of a roster of blind persons eligible to become managers and the issuance of licenses; [PL 1995, c. 560, Pt. F, §13 (NEW).] B. A fair hearing. In the case of a manager desiring to appeal a decision, the division shall appoint a hearing board consisting of 3 persons, one to be chosen by the manager, one to be chosen by the division and the 3rd person chosen by the other 2 persons. The decision of the board is final; [PL 1995, c. 560, Pt. F, §13 (NEW).] C. The right to, the title to and the interest in vending facility equipment and stock; and [PL 1995, c. 560, Pt. F, §13 (NEW).] D. The civil rights of managers; [PL 1995, c. 560, Pt. F, §13 (NEW).] [PL 1995, c. 560, Pt. F, §13 (NEW).]

2. Other. Prescribe rules necessary to carry out the purposes of this article; [PL 1995, c. 560, Pt. F, §13 (NEW).]

3. Surveys. Conduct surveys to find locations where vending facilities may be operated by blind persons and establish vending facilities as it determines appropriate; [PL 1995, c. 560, Pt. F, §13 (NEW).]

4. Management. Provide management and supervisory services determined necessary to ensure that each vending facility is operated in the most effective and productive manner possible; [PL 1995, c. 560, Pt. F, §13 (NEW).]

5. Plans. Provide plans and specifications for proposed vending facilities and equipment to the appropriate officer, board or authority for approval prior to installation; and [PL 1995, c. 560, Pt. F, §13 (NEW).]

6. Other action. Take any other action necessary or appropriate to carry out the purposes of this article. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 2104 — ME Code / Title 26 / Chapter 28 / Section 2104
26 §2104. Required provision and use of protective equipment
Status: in_force

1. Eye, face protection. Each fire department shall provide and each firefighter shall use eye or face protection, or both, when the firefighter is engaged in fire suppression and other operations involving hazards to the eyes and face at all times when the face is not protected by the full facepiece of self-contained breathing apparatus. [PL 2003, c. 570, §4 (AMD); PL 2003, c. 570, §7 (AFF).]

2. Hearing protection. [PL 2003, c. 570, §5 (RP); PL 2003, c. 570, §7 (AFF).]

3. Self-contained breathing apparatus. Each fire department shall provide and each firefighter shall use self-contained breathing apparatus when the firefighter enters structural fires or when proximity hazards require that protection. Each fire department shall establish a program of maintenance and repair to ensure that self-contained breathing apparatus retains its original effectiveness as recommended by the manufacturer. This subsection is effective beginning October 1, 1988. [PL 1987, c. 552, §4 (RPR).]

4. Personal alert safety system. Each fire department shall provide a personal alert safety system with every self-contained breathing apparatus. This subsection is effective beginning October 1, 1988. [PL 1987, c. 552, §5 (RPR).]
26 M.R.S. § 2006 — ME Code / Title 26 / Chapter 25 / Section 2006
26 §2006. Establishment of State Workforce Development Board
Status: in_force

1. Responsibilities. The State Workforce Development Board, referred to in this section as "the board," is established to ensure that the State's workforce development system helps Maine people and businesses compete successfully in the global economy. Specific responsibilities include but are not limited to: A. Performing all of the duties and responsibilities of the state board as defined in the Workforce Innovation and Opportunity Act; [PL 2017, c. 110, §14 (AMD).] B. Recommending to the Governor a state workforce development plan designed to maximize utilization and effectiveness of state workforce development services; [PL 2003, c. 114, §10 (AMD).] C. Monitoring agency and system-wide strategic goals based on the statewide workforce development policy and strategic plan and evaluating progress toward meeting those goals; [PL 1997, c. 410, §12 (NEW); PL 1997, c. 410, §13 (AFF).] D. Providing recommendations to the Governor and the Legislature that would improve system effectiveness and reduce system fragmentation; [PL 1997, c. 410, §12 (NEW); PL 1997, c. 410, §13 (AFF).] E. Creating greater coordination between economic development and human resource development and education programs; [PL 2003, c. 114, §10 (AMD).] F. Ensuring a balance between rural and urban workforce development; [PL 2003, c. 114, §10 (AMD).] G. Providing policy oversight and recommendations to ensure the effectiveness of vocational programs for people with disabilities in order to support efforts that reduce barriers to employment; [PL 2003, c. 114, §10 (NEW).] H. Providing policy oversight and recommendations to ensure that self-employment, microenterprise and small business are part of the overall workforce development strategy; [PL 2003, c. 114, §10 (NEW).] I. Providing policy recommendations to ensure the effectiveness of work-related programs and services for youth, including youth with disabilities; [PL 2017, c. 259, §1 (AMD).] J. Providing policy recommendations to ensure the effectiveness of work-related programs and services for "at-risk" youth; and [PL 2017, c. 259, §1 (AMD).] K. Supporting and tracking progress toward an attainment goal of increasing the percent of working-age adults holding a high-value certificate, college degree, vocational education or other industry-recognized credential to 60% by 2025 with a focus on meeting future workforce needs and reporting annually on progress to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs and the joint standing committee of the Legislature having jurisdiction over labor matters. [PL 2025, c. 154, §5 (AMD).] [PL 2025, c. 154, §5 (AMD).]

2. Membership. [PL 2019, c. 246, §3 (RP).]

2-A. Membership. The board consists of the Governor, or the Governor's designee, and the following members: A. Representatives from business and industry, representatives from organized labor and representatives of other interests as determined by the Governor; and [PL 2025, c. 154, §6 (AMD).] B. The following ex officio members: (1) County commissioners designated by local boards appointed by the Governor; (2) The Commissioner of Labor or the commissioner's designee; (3) The Commissioner of Education or the commissioner's designee; (4) The Commissioner of Economic and Community Development or the commissioner's designee; and (5) Other state, county or municipal officials as the Governor considers necessary appointed by the Governor. The appointments of these members are not subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters or confirmation by the Legislature. [PL 2019, c. 246, §4 (NEW); PL 2019, c. 246, §8 (AFF).] Appointments must be consistent with the representation requirements of the Workforce Innovation and Opportunity Act. The Governor shall ensure that the board has sufficient expertise to effectively carry out the duties and functions of the board. Members must represent diverse geographic areas of the State, including urban, rural and suburban areas. [PL 2025, c. 154, §6 (AMD).]

3. Terms of members. One third of the initial appointees shall serve for a one-year term, 1/3 of the initial appointees shall serve for a 2-year term and 1/3 shall serve for a 3-year term. All subsequent appointees shall serve 3-year terms. An appointee continues to serve until that appointee has been reappointed or a successor has been appointed. [PL 2019, c. 246, §5 (AMD).]

4. Chair and vice-chair. The Governor shall appoint a chair from the members of the board who represent business and industry and a vice-chair from the membership of the board to serve for a one-year term. The appointment of the chair is subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and confirmation by the Legislature. The Governor may reappoint members to serve as chair or vice-chair. The Governor may appoint an interim chair for a one-time term of no more than 6 months. The appointment of an interim chair is not subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters or confirmation by the Legislature. [PL 2025, c. 154, §7 (AMD).]

5. Functions and duties of the council. [PL 2003, c. 114, §11 (RP).]

5-A. Apprenticeship. [PL 2011, c. 491, §9 (RP); PL 2011, c. 627, §3 (RP).]

5-B. Commission on Disability and Employment. In addition to its other duties, the board, through its Commission on Disability and Employment, a committee created pursuant to subsection 7 and referred to in this subsection as "the standing committee," shall perform the duties of the former Governor's Committee on Employment of People with Disabilities. A. The standing committee shall: (1) Advise, consult and assist the executive and legislative branches of State Government on activities of State Government that affect the employment of individuals with disabilities. The standing committee is solely advisory in nature. The standing committee may advise regarding state and federal plans and proposed budgetary, legislative or policy actions affecting individuals with disabilities; (2) Serve as an advocate on behalf of citizens with disabilities promoting and assisting activities designed to further equal opportunity for individuals with disabilities; (3) Conduct educational programs considered necessary to promote public understanding of the employment-related needs and abilities of citizens of this State with disabilities; (4) Provide information, training and technical assistance to promote greater employer acceptance of workers with disabilities; (5) Advise and assist employers and other organizations interested in developing employment opportunities for individuals with disabilities; and (6) Work with state and local government officials, organizations representing individuals with disabilities and the business community to inform the public of the benefits of making facilities and services accessible to and usable by individuals with disabilities. [PL 2023, c. 13, §2 (AMD).] B. The standing committee shall administer in accordance with current fiscal and accounting regulations of the State, and in accordance with the philosophy, objectives and authority of this subsection, any funds appropriated for expenditure by the standing committee or any grants or gifts that may become available and are accepted and received by the standing committee. [PL 2011, c. 627, §3 (AMD).] C. The standing committee shall submit an annual report directly to the Governor and the Legislature not later than January 1st of each year concerning its work, recommendations and interest of the previous fiscal year and future plans. The standing committee shall make any interim reports it considers advisable. [PL 2017, c. 110, §17 (AMD).] D. The standing committee shall keep minutes of all meetings, including a list of people in attendance. [PL 2011, c. 627, §3 (AMD).] E. The standing committee may employ, subject to the Civil Service Law, the staff necessary to carry out its objectives. The standing committee may employ consultants and contract for projects it determines necessary. To the extent feasible and reasonable, the standing committee must be given the staff, facilities, equipment, supplies, information and other assistance required to carry out its activities. [PL 2011, c. 627, §3 (AMD).] F. The standing committee may make necessary rules, consistent with this subsection, for promoting its purposes. [PL 2011, c. 627, §3 (AMD).] G. [PL 2013, c. 467, §6 (RP).] [PL 2023, c. 13, §2 (AMD).]

