26 M.R.S. § 1051 — ME Code / Title 26 / Chapter 13 / Section 1051
26 §1051. Penalties
Status: in_force

1. False statement or representation. A person is guilty of unemployment fraud if that person makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact or solicits another person to make a false statement knowing it to be false or knowingly solicits another person to fail to disclose a material fact: A. To obtain or increase any benefit or other payment under this chapter or under an employment security law of any other state or of the Federal Government; [PL 1979, c. 515, §9 (NEW).] B. To prevent or reduce the payment of unemployment benefits to any individual; [PL 1979, c. 515, §9 (NEW).] C. To avoid becoming or remaining an employer under this chapter; or [PL 1983, c. 118 (AMD).] D. To avoid or reduce any contribution or other payment required from an employing unit under this chapter. [PL 1979, c. 515, §9 (NEW).] Each false statement or representation or failure to disclose a material fact constitutes a separate offense. Unemployment fraud is theft by deception under Title 17‑A, section 354 . [PL 2025, c. 235, §4 (AMD).]

2. Separate offense. Any person who willfully fails or refuses to make any contributions or other payments, to furnish any reports required by this chapter or to produce or permit the inspection or copying of records as required is guilty of a Class D crime. Each failure or refusal shall constitute a separate offense. For purposes of this paragraph, "person" means an individual, corporation or partnership or an officer or employee of any corporation, including a dissolved corporation, or a member or employee of any partnership who was, at the time of the violation, under a duty to comply with this paragraph. [PL 1985, c. 348, §3 (AMD).]

3. Class E crime. Any person who willfully violates any provision of this chapter or any regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, is guilty of a Class E crime. [PL 1983, c. 118 (AMD).]

4. Nondisclosure or misrepresentation to receive benefits. A person who, by reason of the nondisclosure or misrepresentation by that person or by another of a material fact, if that nondisclosure or misrepresentation was known to that person or ought to have been known by that person to be fraudulent, has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in that person's case, or while that person was disqualified from receiving benefits, is either liable to have the sum deducted from any future benefits payable to that person under this chapter or is liable to repay to the bureau for the Unemployment Compensation Fund a sum equal to the amount so received by that person, and the sum must be collectible in the manner provided in subsection 6 . [RR 2023, c. 2, Pt. E, §83 (COR).]

5. Refusal to repay erroneous payments; waiver of repayment. If, after due notice, any person refuses to repay amounts erroneously paid to that person as unemployment benefits, the amounts due from that person are collectible in the manner provided in subsection 6 or in the discretion of the commissioner or the commissioner's designee, the amount erroneously paid to such person may be deducted from any future benefits payable to that person under this chapter; except that there is no recovery of payments from any person who, in the judgment of the commissioner or the commissioner's designee, is without fault and when, in the judgment of the commissioner or the commissioner's designee, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. No recovery may be attempted until the determination of an erroneous payment is final as to law and fact and the individual has been notified of the opportunity for a waiver under this subsection. [PL 2021, c. 456, §6 (AMD).]

6. Collection of erroneous payments or payments received by nondisclosure or misrepresentation. Any amounts of benefit payments owed to the commissioner by any individual may be collected by any of the following methods. A. The amount due may be collected by civil action in the name of the commissioner. [PL 1983, c. 351, §5 (AMD).] B. If any amount of benefit payments owed to the commissioner is not paid when the decision establishing or a decision upholding the establishment of the debt has become final as to law and fact under section 1194 , and if the amount of benefit payments due was set forth on a notice duly mailed to the individual following the finality of the last decision, the amount due may be collected by warrant as follows. (1) The commissioner may file in the office of the clerk of the Superior Court of Kennebec County a certificate addressed to the clerk specifying the amount of benefit payments required to be paid and the weeks involved, the name and address of the liable person as it appears on the records of the bureau, the facts whereby the amount has become final as to law and fact and requesting that a warrant be issued against the person for the amount required to be paid, and with costs, but without interest. (2) When the certificate is filed, the clerk of the Superior Court shall issue a warrant in favor of the bureau against the person for the amount required to be paid and with costs. The clerk shall file the certificate in a separate docket entitled "Special Warrants for Unemployment Compensation Benefit Payments." These records are not to become a part of the extended record of the court. (3) The warrant shall have the force and effect of an execution issued upon a judgment in a civil action, may be substantially the same as the form in section 1230, subsection 4, paragraph A , and shall specify the amount of benefit payments required to be paid and the weeks involved. (4) Warrants shall be returnable within one year, and new warrants may be issued on any such certificate within 4 years from the return day of the last preceding warrant for sums remaining unsatisfied. [PL 1979, c. 651, §§11, 12 (AMD).] C. If the amount of benefit payments owed to the commissioner, as a result of nondisclosure or misrepresentation, when the decision establishing or a decision upholding the establishment of the debt has become final as to law and fact under section 1194 is over $100, and if the amount of benefit payments due was set forth on a notice duly mailed to the individual following the finality of the last decision and the individual has failed to make payments for 90 days, the amount due may be collected by an order to withhold and deliver as follows. (1) The commissioner may serve on any person an order to withhold and deliver wages that are due or belong to the individual. Any person served with an order to withhold and deliver shall answer the order within 20 days of receipt of the order. (2) Before implementation of the order to withhold, the individual must be served with a notice of intention to withhold weekly earnings. (3) If the individual requests review by the commission of a notice of debt accrued or seeks relief in a court of proper jurisdiction, and if the Department of Labor receives the request or service of pleadings within 21 days after service of the notice of debt, it shall stay the collection action. The Department of Labor shall accept ordinary mail service of copies of all pleadings, which must be addressed to the Department of Labor representative whose name appears on the face of the notice of debt. Service upon the Department of Labor must be in addition to any other service required under the Maine Rules of Civil Procedure. (4) Upon receipt of an order to withhold issued by the Department of Labor, the employer or other payor shall immediately begin withholding from the income of the responsible individual 10% of gross wages, except that the amount withheld may not exceed an amount by which the individual's disposable earnings are reduced to a weekly equivalent of 40 times the state hourly minimum wage prescribed by section 664, subsection 1 . Sums withheld must be remitted to the Department of Labor within 10 days of the date the individual is paid. Any person who honors an order to withhold issued under this section is discharged from any liability or obligation to the individual for the amount of the wages withheld. (5) The withholding may be terminated with regard to a current obligation only upon notification by the commissioner. (6) An employer may not discharge an employee because a lien or order to withhold and deliver has been served against the employee's earnings. An aggrieved employee may maintain a civil action against that employee's employer for violation of this subparagraph. [PL 2025, c. 235, §5 (AMD).] [PL 2025, c. 235, §5 (AMD).]

7. Limitation on recovery. Deduction from benefits that may be or may become payable to an individual as provided for in subsection 5 is limited to not more than 10% of the first $100 and 50% of any amount above $100 of any weekly benefit payment otherwise due the claimant. [PL 1999, c. 464, §3 (AMD).]

8. Setoff of debts against lottery winnings. Lottery winnings may be offset for benefit payments owed to the commissioner in accordance with this subsection. A. The commissioner shall provide the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, referred to in this paragraph as the "bureau," access to an electronic database of all persons who owe the Department of Labor an unemployment compensation debt that has been liquidated by judicial or administrative action. Before paying any state lottery winnings of an amount equal to or greater than the amount for which the bureau is required to file a Form W‑2G or substantially equivalent form with the United States Internal Revenue Service, the bureau shall determine whether the lottery winner owes to the State an unemployment compensation debt that has been liquidated by judicial or administrative action. If the bureau determines that the winner owes unemployment compensation debts, the bureau shall suspend payment of winnings and notify the winner of its intention to offset the winner's unemployment compensation debt against the winnings. The bureau shall release any remaining winnings to the winner. The bureau shall notify the winner of the winner's right to appeal to the Commissioner of Labor pursuant to Title 5, chapter 375 . The winner must appeal in writing within 15 days of receipt of that notice. The hearing is limited to the questions of whether the debt is liquidated and whether postliquidation events have affected the winner's liability. The decision of the Department of Labor as to the existence of a liquidated debt constitutes final agency action. [PL 2021, c. 543, §3 (AMD).] B. The commissioner shall periodically notify the Tri-state Lotto Commission of all persons who owe the Department of Labor an unemployment compensation debt that has been liquidated by judicial or administrative action. [PL 1997, c. 434, §2 (NEW).] [PL 2021, c. 543, §3 (AMD).]

9. Interest on overpayments. A benefit overpayment established in a determination rendered under section 1193, subsection 6 accrues interest at the rate of 1.0% per month or per fraction of a month from the first of the month following the date the determination establishing the benefit overpayment becomes final until payment plus accrued interest is received by the bureau. [RR 2021, c. 2, Pt. A, §92 (COR).]

10. Application of benefit repayments. Amounts received through any means to repay benefit payments owed to the commissioner must be applied first to any outstanding penalties, 2nd to any outstanding interest and 3rd to any benefit payments owed to the commissioner, except that if the repayment of benefit amounts owed to the commissioner is accomplished by offsetting subsequent benefit payments issued under this chapter, that repayment may be applied only to the principal amount. [PL 2025, c. 235, §6 (AMD).]
26 M.R.S. § 627 — ME Code / Title 26 / Chapter 7 / Section 627
26 §627. Assignment of wages
Status: in_force

An assignment of wages is not valid against any other person than the parties to the assignment unless the assignment is recorded by the clerk in the office of the Secretary of State. An assignment of wages may not be valid against the employer unless the employer has actual notice of the assignment. [RR 2023, c. 2, Pt. E, §14 (COR).]

An assignment of wages executed in satisfaction of a child support obligation shall have absolute priority over all previously filed orders against earnings entered pursuant to Title 14, section 3127‑B and former section 3137, and over any other assignment of wages, which orders and assignments were entered after July 24, 1984. [PL 1987, c. 184, §24 (AMD).]
26 M.R.S. § 1231 — ME Code / Title 26 / Chapter 13 / Section 1231
26 §1231. Priorities under legal dissolutions or distributions
Status: in_force

In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceeding, contributions then or thereafter due shall be paid in full prior to all other claims, except claims for wages of not more than $250 to each claimant, earned within 6 months of the commencement of the proceeding. [PL 1975, c. 462, §9 (NEW).]
26 M.R.S. § 5 — ME Code / Title 26 / Chapter 1 / Section 5
26 §5. Injunctions in labor disputes without hearing prohibited
Status: in_force

No court nor any judge or judges of any court may issue a preliminary or permanent injunction in any case involving or growing out of a labor dispute except after hearing the testimony of witnesses in open court with opportunity for cross-examination and after a showing that the injunction is necessary to avoid a substantial and irreparable injury to the complainant's property and that the public officers charged with the duty to protect the complainant's property are unable or unwilling to furnish adequate protection. The hearing shall be held after due and personal notice of the hearing has been given in such manner as the court directs to all known persons against whom relief is sought. [PL 1989, c. 407, §§1, 2 (AMD).]

If a complainant alleges that the issuance of a temporary restraining order before the hearing can be held is necessary to avoid a substantial and irreparable injury to complainant's property, a temporary restraining order may be granted upon the expiration of any reasonable notice as the court may direct by order to show cause but in no case less than 48 hours. [PL 1989, c. 407, §§1, 2 (AMD).]

The order to show cause must specify facts sufficient to justify the court to issue a preliminary injunction. The order shall be based upon testimony under oath or, in the discretion of the court, upon affidavits sworn to before a notary public. The order shall be served upon the party or parties to be restrained. [PL 1989, c. 407, §§1, 2 (AMD).]

The temporary restraining order shall be effective for no longer than 5 days except as provided in this section. If the hearing for a preliminary injunction has begun before the expiration of the 5 days, and if the complainant has shown by clear and convincing evidence that an imminent danger of substantial and irreparable injury to the complainant's property or person will exist if the restraining order is not continued, the restraining order may, in the court's discretion, be continued until a decision is reached upon the issuance of the preliminary injunction. [PL 1989, c. 407, §§1, 2 (AMD).]

A temporary restraining order without notice may be issued only on the condition that the complainant has shown by clear and convincing evidence that an imminent danger of substantial and irreparable injury to the complainant's property or person exists in the absence of a restraining order. The order without notice may furthermore be issued only on the condition that the complainant must first file an undertaking with adequate security sufficient to recompense those enjoined for any loss, expense or damage caused by the issuance of the order, including all reasonable costs and expense for defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court. [PL 1989, c. 407, §§1, 2 (AMD).]

No restraining order or injunctive relief may be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make reasonable effort to settle the dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration. [PL 1989, c. 407, §§1, 2 (NEW).]

No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, may be held responsible or liable in any state court for the unlawful acts of individual officers, members or agents, except upon clear proof of actual participation in or actual authorization of these acts, or of ratification of these acts after actual knowledge of the acts. [PL 1989, c. 407, §§1, 2 (NEW).]

Nothing in this section may deprive any party of any remedy that may be had at law. [PL 1989, c. 407, §§1, 2 (AMD).]
26 M.R.S. § 979-R — ME Code / Title 26 / Chapter 9-B / Section 979-R
26 §979-R. 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, §2 (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, §2 (NEW).]
26 M.R.S. § 850 — ME Code / Title 26 / Chapter 7 / Section 850
26 §850. Employment leave for victims of violence
Status: in_force

1. Required leave. An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to: A. Prepare for and attend court proceedings; [PL 1999, c. 435, §1 (NEW).] B. Receive medical treatment or attend to medical treatment for a victim who is the employee's child, parent or spouse; or [RR 2023, c. 2, Pt. E, §32 (COR).] C. Obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking. [PL 1999, c. 435, §1 (NEW).] The leave must be needed because the employee or the employee's child, parent or spouse is a victim of violence, assault, sexual assaults under Title 17‑A, chapter 11, stalking or any act that would support an order for protection under Title 19‑A, chapter 103. An employer may not sanction an employee or deprive an employee of pay or benefits for exercising a right granted by this section. [RR 2023, c. 2, Pt. E, §32 (COR).]

1-A. Definitions. For purposes of this subchapter, "child" has the same meaning as "daughter" or "son" under federal regulations adopted pursuant to 29 United States Code, Section 2654, as in effect on January 1, 2002. For purposes of this subchapter, "parent" and "spouse" have the same meanings as under federal regulations adopted pursuant to 29 United States Code, Section 2654, as in effect on January 1, 2002. An employer may require an employee to provide reasonable documentation of the family relationship, which may include a statement from the employee, a birth certificate, a court document or similar documents. [RR 2023, c. 2, Pt. E, §33 (COR).]

2. Exceptions. Subsection 1 is not violated if: A. The employer would sustain undue hardship from the employee's absence; [PL 2001, c. 685, §3 (AMD).] B. The request for leave is not communicated to the employer within a reasonable time under the circumstances; or [PL 1999, c. 435, §1 (NEW).] C. The requested leave is impractical, unreasonable or unnecessary based on the facts then made known to the employer. [PL 1999, c. 435, §1 (NEW).] [PL 2001, c. 685, §3 (AMD).]

3. Penalties. If notice of a violation of this section is given to the employer and the Department of Labor within 6 months of the occurrence, the Department of Labor may assess penalties as follows: A. For denial of leave in violation of this section, a fine of up to $1,000 for each violation of this section may be assessed. A fine assessed under this paragraph must be paid to the Treasurer of State. Additionally, the employer shall pay liquidated damages to the affected individual in an amount equal to 3 times the amount of total assessed fines; and [PL 2015, c. 343, Pt. A, §1 (NEW).] B. For termination in connection with an individual exercising a right granted by this section, the affected individual may elect to receive: (1) Liquidated damages pursuant to paragraph A ; or (2) Reemployment with the employer with back wages. [PL 2015, c. 343, Pt. A, §1 (NEW).] [PL 2015, c. 343, Pt. A, §1 (AMD).]

4. Application. This subchapter applies to all public and private employers, including the State and its political subdivisions. [PL 1999, c. 659, §2 (NEW).]
26 M.R.S. § 855 — ME Code / Title 26 / Chapter 7 / Section 855
26 §855. Evidence
Status: in_force

It is prima facie evidence that a person customarily and repeatedly offers to accept employment in place of employees involved in a labor, strike or lockout if the person has 2 times before offered to take the place of employment of persons involved in labor, strikes or lockouts. [RR 2023, c. 2, Pt. E, §37 (COR).]
26 M.R.S. § 872 — ME Code / Title 26 / Chapter 7 / Section 872
26 §872. Proof of equipment ownership for employers using foreign laborers
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Bond worker" means a person who has been described under 8 United States Code, Section 1101(a)(15)(H)(ii) and granted permission to work temporarily in the United States. [PL 2009, c. 637, §3 (NEW).] B. "Logging equipment" means equipment used directly in the cutting and transporting of logs to the roadside, the production of wood chips in the field, the construction of logging roads and the transporting of logs or other wood products off-site or on roadways. [PL 2009, c. 637, §3 (NEW).] [PL 2009, c. 637, §3 (RPR).]

2. Proof of ownership required. An employer in this State who applies for a bond worker in a logging occupation shall provide proof of the employer's ownership of any logging equipment used by that worker in the course of employment, including proof of ownership of at least one piece of logging equipment for every 2 bond workers employed by the employer in a logging occupation. The employer shall provide proof of ownership as required by this subsection on a form provided by the Commissioner of Labor. The proof required by this subsection must include, but not be limited to, a receipt for payment for the equipment purchased in a bona fide transaction and documentation of payment of any tax assessed on the equipment pursuant to Title 36, chapter 105 for the year in which the bond worker is employed by the employer. Proof of ownership must be carried in the equipment and, upon request by the department or its designee, the operator of equipment subject to this section shall provide proof of ownership. If proof of ownership is not provided within 14 calendar days of such a request, a fine of not less than $5,000 and not more than $25,000 may be assessed against that employer and collected by the Commissioner of Labor. Notwithstanding section 3 , information regarding proof of ownership is not confidential and may be disclosed to the public. If the equipment is leased by the employer, the employer shall provide the name, address and telephone number of the leasing company and its affiliates and subsidiaries; the names, addresses and telephone numbers of the leasing company's owner or owners, its agent and members of its board of directors; and a copy of the lease document. A lease is sufficient to meet the ownership requirement of this section only if it is a bona fide lease and: A. The lease consists of an arm’s length transaction between unrelated entities or is a transfer of equipment between affiliated companies; [PL 2009, c. 637, §4 (NEW).] B. The lease document contains a specific duration and lease amount; [PL 2009, c. 637, §4 (NEW).] C. The lessor is not an entity owned or controlled by a bond worker or a bond worker’s spouse, parent, child, sibling or cousin; a sibling of a bond worker's parent; or a person related to a bond worker in the same manner by marriage or by any combination of a bond worker and the bond worker’s family members described in this paragraph; [RR 2023, c. 2, Pt. E, §38 (COR).] D. The lessor is a leasing business as evidenced by a lease of logging equipment to at least 3 different, unrelated entities within each of the past 3 years; and [PL 2011, c. 620, §1 (AMD).] E. The lessor provides proof of payment of personal property tax assessed on the leased equipment. [PL 2011, c. 620, §1 (NEW).] [RR 2023, c. 2, Pt. E, §38 (COR).]

2-A. Notification. An employer filing for certification from the United States Department of Labor to hire a bond worker to operate logging equipment shall at the time of filing notify the Maine Department of Labor and provide, for the year in which the bond worker is employed, the number of bond workers requested; a list of each piece of logging equipment, including serial number, a bond worker will operate; receipts for payment for the logging equipment purchased in bona fide transactions; and documentation of payment of any tax assessed on the logging equipment pursuant to Title 36, chapter 105 . An employer shall notify the Maine Department of Labor within 14 calendar days of the date on which a bond worker begins work in the State and shall specify the name of the bond worker and the anticipated locations where the bond worker will be conducting work and shall provide a copy of the United States Customs and Border Protection's entry form for that worker. The employer shall certify to the Maine Department of Labor that the employer is not requiring the bond worker to engage in point-to-point hauling of forest products within the State or to otherwise violate federal cabotage laws. If the notification is not provided within 14 calendar days of the date on which a bond worker begins work, a fine of not less than $5,000 and not more than $25,000 must be assessed against that employer and collected by the Commissioner of Labor. [PL 2021, c. 665, §2 (AMD).]

2-B. Violation. Upon an employer's conviction of a violation of subsection 2 , the Commissioner of Labor may prohibit the employer from employing bond workers in this State for 2 years. [PL 2011, c. 620, §1 (AMD).]

3. Equipment covered by federal prevailing wage exempt. This section does not apply to equipment for which the United States Department of Labor, Division of Foreign Labor Certification has established a prevailing wage under the federal Service Contract Act of 1965 for persons using that equipment. [PL 2005, c. 461, §1 (NEW).]

4. Enforcement; rules. The Commissioner of Labor may adopt rules to implement and enforce the provisions of this section, including rules regarding the receipt of documentation and the investigation and prosecution of employer proof of ownership of logging equipment. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 620, §1 (AMD).]

5. Penalty; enforcement. [PL 2011, c. 620, §1 (RP).]

6. Assistance. The Department of Agriculture, Conservation and Forestry and the Department of Administrative and Financial Services, Bureau of Revenue Services shall provide interagency support and field information to assist the Department of Labor in enforcing this section. [PL 2009, c. 637, §9 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
26 M.R.S. § 1411-C — ME Code / Title 26 / Chapter 19 / Section 1411-C
26 §1411-C. Authority
Status: in_force

The department is the designated state agency established as the sole state agency to provide rehabilitation services, including but not limited to vocational rehabilitation services, and to provide evaluation and vocational services for purposes of the federal Rehabilitation Act of 1973 and acts amendatory and additional to the federal Rehabilitation Act of 1973. The commissioner shall make those rules that the commissioner finds necessary and appropriate for the administration of a program of rehabilitation services and shall organize such a program within the department in a manner that is consistent with existing federal and state laws, rules and regulations. [PL 2015, c. 141, §7 (AMD).]
26 M.R.S. § 938 — ME Code / Title 26 / Chapter 9 / Section 938
26 §938. Advertising or soliciting for workers during strike or disturbance; exceptions; penalty
Status: in_force

If any employer, during the continuance of a strike among the employer's employees, or during the continuance of a lockout or other labor trouble among the employer's employees, publicly advertises in newspapers, or by posters or otherwise, for employees, or directly or through the employer's agents solicits persons to work for the employer to fill the places of strikers, the employer shall plainly and explicitly mention in the advertisements or oral or written solicitations that a strike, lockout or other labor disturbance exists. If any employee, during the continuance of a strike, lockout or other labor trouble, advertises for or solicits business for a competitor of the employer that is engaged in the labor dispute, the employee shall plainly and explicitly mention in the advertisement or oral or written solicitation that a strike, lockout or other labor disturbance exists. This section ceases to be operative if the board determines that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried on in the normal and usual manner and to the normal and usual extent. The board shall determine this question as soon as possible upon the application of the employer. Any person, firm, association or corporation that violates this section must be punished by a fine not less than $250 nor more than $500. [PL 2017, c. 475, Pt. A, §43 (AMD).]
26 M.R.S. § 591 — ME Code / Title 26 / Chapter 7 / Section 591
26 §591. Examination; definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings: [PL 1985, c. 112, §1 (AMD).]

1. Employee. "Employee" means every person who may be permitted, required or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment; [PL 1985, c. 112, §1 (AMD).]

2. Employer. "Employer" means an individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy and any common carrier by rail, motor, water, air or express company doing business in or operating within the State; and [PL 2011, c. 643, §3 (AMD); PL 2011, c. 643, §14 (AFF).]

3. Independent contractor. "Independent contractor" means an individual who qualifies as an independent contractor under section 1043, subsection 11, paragraph E . [PL 2011, c. 643, §4 (NEW); PL 2011, c. 643, §14 (AFF).]
26 M.R.S. § 847 — ME Code / Title 26 / Chapter 7 / Section 847
26 §847. Prohibited acts
Status: in_force

1. Unlawful interference or denial of rights. The employer may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by this subchapter. [PL 1987, c. 661 (NEW).]

2. Unlawful discrimination against exercise of rights. The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for exercising any right provided by this subchapter. [PL 1987, c. 661 (NEW).]

3. Unlawful discrimination against opposition. The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this subchapter. [PL 1987, c. 661 (NEW).]
26 M.R.S. § 1022 — ME Code / Title 26 / Chapter 12 / Section 1022
26 §1022. 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 1975, c. 603, §1 (NEW).]

1. Bargaining agent. [PL 1975, c. 671, §2 (RP).]

1-A. Academy. "Academy" means the Maine Maritime Academy and its activities and functions supervised by its board of trustees or their designee. In the furtherance of this chapter, the academy shall be considered as a single employer and employment relations, policies and practices throughout the academy shall be as consistent as practicable. It is the responsibility of the board of trustees of the academy or their designee to negotiate collective bargaining agreements and to administer such agreements. The board of trustees of the academy or their designee is responsible for the employer functions of the academy under this chapter and shall coordinate its collective bargaining activities. For purposes of consistency elsewhere in this chapter, references to the university shall be construed to include and to apply to the Maine Maritime Academy, its board of trustees, and its employees. [PL 1975, c. 671, §3 (NEW).]

1-B. Bargaining agent. "Bargaining agent" means any lawful organization, association or individual representative of such organization or association, which has as one of its primary purposes the representation of employees in their employment relations with employers and which has been certified by the Executive Director of the Maine Labor Relations Board. [PL 1975, c. 671, §3 (NEW).]

1-C. Community college. "Community college" means the Maine state community colleges and their activities and functions supervised by the Board of Trustees of the Maine Community College System or its designee. The employment relations, policies and practices throughout the community colleges shall be as consistent as possible. It is the responsibility of the board of trustees or its designee to negotiate collective bargaining agreements and administer these agreements. The board of trustees or its designee is responsible for employer functions of the community colleges under this chapter and shall coordinate its collective bargaining activities with campuses or units on matters of community college concern. In addition to its responsibilities to the public generally, the board of trustees shall have the specific responsibility of considering and representing the interests and welfare of the students in any negotiations under this chapter. A. [PL 1987, c. 816, Pt. R (RP).] [PL 1989, c. 443, §61 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

2. Board. "Board" means the Maine Labor Relations Board as defined in section 968, subsection 1 . [PL 1975, c. 671, §4 (AMD).]

3. Board of Trustees. "Board of Trustees" means the Board of Trustees of the University of Maine System, the Board of Trustees of the Maine Maritime Academy or the Board of Trustees of the Maine Community College System. [PL 1989, c. 443, §62 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

4. Classified employee. "Classified employee" means any employee not engaged in professional work as defined in subsection 7 . [PL 1975, c. 603, §1 (NEW).]

5. Cost items. "Cost items" means the provisions of a collective bargaining agreement which require specific funding. [PL 1975, c. 603, §1 (NEW).]

6. Executive Director. "Executive Director" means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2 . [PL 1975, c. 671, §5 (AMD).]