5-C. Occupational information. [PL 2011, c. 627, §3 (RP).]

5-D. Workforce development. In addition to its other duties, the board shall perform the functions of the state board as specified in Section 101(d) in the Workforce Innovation and Opportunity Act. A. [PL 2017, c. 110, §18 (RP).] B. The board has the necessary authority to carry out the purposes of this section. [PL 2011, c. 627, §3 (AMD).] C. The commissioner may appoint employees necessary to carry out the board's functions under this subsection. [PL 2017, c. 110, §18 (AMD).] D. The commissioner may adopt routine technical rules, in accordance with Title 5, chapter 375, subchapter 2‑A necessary to carry out the board's functions under this subsection. [PL 2017, c. 110, §18 (AMD).] [PL 2017, c. 110, §18 (AMD).]

6. Powers. The board has the necessary authority to carry out the purposes of this section. [PL 2011, c. 627, §3 (AMD).]

7. Committees. The board may establish committees as necessary to meet the strategic vision of the board and to address specific problems and issues that arise. A committee established pursuant to this subsection shall make recommendations to the full board. A. [PL 2023, c. 13, §3 (RP).] B. [PL 2023, c. 13, §3 (RP).] C. [PL 2013, c. 467, §7 (RP).] D. A committee established pursuant to this subsection may receive and accept, from any source, allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this section, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from a private source, federal agency or governmental subdivision of the State or its agencies. [PL 2023, c. 13, §3 (AMD).] [PL 2023, c. 13, §3 (AMD).]

8. Meetings. The board shall meet at such times and such places as it considers necessary. The meetings must be publicly announced and open to the general public. A majority of members of the board constitutes a quorum for the transaction of business. [PL 2011, c. 627, §3 (AMD).]

9. Administration. The Department of Education and the Department of Labor shall jointly administer the board. The Department of Labor is the fiscal agent for the board. Pursuant to the Commissioner of Labor's authority under section 1401‑B and to the Commissioner of Education's authority under Title 20‑A, section 253, subsection 2 , the Commissioner of Labor and the Commissioner of Education may designate employees they consider necessary to carry out the State's responsibility under this section. The Commissioner of Education and the Commissioner of Labor are authorized to adopt joint rules as may be necessary to carry out the State's responsibility under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The board shall establish bylaws for its governance. These bylaws are subject to the Governor's approval. [PL 2011, c. 627, §3 (AMD).]

10. Compensation. Members of the board receive no compensation for their services. Reimbursement of necessary expenditures incurred in the performance of their duties on the board, which are allowed by state law, are administered by the Department of Labor from federal or state appropriations. [PL 2011, c. 627, §3 (AMD).]
26 M.R.S. § 2022 — ME Code / Title 26 / Chapter 25 / Section 2022
26 §2022. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 807, §2 (NEW).]

1. Department. "Department" means the Department of Labor. [PL 1991, c. 807, §2 (NEW).]

2. Nontraditional occupation. "Nontraditional occupation" means: A. For a female participant, an occupation in which 25% or less of the people in that occupation are females according to the United States Department of Labor; and [PL 1991, c. 807, §2 (NEW).] B. For a male participant, an occupation in which 25% or less of the people in that occupation are males according to the United States Department of Labor. [PL 1991, c. 807, §2 (NEW).] [PL 1991, c. 807, §2 (NEW).]
26 M.R.S. § 834-A — ME Code / Title 26 / Chapter 7 / Section 834-A
26 §834-A. Arbitration before the Maine Human Rights Commission
Status: in_force

An employee who alleges a violation of that employee's rights under section 833 , and who has complied with the requirements of section 833, subsection 2 , may bring a complaint before the Maine Human Rights Commission for action under Title 5, section 4612 . [PL 1987, c. 782, §6 (NEW).]
26 M.R.S. § 1413-E — ME Code / Title 26 / Chapter 19 / Section 1413-E
26 §1413-E. Director of the Division for the Deaf, Hard of Hearing and Late Deafened
Status: in_force

1. Director. The Director of the Division for the Deaf, Hard of Hearing and Late Deafened is responsible for administering the Division for the Deaf, Hard of Hearing and Late Deafened and its programs and policies, including generating and seeking out financial aid, grants and money and overseeing vocational rehabilitation counselors who provide counseling to deaf, hard-of-hearing and late-deafened persons and who are within the division of vocational rehabilitation within the Bureau of Rehabilitation Services. [PL 2011, c. 474, §2 (AMD).]

2. Director of the Division for the Deaf, Hard of Hearing and Late Deafened; staff; qualifications. The Director of the Division for the Deaf, Hard of Hearing and Late Deafened and the staff must be knowledgeable of the needs of deaf, hard-of-hearing and late-deafened persons and possess the ability to communicate on a meaningful basis with those persons. [PL 2011, c. 474, §2 (AMD).]
26 M.R.S. § 1038 — ME Code / Title 26 / Chapter 12 / Section 1038
26 §1038. Obligations during interim between contracts
Status: in_force

During the interim after the expiration of a collective bargaining agreement and before the effective date of any subsequent collective bargaining agreement, regular employees covered by the expired collective bargaining agreement remain eligible for and must receive step increases in accordance with the terms and conditions set forth in the expired collective bargaining agreement. [PL 2021, c. 282, §2 (NEW).]
26 M.R.S. § 1046 — ME Code / Title 26 / Chapter 13 / Section 1046
26 §1046. Nonliability
Status: in_force

Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the Unemployment Compensation Fund, and neither the State, the bureau nor the commission shall be liable for any amount in excess of such sums. [PL 1979, c. 651, §§ 7, 47 (AMD).]
26 M.R.S. § 671 — ME Code / Title 26 / Chapter 7 / Section 671
26 §671. Penalties
Status: in_force

Any employer who violates this subchapter shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $200.

Any employer, who discharges or in any other manner discriminates against any employee because such employee makes a complaint to the director or to the county attorney concerning a violation of this subchapter, shall be punished by a fine of not less than $50 nor more than $200. [PL 1971, c. 620, §13 (AMD).]

In the event of the violation of any of the provisions of this subchapter, the Attorney General may institute injunction proceedings in the Superior Court to enjoin further violation thereof. [PL 1965, c. 410, §9 (AMD).]
26 M.R.S. § 640 — ME Code / Title 26 / Chapter 7 / Section 640
26 §640. Public employee voluntary payroll deductions for certain insurance
Status: in_force

Upon a public employee's written request, a public employer may deduct voluntary payroll deductions designated in writing by the employee to the employer for disability insurance and life insurance offered in conjunction with the employee's membership in an employee organization recognized by the employer or designated by a collective bargaining agreement. The employee may rescind the authorization for the deductions by giving the employer 30 days' written notice. [PL 2021, c. 102, §1 (NEW).]
26 M.R.S. § 1026 — ME Code / Title 26 / Chapter 12 / Section 1026
26 §1026. Obligation to bargain
Status: in_force

1. Negotiations. It is the obligation of the university, academy, community college or state schools for practical nursing and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purpose of this chapter, their mutual obligation: A. To meet at reasonable times; [PL 1989, c. 878, Pt. A, §71 (RPR).] B. To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes if the parties have not otherwise agreed in a prior written contract; [PL 1993, c. 84, §1 (AMD).] C. To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration, except that by such obligation neither party is compelled to agree to a proposal or required to make a concession; [PL 1993, c. 84, §1 (AMD).] D. To execute in writing any agreements arrived at, the term of any such agreement to be subject to negotiation, but not to exceed 3 years; and [PL 1989, c. 878, Pt. A, §71 (RPR).] E. To participate in good faith in the mediation, fact finding and arbitration procedures required by this section. [PL 1989, c. 878, Pt. A, §71 (RPR).] [PL 1993, c. 84, §1 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

1-A. Additional bargaining; community college employees. Cost items in any collective bargaining agreement of community college employees must be submitted for inclusion in the Governor's next operating budget within 10 days after the date on which the agreement is ratified by the parties. If the Legislature rejects any of the cost items submitted to it, all cost items submitted must be returned to the parties for further bargaining. "Cost items" includes salaries, pensions and insurance. Cost items related to a collective bargaining agreement reached under this chapter and submitted to the Legislature for its approval under this subsection may not be submitted in the same legislation that contains cost items for employees exempted from the definition of "community college employee" under section 1022, subsection 11 . [PL 2001, c. 559, §JJ1 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF); PL 2003, c. 76, §2 (AMD); PL 2003, c. 76, §4 (AFF).]