7. 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 1975, c. 603, §1 (NEW).] B. Involving the consistent exercise of discretion and judgment in its performance; [PL 1975, c. 603, §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 1975, c. 603, §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 1975, c. 603, §1 (NEW).] [PL 1975, c. 603, §1 (NEW).]

8. Regular employee. "Regular employee" means any professional or classified employee who occupies a position that exists on a continual basis. [PL 1975, c. 603, §1 (NEW).]

9. Supervisory employee. "Supervisory employee" means any employee whose principal work tasks are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, in applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards. [RR 2009, c. 2, §75 (COR).]

10. University. "University" means all campuses or units of the university, represented by the board of trustees or its designee. In the furtherance of this chapter, the university shall be considered as a single employer and employment relations, policies and practices throughout the university shall be as consistent as practicable. It is the responsibility of the board of trustees or its designee to negotiate collective bargaining agreements and to administer such agreements. The board of trustees or its designee is responsible for the employer functions of the university under this chapter and shall coordinate its collective bargaining activities with campuses or units on matters of university concern. In addition to its responsibilities to the public generally, the university shall have the specific responsibility of considering and representing the interests and welfare of the students in any negotiations under this chapter. [PL 1975, c. 721, §1 (AMD).]

11. University, academy or community college employee. "University, academy or community college employee" means any regular employee of the University of Maine System, the Maine Maritime Academy or the Maine Community College System performing services within a campus or unit, except any person: A. Appointed to office pursuant to law; [PL 1987, c. 402, Pt. A, §156 (RPR).] B. Appointed by the Board of Trustees as a vice-president, dean, director or member of the chancellor's, superintendent's or Maine Community College System executive director's immediate staff; or [PL 1989, c. 443, §63 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF); PL 2003, c. 76, §1 (AMD); PL 2003, c. 76, §4 (AFF).] C. Whose duties necessarily imply a confidential relationship with respect to matters subject to collective bargaining as between such person and the university, the academy or the Maine Community College System. [PL 1989, c. 443, §63 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF); PL 2003, c. 76, §1 (AMD); PL 2003, c. 76, §4 (AFF).] D. [PL 2003, c. 76, §1 (RP); PL 2003, c. 76, §4 (AFF).] [PL 1989, c. 443, §63 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF); PL 2003, c. 76, §1 (AMD); PL 2003, c. 76, §4 (AFF).]
26 M.R.S. § 353 — ME Code / Title 26 / Chapter 5 / Section 353
26 §353. Inspections
Status: in_force

For the purposes of this subchapter, the Commissioner of Labor or the commissioner's designee may, at any reasonable time and upon presentation of appropriate identification, enter and inspect a workplace. [PL 1987, c. 594, §1 (NEW).]
26 M.R.S. § 621-A — ME Code / Title 26 / Chapter 7 / Section 621-A
26 §621-A. Timely and full payment of wages
Status: in_force

1. Minimum frequency and full payment. At regular intervals not to exceed 16 days, every employer must pay in full all wages earned by each employee, except members of the family of the employer and salaried employees. Each payment must include all wages earned to within 8 days of the payment date. Payments that fall on a day when the business is regularly closed must be paid no later than the following business day. An employee who is absent from work at a time fixed for payment must be paid as if the employee was not absent. For purposes of this subsection, "members of the family of the employer" and "salaried employees" have the same meanings as described in section 663, subsection 3, paragraphs J and K , respectively. [PL 2023, c. 124, §1 (AMD).]

2. Regular payment required. Wages must be paid on an established day or date at regular intervals made known to the employee. The interval may not be increased without written notice to the employee at least 30 days in advance of the increase. [PL 2017, c. 219, §9 (AMD).]

3. Compensatory time agreements. Notwithstanding subsections 1 and 2 , public agency employers and employees may enter into compensatory time overtime agreements in accordance with the federal Fair Labor Standards Act, 29 United States Code, Section 207(o). These agreements are governed solely by federal law. For purposes of this subsection, "public agency" has the same meaning as in 29 United States Code, Section 203(x). [PL 1999, c. 790, Pt. P, §1 (NEW); PL 1999, c. 790, Pt. P, §3 (AFF).]

4. School personnel. Employees of a school administrative unit or a school in an unorganized territory operating under Title 20‑A, chapter 119 who work the school year schedule may, upon written agreement between the employees and the school administrative unit or school in an unorganized territory, be paid for their work during the school year over 12 months or a shorter period, as provided in the written agreement. For purposes of this subsection, "written agreement" includes but is not limited to a collective bargaining agreement. A school administrative unit or school in an unorganized territory shall provide a wage payment option to school personnel who are paid on an hourly basis that allows those employees to be paid for their work during the school year over 12 months or a shorter period. [PL 2021, c. 699, §1 (AMD); PL 2021, c. 699, §2 (AFF).]

5. Change in rate of pay. Payment of wages or salary must be made at the rate previously established by the employer, except that the employer may decrease the rate of pay, effective the next working day, if the employer gives notice to all affected employees prior to the change. When an employer has temporarily increased an employee's wage rate to comply with the prevailing wage requirements of chapter 15; the federal Davis-Bacon Act, 40 United States Code, Section 276a et seq.; or other applicable federal or state law, an employer need not provide advance notice prior to returning the employee to the employee's regular wage rate, as long as the employer is in compliance with all posting and notice provisions of the applicable law. Changes of rates of pay made under a collective bargaining agreement are exempt from this requirement. [PL 2023, c. 124, §2 (AMD).]

6. Volunteer firefighters. Notwithstanding subsection 1 , a municipal fire department may make payments owed to a volunteer firefighter at regular intervals not to exceed 6 months. For purposes of this subsection, "municipal fire department" has the same meaning as in Title 30‑A, section 3151, subsection 1 and "volunteer firefighter" has the same meaning as in Title 30‑A, section 3151, subsection 4 . [PL 2005, c. 126, §1 (NEW).]

7. Direct deposit of wages. An employer may not charge a fee for the payment of wages by means of direct deposit. For purposes of this section, "direct deposit" means the transfer of wages through electronic funds transfer directly into an employee's account in an accredited financial institution designated by the employee. [PL 2021, c. 158, §1 (NEW).]
26 M.R.S. § 639-A — ME Code / Title 26 / Chapter 7 / Section 639-A
26 §639-A. Minimum pay for reporting to work
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employee" has the same meaning as in section 663, subsection 3 , but does not include an individual employed in a seasonal industry as defined in section 1251, subsection 1 or an employee of a public employer, as defined in section 626 , who is covered by a collective bargaining agreement. [PL 2025, c. 418, §2 (NEW).] B. "Employer" means an employer, as defined in section 1043, subsection 9 , that employs at least 10 employees in the usual and regular course of business for more than 120 days in a calendar year. [PL 2025, c. 418, §2 (NEW).] [PL 2025, c. 418, §2 (NEW).]

2. Pay for reporting to work. On any day an employee reports to work at the request of an employer and the employer cancels or reduces the number of hours in an employee's scheduled shift, the employee must be paid the lesser of: A. Two hours of pay at the employee's regular hourly rate of pay; and [PL 2025, c. 418, §2 (NEW).] B. The total pay for the shift for which the employee was initially scheduled. [PL 2025, c. 418, §2 (NEW).] [PL 2025, c. 418, §2 (NEW).]

3. Notice. An employer that makes a documented good faith effort to notify an employee not to report to work is not liable to pay wages under subsection 2 . If the employee reports to work after the employer's attempt to notify the employee has been unsuccessful or if the employer is prevented from making notification for any reason, the employee shall perform whatever duties are assigned by the employer at the time the employee reports to work, as long as the employee is physically able to perform those duties. If the employer does not have any duties to assign to the employee, the employer shall pay the employee the wages under subsection 2 . [PL 2025, c. 418, §2 (NEW).]

4. Exception. The provisions of this section do not apply if an employee is not required to work or is unable to work due to: A. Adverse weather conditions; [PL 2025, c. 418, §2 (NEW).] B. A natural disaster or civil emergency; [PL 2025, c. 418, §2 (NEW).] C. An illness or medical condition of the employee; or [PL 2025, c. 418, §2 (NEW).] D. A workplace injury of the employee. [PL 2025, c. 418, §2 (NEW).] [PL 2025, c. 418, §2 (NEW).]

5. Rules. The Department of Labor may adopt rules to implement and enforce the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 418, §2 (NEW).]
26 M.R.S. § 1305 — ME Code / Title 26 / Chapter 15 / Section 1305
26 §1305. Policy declared
Status: in_force

It is declared to be the policy of the State that a wage of no less than the prevailing hourly rate of wages and benefits for work of a similar character in this State must be paid to all workers employed in the construction of public works or assisted projects. [PL 2021, c. 705, §4 (AMD).]
26 M.R.S. § 625-B — ME Code / Title 26 / Chapter 7 / Section 625-B
26 §625-B. Severance pay due to closing, substantial shutdown or relocation of a covered establishment
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following words have the following meanings. A. "Covered establishment" means any facility or part thereof that employs or has employed at any time in the preceding 12-month period 100 or more persons. [PL 2023, c. 52, §1 (AMD).] A-1. "Closing" means the permanent shutdown of operations at a covered establishment. A closing may occur due to relocation or termination of the employer's business. [PL 2023, c. 52, §2 (AMD).] B. "Director" means the Director of the Bureau of Labor Standards. [PL 1989, c. 502, Pt. A, §106 (AMD).] B-1. "Eligible employee" means any employee who: (1) Has been continuously employed at the covered establishment at the time of the closing or mass layoff for at least 3 years, including any period when the employee was on a leave of absence; (2) Has not been terminated for cause; and (3) Has not accepted employment at another or relocated establishment operated by the employer or remains employed at the covered establishment. "Eligible employee" includes an employee who has voluntarily quit employment at a covered establishment to take a new job within a 30-day period prior to the date set by the employer for a closing or mass layoff in an initial notice provided by the employer under state or federal law. [PL 2015, c. 417, §1 (NEW).] C. "Employer" means any person who directly or indirectly owns and operates a covered establishment. For purposes of this definition, a parent corporation is considered the indirect owner and operator of any covered establishment that is directly owned and operated by its corporate subsidiary. [PL 1989, c. 667, §1 (AMD); PL 1989, c. 667, §2 (AFF).] C-1. "Gross earnings" includes all pay for regular hours, shift differentials, premiums, overtime, floating holidays, holidays, funeral leave, jury duty pay, sick pay and vacation pay earned within the last 12 months prior to the closing or mass layoff. "Gross earnings" does not include payments made under a 3rd-party benefit program, such as disability payments. [PL 2015, c. 417, §1 (NEW).] C-2. "Mass layoff" means a reduction in workforce, not the result of a closing, that results in an employment loss at a covered establishment for at least 6 months of at least: (1) Thirty-three percent of the employees and at least 50 employees; or (2) Five hundred employees. [PL 2015, c. 417, §1 (NEW).] D. "Person" means any individual, group of individuals, partnership, corporation, association or any other entity. [PL 1979, c. 663, §157 (NEW).] E. "Physical calamity" means any calamity such as fire, flood or other natural disaster. [PL 2009, c. 305, §1 (AMD); PL 2009, c. 305, §5 (AFF).] F. "Relocation" means the removal of all or substantially all of operations in a covered establishment to a new location, within or without the State of Maine, 100 or more miles distant from its original location. [PL 2023, c. 52, §3 (AMD).] G. [PL 2015, c. 417, §1 (RP).] H. "Week's pay" means an amount equal to the employee's gross earnings during the 12 months previous to the date of closing or mass layoff as established by the director, divided by the number of weeks in which the employee received gross earnings during that 12-month period. [PL 2015, c. 417, §1 (AMD).] [PL 2023, c. 52, §§1-3 (AMD).]

2. Severance pay. Any employer who closes or engages in a mass layoff at a covered establishment is liable to eligible employees of the covered establishment for severance pay at the rate of one week's pay for each year, and partial pay for any partial year, from the last full month of employment by the employee in that establishment. The severance pay to eligible employees is in addition to any final wage payment to the employee and must be paid within one regular pay period after the employee's last full day of work, notwithstanding any other provisions of law. [PL 2015, c. 417, §1 (AMD).]

3. Mitigation of severance pay liability. There is no liability under this section for severance pay to an eligible employee if: A. Closing of or a mass layoff at a covered establishment is necessitated by a physical calamity or the final order of a federal, state or local government agency; [PL 2015, c. 417, §1 (AMD).] B. The employee is covered by, and has actually been paid under the terms of, an express contract providing for severance pay that is in an amount that is greater than the severance pay required by this section. An employer must demonstrate, to the satisfaction of the director, that the severance pay provided under the terms of an express contract provides a greater benefit to the employee than provided in this section; or [PL 2015, c. 417, §1 (AMD).] C. [PL 2015, c. 417, §1 (RP).] D. The employee has been employed by the employer for less than 3 years. [PL 2015, c. 417, §1 (AMD).] E. [PL 2015, c. 417, §1 (RP).] [PL 2015, c. 417, §1 (AMD).]

3-A. Bankruptcy proceedings. A covered establishment is not exempt from liability for severance pay under this section solely because it files a voluntary petition for bankruptcy protection under the provisions of Chapter 7 or Chapter 11 of the United States Bankruptcy Code, 11 United States Code, Section 101, et seq., or because an involuntary petition is commenced against it pursuant to 11 United States Code, Section 303. [PL 2015, c. 417, §1 (NEW).]

4. Suits by, or on behalf of, employees. Any employer who violates the provisions of this section is liable to the employee or employees affected in the amount of their unpaid severance pay. Action to recover the liability may be maintained against any employer in any state or federal court of competent jurisdiction by any one or more employees for and on behalf of that employee or those employees and any other employees similarly situated. Any labor organization may also maintain an action on behalf of its members. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant and costs of the action. [PL 2015, c. 417, §1 (AMD).]

5. Suits by the director. The director is authorized to supervise the payment of the unpaid severance pay owing to any employee under this section. The director may bring an action in any court of competent jurisdiction to recover the amount of any unpaid severance pay. The right provided by subsection 4 to bring an action by or on behalf of any employee, and of any employee to become a party plaintiff to any pending action brought and maintained under subsection 4 , terminates upon the filing of a complaint by the director in an action under this subsection, unless the action is dismissed without prejudice by the director. Any sums recovered by the director on behalf of an employee pursuant to this subsection must be held in a special deposit account and must be paid, on order of the director, directly to the employee affected. Any sums thus recovered not paid to an employee because of inability to do so within a period of 3 years must be paid over to the State of Maine. [PL 2015, c. 417, §1 (AMD).]

6. Notice of director. Any person proposing to relocate or close a covered establishment shall notify the director in writing not less than 90 days prior to the relocation or closing. A person initiating a mass layoff at a covered establishment shall notify the director as far in advance as practicable, and no later than within 7 days of the layoff, and shall report to the director the expected duration of the layoff and whether it is of indefinite or definite duration. The director shall, from time to time, but no less frequently than every 30 days, require the employer to report such facts as the director considers relevant to determine whether the mass layoff constitutes a closing under this section or whether there is a substantial reason to believe the affected employees will be recalled. A notification or report provided to the director pursuant to this subsection must contain all relevant information in the possession of the employer regarding a potential recall, if applicable. [PL 2019, c. 118, §1 (AMD).]

6-A. Notice to employees and municipality. A person proposing to close a covered establishment shall notify employees and the municipal officers of the municipality where the covered establishment is located in writing not less than 90 days prior to the closing, unless this notice requirement is waived by the director. [PL 2019, c. 118, §1 (AMD).]

7. Powers of director. In any investigation or proceeding under this section, the director has, in addition to all other powers granted by law, the authority to examine books and records of any employer affected by this section as set out in section 665, subsection 1 . [PL 2015, c. 417, §1 (AMD).]

8. Rules. The Department of Labor shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 417, §1 (AMD).]

9. Penalties. A person that violates subsection 2 commits a civil violation for which a fine of not more than $1,000 per violation may be adjudged. Each employee affected constitutes a separate violation. Any such fine may not be collected by the Department of Labor to the extent such collection prevents the violator from making all payments required under subsection 2 . A person that violates subsection 6 or subsection 6‑A commits a civil violation for which a fine of $500 per day may be adjudged, except that a fine may not be adjudged if the closing is necessitated by a physical calamity or the final order of a federal, state or local government agency, or if the failure to give notice is due to unforeseen circumstances. A fine imposed on a person that violates subsection 6‑A may not be collected by the Department of Labor to the extent such collection prevents the violator from making all payments required under subsection 2 . [PL 2019, c. 118, §2 (AMD).]

10. Mass layoff. [PL 2015, c. 417, §1 (RP).]
26 M.R.S. § 958 — ME Code / Title 26 / Chapter 9 / Section 958
26 §958. Vacation of award; grounds; rehearing
Status: in_force

In any of the following cases the Superior Court in and for the county wherein the award was made may make an order vacating the award upon the application of any party to the arbitration:

1. Corruption, fraud or undue means. Where the award was procured by corruption, fraud or undue means;

2. Partiality or corruption in arbitrators. Where there was obvious partiality or corruption in the arbitrators, or any of them;

3. Abuse of discretion by arbitrators. Where the arbitrators were guilty of abuse of discretion by which the rights of any party have been prejudiced; or

4. Arbitrators exceeded powers. Where the arbitrators exceeded their powers or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.

Where an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
26 M.R.S. § 2062 — ME Code / Title 26 / Chapter 26-A / Section 2062
26 §2062. Peer Support Projects
Status: in_force

1. Initiation of project. When 100 or more employees of a single employer are laid off, the department shall initiate a peer support project to assist the affected employees. The department may initiate a project when 50 or more employees are laid off if the bureau determines that a peer support project is warranted, after considering the particular needs of the affected workforce and the affected communities. [PL 1999, c. 506, §1 (NEW); PL 1999, c. 506, §3 (AFF).]

2. Employment and role of peer support workers. For each project, the department shall employ one or more peer support workers who must be displaced nonmanagerial employees from the affected workforce. The department shall attempt in all cases to hire one peer support worker for each 50 affected employees and to hire at least 2 peer support workers for each project. A peer support worker shall serve as a worker advocate and an information source connecting the affected workers and the State's workforce development programs. The peer support worker shall use the resources of local employment assistance programs as well as state programs. The department shall collaborate with employee representatives in hiring and overseeing peer support workers. The department shall ensure that peer support workers have an opportunity to receive training and to work as a team even if they are geographically dispersed. [PL 1999, c. 506, §1 (NEW); PL 1999, c. 506, §3 (AFF).]

3. Duration of project. The department shall determine the duration of each project, taking into consideration the size, scope and nature of the layoff and the period of time over which the layoffs occur. [PL 1999, c. 506, §1 (NEW); PL 1999, c. 506, §3 (AFF).]
26 M.R.S. § 954 — ME Code / Title 26 / Chapter 9 / Section 954
26 §954. Appointment of arbitrators or umpires
Status: in_force

If in the agreement provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method must be followed; but if a method is not provided, or if a method is provided and any party to the agreement fails to follow that method, or if for any other reason there is a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the agreement with the same force and effect as if the arbitrator or arbitrators or umpire had been specifically named in the agreement; and unless otherwise provided in the agreement, the arbitration must be by a single arbitrator. [RR 2023, c. 2, Pt. E, §46 (COR).]
26 M.R.S. § 61 — ME Code / Title 26 / Chapter 4 / Section 61
26 §61. Safety Education and Training Fund
Status: in_force

1. Fund established. To accomplish the objectives outlined in section 42‑A , there is established in the State Treasury a special fund, known as the Safety Education and Training Fund. The safety fund shall be administered by the commissioner. The department shall have authority over the safety fund and may do all things necessary or convenient in the administration of the safety fund and shall formulate and adopt rules, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 , governing its administration and maintenance, and perform all other functions which the laws of this State specifically authorize or which are necessary or appropriate. All money and securities in the safety fund shall be held in trust by the Treasurer of State for the purpose of funding the safety education and training program under section 42‑A and shall not be money or property for the general use of the State. The fund shall not lapse. The Treasurer of State shall notify the commissioner and the Legislature of interest credited and the balance of the safety fund as of June 30th of each year. [PL 1985, c. 372, Pt. A, §7 (NEW).]

1-A. Bureau of Insurance report. On or before July 1st of each year, the Bureau of Insurance shall provide to the commissioner the amounts of actual losses, excluding medical payments, paid by each workers' compensation individual self-insurer and workers' compensation group self-insurer during the previous calendar year. [PL 1997, c. 126, §6 (NEW).]

2. Source of funds. The commissioner or the commissioner's designee shall annually assess a levy based on actual annual workers' compensation paid losses, excluding medical payments, paid in the most recent calendar year for which data is available by employers under former Title 39 , the Workers' Compensation Act or Title 39‑A, Part 1 , the Maine Workers' Compensation Act of 1992. As soon as practicable after July 1st of each year, the commissioner or the commissioner's designee shall assess upon and collect from each insurance carrier licensed to do workers' compensation business in the State, and each group and individual self-insured employer authorized to make workers' compensation payments directly to their employees, a sum equal to that proportion of the current fiscal year's appropriation, exclusive of any federal funds, for the safety education and training program that the total workers' compensation benefits, exclusive of medical payments, paid by each licensed carrier or each group or individual self-insured employer, bear to the total of the benefits paid by all licensed carriers, and group and individual self-insured employers during the most recent calendar year for which data is available, except that the total amount levied annually may not exceed 1% of the total of the compensation benefits paid by all licensed carriers, and group and individual self-insured employers during the most recent calendar year for which data is available. A licensed carrier or group or individual self-insured must be assessed based on all benefits paid, exclusive of medical payments, during any year for which the carrier was licensed or the group or individual self-insured employer was authorized to make workers' compensation payments directly to their employees for any portion of the year. [PL 2013, c. 467, §2 (AMD).]

3. Notice of assessments. The Commissioner of Labor or the commissioner's designee shall send notice of the assessments to each licensed carrier and each group or individual self-insured employer. Payment of assessments must be received in an office of the Department of Labor designated by the commissioner before a date specified in the notice, but not more than 90 days after the date of the notice. The department may, through the rules governing this section, assess penalties for late payment. Such penalties may not exceed 6% per year. [PL 2023, c. 12, §1 (AMD).]

4. Assessments constitute element of loss. The levy assessment constitutes an element of loss for the purpose of establishing rates for workers' compensation insurance. Funds derived from this levy must be deposited in the safety fund and must be appropriated by the Legislature for the operation of this program. [PL 1993, c. 52, §2 (AMD).]

5. Violations. Any insurance company, group self-insured association or self-insured employer subject to this section that willfully fails to pay an assessment in accordance with this section commits a civil violation for which a forfeiture of not more than $500 may be adjudged for each day payment is not made following the due date. [PL 1993, c. 52, §3 (NEW).]
26 M.R.S. § 1224 — ME Code / Title 26 / Chapter 13 / Section 1224
26 §1224. Exempt employers to report on accrued wages
Status: in_force

All employers, exempt from the weekly payment of wage law of this State, may be required to report to the commissioner all accrued wages payable for employment during the calendar quarter when filing payroll reports in accordance with section 1082, subsection 13 under such regulations as the commission may prescribe. Nothing in this section shall be construed to make contributions due and payable on any part of such reported wages which have not actually been paid, but wages so reported shall be deemed to be wages paid for unemployment benefit purposes. [PL 1979, c. 651, §33 (AMD).]
26 M.R.S. § 1037 — ME Code / Title 26 / Chapter 12 / Section 1037
26 §1037. Bargaining agent access
Status: in_force

1. Bargaining agent access to employees. The university, academy or community college shall provide to a bargaining agent access to members of the bargaining unit that the bargaining agent exclusively represents. Access must include, but is not limited to, the following: A. The right to meet with individual employees on the premises of the university's, academy's or community college's workplace during the work day to investigate and discuss grievances, workplace‑related complaints and other workplace issues; [PL 2019, c. 389, §3 (NEW).] B. The right to conduct workplace meetings during lunch and other breaks, and before and after the work day, on the university's, academy's or community college's premises to discuss workplace issues, collective bargaining negotiations, the administration of collective bargaining agreements and other matters related to the duties of a bargaining agent and internal bargaining agent matters involving the governance or the business of the bargaining agent; [PL 2019, c. 389, §3 (NEW).] C. The right to meet with newly hired employees, without charge to the pay or leave time of the employees, for a minimum of 30 minutes or for an amount of time agreed upon by all parties, not later than 10 calendar days after receipt of the information provided pursuant to subsection 2 , during new employee orientations or, if the university, academy or community college does not conduct new employee orientations, at individual or group meetings; and [PL 2019, c. 389, §3 (NEW).] D. The right to use the e‑mail system of the university, academy or community college to communicate with bargaining unit members regarding official bargaining agent matters including, but not limited to, elections, meetings and social activities, as long as the use of the e‑mail system does not create an unreasonable burden on the university's, academy's or community college's network capabilities or system administration. [PL 2019, c. 389, §3 (NEW).] [PL 2019, c. 389, §3 (NEW).]

2. Bargaining agent access to employee information. The university, academy or community college shall provide to a bargaining agent access to information about members of the bargaining unit that the bargaining agent exclusively represents, as follows. A. The university, academy or community college shall provide the following information regarding newly hired university, academy or community college employees and, upon request, regarding all other university, academy or community college employees to a bargaining agent in spreadsheet file format or another format agreed to by the bargaining agent: (1) Name; (2) Job title; (3) Workplace location; (4) Home address; (5) Work telephone numbers; (6) Home telephone and personal cellular telephone numbers, if known; (7) Work e‑mail address; (8) Personal e‑mail address, if known; and (9) Date of hire. For information regarding newly hired university, academy or community college employees, the employer shall provide the information required under this paragraph not later than 30 calendar days after the date a prospective university, academy or community college employee accepts an offer of employment or not later than 30 calendar days after the date of hire for all university, academy or community college employees. At the request of the bargaining agent, but not more than quarterly, the public employer shall provide the required information for all other university, academy or community college employees in the bargaining unit within 30 calendar days. [PL 2023, c. 467, §5 (AMD).] B. The following are not public records as defined in Title 1, section 402, subsection 3 and are confidential and may not be disclosed by the university, academy or community college, except as provided in paragraph A : (1) Home addresses, home or personal telephone numbers, personal e‑mail addresses and dates of birth of employees; (2) Names of employees within a bargaining unit; and (3) Communications between a bargaining agent and its members. [PL 2019, c. 389, §3 (NEW).] This subsection is subject to the dispute resolution process specified in an applicable collective bargaining agreement for a public employee. [PL 2023, c. 467, §§5, 6 (AMD).]