2. Mediation. A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between the employer and employees or their representatives through mediation. [PL 1975, c. 603, §1 (NEW).] B. Mediation procedures, as provided by section 965, subsection 2 , shall be followed whenever either party to a controversy requests such services prior to arbitration, or at any time on motion of the Maine Labor Relations Board or its executive director. [PL 1975, c. 671, §12 (AMD).] C. The employer, union or employees involved in collective bargaining shall notify the Executive Director of the Maine Labor Relations Board, in writing, at least 30 days prior to the expiration of a contract, or 30 days prior to entering into negotiations for a first contract between the employer and the employees, or whenever a dispute arises between the parties threatening interruption of work, or under both conditions. [PL 1975, c. 671, §12 (AMD).] D. Nothing in this section shall be construed as preventing the parties, as an alternative to mediation under section 965 , from jointly agreeing to elect mediation from either the Federal Mediation and Conciliation Service or the American Arbitration Association, in accordance with the procedures, rules and regulations of those organizations. [PL 1975, c. 603, §1 (NEW).] E. Any information disclosed by either party to a dispute to a mediator or to a mediation panel or any of its members in the performance of this subsection shall be privileged. [PL 1975, c. 603, §1 (NEW).] [PL 1975, c. 671, §12 (AMD).]

3. Fact-finding. A. If the parties, either with or without the services of a mediator, are unable to effect a settlement of their controversy, they may jointly agree either to call upon the Maine Labor Relations Board to arrange for fact-finding services and recommendations to be provided by the Maine Board of Arbitration and Conciliation, or to pursue some other mutually acceptable fact-finding procedure, including use of the Federal Mediation and Conciliation Service or the American Arbitration Association according to their respective procedures, rules and regulations. [PL 1975, c. 671, §13 (AMD).] B. If the parties do not jointly agree to call upon the Maine Labor Relations Board or to pursue some other procedure, either party to the controversy may request the executive director to assign a fact-finding panel. If so requested, the executive director shall appoint a fact-finding panel, ordinarily of 3 members, in accordance with rules and procedures prescribed by the board for making such appointments. [PL 1975, c. 671, §13 (AMD).] C. The fact-finding proceedings shall be as provided by section 965, subsection 3 . [PL 1975, c. 603, §1 (NEW).] [PL 1975, c. 671, §13 (AMD).]

4. Arbitration. A. At any time after participating in the procedures set forth in subsections 2 and 3 , either party, or the parties jointly, may petition the board to initiate arbitration procedures. On receipt of the petition, the executive director shall within a reasonable time determine if an impasse has been reached; the determination must be made administratively, with or without hearing, and is not subject to appeal. If the executive director so determines, the executive director shall issue an order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties, within 10 days after the issuance of the order, have not selected an arbitrator or a Board of Arbitration, the executive director shall then order each party to select one arbitrator and the 2 arbitrators so selected shall select a 3rd neutral arbitrator. If the 2 arbitrators cannot in 5 days select a 3rd neutral arbitrator, the executive director shall submit identical lists to the parties of 5 or more qualified arbitrators of recognized experience and competence. Each party has 7 days from the submission of the list to delete any names objected to, number the remaining names indicating the order of preference and return the list to the executive director. In the event a party does not return the list within the time specified, all parties named therein are deemed acceptable. From the arbitrators who have been approved by both parties and pursuant to the order of mutual preference, the executive director shall appoint a neutral arbitrator. If the parties fail to agree upon any arbitrators named, or if for any other reason the appointment cannot be made from the initial list, the executive director shall then submit a 2nd list of 5 or more additional qualified arbitrators of recognized experience and competence from which they shall strike names with the determination as to which party shall strike first being determined by a random technique administered through the Executive Director of the Maine Labor Relations Board. Thereafter, the parties shall alternately strike names from the list of names submitted, provided that, when the list is reduced to 4 names, the 2nd from the last party to strike shall be entitled to strike 2 names simultaneously, after which the last party to strike shall so strike one name from the then 2 remaining names, such that the then remaining name shall identify the person who must then be appointed by the executive director as the neutral arbitrator. Nothing in this subsection may be construed as preventing the parties, as an alternative to procedures in the preceding paragraph, from jointly agreeing to elect arbitration from either the Federal Mediation and Conciliation Service or the American Arbitration Association, under the procedures, rules and regulations of that association, provided that these procedures, rules and regulations are not inconsistent with paragraphs B and C . [RR 2009, c. 2, §76 (COR).] B. If the controversy is not resolved by the parties themselves, the arbitrators shall proceed as follows: With respect to a controversy over salaries, pensions and insurance, the arbitrators shall recommend terms of settlement and may make findings of fact; those recommendations and findings are advisory only and must be made, if reasonably possible, within 60 days after the selection of the neutral arbitrator. The arbitrators may in their discretion make those recommendations and findings public, and either party may make those recommendations and findings public if agreement is not reached with respect to those findings and recommendations within 10 days after their receipt from the arbitrators. The arbitrators shall make determinations with respect to a controversy over subjects other than salaries, pensions and insurance if reasonably possible within 60 days after the selection of the neutral arbitrator. Those determinations may be made public by the arbitrators or either party and, if made by a majority of the arbitrators, those determinations are binding on both parties and the parties shall enter an agreement or take whatever other action that may be appropriate to carry out and effectuate those binding determinations, and those determinations are subject to review by the Superior Court in the manner specified by section 1033. The results of all arbitration proceedings, recommendations and awards conducted under this section must be filed with the Maine Labor Relations Board at the offices of its executive director simultaneously with the submission of the recommendations and award to the parties. In the event the parties settle their dispute during the arbitration proceeding, the arbitrator or the chair of the arbitration panel shall submit a report of the arbitrator's or the chair's activities to the Executive Director of the Maine Labor Relations Board not more than 5 days after the arbitration proceeding has terminated. [RR 2023, c. 2, Pt. E, §68 (COR).] C. In reaching a decision under this section, the arbitrators shall consider the following factors: (1) The interests and welfare of the students and the public and the financial ability of the university, academy or community colleges to finance the cost items proposed by each party to the impasse; (2) Comparison of the wages, hours and working conditions of the employees involved in the arbitration proceeding with the wages, hours and working conditions of other employees performing similar services in public and private employment competing in the same labor market; (3) The overall compensation presently received by the employees, including direct salary and wage compensation, vacation, holidays, life and health insurance, retirement and all other benefits received; (4) Such other factors not confined to the factors set out in subparagraphs (1) to (3), which are normally and traditionally taken into consideration in the resolution of disputes involving similar subjects of collective bargaining in public higher education; (5) The need of the university, academy or community colleges for qualified employees; (6) Conditions of employment in similar occupations outside the university, academy or community colleges; (7) The need to maintain appropriate relationships between different occupations in the university, academy or community colleges; and (8) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities. [PL 1989, c. 443, §70 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] [RR 2023, c. 2, Pt. E, §68 (COR).]

5. Costs. The following costs must be shared equally by the parties to the proceedings: the costs of the fact-finding board, including, if any, per diem expenses and actual and necessary travel and subsistence expenses; the costs of the neutral arbitrator or arbitrators, including, if any, per diem expenses and actual and necessary travel and subsistence expenses; the costs of the Federal Mediation and Conciliation Service or the American Arbitration Association; and the costs of hiring the premises where any fact-finding or arbitration proceedings are conducted. All other costs must be assumed by the party incurring them. The services of the Panel of Mediators and the State Board of Arbitration and Conciliation and any state allocation program charges must be shared equally by the parties to the proceedings and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred by members of the Panel of Mediators and the State Board of Arbitration and Conciliation is the responsibility of the executive director. All costs must be paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing or the mediator is assigned. A party who has not paid an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount collected pursuant to this provision remains in the special fund administered by the Maine Labor Relations Board and that fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this provision through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing party in the action. [PL 1991, c. 798, §7 (AMD).]
26 M.R.S. § 1412-I — ME Code / Title 26 / Chapter 19 / Section 1412-I
26 §1412-I. Strategic planning report
Status: in_force