3. Bargaining agent access to university, academy or community college buildings and facilities. The bargaining agent has the right to use university, academy and community college buildings and other facilities that are owned or leased by the university, academy or community college to conduct meetings with bargaining unit members regarding bargaining negotiations, the administration of collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues and internal matters involving the governance or business of the bargaining agent, as long as that use does not interfere with operations. A bargaining agent conducting a meeting in a university, academy or community college building or facility pursuant to this section may be charged for maintenance, security and other costs related to the use of the university, academy or community college building or facility that would not otherwise be incurred by the university, academy or community college. [PL 2019, c. 389, §3 (NEW).]

4. Employee may opt out. After an initial meeting pursuant to subsection 1, paragraph C , an employee may opt out of receiving any further communications from a bargaining agent or allowing a bargaining agent to have any further access to that employee's information described in subsection 2, paragraph A , except for communications related to direct representation of that employee by a bargaining agent. [PL 2019, c. 389, §3 (NEW).]

5. Selling or sharing nonmember data prohibited. A bargaining agent may not sell or share the information provided in accordance with subsection 2, paragraph A of an employee who is not a member of an employee organization except for the purpose of fulfilling the agent's collective bargaining obligations. [PL 2019, c. 389, §3 (NEW).]

Nothing in this section may be construed to limit the terms of a collective bargaining agreement that provide a bargaining agent with greater rights of access to employees than the rights established by this section. [PL 2019, c. 389, §3 (NEW).]
26 M.R.S. § 1402 — ME Code / Title 26 / Chapter 19 / Section 1402
26 §1402. Debarment from state contracts
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meaning. A. "Repeated violation" means a violation of any legal requirement under the United States Code, Title 29, Chapter 15, where a previous violation of the same requirement was found which involved a substantially similar hazard. [PL 1999, c. 57, Pt. B, §6 (AMD).] B. "Serious violation" means a violation where there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in that place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. [PL 1983, c. 486 (NEW).] C. "Willful violation" means a violation committed intentionally or knowingly with an intentional disregard of, or plain indifference to, legal requirements under the United States Code, Title 29, Chapter 15. [PL 1999, c. 57, Pt. B, §6 (AMD).] [PL 1999, c. 57, Pt. B, §6 (AMD).]

2. Debarment. The Department of Labor shall, after hearing, debar from participation in state contracts for 2 years any person, partnership, corporation or other public or private entity found to have committed a serious, willful violation or serious, repeated violations of a standard under the United States Occupational Safety and Health Act of 1970, United States Code, Title 29, Chapter 15, and either the time for filing an appeal of the determination of that violation has expired or the appeals process has been exhausted. [PL 1999, c. 57, Pt. B, §7 (AMD).]

The department may make an exception to this section if the condition giving rise to the violation has been abated. [PL 1983, c. 486 (NEW).]
26 M.R.S. § 600-B — ME Code / Title 26 / Chapter 7 / Section 600-B
26 §600-B. Adverse action against employee concerning certain religious or political matters prohibited
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change rules or regulations, proposals to change public policy and the decision to join or support any political party or political, civic, community, fraternal or labor organization. [PL 2023, c. 414, §1 (NEW).] B. "Religious employer" means a church or convention or association of churches or an organization that is operated primarily for religious purposes and that is operated, supervised, controlled or principally supported by a church or convention or association of churches. [PL 2023, c. 414, §1 (NEW).] C. "Religious matters" means matters relating to religious belief, affiliation and practice and the decision to join or support any religious organization or association. [PL 2023, c. 414, §1 (NEW).] [PL 2023, c. 414, §1 (NEW).]

2. Adverse action prohibited. An employer or the employer's agent, representative or designee may not discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize or take any adverse employment action against an employee because: A. The employee declines to attend or participate in an employer-sponsored meeting, or any portion of such a meeting, that communicates the opinion of the employer about religious or political matters; [PL 2023, c. 414, §1 (NEW).] B. The employee declines to receive or listen to a communication from the employer or the agent, representative or designee of the employer, or any portion of such a communication, that communicates the opinion of the employer about religious or political matters; or [PL 2023, c. 414, §1 (NEW).] C. The employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of this section. [PL 2023, c. 414, §1 (NEW).] [PL 2023, c. 414, §1 (NEW).]

3. Enforcement. An aggrieved employee may bring a civil action to enforce this section no later than 90 days after the date of the alleged violation in the Superior Court for the county where the violation is alleged to have occurred or where the principal office of the employer is located. The court may award a prevailing employee all appropriate relief, including injunctive relief, reinstatement to the employee's former position or an equivalent position, back pay and reestablishment of any employee benefits, including seniority, to which the employee would otherwise have been eligible if the violation had not occurred and any other appropriate relief as considered necessary by the court. [PL 2023, c. 414, §1 (NEW).]

4. Notice. Within 30 days after the effective date of this section, an employer subject to this section shall post and keep posted a notice of employee rights under this section where employee notices are customarily placed. [PL 2023, c. 414, §1 (NEW).]

5. Communications and rights not affected. This section does not: A. Prohibit communications of information that the employer is required by law to communicate, but only to the extent of the lawful requirement; [PL 2023, c. 414, §1 (NEW).] B. Limit the rights of an employer or its agent, representative or designee to conduct meetings involving religious matters or political matters as long as attendance is wholly voluntary or to engage in communications as long as receipt or listening is wholly voluntary; or [PL 2023, c. 414, §1 (NEW).] C. Limit the rights of an employer or its agent, representative or designee from communicating to its employees any information that is necessary for such employees to perform their lawfully required job duties. [PL 2023, c. 414, §1 (NEW).] [PL 2023, c. 414, §1 (NEW).]

6. Exemption. This section does not apply to a religious employer. [PL 2023, c. 414, §1 (NEW).]
26 M.R.S. § 850-F — ME Code / Title 26 / Chapter 7 / Section 850-F
26 §850-F. Premiums
Status: in_force

1. Authorized. Payroll premiums must be paid in order to finance the payment of family leave benefits and medical leave benefits under this subchapter and administration of the program. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Employer to remit employer contribution reports and premiums. Beginning January 1, 2025, for each employee, an employer shall remit employer contribution reports and premiums in the form and manner determined by the administrator. Employer contribution reports and premiums must be remitted quarterly. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Premium amount. The following provisions govern the premium amount. A. Beginning January 1, 2025, the premium amount may not be more than a combined rate of 1.0% of wages. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Annually, for the 2028 calendar year and each calendar year thereafter, not later than October 1st, the department shall set the premium for the coming calendar year based on a percentage of employee wages and at the rate necessary to obtain a total amount of premium contributions 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 , plus an amount equal to 100% of the cost of administration of the payment of those benefits during the previous fiscal year, less the amount of net assets remaining in the fund as of June 30th of the current calendar year. If, for the 2028 calendar year or any calendar year thereafter, the premium rate adjustment pursuant to this subsection is an increase and results in the difference between the rate of the upcoming calendar year and the current calendar year equaling more than 0.1% of wages paid, the department shall submit a report regarding fund solvency and factors contributing to rate setting to the joint standing committee of the Legislature having jurisdiction over labor matters. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Self-employed individuals. The following provisions govern self-employed individuals. A. A self-employed individual who elects coverage under section 850‑G shall pay up to 50% of the premium required by subsection 3 on that individual's income from self-employment. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. A self-employed individual who elects coverage under section 850‑G shall remit the premium amount required by this subsection directly to the administrator, in the form and manner required by the commissioner by rule. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

5. Employers. The following provisions govern employers. A. An employer with 15 or more employees may deduct up to 50% of the premium required for an employee by subsection 3 from that employee's wages and shall remit 100% of the combined premium contribution required by subsection 3 to the fund. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. An employer with fewer than 15 employees may deduct up to 50% of the premium required for an employee by subsection 3 from that employee's wages and shall remit 50% of the premium required by subsection 3 to the fund. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

6. Limit on wages to determine premiums. Premiums are required up to the contribution and benefit base limit established annually by the federal Social Security Administration for purposes of the federal Old-Age, Survivors, and Disability Insurance program limits pursuant to 42 United States Code, Section 430. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

7. Use. The premiums collected under this subchapter must be used exclusively for the payment of family leave benefits and medical leave benefits and the costs of administration of the program. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

8. Approved private plan. An employer with an approved private plan under section 850‑H is not required to remit premiums under this section to the fund. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

9. Failure or refusal to make premium contributions. An employer that fails or refuses to make premium contributions as required in this section must be assessed 1.0% of its total annual payroll for each year it so failed to comply in addition to any amounts previously owed, or fraction thereof, in addition to the total amount of family leave benefits and medical leave benefits paid to covered individuals for whom it failed to make premium contributions. The rate of assessment imposed by this subsection must be adjusted annually consistent with subsection 3, paragraph B . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

10. Self-employed individual who elects coverage and fails or refuses to make premium contributions. A self-employed individual who elects coverage under section 850‑G and who fails or refuses to make premium contributions for at least 2 quarters as required in this section may be disqualified from family leave benefits and medical leave benefits. The self-employed individual's disqualification terminates upon: A. The self-employed individual's remittance of all previously owed premium contributions as required in this section; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Following remittance as required by paragraph A , the self-employed individual's remittance of premium contributions as required in this section for an additional number of quarters equivalent to the number of quarters for which the self-employed individual failed or refused to make premium contributions. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

11. Enforcement to collect delinquent premium contributions, penalties and assessments. If an employer fails to make a payment in whole or in part of premium contributions, including penalties or assessments imposed, and the employer has exhausted all rights to an appeal, the department may enforce collection by: A. Filing a civil action to collect unpaid premium contributions, penalties and assessments in the name of the commissioner, and the employer may be ordered to pay the costs of that action; and [PL 2025, c. 277, §3 (NEW).] B. Collecting by levy on a 3rd party that has possession or control of property in which the employer may have an interest the amount owed to the department for delinquent premium contributions, penalties and assessments consistent with section 1233 . [PL 2025, c. 277, §3 (NEW).] [PL 2025, c. 277, §3 (NEW).]

12. Liability of successor for delinquent premium contributions, penalties and assessments. An individual or organization that acquires an employer's organization, trade or business or a substantial part of the assets of that organization, trade or business is liable to the department for any premium contributions, penalties and assessments unpaid by the employer in the amount owed. The individual's or organization's liability under this subsection may not exceed the reasonable value of the organization, trade or business or assets acquired. Upon written request, the department shall provide the successor individual or organization with information about the amount owed and other information as determined necessary. [PL 2025, c. 277, §4 (NEW).]
26 M.R.S. § 831 — ME Code / Title 26 / Chapter 7 / Section 831
26 §831. Short title (REALLOCATED FROM TITLE 26, SECTION 821)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 821)

This subchapter may be cited as the "Whistleblowers' Protection Act." [PL 1983, c. 583, §15 (RAL).]
26 M.R.S. § 597 — ME Code / Title 26 / Chapter 7 / Section 597
26 §597. Conditions of employment
Status: in_force

An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of that employment or otherwise discriminate against any person with respect to the person's compensation, terms, conditions or privileges of employment for using tobacco products outside the course of employment as long as the employee complies with any workplace policy concerning use of tobacco. This section does not prohibit an employer or an agent of an employer from offering a voluntary wellness program that offers incentives for the cessation of use of tobacco products in compliance with applicable federal regulations. [PL 2017, c. 219, §6 (AMD).]
26 M.R.S. § 1412-E — ME Code / Title 26 / Chapter 19 / Section 1412-E
26 §1412-E. Rules
Status: in_force

The department is authorized to establish rules required for the proper administration of a vocational rehabilitation program under the federal Rehabilitation Act of 1973 and acts amendatory and additional to the federal Rehabilitation Act of 1973. These rules must include procedures for ensuring access to records by the protection and advocacy agencies designated under Title 5, Part 24 pursuant to an investigation of alleged rights violations. [PL 2015, c. 141, §14 (AMD).]
26 M.R.S. § 814 — ME Code / Title 26 / Chapter 7 / Section 814
26 §814. Family military leave
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Deployed for military service" or "deployment" means active military duty with the state military forces, as defined in Title 37‑B, section 102 , or the United States Armed Forces, including the National Guard and Reserves, whether pursuant to orders of the Governor or the President of the United States, when the duty assignment is in a combat theater or in an area where armed conflict is taking place. [PL 2005, c. 523, §2 (NEW).] B. "Employee" means any person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment and who has been employed by the same employer for at least 12 months and has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the employee's family military leave. [PL 2007, c. 388, §1 (AMD).] C. "Employee benefits" means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer. [PL 2005, c. 523, §2 (NEW).] D. "Employer" means: (1) Any person, partnership, corporation, association or other business entity; and (2) The State, a county, a municipality or any political subdivision. [PL 2005, c. 523, §2 (NEW).] E. "Family military leave" means leave requested by an employee who is the spouse, domestic partner or parent of a person who is a resident of the State and is deployed for military service for a period lasting longer than 180 days with the State or United States pursuant to the orders of the Governor or the President of the United States. [PL 2005, c. 523, §2 (NEW).] [PL 2007, c. 388, §1 (AMD).]

2. Family military leave requirement. Subject to the requirements of subsection 3 , an employer that employs 15 or more employees shall provide each eligible employee up to 15 days of family military leave per deployment, if requested by the employee. Family military leave under this subsection may be taken only during one or more of the following time frames: A. The 15 days immediately prior to deployment; [PL 2007, c. 388, §2 (NEW).] B. Deployment, if the military member is granted leave; or [PL 2007, c. 388, §2 (NEW).] C. The 15 days immediately following the period of deployment. [PL 2007, c. 388, §2 (NEW).] Family military leave granted under this section may consist of unpaid leave. [PL 2007, c. 388, §2 (RPR).]

3. Notice requirements. An employee taking family military leave under this section is subject to the following. A. The employee must give at least 14 days' notice of the intended date upon which the family military leave will commence if leave will consist of 5 or more consecutive work days. [PL 2005, c. 523, §2 (NEW).] B. An employee taking family military leave for fewer than 5 consecutive work days must give the employer advance notice as is practicable. [PL 2005, c. 523, §2 (NEW).] C. The employee shall consult with the employer to attempt to schedule the leave so as to not unduly disrupt the operations of the employer. [PL 2005, c. 523, §2 (NEW).] [PL 2005, c. 523, §2 (NEW).]

4. Certification. An employer may require certification from the proper military authority to verify an employee's eligibility for the family military leave requested pursuant to this section. [PL 2005, c. 523, §2 (NEW).]

5. Restoration to position. An employee who exercises the right to family military leave under this section is entitled, upon expiration of the leave, to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This subsection does not apply if the employer proves that the employee was not restored as provided in this subsection because of conditions unrelated to the employee's exercise of rights under this section. [PL 2005, c. 523, §2 (NEW).]

6. Employee benefits protection. An employer shall make it possible for an employee to continue employee benefits at the employee's expense during any family military leave taken under this section. The employer and employee may negotiate for the employer to maintain employee benefits at the employer's expense for the duration of the leave. A. Taking family military leave under this section does not result in the loss of any employee benefit accrued before the date on which the leave commenced. [PL 2005, c. 523, §2 (NEW).] B. Nothing in this section may be construed to affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this section. [PL 2005, c. 523, §2 (NEW).] C. The family military leave rights provided under this section may not be diminished by any collective bargaining agreement or employee benefit plan. [PL 2005, c. 523, §2 (NEW).] D. Nothing in this section may be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered under this section. [PL 2005, c. 523, §2 (NEW).] [PL 2005, c. 523, §2 (NEW).]

7. Prohibited acts. An employer may not: A. Interfere with, restrain or deny the exercise or the attempt to exercise any right provided under this section; [PL 2005, c. 523, §2 (NEW).] B. Discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee who exercises any right provided under this section; or [PL 2005, c. 523, §2 (NEW).] C. Discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this section. [PL 2005, c. 523, §2 (NEW).] [PL 2005, c. 523, §2 (NEW).]

8. Enforcement. An employee may bring a civil action in Superior Court to enforce this section. The court may enjoin any act or practice that violates or may violate this section and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this section. [PL 2005, c. 523, §2 (NEW).]
26 M.R.S. § 1419-A — ME Code / Title 26 / Chapter 19 / Section 1419-A
26 §1419-A. Specialized customer communications equipment for persons with disabilities
Status: in_force

1. Money for specialized customer telecommunications equipment. [PL 2003, c. 553, Pt. A, §3 (RP).]

2. Communications Equipment Fund. There is established the Communications Equipment Fund to be used by the Division for the Deaf, Hard of Hearing and Late Deafened within the Bureau of Rehabilitation Services. The fund is nonlapsing. The fund receives money transferred by the Public Utilities Commission from the universal service fund pursuant to Title 35‑A, section 7104 . The Division for the Deaf, Hard of Hearing and Late Deafened may accept gifts or grants, including, but not limited to, federal grants, for the purposes of this section. Funds transferred from the universal service fund pursuant to Title 35‑A, section 7104 and all gifts and grants and authorized appropriations must be deposited in the Communications Equipment Fund and disbursed in accordance with this section. The Communications Equipment Fund may be used for purchase, lease, distribution, upgrading, installation, maintenance and repair of specialized customer communications equipment for deaf, hard-of-hearing, late-deafened or speech-impaired persons and persons with disabilities, for training in the use of such equipment and for administrative costs associated with these uses of the fund. The Division for the Deaf, Hard of Hearing and Late Deafened may draw on the Communications Equipment Fund in accordance with the communications equipment plan required under subsection 3. [PL 2019, c. 343, Pt. UUU, §2 (AMD).]

3. Communications equipment plan. The Division for the Deaf, Hard of Hearing and Late Deafened shall develop a plan to make specialized customer communications equipment available to deaf, hard-of-hearing, late-deafened or speech-impaired persons and persons with disabilities and to distribute money from the Communications Equipment Fund. The plan must be developed by the Division for the Deaf, Hard of Hearing and Late Deafened annually, not later than January 1st, in accordance with the rule-making procedures in Title 5, chapter 375 . The plan must provide for the expenditure of money from the Communications Equipment Fund for the benefit of deaf, hard-of-hearing, late-deafened or speech-impaired persons and persons with disabilities for the purchase, lease, distribution, upgrading, installation, maintenance and repair of specialized customer communications equipment capable of serving their needs and may provide for expenditures for training in the use of such equipment. Persons who are profoundly deaf or speech-impaired or who have a disability so that they are unable to use the telephone for expressive or receptive communications, as verified by a written report from an otologist, an audiologist or a physician, are eligible for assistance from the Communications Equipment Fund. The plan must ensure that persons with disabilities have access to appropriate specialized customer communications equipment to meet their individual needs. The plan must include specific criteria that govern the priorities assigned to various persons who need this equipment. The criteria must take into account household income, degree of impairment, need for emergency communications, living arrangements and other factors determined relevant by the Division for the Deaf, Hard of Hearing and Late Deafened. In developing the criteria, the Division for the Deaf, Hard of Hearing and Late Deafened shall consult with the commission and advisory councils representing the interests of persons with disabilities. [PL 2009, c. 174, §21 (AMD).]

4. Specialized customer communications equipment needs in public school system. The Department of Education, in consultation with the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and advocacy groups for deaf, hard-of-hearing and late-deafened persons and for the information technology interests of consumers, shall conduct an annual survey of all public schools in the State for the purpose of assessing the need for specialized customer communications equipment in the school system and report its findings to the joint standing committee of the Legislature having jurisdiction over labor matters. The report must include: the number of deaf, hard-of-hearing and late-deafened students and their needs for specialized customer communications equipment; the availability of specialized customer communications equipment; the number of requests for specialized customer communications equipment; and the status of training for teachers and other school personnel in the use of specialized customer communications equipment. [PL 2009, c. 174, §21 (AMD).]

5. Assessment on telecommunications carriers. [PL 2003, c. 553, Pt. A, §3 (RP).]

6. Emergency alert telecommunications service. [PL 2019, c. 343, Pt. UUU, §3 (RP).]
26 M.R.S. § 1310 — ME Code / Title 26 / Chapter 15 / Section 1310
26 §1310. Wage and benefits rates to be kept posted
Status: in_force

A clearly legible statement of all fair minimum wage and benefits rates to be paid the several classes of laborers, workers and mechanics employed on the construction on the public work must be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor subject to sections 1304 to 1313 . [PL 1997, c. 757, §8 (AMD).]
26 M.R.S. § 3213 — ME Code / Title 26 / Chapter 37 / Section 3213
26 §3213. Preapprenticeship training programs
Status: in_force

1. Application; eligibility. A sponsor may apply with the Maine Apprenticeship Program for review and certification of a preapprenticeship training program. [PL 2021, c. 705, §12 (NEW).]

2. Eligibility. To be eligible for certification, a preapprenticeship training program must: A. Meet the requirements of this section and any rules adopted by the department under this section; [PL 2021, c. 705, §12 (NEW).] B. Have a documented outreach plan to increase registered apprenticeship opportunities for underrepresented, disadvantaged or low-skilled individuals and members of historically marginalized communities; [PL 2021, c. 705, §12 (NEW).] C. Conform to standards identified by the United States Department of Labor for a quality framework for preapprenticeship; [PL 2021, c. 705, §12 (NEW).] D. Comply with state and federal law regarding equal employment opportunity in apprenticeship and training; [PL 2021, c. 705, §12 (NEW).] E. Have a training program and curriculum based on industry standards and approved by the Maine Apprenticeship Program, upon recommendation by the Maine Apprenticeship Council, that will prepare individuals with the skills and competencies needed to enter a registered apprenticeship program; [PL 2021, c. 705, §12 (NEW).] F. Have supervised hands-on training and workplace safety training; and [PL 2021, c. 705, §12 (NEW).] G. Have a formalized agreement with a registered apprenticeship sponsor that enables preapprenticeship graduates to enter directly into a registered apprenticeship program and includes articulation agreements for earning credit for skills and competencies already acquired. [PL 2021, c. 705, §12 (NEW).] [PL 2021, c. 705, §12 (NEW).]

3. Certification. The Maine Apprenticeship Program shall review an application for certification of a preapprenticeship training program and shall give a preapprenticeship training program that meets the standards for certification a provisional certification for a period of one year. The Maine Apprenticeship Program shall review a preapprenticeship training program for quality and conformity with the requirements of this section at the end of the first year after certification. A program that conforms to the requirements may have its provisional certification made permanent or may continue to be provisionally certified through the first full training cycle. [PL 2021, c. 705, §12 (NEW).]

4. Evaluation. The Maine Apprenticeship Program shall evaluate the performance of a certified preapprenticeship training program. The evaluation must include: A. An assessment of the preapprenticeship training program's educational content; [PL 2021, c. 705, §12 (NEW).] B. A review of the preapprenticeship training program's compliance with state and federal law regarding equal employment opportunity in apprenticeship and training; [PL 2021, c. 705, §12 (NEW).] C. A review of the preapprenticeship training program's efforts to achieve equity goals for recruitment and training of preapprentices from historically marginalized communities; and [PL 2021, c. 705, §12 (NEW).] D. A summary of completion rates and rates of enrollment in and graduation from registered apprenticeship programs following completion of the preapprenticeship training program. [PL 2021, c. 705, §12 (NEW).] [PL 2021, c. 705, §12 (NEW).]

5. Decertification. The Maine Apprenticeship Program may decertify a preapprenticeship training program upon a finding of reasonable cause or by request of the program. [PL 2021, c. 705, §12 (NEW).]

6. Funding. As funds are available, the Maine Apprenticeship Program, through the department and in consultation with the Maine Apprenticeship Council, as considered appropriate and permissible by the department, shall make available grants to support certified preapprenticeship training programs under this section. A certified preapprenticeship training program shall use the grants to provide meaningful support and stipends to facilitate enrollment and participation in the program. Support may include funding for child care, transportation, training materials, membership fees and costs, tools and personal protective equipment and reimbursement of other expenses that may be incurred by an individual to facilitate the individual's attendance and participation in the certified preapprenticeship training program; funding for assistance to address obstacles to and to identify and access services necessary for successful participation in the certified preapprenticeship training program; and funding for facilitating an individual's readiness to commence on-the-job learning in a registered apprenticeship program. Stipends may include cash payments. In allocating grants among certified preapprenticeship training programs, the Maine Apprenticeship Program shall allocate at least 51% of total grant funding to support certified preapprenticeship training programs that have: A. Demonstrated successful engagement and enrollment of and completion by individuals from historically marginalized communities and successful placement and enrollment of and completion by individuals from historically marginalized communities in registered apprenticeship programs; [PL 2025, c. 306, §1 (NEW).] B. Consistently placed individuals in registered apprenticeship programs that result in a total package value of no less than $35 per hour upon graduation from the registered apprenticeship program, based on Maine Apprenticeship Program evaluations as required pursuant to section 3204, subsection 2 . On January 15, 2026 and each January 15th thereafter, the minimum total package value amount under this paragraph must be increased by the increase, if any, in the cost of living. The increase in the cost of living is measured by the percentage increase, if any, as of August of the previous year over the level as of August of the year preceding that year in the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast Region, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics or its successor agency, with the amount of the minimum total package value increase rounded to the nearest multiple of 5¢; and [PL 2025, c. 306, §1 (NEW).] C. Demonstrated the provision of strong, comprehensive support services essential to ensure success, either through the use of funds provided under this subsection or through workforce funds provided by a different source. [PL 2025, c. 306, §1 (NEW).] Certified preapprenticeship training programs that cannot produce proof that graduates are employed in the field of their preapprenticeship after a period of 6 months following successful completion of their certified preapprenticeship training program or are represented by a labor organization are ineligible for grants under this subsection. Funding for grants to support preapprenticeship training programs must be awarded to certified preapprenticeship training programs with strong direct entry links with registered apprenticeship programs through a competitive process administered by the department through the Maine Apprenticeship Program and to certified preapprenticeship training programs that train individuals for priority sectors for high-wage, in-demand jobs. Funding for grants to support certified preapprenticeship training programs may also be used for program development, support and staffing for grantees. [PL 2025, c. 306, §1 (AMD).]

7. Rulemaking. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A to implement the provisions of this section. [PL 2021, c. 705, §12 (NEW).]
26 M.R.S. § 1411-E — ME Code / Title 26 / Chapter 19 / Section 1411-E
26 §1411-E. Acceptance of federal provisions
Status: in_force

The department shall cooperate with the Federal Government in carrying out the purposes of federal statutes pertaining to vocational rehabilitation and is authorized to adopt methods of administration found by the Federal Government to be necessary for the proper and efficient operation of agreements or other conditions as necessary to secure the full benefits of the federal statutes to the State and its residents. [PL 1995, c. 560, Pt. F, §13 (NEW).]

The department is authorized, subject to the approval of the Governor, to: [PL 1995, c. 560, Pt. F, §13 (NEW).]

1. Apply for assistance. Apply for federal assistance under the federal Rehabilitation Act of 1973 and acts amendatory and additional to the federal Rehabilitation Act of 1973, and to comply with conditions, not inconsistent with this article, that are required for such assistance; and [PL 2015, c. 141, §10 (AMD).]