1. Annual report. In addition to its existing duties, the Statewide Independent Living Council, established pursuant to 29 United States Code, Sections 796 to 796f (1999) and administered by the Bureau of Rehabilitation Services, shall, beginning January 15, 2017, provide an annual report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over labor and economic development matters on the State's strategic planning efforts related to the ability of persons with disabilities to live independently, including but not limited to: A. Efforts to increase opportunities for persons with disabilities to live independently within the community; [PL 2015, c. 452, §2 (NEW).] B. The effectiveness and coordination of programs and services designed to support independent living efforts; [PL 2015, c. 452, §2 (NEW).] C. Efforts to improve vocational rehabilitation outcomes and efficiency in the development of individualized plans of employment with individuals eligible to receive rehabilitation services; [PL 2015, c. 452, §2 (NEW).] D. Efforts to improve transition planning for students with disabilities by adding independent living assessments and strategies to prepare for postsecondary education; [PL 2015, c. 452, §2 (NEW).] E. Efforts to ensure that new public buildings and public accommodations are accessible by persons with disabilities and to encourage the adoption of building codes that meet the most recent federal Americans with Disabilities Act of 1990 accessibility guidelines; [PL 2015, c. 452, §2 (NEW).] F. Efforts to increase awareness of all available housing that is accessible and usable by persons with disabilities; and [PL 2015, c. 452, §2 (NEW).] G. Any recommendations for improvement in the delivery of services to persons with disabilities. [PL 2015, c. 452, §2 (NEW).] [PL 2015, c. 452, §2 (NEW).]
26 M.R.S. § 42-C — ME Code / Title 26 / Chapter 3 / Section 42-C
26 §42-C. Notification regarding earned income tax credit eligibility
Status: in_force

1. Bureau to provide poster or notice. The bureau shall produce and furnish to employers posters or notices in printed form that state that an employee may be eligible for federal and state earned income tax credits and that the employee may apply for the tax credits on the employee's income tax returns. [PL 2019, c. 527, Pt. B, §1 (NEW); PL 2019, c. 527, Pt. B, §3 (AFF).]

2. Employer to post notice. An employer shall post and keep posted in a place accessible to the employer's employees a copy of the printed poster or notice furnished by the bureau pursuant to subsection 1 . An employer who violates this subsection is subject to the same penalties as set forth in section 42‑B, subsection 3 . [PL 2019, c. 527, Pt. B, §1 (NEW); PL 2019, c. 527, Pt. B, §3 (AFF).]
26 M.R.S. § 42 — ME Code / Title 26 / Chapter 3 / Section 42
26 §42. Powers and duties
Status: in_force

The bureau shall collect, assort and arrange statistical details relating to all departments of labor and industrial pursuits in the State; to trade unions and other labor organizations and their effect upon labor and capital; to the number and character of industrial accidents and their effect upon the injured, their dependent relatives and upon the general public; to other matters relating to the commercial, industrial, social, educational, moral and sanitary conditions prevailing within the State, including the names of firms, companies or corporations, where located, the kind of goods produced or manufactured, the time operated each year, the number of employees classified according to age and sex and the daily and average wages paid each employee; and the exploitation of such other subjects as will tend to promote the permanent prosperity of the industries of the State. The director is authorized and empowered, subject to the approval of the Governor, to accept from any other agency of government, individual, group or corporation such funds as may be available in carrying out this section, and meet such requirements with respect to the administration of such funds, not inconsistent with this section, as are required as conditions precedent to receiving such funds. An accounting of such funds and a report of the use to which they were put must be included in the biennial report to the Governor. Each agency of government shall cooperate fully with the bureau's efforts to compile labor and industrial statistics. The director shall cause to be enforced all laws regulating the employment of minors; all laws established for the protection of health, lives and limbs of operators in workshops and factories, on railroads and in other places; all laws regulating the payment of wages; and all laws enacted for the protection of the working classes. During an investigation to enforce those laws, the director may request records and other information relating to an employer's compliance with unemployment compensation and workers' compensation laws, including information needed to determine whether the employer has properly classified a worker as an independent contractor, and shall report suspected violations of those laws to the state or federal agency responsible for enforcing them. The director may adopt, in accordance with the Maine Administrative Procedure Act, rules regarding all such laws, except where this authority is granted to a board or commission. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The director shall, on or before the first day of July, biennially, report to the Governor, and may make such suggestions and recommendations as the director may deem necessary for the information of the Legislature. The director may from time to time cause to be printed and distributed bulletins upon any subject that is of public interest and benefit to the State, including, but not limited to, the paid family and medical leave benefits program established in chapter 7, subchapter 6‑C , and may conduct a program of research, education and promotion to reduce industrial accidents. The director may review various data, such as workers' compensation records, as well as other information relating to any public or private employer's safety experience. When any individual public or private employer's safety experience causes the director to question seriously the safe working environment of that employer, the director may offer any safety education and consultation programs to that employer that may be beneficial in providing a safer work environment. If the employer refuses this assistance or is in serious noncompliance which may lead to injuries, or if serious threats to worker safety continue, then the director shall communicate concerns to appropriate agencies, such as the United States Occupational Safety and Health Administration. As used in this section, the term "noncompliance" means a lack of compliance with any applicable health and safety regulations of the United States Occupational Safety and Health Administration or other federal agencies. The bureau is responsible for the enforcement of indoor air quality and ventilation standards with respect to state-owned buildings and buildings leased by the State. The bureau shall enforce air quality standards in a manner to ensure that corrections to problems found in buildings be made over a reasonable period of time, using consent agreements and other approaches as necessary and reasonable. [PL 2023, c. 412, Pt. AAA, §3 (AMD).]

The director may enter into reciprocal agreements with other states that maximize compliance with employment standards enforced by the director. [PL 1993, c. 51, §1 (NEW).]
26 M.R.S. § 979-H — ME Code / Title 26 / Chapter 9-B / Section 979-H
26 §979-H. Prevention of prohibited acts
Status: in_force

1. The board is empowered, as provided, to prevent any person, the public employer, any state employee, any legislative employee, any employee organization or any bargaining agent from engaging in any of the prohibited acts enumerated in section 979‑C . This power may not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law or otherwise. [PL 1997, c. 741, §8 (AMD); PL 1997, c. 741, §12 (AFF).]

2. The public employer, any state employee, any legislative employee, any employee organization or any bargaining agent that believes that any person, the public employer, any state employee, any legislative employee, any employee organization or any bargaining agent has engaged in or is engaging in any such prohibited practice may file a complaint with the executive director of the board stating the charges in that regard. A complaint may not be filed with the executive director until the complaining party has served a copy thereof upon the party complained of. Upon receipt of such complaint, the executive director or the executive director's designee shall review the charge to determine whether the facts as alleged may constitute a prohibited act. If it is determined that the facts do not, as a matter of law, constitute a violation, the charge must be dismissed by the executive director, subject to review by the board. If a formal hearing is considered necessary by the executive director or by the board, the executive director shall serve upon the parties to the complaint a notice of the prehearing conference and of the hearing before the board. The notice must designate the time and place of hearing for the prehearing conference or the hearing, as appropriate, provided that no hearing may be held based upon any alleged prohibited practice occurring more than 6 months prior to the filing of the complaint with the executive director. The party complained of may file a written answer to the complaint and may appear in person or otherwise and give testimony at the place and time fixed for the hearing. In the discretion of the board, any other person or organization may be allowed to intervene in that proceeding and to present testimony. This subsection does not restrict the right of the board to require the executive director or the executive director's designee to hold a prehearing conference on any prohibited practice complaint prior to the hearing before the board and taking whatever action, including dismissal, attempting to resolve disagreements between the parties or recommending an order to the board, as the executive director or the executive director's designee considers appropriate, subject to review by the board. [PL 1997, c. 741, §9 (AMD); PL 1997, c. 741, §12 (AFF).]

3. Prohibited practice; board order. After hearing and argument, if, upon a preponderance of the evidence received, the board is of the opinion that any party named in the complaint has engaged in or is engaging in such a prohibited practice, the board shall in writing state its findings of fact and the reasons for its conclusions and shall issue and cause to be served upon the party an order requiring the party to cease and desist from the prohibited practice and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this chapter. An order of the board may not require the reinstatement of an individual as an employee who has been suspended or discharged, or the payment to the individual of any back pay, if the individual was suspended or discharged for cause. [RR 2023, c. 2, Pt. E, §65 (COR).]

4. After hearing and argument, if, upon a preponderance of the evidence received, the board shall not be of the opinion that the party named in the complaint has engaged in or is engaging in any such prohibited practice, then the board shall in writing state its findings of fact and the reasons for its conclusions and shall issue an order dismissing said complaint. [PL 1973, c. 774 (NEW).]

5. If after the issuance of an order by the board requiring any party to cease and desist or to take any other affirmative action, said party fails to comply with the order of the board, then the party in whose favor the order operates or the board may file a civil action in the Superior Court in Kennebec County, to compel compliance with the order of the board. In such action to compel compliance, the Superior Court shall not review the action of the board other than to determine questions of law. If an action to review the decision of the board is pending at the time of the commencement of an action for enforcement pursuant to this subsection or is thereafter filed, the 2 actions shall be consolidated. [PL 1975, c. 612, §4 (AMD).]