2. Perform for Federal Government. Perform functions and services for the Federal Government in addition to those provided for in this section. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 936 — ME Code / Title 26 / Chapter 9 / Section 936
26 §936. Submission to arbitration; decision
Status: in_force

If the case cannot be settled through the process of conciliation, the interested parties may jointly submit the case to arbitration by filing an arbitration application with the Executive Director of the Maine Labor Relations Board. [PL 1985, c. 294, §§ 2, 3 (NEW).]

The chair of the board shall immediately, after the filing, give notice of the time and place of the hearing to both parties. [RR 2023, c. 2, Pt. E, §44 (COR).]
26 M.R.S. § 850-J — ME Code / Title 26 / Chapter 7 / Section 850-J
26 §850-J. Employer requirements; return to work from family or medical leave
Status: in_force

1. Restoration to position upon return to work. Except for an employee who has not been employed for at least 120 days, an employee who exercises the right to family leave or medical leave under this subchapter is entitled, upon return from that leave, to be restored by the employer to the position held by the employee when the leave commenced or to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Retaliation prohibited. An employer may not discharge, fire, suspend, expel or discipline, through the application of attendance policies or otherwise, or threaten or in any manner discriminate against an employee for the exercise of any right to which the employee is entitled under this subchapter or with the purpose of interfering with the exercise of any right to which the employee is entitled under this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Enforcement; violation. The department shall take enforcement action against an employer for a violation of this section. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 561-A — ME Code / Title 26 / Chapter 6 / Section 561-A
26 §561-A. General duties
Status: in_force

1. Employer duties. An employer has the following duties. A. An employer shall furnish to each employee employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employee. [PL 2013, c. 473, §5 (NEW).] B. An employer shall comply with occupational safety and health rules adopted under this chapter. [PL 2013, c. 473, §5 (NEW).] [PL 2013, c. 473, §5 (NEW).]

2. Employee duties. An employee shall comply with occupational safety and health rules and all rules adopted under this chapter that are applicable to the employee's own actions and conduct. [PL 2013, c. 473, §5 (NEW).]
26 M.R.S. § 850-B — ME Code / Title 26 / Chapter 7 / Section 850-B
26 §850-B. Paid family and medical leave benefits program established
Status: in_force

The paid family and medical leave benefits program is established effective January 1, 2026. The program is administered by the department. In accordance with subsection 1 , the department may, through contract after a competitive bidding process subject to the requirements of Title 5, section 1816‑B , authorize a 3rd party to conduct claims administration. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

1. Competitive bidding process. Any competitive bidding process used by the department pursuant to this section is governed by this subsection. A. [PL 2023, c. 643, Pt. ZZZ, §3 (RP).] B. Any 3rd party that submits a proposal must have a meaningful physical presence in the State; have no adjudicated record of substantial or repeated willful noncompliance with any relevant federal, state or local law, statute or regulation, including payment of taxes or other payments owed to a public entity; attest to compliance with all applicable local, state and federal laws, regulations and statutes, including health and safety, labor and employment and licensing laws that affect the employees, worksite or performance of the contract; complete a signed pledge of compliance provided by the State to comply with all applicable laws, statutes and regulations; and attest that any projected cost savings may not derive from the 3rd party’s failure to provide adequate wages. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. The requirements of Title 5, section 1825‑B, subsection 7 do not apply. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 643, Pt. ZZZ, §3 (AMD).]

2. Family leave eligibility. A covered individual is eligible for family leave for any of the following reasons: A. To bond with the covered individual's child during the first 12 months after the child's birth or the first 12 months after the placement of the child for adoption or foster care with the covered individual; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. To care for a family member with a serious health condition; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. To attend to a qualifying exigency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. To care for a family member of the covered individual who is a covered service member; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. To take safe leave; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. Any other reason set forth in section 843, subsection 4 . [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Medical leave eligibility. A covered individual with a serious health condition that makes the covered individual unable to work is eligible for medical leave. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Maximum leave requirements. The following requirements apply. A. A covered individual is not eligible for more than 12 weeks of family leave in a benefit year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. A covered individual is not eligible for medical leave for more than 12 weeks in a benefit year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. A covered individual may not take more than 12 weeks, in the aggregate, of family leave and medical leave under this subchapter in the same benefit year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] This subsection does not prevent a covered individual from taking medical leave that is immediately followed by family leave when the medical leave is taken during pregnancy or recovery from childbirth and is supported by documentation from a health care provider. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

5. Intermittent leave requirements. Leave permitted by this section may be taken by an employee intermittently in increments equaling not less than one work day, unless a lesser increment is agreed to by the employee and the employer, except that the employee and employer may not agree to leave under this section to be taken in increments of less than one hour. [PL 2025, c. 277, §1 (AMD).]

6. Weekly benefit. While on family leave or medical leave pursuant to this subchapter, a covered individual receives a weekly benefit amount as provided in section 850‑C . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

7. Notice to employer. Absent an emergency, illness or other sudden necessity for taking leave, an employee shall give reasonable notice to the employee's supervisor of the employee's intent to use leave under this subchapter. Use of such leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer. If an employer fails to provide notice as required under section 850‑I , the employee's obligation to provide notice under this subsection is waived. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

8. Right to benefits; accrual. The taking of family leave or medical leave may not affect an employee's right to accrue vacation time, sick time, bonuses, advancement, seniority, length of service credit or other employment benefits, plans or programs. During the duration of an employee's family leave or medical leave, the employer shall continue to provide for and contribute to the employee's employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of leave. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

9. Treatment of self-employed individuals. Subsection 8 does not apply to a self-employed individual taking family leave or medical leave under this subchapter or to a person who is no longer an employee who was an employee when that person began taking family leave or medical leave under this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

10. Collective bargaining; employer policy; greater or additional rights. This subchapter does not: A. Obviate an employer's obligations to comply with any employer policy, law or collective bargaining agreement that provides for rights to leave greater than or additional to those provided by this subchapter; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. In any way curtail the rights, privileges or remedies of any employee under any collective bargaining agreement or employment contract; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. Allow an employer to compel an employee to exhaust rights to any sick, vacation or personal time prior to or while taking leave under this subchapter; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. Require a public employer, as defined in section 962, subsection 7 , or employee of a public employer that is a party to a collective bargaining agreement in existence on the effective date of this subchapter to apply any of the rights and responsibilities under this subchapter until the existing collective bargaining agreement expires. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

11. Concurrent with leave under state and federal law. Leave taken under this subchapter runs concurrently with leave taken under the federal Family and Medical Leave Act of 1993, 29 United States Code, Section 2611, et seq., and under subchapter 6‑A . Employees may take leave under this subchapter while ineligible for leave under the federal Family and Medical Leave Act of 1993 in the same benefit year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

12. Employer policy may not waive employee rights. An employer policy adopted or retained on or after the effective date of this subchapter may not diminish an employee's right to benefits under this subchapter. Any agreement by an employee to waive the employee's rights under this subchapter is against public policy and is void and unenforceable. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

13. Bureau of Paid Family and Medical Leave; responsibilities of commissioner. Except as otherwise provided in this subchapter, the Commissioner of Labor shall administer this subchapter through the Bureau of Paid Family and Medical Leave. The commissioner may employ persons, make expenditures, require reports, make investigations, impose assessments, coordinate with other departments and bureaus and take other actions the commissioner determines necessary or suitable to administer this subchapter. The commissioner shall determine methods of operational procedures in accordance with the provisions of this subchapter. [PL 2025, c. 277, §2 (NEW).]
26 M.R.S. § 664 — ME Code / Title 26 / Chapter 7 / Section 664
26 §664. Minimum wage; overtime rate
Status: in_force

Except as otherwise provided in this subchapter, an employer may not employ any employee at a rate less than the rates required by this section. [PL 1995, c. 305, §1 (RPR).]

1. Minimum wage. The minimum hourly wage is $7.50 per hour. Starting January 1, 2017, the minimum hourly wage is $9.00 per hour; starting January 1, 2018, the minimum hourly wage is $10.00 per hour; starting January 1, 2019, the minimum hourly wage is $11.00 per hour; and starting January 1, 2020, the minimum hourly wage is $12.00 per hour. On January 1, 2021 and each January 1st thereafter, the minimum hourly wage then in effect must be increased by the increase, if any, in the cost of living. The increase in the cost of living must be measured by the percentage increase, if any, as of August of the previous year over the level as of August of the year preceding that year in the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast Region, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of 5¢. If the highest federal minimum wage is increased in excess of the minimum wage in effect under this section, the minimum wage under this section is increased to the same amount, effective on the same date as the increase in the federal minimum wage, and must be increased in accordance with this section thereafter. [IB 2015, c. 2, §1 (AMD).]

2. Tip credit. An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the minimum hourly wage established in this section except that from January 1, 2017 to December 31, 2017, the minimum cash wage paid directly to a tipped service employee may not be less than $5.00 per hour. An employer who elects to use the tip credit must inform the affected employee in advance, as provided for in this subsection, and must be able to show that the employee receives at least the minimum hourly wage when direct wages and the tip credit are combined within the established 7-day workweek. Upon a satisfactory showing by the employee or the employee's representative that the actual tips received were less than the tip credit, the employer shall increase the direct wages by the difference. The tips received by a service employee become the property of the employee and may not be shared with the employer. Tips that are automatically included in the customer's bill or that are charged to a credit card must be treated like tips given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company. The employer may not deduct any amount from employee tips charged to a credit card, including, but not limited to, service fees assessed to the employer in connection with the credit card transaction. An employer who elects to use the tip credit must inform the affected employee in advance, either orally or in writing, of the following information: A. The amount of the direct wage to be paid by the employer to the tipped employee; [PL 2017, c. 272, §1 (NEW).] B. The amount of tips to be credited as wages toward the minimum wage; [PL 2017, c. 272, §1 (NEW).] C. That the amount of tips to be credited as wages may not exceed the value of the tips actually received by the employee; [PL 2017, c. 272, §1 (NEW).] D. That all tips received by the affected employee must be retained by the employee, except for a valid tip pooling arrangement in accordance with subsection 2‑A ; [PL 2023, c. 179, §1 (AMD).] E. That the tip credit may not apply to any employee who has not been informed by the employer of the provisions for a tip credit; and [PL 2017, c. 272, §1 (NEW).] F. If the employer uses a tip pooling arrangement, any required tip pool contribution amount from the employee. [PL 2017, c. 272, §1 (NEW).] [PL 2023, c. 179, §1 (AMD).]

2-A. Tip pooling. This section may not be construed to prohibit an employer from establishing a valid tip pooling arrangement that does not violate the federal Fair Labor Standards Act of 1938 and regulations made pursuant to that Act as long as: A. The tip pooling arrangement is only among service employees when the employer uses the tip credit under subsection 2 ; or [PL 2023, c. 179, §2 (NEW).] B. The tip pooling arrangement is among a group of employees when the employer pays all employees in the group the minimum hourly wage and does not use the tip credit under subsection 2 . An employer may not receive tips from such a tip pool and may not allow supervisors and managers to receive tips from the tip pool. [PL 2023, c. 179, §2 (NEW).] [PL 2023, c. 179, §2 (AMD).]

2-B. Service charges. An employer in a banquet or private club setting that adds a service charge shall notify the customer that the service charge does not represent a tip for service employees. The employer in a banquet or private club setting may use some or all of any service charge to meet its obligation to compensate all employees at the rate required by this section. [PL 2011, c. 118, §4 (NEW).]

3. Overtime rate. An employer may not require an employee to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week. The regular hourly rate includes all earnings, bonuses, commissions and other compensation that is paid or due based on actual work performed and does not include any sums excluded from the definition of "regular rate" under the Fair Labor Standards Act, 29 United States Code, Section 207(e). The overtime provision of this section does not apply to: A. Automobile mechanics, automobile parts clerks, automobile service writers and automobile salespersons as defined in section 663 . The interpretation of these terms must be consistent with the interpretation of the same terms under federal overtime law, 29 United States Code, Section 213; [PL 2007, c. 360, §5 (AMD).] B. [PL 2007, c. 640, §5 (RP).] C. Mariners; [PL 1995, c. 305, §1 (NEW).] D. Public employees, except those employed by the executive or judicial branch of the State; [PL 2003, c. 423, §1 (AMD); PL 2003, c. 423, §5 (AFF).] E. [PL 2007, c. 640, §6 (RP).] F. The canning; processing; preserving; freezing; drying; marketing; storing; packing for shipment; or distributing of: (1) Agricultural produce; (2) Meat and fish products; and (3) Perishable foods. Individuals employed, directly or indirectly, for or at an egg processing facility that has over 300,000 laying birds must be paid overtime in accordance with this subsection; [PL 2019, c. 387, §1 (AMD); PL 2019, c. 387, §4 (AFF).] G. [PL 2001, c. 628, §3 (NEW); PL 2001, c. 628, §5 (AFF); MRSA T. 26 §664, sub-§3, ¶ G (RP).] H. [PL 2011, c. 681, §2 (RP).] I. [PL 2011, c. 681, §2 (RP).] J. [PL 2011, c. 681, §2 (RP).] K. A driver or driver's helper who is not paid hourly and is subject to the provisions of 49 United States Code, Section 31502 as amended or to regulations adopted pursuant to that section, who is governed by the applicable provisions of federal law with respect to payment of overtime. Nothing in this paragraph may be construed to limit the rights of parties to negotiate rates of pay for drivers and driver's helpers who are represented for purposes of collective bargaining by a labor organization certified by the National Labor Relations Board or who are employed by an entity that is party to a contract with the Federal Government or an agency of the Federal Government that dictates the minimum hourly rate of pay to be paid a driver or driver's helper; and [PL 2019, c. 387, §2 (AMD); PL 2019, c. 387, §4 (AFF).] L. Public employees employed by the executive or judicial branch of the State engaged in fire protection activities, as defined in the federal Fair Labor Standards Act, 29 United States Code, Section 203(y), or in law enforcement activities, as defined in 29 Code of Federal Regulations, Section 553.211, and who are eligible to have overtime pay calculated and paid in accordance with 29 United States Code, Section 207(k). This paragraph may not be construed to limit the rights of parties to negotiate an agreement that provides for payment of overtime that exceeds the requirements of 29 United States Code, Section 207(k). [PL 2019, c. 387, §3 (NEW); PL 2019, c. 387, §4 (AFF).] [PL 2019, c. 387, §§1-3 (AMD); PL 2019, c. 387, §4 (AFF).]