6. Whenever a complaint is filed with the executive director of the board, alleging that the public employer has violated section 979‑C, subsection 1, paragraph F or alleging that a state employee, a legislative employee or employee organization or bargaining agent has violated section 979‑C, subsection 2, paragraph C , the party making the complaint may simultaneously seek injunctive relief from the Superior Court in the county in which the prohibited practice is alleged to have occurred pending the final adjudication of the board with respect to such matter. [PL 1997, c. 741, §10 (AMD); PL 1997, c. 741, §12 (AFF).]

7. Court review. Either party may seek a review by the Superior Court in Kennebec County of a decision or order of the Maine Labor Relations Board by filing a complaint in accordance with the Maine Rules of Civil Procedure, Rule 80C, 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. Upon the filing of the complaint, the court shall set the complaint down for hearing and shall cause all interested parties and the board to be notified. The hearing may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. Pending review and upon application of any party in interest, the court may grant such temporary relief or restraining order and may impose such terms and conditions as it determines just and proper; except that the board's decision or order is not stayed except when it is clearly shown to the satisfaction of the court that substantial and irreparable injury will be sustained or that there is a substantial risk of danger to the public health or safety. The executive director shall forthwith file in the court the record in the proceeding certified by the executive director or a member of the board. The record must include all documents filed in the proceeding and the transcript, if any. After hearing, the court may enforce, modify, enforce as so modified or set aside in whole or in part the decision of the board, except that the finding of the board on questions of fact is final unless shown to be clearly erroneous. Any appeal to the Law Court must be the same as an appeal from an interlocutory order under section 6 . [PL 2011, c. 559, Pt. A, §27 (AMD).]

8. In any judicial proceeding authorized by this subsection in which injunctive relief is sought, sections 5 and 6 shall apply, except that neither an allegation nor proof of unavoidable substantial and irreparable injury to the complainant's property shall be required to obtain a temporary restraining order or injunction. [PL 1973, c. 774 (NEW).]
26 M.R.S. § 1041 — ME Code / Title 26 / Chapter 13 / Section 1041
26 §1041. Short title
Status: in_force

This chapter shall be known and may be cited as the "Employment Security Law".
26 M.R.S. § 1283 — ME Code / Title 26 / Chapter 14 / Section 1283
26 §1283. Right of judicial employees to join or refrain from joining labor organizations; prohibition
Status: in_force

A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a judicial employee or a group of judicial employees in the free exercise of their rights, given by this section, to voluntarily: [PL 2007, c. 415, §15 (RPR).]

1. Join a union. Join, form and participate in the activities of organizations of their own choosing for the purposes of representation and collective bargaining or in the free exercise of any other right under this chapter; or [PL 2007, c. 415, §15 (NEW).]

2. Not join a union. Refrain from joining or participating in the activities of organizations for the purposes of representation and collective bargaining, except that an employee may be required to pay to the organization that is the bargaining agent for the employee a service fee that represents the employee's pro rata share of those expenditures that are germane to the organization's representational activities. [PL 2007, c. 415, §15 (NEW).]
26 M.R.S. § 251 — ME Code / Title 26 / Chapter 5 / Section 251
26 §251. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 512 (NEW).]

1. Bureau. "Bureau" means the Department of Labor, Bureau of Labor Standards. [PL 1989, c. 512 (NEW).]

2. Employ. "Employ" means to employ or permit to work. [PL 1989, c. 512 (NEW).]

3. Employee. "Employee" means any person engaged to work on a steady or regular basis as an operator by an employer located or doing business in the State. [PL 1989, c. 512 (NEW).]

4. Employer. "Employer" means any person, partnership, firm, association or corporation, public or private, that uses 2 or more terminals at one location within the State. The term "employer" includes, but is not limited to: A. Any person, partnership, firm, association or corporation acting in the interest of any employer, directly or indirectly; and [PL 1989, c. 512 (NEW).] B. The State, in its capacity as an employer. [PL 1989, c. 512 (NEW).] [PL 1991, c. 305, §1 (AMD); PL 1991, c. 305, §3 (AFF).]

5. Operator. "Operator" means any employee whose primary task is to operate a terminal for more than 4 consecutive hours, exclusive of breaks, on a daily basis. [PL 1989, c. 512 (NEW).]

6. Terminal. "Terminal" means any electronic video screen data presentation machine, commonly called video display terminals, VDTs or cathode-ray tubes, CRTs. The term does not apply to television or oscilloscope screens, cash registers or memory typewriters. [PL 1989, c. 512 (NEW).]
26 M.R.S. § 979-A — ME Code / Title 26 / Chapter 9-B / Section 979-A
26 §979-A. Definitions
Status: in_force

As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings. [PL 1973, c. 774 (NEW).]

1. Bargaining agent. "Bargaining agent" means any lawful organization, association or individual representative of such 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 5 or by the executive director of the board to be the choice of the majority of the unit as their representative. [PL 1973, c. 774 (NEW).]

2. Board. "Board" means the Maine Labor Relations Board as defined in section 968, subsection 1 . [PL 1975, c. 564, §30 (AMD).]

3. Cost items. "Cost items" means the provisions of a collective bargaining agreement which requires an appropriation by the Legislature. [PL 1973, c. 774 (NEW).]

4. Executive director. "Executive director" means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2 . [PL 1975, c. 564, §31 (AMD).]

4-A. Legislative employee. "Legislative employee" means any employee of the Legislature performing services within the legislative branch, except any person: A. Who is elected by popular vote; [PL 1997, c. 741, §2 (NEW); PL 1997, c. 741, §12 (AFF).] B. Who is appointed to office pursuant to law by the Governor or the Legislature for a specific term; [PL 1997, c. 741, §2 (NEW); PL 1997, c. 741, §12 (AFF).] C. Who is employed in the office of the President of the Senate, the office of the Speaker of the House, the office of the Secretary of the Senate, the office of the Clerk of the House of Representatives or the majority or minority offices of the Senate or the House of Representatives; [PL 1997, c. 741, §2 (NEW); PL 1997, c. 741, §12 (AFF).] D. Whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship with respect to matters subject to collective bargaining, as between that person and the Legislative Council; [PL 1997, c. 741, §2 (NEW); PL 1997, c. 741, §12 (AFF).] E. Who is a temporary, on-call employee; or [PL 1997, c. 741, §2 (NEW); PL 1997, c. 741, §12 (AFF).] F. Who has been employed less than 30 days. [PL 1997, c. 741, §2 (NEW); PL 1997, c. 741, §12 (AFF).] [PL 1997, c. 741, §2 (NEW); PL 1997, c. 741, §12 (AFF).]

5. Public employer. "Public employer" means, with respect to the executive branch, all the departments, agencies and commissions of the executive branch of the State of Maine, represented by the Governor or the Governor's designee. In the furtherance of this chapter, the State is considered a single employer and employment relations, policies and practices throughout the state service must be as consistent as practicable. With respect to state employees, it is the responsibility of the executive branch to negotiate collective bargaining agreements and to administer such agreements. To coordinate the employer position in the negotiation of agreements, the Legislative Council or its designee shall maintain close liaison with the Governor or the Governor's designee representing the executive branch relative to the negotiation of cost items in any proposed agreement. The Governor is responsible for the employer functions of the executive branch under this chapter, and shall coordinate its collective bargaining activities with operating agencies on matters of agency concern. It is the responsibility of the legislative branch to act upon those portions of tentative agreements negotiated by the executive branch that require legislative action. "Public employer" means, with respect to the legislative branch, all offices or agencies of the Legislature represented by the Legislative Council or its designee. With respect to legislative employees, the Legislative Council shall negotiate and administer collective bargaining agreements. The Legislative Council or its designee is responsible for the employer functions of the legislative branch under this chapter. With respect to the executive branch, the Bureau of Human Resources, through the Commissioner of Administrative and Financial Services, shall act as directed by the Governor to: A. Develop and execute employee relations' policies, objectives and strategies consistent with the overall objectives of the Governor; [PL 1981, c. 289, §11 (NEW).] B. Conduct negotiations with certified and recognized bargaining agents under applicable statutes; [PL 1981, c. 289, §11 (NEW).] C. Administer and interpret collective bargaining agreements, and coordinate and direct agency activities as necessary to promote consistent policies and practices; [PL 1981, c. 289, §11 (NEW).] D. Represent the State in all bargaining unit determinations, elections, prohibited practice complaints and any other proceedings growing out of employee relations and collective bargaining activities; [PL 1981, c. 289, §11 (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 1981, c. 289, §11 (NEW).] F. Coordinate the State's resources as needed to represent the State in negotiations, mediation, fact-finding, arbitration and other proceedings; and [PL 1997, c. 741, §3 (AMD); PL 1997, c. 741, §12 (AFF).] G. Provide staff advice on employee relations to the various departments and agencies of State Government, including providing for necessary supervisory and managerial training. [PL 1981, c. 289, §11 (NEW).] All state departments and agencies shall provide such assistance, services and information as required by the Governor's office, or the Bureau of Human Resources, and shall take such administrative or other action as may be necessary to implement and administer the provisions of any binding agreement between the State and employee organizations entered into under law. [PL 2007, c. 240, Pt. HH, §14 (AMD).]

6. State employee. "State employee" means an employee of the State of Maine performing services within the Executive Department except a person: A. Elected by popular vote; [RR 2021, c. 2, Pt. A, §90 (COR).] B. Appointed to office pursuant to statute, ordinance or resolution for a specified term by the Governor or by a department head or body having appointive power within the Executive Department; [RR 2021, c. 2, Pt. A, §90 (COR).] C. Whose duties necessarily imply a confidential relationship with respect to matters subject to collective bargaining as between such person and the Governor, a department head, body having appointive power within the Executive Department or any other official or employee excepted by this section; [RR 2021, c. 2, Pt. A, §90 (COR).] D. Who is a department or division head appointed to office pursuant to statute, ordinance or resolution for an unspecified term by the Governor or by a body having appointive power within the Executive Department; [RR 2021, c. 2, Pt. A, §90 (COR).] E. [PL 2021, c. 601, §4 (RP).] F. Who is a temporary, seasonal or on-call employee; [RR 2021, c. 2, Pt. A, §90 (COR).] G. Who is serving as a member of the State Militia or National Guard; [RR 2021, c. 2, Pt. A, §90 (COR).] H. Who is a staff attorney, assistant attorney general or deputy attorney general in the Department of the Attorney General; [RR 2021, c. 2, Pt. A, §90 (COR).] I. Who is appointed to a major policy-influencing position as designated by Title 5, chapter 71 ; [RR 2021, c. 2, Pt. A, §90 (COR).] J. Who substantially participates in the formulation and effectuation of policy in a department or agency or has a major role, other than a typically supervisory role, in the administration of a collective bargaining agreement in a department or agency; or [PL 1997, c. 773, §2 (AMD); PL 1997, c. 773, §§7, 8 (AFF).] K. Who is a prisoner employed by a public employer during the prisoner's term of imprisonment, except for prisoners who are in a work release program or supervised community confinement pursuant to Title 34‑A, section 3036‑A . [PL 2013, c. 133, §22 (AMD).] L. [PL 1997, c. 773, §4 (RP); PL 1997, c. 773, §§7, 8 (AFF).] [RR 2021, c. 2, Pt. A, §90 (COR).]
26 M.R.S. § 45 — ME Code / Title 26 / Chapter 3 / Section 45
26 §45. Notice of improper conditions
Status: in_force

If, upon inspection, the director or any authorized agent of the bureau finds that an employer has violated a requirement of section 561‑A or any rule adopted pursuant to section 565 , the director or the authorized agent of the bureau shall immediately issue a citation to the employer. Each citation must be in writing and describe with particularity the nature of the violation, including a reference to the provision of this Title or the rules alleged to have been violated. In addition, the citation must fix a specific time for the abatement of the violation. [PL 2013, c. 473, §3 (AMD).]

Each citation issued under this section, or a copy or copies, must be prominently posted at or near each place where a violation referred to in the citation occurred or existed. In addition, employees must have access to their toxic exposure records or records of employee observation of exposure monitoring and measuring. [PL 2013, c. 473, §3 (AMD).]
26 M.R.S. § 620 — ME Code / Title 26 / Chapter 7 / Section 620
26 §620. Actions intended to prevent exercise of protected rights
Status: in_force

An employer that takes action intended to prevent or penalize a person from exercising rights protected under this chapter commits a civil violation for which a fine of not less than $500 nor more than $1,000 for each violation may be adjudged, in addition to any other remedy available under this chapter. The Department of Labor and the Attorney General may file a civil action to enforce this section. [PL 2023, c. 282, §1 (NEW).]

This section may not be construed to limit or restrict the rights of an individual to seek other available remedies in a separate legal action. [PL 2023, c. 282, §1 (NEW).]
26 M.R.S. § 626-A — ME Code / Title 26 / Chapter 7 / Section 626-A
26 §626-A. Penalties
Status: in_force

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

Any employer is liable to the employee or employees for the amount of unpaid wages and health benefits. Upon a judgment being rendered in favor of any employee or employees, in any action brought to recover unpaid wages or health benefits under this subchapter, such judgment includes, in addition to the unpaid wages or health benefits adjudged to be due, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. [PL 1993, c. 648, §1 (AMD).]

Remedies for unpaid wages do not become available to the employee except as follows. If the wages are clearly due without a bona fide dispute, remedies are available to the employee 8 days after the due date for payment. If there is a bona fide dispute at the time payment is due, remedies become available to the employee 8 days after demand when the wages are, in fact, due and remain unpaid. [PL 1999, c. 465, §5 (NEW).]

The action for unpaid wages or health benefits may be brought by either the affected employee or employees or by the Department of Labor. The Department of Labor is further authorized to supervise the payment of the judgment, collect the judgment on behalf of the employee or employees and collect fines incurred through violation of this subchapter. When the Department of Labor brings an action for unpaid wages or health benefits, this action and an action to collect a civil forfeiture may both be joined in the same proceeding. [PL 1993, c. 648, §1 (AMD).]
26 M.R.S. § 2021 — ME Code / Title 26 / Chapter 25 / Section 2021
26 §2021. Short title
Status: in_force

This subchapter may be known and cited as the "Nontraditional Occupation Act." [PL 1991, c. 807, §2 (NEW).]
26 M.R.S. § 850-C — ME Code / Title 26 / Chapter 7 / Section 850-C
26 §850-C. Payment of benefits
Status: in_force

1. Waiting period for medical leave. Medical leave benefits are not payable during the first 7 calendar days of the leave, except that an employee may use accrued sick or vacation pay or other paid leave provided under a collective bargaining agreement or employer policy during the first 7 calendar days of the leave. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Determination of weekly benefit amount. The weekly benefit amount paid to employees and self-employed individuals on family leave or medical leave is calculated as follows: A. The portion of the covered individual's average weekly wage that is equal to or less than 50% of the state average weekly wage must be replaced at a rate of 90%; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. The portion of the covered individual’s average weekly wage that is more than 50% of the state average weekly wage must be replaced at a rate of 66% up to the maximum weekly benefit. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Maximum benefit amount adjustment. The maximum weekly benefit amount calculated under subsection 2 is the state average weekly wage. By January 1st of the year in which claims begin being processed and annually thereafter, the department shall take into consideration the recommendation of the authority to adjust the maximum weekly benefit amount as necessary, and the adjusted maximum weekly benefit amount takes effect on January 1st of the year following the adjustment. The authority shall recommend adjusting the maximum benefit amount in order to maintain the solvency of the fund at a level of at least the annualized amount described in section 850‑E, subsection 3 . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Prorated benefit. If a covered individual takes family leave or medical leave on an intermittent or reduced leave schedule, the weekly benefit amount must be prorated as determined by the department. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

5. Reduction of benefit. The weekly benefit amount must be reduced by the amount of wages or wage replacement that a covered individual receives for that period under any of the following while on family leave or medical leave: A. A government program or law, including, but not limited to, unemployment insurance under this Title and workers' compensation under Title 39‑A other than for compensation received under Title 39‑A, section 213 for an injury that occurred prior to the family leave or medical leave claim, or under other state or federal temporary or permanent disability benefits law; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. A permanent disability policy or program of an employer. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 1413-C — ME Code / Title 26 / Chapter 19 / Section 1413-C
26 §1413-C. Commission
Status: in_force

Within the department, the Commission for the Deaf, Hard of Hearing and Late Deafened, as established under Title 5, section 12004‑J, subsection 17 , consists of up to 23 members appointed by the Governor and representing equally consumers, professionals and the public. Members serve 3-year terms and may serve multiple terms without limit. Members are entitled to compensation in accordance with Title 5, chapter 379 . [PL 2015, c. 141, §15 (AMD).]

The commission shall appoint, from its membership, a chair and vice-chair to serve 2-year terms. The commission shall meet at the call of the chair but not less than 4 times during a calendar year. The chair may delegate duties to members to carry out the functions of the commission. [PL 2009, c. 174, §17 (AMD).]
26 M.R.S. § 645 — ME Code / Title 26 / Chapter 7 / Section 645
26 §645. Waiver of rights prohibited
Status: in_force

Any agreement by a worker purporting to waive or modify any of the worker's rights under this subchapter is void as contrary to public policy. [PL 2009, c. 201, §8 (AMD).]
26 M.R.S. § 569 — ME Code / Title 26 / Chapter 6 / Section 569
26 §569. Rules
Status: in_force

The rules of the bureau must, at a minimum, conform to the standards of the federal Occupational Safety and Health Administration. If a rule adopted by the bureau conflicts with the rule of another state agency with regard to occupational safety and health standards, including conflicts of rules regarding employee health exposure, the bureau rule supersedes the other state agency rule. [PL 2013, c. 473, §6 (NEW).]
26 M.R.S. § 850-H — ME Code / Title 26 / Chapter 7 / Section 850-H
26 §850-H. Substitution of private plans
Status: in_force

1. Application for approval of private plan. An employer may apply to the department for approval to meet its obligations under this subchapter through a private plan. In order to be approved, a private plan must confer rights, protections and benefits substantially equivalent to those provided to employees under this subchapter, including, but not limited to: A. Allowing family leave and medical leave to be taken for all purposes specified in section 850‑B, subsections 2 and 3 ; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Providing family leave benefits and medical leave benefits to a covered individual for a maximum number of weeks substantially equivalent to the maximum number of weeks required in section 850‑B, subsection 4 in a benefit year; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. Providing a wage replacement rate for all family leave benefits and medical leave benefits that is substantially equivalent to the amount required by section 850‑C, subsection 2 ; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. Providing a maximum weekly benefit for all family leave benefits and medical leave benefits that is substantially equivalent to the amount specified in section 850‑C, subsection 3 ; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. Allowing a covered individual to take intermittent leave as authorized by section 850‑B, subsection 5 ; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. Imposing no additional conditions or restrictions on family leave benefits and medical leave benefits, or on family leave and medical leave taken in connection with those benefits, beyond those explicitly authorized by this subchapter or rules adopted pursuant to this subchapter; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] G. Allowing any employee covered under the private plan who is eligible for family leave benefits and medical leave benefits under this subchapter to receive benefits and take family leave and medical leave under the private plan; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] H. Providing that the cost to employees covered by the private plan may not be greater than the cost charged to employees under section 850‑F . [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Additional requirements. In order to be approved as meeting an employer's obligations under this subchapter, a private plan must also comply with the following provisions: A. If the private plan is in the form of self-insurance, the employer must furnish a bond to the State with a surety company authorized to transact business in the State, in the form, amount and manner required by the department; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. The plan must provide coverage for all employees of the employer throughout the employee's period of employment with that employer; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. If the plan is in the form of a 3rd party that provides for insurance, the forms of the policy must be issued by an insurer authorized to do business in the State. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Withdrawal of approval. The department shall withdraw approval for a private plan granted under subsection 1 when terms or conditions of the plan have been violated. Causes for plan termination include, but are not limited to, the following: A. Failure to pay family leave benefits or medical leave benefits; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Failure to pay family leave benefits or medical leave benefits timely and in a manner consistent with this subchapter; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. Failure to maintain an adequate surety bond under subsection 2, paragraph A ; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. Misuse of private plan money; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. Failure to submit reports or comply with other requirements as required by the commissioner by rule; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. Failure to comply with this subchapter or the rules adopted pursuant to this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Rights retained. An employee covered by a private plan approved under this section retains all applicable rights otherwise provided under federal and state law. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

5. Appeal. A contested determination or denial of family leave benefits or medical leave benefits by a private plan is subject to appeal before the department and a court of competent jurisdiction as provided in section 850‑K . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

6. Violations. Employers offering private plans that violate this section are subject to a fine of $100 per violation. If an employer's private plan benefit coverage is found to have lapsed during a period of a private plan substitution approved under this section, the employer may be assessed a fine equal to the amount of the premiums the employer would owe to the fund pursuant to section 850‑F for the time period in which coverage was not provided plus a penalty of 1.0% of that employer's total payroll for the same period. An employer may not deduct any employee portion of the premiums to pay this fine. The department shall transfer any fines collected pursuant to this subsection to the fund. The department by rule shall establish a process for the assessment and appeal of fines under this subsection. [PL 2025, c. 277, §5 (AMD).]

7. Cost of administration. The department shall annually determine the total amount expended by the department for costs arising out of the administration of private plans. An employer offering a private plan pursuant to this section shall reimburse the department for the costs arising out of the private plan in the amount, form and manner determined by the department by rule. The department shall transfer payments received pursuant to this subsection to the fund. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

8. Rules. The department shall adopt rules in accordance with section 850‑Q regarding the determination of what constitutes a private plan that may be approved under this section. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 850-G — ME Code / Title 26 / Chapter 7 / Section 850-G
26 §850-G. Elective coverage
Status: in_force

1. Self-employed individual. A self-employed individual, including an independent contractor, sole proprietor or partner, may elect coverage under this subchapter for an initial period of not less than 3 years. The self-employed individual shall file a notice of election in writing with the commissioner, as required by the department. The election becomes effective on the date of filing the notice. As a condition of election, the self-employed individual must agree to supply any information concerning wages that the department considers necessary. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Withdrawal from coverage. A self-employed individual who has elected coverage may withdraw from coverage within 30 days after the end of the 3-year period of coverage, or at such other times as the commissioner may prescribe by rule, by filing written notice with the commissioner. A withdrawal may not take effect sooner than 30 days after filing the notice. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Individual no longer self-employed. An individual who has elected coverage under this section and is no longer a self-employed individual must be excused from that individual's obligations under this section, as the department prescribes by rule. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Tribal government. A tribal government may elect to be covered under this subchapter, or to terminate coverage, in the same manner as provided in this section, subject to such procedures as the department may require by rule. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 1198 — ME Code / Title 26 / Chapter 13 / Section 1198
26 §1198. Work-sharing benefits
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affected unit" means a specified plant, department, shift or other definable unit consisting of 2 or more eligible employees to which a work-sharing plan applies. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] B. "Commissioner" means the Commissioner of Labor or the commissioner's designee. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] C. "Eligible employee" means an individual who usually works for the eligible employer submitting a work-sharing plan. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] D. "Eligible employer" means a public or private employer who is not delinquent in the payment of contributions or reimbursements or in the reporting of wages. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] E. "Fringe benefits" includes, but is not limited to, health insurance, retirement benefits, paid vacation and holidays, sick leave and similar advantages that are incidents of employment. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] F. "Intermittent employment" means employment that is not continuous but may consist of intervals of weekly work and intervals of no weekly work or annually reoccurring reductions of work at a year-round business that has not been determined seasonal. [PL 2017, c. 117, §10 (AMD).] G. "Seasonal employment" means employment in seasonal industries within the determined seasonal period or periods. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] H. "Seasonal industry" means an industry in which, because of the seasonal nature of the industry, it is customary to operate only during a regularly recurring period or periods of less than 26 weeks in a calendar year and any seasonal industry under section 1251, subsection 1 . [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] I. [PL 2013, c. 448, §1 (RP).] J. "Usual weekly hours of work" means the normal hours of work each week for an eligible employee in an affected unit when that unit is operating on a full-time basis, not to exceed 40 hours and not including overtime. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] K. "Work-sharing benefits" means benefits payable to eligible employees in an affected unit under an approved work-sharing plan. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] L. "Work-sharing employer" means an eligible employer with an approved work-sharing plan in effect. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] M. "Work-sharing plan" means a plan submitted to the commissioner by an eligible employer under which there is a reduction in the number of hours worked by the eligible employees in the affected unit in lieu of layoffs of some of the employees. [PL 2013, c. 448, §2 (AMD).] [PL 2017, c. 117, §10 (AMD).]

2. Criteria for approval of a work-sharing plan. An eligible employer wishing to participate in a work-sharing program under this section must submit a signed work-sharing plan to the commissioner for approval. The commissioner shall approve a work-sharing plan if the terms of the employer's written work-sharing plan and implementation plan described in paragraph I attest that they are consistent with employer obligations under applicable federal and state laws and if the following requirements are met: A. The work-sharing plan identifies the affected unit or units and specifies the effective date of the plan; [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] B. The work-sharing plan identifies the eligible employees in the affected unit or units by name, social security number, usual weekly hours of work, proposed wage and hour reduction and any other information that the commissioner requires; [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] C. The work-sharing plan certifies that the reduction in the usual weekly hours of work is in lieu of layoffs that would have affected at least 10% of the eligible employees in the affected unit or units and that would have resulted in an equivalent reduction in work hours; [PL 2013, c. 448, §3 (AMD).] D. Under the work-sharing plan the usual weekly hours of work for eligible employees in the affected unit or units are reduced by not less than 10% and not more than 50% and the reduction in hours in each affected unit is spread equally among eligible employees in the affected unit; [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] E. The work-sharing plan specifies the manner in which the fringe benefits of the eligible employees will be affected. If the employer provides health benefits or retirement benefits under a defined benefit plan, the employer must continue to provide the benefits to employees participating in the work-sharing program as if the workweeks of these employees had not been reduced or to the same extent the benefits are provided to other employees not participating in the work-sharing program; [PL 2013, c. 448, §3 (AMD).] F. In the case of eligible employees represented by a collective bargaining agent, the work-sharing plan is approved in writing by the collective bargaining agent that covers the affected eligible employees. In the absence of a collective bargaining agent, the work-sharing plan must contain a certification by the eligible employer that the proposed plan, or a summary of the plan, has been made available to each eligible employee in the affected unit; [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] G. A statement that the work-sharing plan will not serve as a subsidy of seasonal employment during the off-season or of intermittent employment is included; [PL 2013, c. 448, §3 (AMD).] H. The eligible employer agrees to furnish reports relating to the proper conduct of the work-sharing plan and agrees to allow the commissioner or the commissioner's designee or authorized representatives access to all records necessary to verify the plan prior to approval and to monitor and evaluate application of the plan after approval; [PL 2013, c. 448, §3 (AMD).] I. The work-sharing plan specifies the manner in which the requirements of this subsection will be implemented including a plan for giving notice, when feasible, to an employee whose workweek is to be reduced together with an estimate of the number of layoffs that would have occurred absent the ability of employees to participate in the work-sharing and such other information as the United States Secretary of Labor determines is appropriate; and [PL 2013, c. 448, §3 (NEW).] J. The eligible employer allows eligible employees to participate, as appropriate, in training, including employer-sponsored training or worker training funded under the federal Workforce Innovation and Opportunity Act, Public Law 113-128, to enhance job skills if such training has been approved by the commissioner. [PL 2017, c. 475, Pt. A, §45 (RPR).] [PL 2017, c. 475, Pt. A, §45 (AMD).]

3. Approval or rejection of the work-sharing plan. The commissioner shall approve or reject a work-sharing plan in writing. The commissioner's decision is final and not subject to appeal. The eligible employer may submit another work-sharing plan for approval, and a determination must be made based upon the new information submitted by the eligible employer. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

4. Effective date and duration of the work-sharing plan. A work-sharing plan takes effect on the date specified in the plan or on the first Sunday following the date on which the plan is approved by the commissioner, whichever is later. It expires at the end of the 12th full calendar month after its effective date or on the date specified in the plan if that date is earlier, unless the plan is previously revoked by the commissioner. If a plan is revoked by the commissioner, it terminates on the date specified in the written order of revocation. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

5. Review; revocation of approval. The commissioner shall review the operation of each approved work-sharing plan at least once during the period the plan is in effect to ensure that it complies with the work-sharing plan requirements under subsection 2 . The commissioner may revoke approval of a work-sharing plan for good cause. A. The revocation order must be in writing, state the reason for revocation and specify the date the revocation takes effect. The revocation order is final and not subject to appeal. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] B. Action to revoke the work-sharing plan may be taken at any time by the commissioner on the commissioner's own motion, on the motion of any of the affected unit's eligible employees or on the motion of a collective bargaining agent that covers the affected employees. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] For the purposes of this subsection, "good cause" includes, but is not limited to, failure to comply with assurances given in the work-sharing plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the plan and violation of any criteria on which approval of the plan was based. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

6. Modification of the work-sharing plan. An operational approved work-sharing plan may be modified by the eligible employer with the consent of a collective bargaining agent that covers the affected employees, if any, if the modification is not substantial, conforms with the plan approved by the commissioner and is reported promptly to the commissioner by the eligible employer. If the hours of work are increased or decreased substantially beyond the level in the original plan or any other conditions are changed substantially, the commissioner shall approve or disapprove the modifications without changing the expiration date of the original plan. If the substantial modifications do not meet the requirements for approval under subsection 2 , the commissioner shall disallow those modifications in writing. The decision of the commissioner is final and not subject to appeal. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

7. Eligibility for work-sharing benefits. After serving a waiting period as prescribed by the commissioner, an eligible employee is eligible to receive work-sharing benefits with respect to any week only if the commissioner finds that, in addition to meeting other conditions of eligibility for regular benefits under this Title that are not inconsistent with this section: A. During the week, the eligible employee is employed as a member of an affected unit under an approved work-sharing plan that was approved prior to that week and that is in effect with respect to the week for which work-sharing benefits are claimed; and [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] B. The eligible employee is available and able to work the normal workweek with the work-sharing employer. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] Notwithstanding any other provisions of this chapter, an eligible employee is deemed unemployed in any week for which remuneration is payable to that eligible employee as an eligible employee in an affected unit for less than that eligible employee's normal weekly hours of work as specified under the approved work-sharing plan in effect for the week. Notwithstanding any other provisions of this Title, an eligible employee may not be denied work-sharing benefits for any week by reason of the application of laws and rules relating to the availability for work and active search for work with an employer other than the work-sharing employer. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

8. Work-sharing benefits. This subsection governs the payment of work-sharing benefits under this section. A. The weekly work-sharing benefit amount is the product of the regular weekly benefit amount, including any dependents' allowances, multiplied by the percentage reduction in the eligible employee's usual weekly hours of work as specified in the approved work-sharing plan. If the weekly work-sharing benefit amount is not an exact multiple of $1, the weekly work-sharing benefit amount must be rounded down to the next lower multiple of $1. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] B. An eligible employee may not receive a total of work-sharing benefits and regular unemployment compensation in any benefit year that exceeds the maximum entitlement established for unemployment compensation, nor may an eligible employee be paid work-sharing benefits for more than 52 weeks in any benefit year pursuant to an approved work-sharing plan. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] C. The work-sharing benefits paid must be deducted from the maximum entitlement amount established for an eligible employee's benefit year. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] D. If an eligible employer approves time off and the eligible employee has performed some work during the week, the eligible employee is eligible for work-sharing benefits based on the combined work and paid leave hours for that week. If the eligible employer does not grant time off, the question of availability must be investigated by the commissioner. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] E. If an eligible employee was sick and consequently did not work all the hours offered by the work-sharing employer in a given week, the employee must be denied work-sharing benefits for that week. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] F. Claims for work-sharing benefits must be filed in the same manner as claims for unemployment compensation or as prescribed in rules by the commissioner. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] G. Laws and rules applicable to unemployment compensation claimants apply to work-sharing claimants to the extent that they are not inconsistent with the established work-sharing provisions. An eligible employee who files an initial claim for work-sharing benefits, if eligible for work-sharing benefits, must be provided a monetary determination of entitlement to work-sharing benefits and must serve a waiting period of one week. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] H. If an eligible employee works in the same week for a work-sharing employer and an employer other than the work-sharing employer, the eligible employee's work-sharing benefits must be computed in the same manner as if the eligible employee worked solely with the work-sharing employer, except that if the eligible employee is not able to work or is not available for the normal workweek with the work-sharing employer, work-sharing benefits may not be paid to that eligible employee for that week. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] I. An eligible employee who does not work during a week for the work-sharing employer and is otherwise eligible must be paid the full weekly unemployment compensation amount. That week is not counted as a week for which work-sharing benefits were received. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] J. An eligible employee who does not work for the work-sharing employer during a week but works for another employer and is otherwise eligible must be paid benefits for that week under the partial unemployment compensation provisions of this chapter. That week is not counted as a week for which work-sharing benefits were received. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] K. Nothing in this section precludes an otherwise eligible employee from receiving total or partial unemployment benefits when the eligible employee's work-sharing benefits have been exhausted. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).] [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

9. Benefit charges. Notwithstanding any other provisions of this Title, work-sharing benefits are charged to the account of the work-sharing employer. Employers liable for payments in lieu of contributions must reimburse the Unemployment Compensation Fund for the full amount of work-sharing benefits paid to their employees under an approved work-sharing plan. [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

10. Extended benefits for dislocated workers. An individual who has received all of the unemployment compensation or combined unemployment compensation and work-sharing benefits available in a benefit year is considered an exhaustee for purposes of extended benefits, as provided in section 1196, subsection 1‑A , and, if otherwise eligible under that subsection, is eligible to receive extended benefits. [PL 2025, c. 235, §18 (AMD).]

11. Rules. The commissioner shall adopt rules to implement this section. Those rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 91, §1 (NEW); PL 2011, c. 91, §3 (AFF).]

12. Repeal. [PL 2013, c. 448, §4 (RP).]
26 M.R.S. § 1229 — ME Code / Title 26 / Chapter 13 / Section 1229
26 §1229. Collection by civil action
Status: in_force

If any employer fails to make any payment of contributions, interest or penalties after notice of an assessment under section 1225, subsection 1 , and after the assessment has become final as to law and fact, in addition to or alternatively to any other method of collection prescribed in this chapter, the amount due may be collected by civil action in the name of the commissioner and the employer shall pay the costs of those actions. Civil actions brought under this section to collect contributions and interest, or penalties due thereon, from an employer must be heard by the court at the earliest possible date and are entitled to preference upon the calendar of the court over all other civil actions, except petitions for judicial review under this chapter and cases arising under the Maine Workers' Compensation Act of 1992. The foregoing remedies are in addition to all other existing remedies against the employer or the employer's successor. [RR 1993, c. 1, §70 (COR).]