4. Compensatory time. To the extent permitted under the federal Fair Labor Standards Act of 1938, as amended, 29 United States Code, Section 207(o), the overtime pay requirement applicable to executive or judicial employees as described in subsection 3, paragraph D may be met through compensatory time agreements. [PL 2003, c. 423, §2 (NEW); PL 2003, c. 423, §5 (AFF).]
26 M.R.S. § 48 — ME Code / Title 26 / Chapter 3 / Section 48
26 §48. Reports
Status: in_force

All reports to the Bureau of Labor Standards involving deaths, injuries and occupational diseases must be available to the injured employee and the employee's survivors or representatives upon written request and upon payment of reasonable cost for the copies. [RR 2023, c. 2, Pt. E, §5 (COR).]
26 M.R.S. § 979-B — ME Code / Title 26 / Chapter 9-B / Section 979-B
26 §979-B. Right of state employees or legislative 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 state or legislative employee or a group of employees in the free exercise of their rights, given by this section, to voluntarily: [PL 2007, c. 415, §6 (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, §6 (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, §6 (NEW).]
26 M.R.S. § 625 — ME Code / Title 26 / Chapter 7 / Section 625
26 §625. Notice of intention to quit
Status: in_force

Any person, firm or corporation engaged in any manufacturing or mechanical business may contract with adult or minor employees to give one week's notice of intention on such employee's part to quit such employment under a penalty of forfeiture of one week's wages. In such case, the employer shall be required to give a like notice of intention to discharge the employee, and on failure, shall pay to such employee a sum equal to one week's wages. No such forfeiture shall be enforced when the leaving or discharge of the employee is for a reasonable cause. The enforcement of the penalty shall not prevent either party from recovering damages for a breach of the contract of hire.
26 M.R.S. § 49 — ME Code / Title 26 / Chapter 3 / Section 49
26 §49. Imminent danger
Status: in_force

A Superior Court in the county in which the imminent danger is alleged to exist shall have jurisdiction, upon petition of the director, to restrain any conditions or practices in any place of employment subject to section 45 which are such that a danger exists which will reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. [PL 1975, c. 519, §9 (NEW).]
26 M.R.S. § 3201 — ME Code / Title 26 / Chapter 37 / Section 3201
26 §3201. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 491, §13 (NEW).]

1. Apprentice. "Apprentice" means a person who is at least 16 years of age, except when a higher minimum age standard of 18 years of age is otherwise fixed by law or a sponsor, who is employed to learn an apprenticeable occupation that is approved by the department and who is registered with the Maine Apprenticeship Program. [PL 2011, c. 491, §13 (NEW).]

2. Apprenticeable occupation. "Apprenticeable occupation" means an occupation that is specified by industry and that: A. Involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning; [PL 2011, c. 491, §13 (NEW).] B. Is clearly identified and commonly recognized throughout an industry; [PL 2011, c. 491, §13 (NEW).] C. Involves manual, mechanical or technical skills and knowledge that, in accordance with the industry standard for the occupation, require the completion of at least 2,000 hours of on-the-job learning to attain; and [PL 2011, c. 491, §13 (NEW).] D. Requires related instruction. [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

3. Apprenticeship agreement. "Apprenticeship agreement" means a written agreement between an apprentice and a sponsor or employer that contains the terms and conditions of the employment and training of the apprentice. [PL 2011, c. 491, §13 (NEW).]

4. Apprenticeship committee. "Apprenticeship committee" means those persons designated by a sponsor to administer an apprenticeship program. An apprenticeship committee may be either a joint committee or a nonjoint committee, as follows. A. A joint committee is composed of an equal number of representatives of the employer and representatives of the employees who are represented by a bona fide collective bargaining agent. [PL 2011, c. 491, §13 (NEW).] B. A nonjoint committee is composed of employer representatives and may include employees but does not have a bona fide collective bargaining agent as a participant. [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

5. Apprenticeship program. "Apprenticeship program" means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as the requirement for an apprenticeship agreement, a schedule of work experience outlining the skills to be learned on the job, a schedule of related instruction courses necessary to supplement the on-the-job learning and a schedule of progressively increasing wages to be paid to an apprentice consistent with the skill proficiencies achieved and leading toward a journeyman wage rate. [PL 2011, c. 491, §13 (NEW).]

6. Competency. "Competency" means the attainment of manual, mechanical or technical skills and knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement. [PL 2011, c. 491, §13 (NEW).]

7. Completion rate. "Completion rate" means the percentage of an apprenticeship cohort that receives a certificate of completion of apprenticeship within one year of the projected completion date. As used in this subsection, "apprenticeship cohort" means the group of apprentices registered to a specific apprenticeship program during a one-year time frame, except that "apprenticeship cohort" does not include the apprentices whose apprenticeship agreement has been cancelled during the probationary period as described in section 3205, subsection 8 . [PL 2011, c. 491, §13 (NEW).]

8. Department. "Department" means the Department of Labor. [PL 2011, c. 491, §13 (NEW).]

9. Electronic media. "Electronic media" means media that use electronics or electromechanical energy for the end user to access content and includes, but is not limited to, electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks and the physical movement of removable or transportable electronic media and interactive distance learning. [PL 2011, c. 491, §13 (NEW).]

10. Employer. "Employer" means a person or organization employing an apprentice, whether or not the person or organization is a party to an apprenticeship agreement with the apprentice. [PL 2011, c. 491, §13 (NEW).]

11. Federal purposes. "Federal purposes" includes any federal contract, grant, agreement or arrangement dealing with apprenticeship and any federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference or right pertaining to apprenticeship. [PL 2011, c. 491, §13 (NEW).]

12. Interim credential. "Interim credential" means a credential issued by the department to document attainment of certain benchmarks toward completion of an apprenticeship. [PL 2011, c. 491, §13 (NEW).]

13. Journeyman. "Journeyman" means a worker who has attained a level of skills, abilities and competencies recognized within an industry as the skills, abilities and competencies required for an occupation. "Journeyman" includes a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training, as determined by the sponsor. [PL 2011, c. 491, §13 (NEW).]

14. Maine Apprenticeship Council. "Maine Apprenticeship Council" means the Maine Apprenticeship Council under section 3209 . [PL 2011, c. 491, §13 (NEW).]

15. Maine Apprenticeship Program. "Maine Apprenticeship Program" means the Maine Apprenticeship Program established in section 3202 . [PL 2011, c. 491, §13 (NEW).]

15-A. Preapprenticeship training program. "Preapprenticeship training program" means a program that: A. Is designed to prepare individuals to enter and succeed in a registered apprenticeship program; and [PL 2021, c. 705, §10 (NEW).] B. Has a documented partnership agreement that includes arrangements for facilitated entry of graduates of the preapprenticeship training program with at least one registered apprenticeship program. [PL 2021, c. 705, §10 (NEW).] [PL 2021, c. 705, §10 (NEW).]

16. Provisional registration. "Provisional registration" means the one-year initial provisional registration of newly registered apprenticeship programs under section 3202, subsection 5 . [PL 2011, c. 491, §13 (NEW).]

17. Quality assurance assessment. "Quality assurance assessment" means a comprehensive review conducted by the department regarding all aspects of an apprenticeship program's performance, including but not limited to determining if apprentices are receiving on-the-job learning in all phases of the apprenticeable occupation, scheduled wage increases consistent with the standards of the program submitted under section 3203 and related instruction through appropriate curricula and delivery systems and determining if the apprenticeship program has provided to the registration agency notification of all new registrations, transfers, suspensions, cancellations and completions as required in this chapter. [PL 2011, c. 491, §13 (NEW).]

18. Registration. "Registration" means registration with the Maine Apprenticeship Program under section 3202 . [PL 2011, c. 491, §13 (NEW).]

19. Registration agency. "Registration agency" means the state apprenticeship agency, which is responsible for registering apprenticeship programs and apprentices, providing technical assistance and conducting compliance and quality assurance assessments. [PL 2011, c. 491, §13 (NEW).]

20. Related instruction. "Related instruction" means an organized and systematic form of instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation and given in a classroom, through occupational or industrial courses or by correspondence courses of equivalent value, electronic media or other forms of self-study approved by the department. [PL 2011, c. 491, §13 (NEW).]

21. Sponsor. "Sponsor" means a person, association, apprenticeship committee or organization operating an apprenticeship program and in whose name the apprenticeship program is or is to be registered or approved. [PL 2011, c. 491, §13 (NEW).]

22. State apprenticeship agency. "State apprenticeship agency" means the department, which is the state government agency that has responsibility and accountability for apprenticeship in the State and is recognized by the United States Department of Labor, Office of Apprenticeship as an agency that has been properly constituted under state law and authorized by the Office of Apprenticeship to register and oversee apprenticeship programs and apprenticeship agreements for federal purposes. [PL 2011, c. 491, §13 (NEW).]

23. Technical assistance. "Technical assistance" means guidance provided by the Bureau of Employment Services within the department in the development, revision, amendment or processing of a potential or current sponsor's standards of apprenticeship or apprenticeship agreements or advice or consultation provided by the bureau to a sponsor to further compliance with or remedy nonconformance to state and federal law, regulation or rule. [PL 2011, c. 491, §13 (NEW).]

23-A. Total package value. "Total package value" means the hourly sum of the following: A. Wages; [PL 2023, c. 318, §1 (NEW).] B. The dollar value of employer-paid health insurance; and [PL 2023, c. 318, §1 (NEW).] C. The dollar value of employer-paid retirement contribution benefits, except those retirement contribution benefits that require the employee to match the employer-paid contributions for the employee to access the retirement fund offered by the employer. [PL 2023, c. 318, §1 (NEW).] [PL 2023, c. 318, §1 (NEW).]

24. Transfer. "Transfer" means a shift of registration from one apprenticeship program to another or from one employer within a program to another employer within that same program, in accordance with an agreement between the apprentice and the affected sponsors. [PL 2011, c. 491, §13 (NEW).]
26 M.R.S. § 979-J — ME Code / Title 26 / Chapter 9-B / Section 979-J
26 §979-J. Reports
Status: in_force

1. Report; budget. The board shall annually, on or before the first day of July, make a report to the Governor. The appropriation for the board and the executive director must be included in the budget of the Department of Labor and authorization for expenditures is the responsibility of the chair or executive director. The board shall prepare a biennial budget for submission to the Legislature for appropriations sufficient to carry out its duties. Authorization for expenditures is the responsibility of the board. All expenses of the board and its staff, including all necessary traveling and subsistence expenses, must be paid on presentation of itemized vouchers therefor approved by the board or the executive director. [RR 2023, c. 2, Pt. E, §67 (COR).]

2. The board shall have the authority to recommend to the Legislature changes or additions to this chapter or to related enactments of law. [PL 1973, c. 774 (NEW).]
26 M.R.S. § 3308 — ME Code / Title 26 / Chapter 39 / Section 3308
26 §3308. Rulemaking
Status: in_force

The Commissioner of Labor shall adopt rules for the operation of industry partnerships funded in whole or in part under this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 154, §14 (AMD).]
26 M.R.S. § 1196 — ME Code / Title 26 / Chapter 13 / Section 1196
26 §1196. Extended benefits for dislocated workers in approved training; annual report
Status: in_force

1. Dislocated worker defined. As used in this section and section 1191, subsection 4, paragraph A , the term "dislocated worker" means an individual who is in training as approved by the deputy, under rules adopted by the commissioner, and: A. An individual who: (1) Has been terminated or laid off from employment as a result of a reduction of operations at the individual's place of employment or who has received a notice of termination or layoff from employment; [PL 2009, c. 271, §4 (AMD).] B. An individual who has been terminated or who has received a notice of termination of employment, as a result of any permanent closure of a plant or facility; or [PL 1985, c. 591, §5 (NEW).] C. An individual who is long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including any older individual who may have substantial barriers to employment because of the individual's age. [RR 2023, c. 2, Pt. E, §106 (COR).] For the purposes of this section, "deputy" has the same meaning as in section 1192‑A, subsection 1, paragraph A . [PL 2025, c. 235, §16 (AMD).]

1-A. Extended benefits for dislocated workers. A dislocated worker who has exhausted the worker's benefit year within 30 months of the worker's enrollment in training described in subsection 1 is entitled to the product of the worker's most recent weekly benefit amount multiplied by the number of weeks in which that person is in approved training, up to a maximum of 26 weeks, except that benefits may not be paid under this subsection to a person: A. Until the person has exhausted benefits for which that person is eligible under any unemployment insurance benefit program funded in whole or in part by the State or the Federal Government; or [PL 2025, c. 235, §16 (NEW).] B. Who is eligible for or who has exhausted, after March 20, 1986, trade adjustment allowances as provided by the United States Trade Act of 1974, 19 United States Code, Sections 2291 to 2294 and any amendments or additions thereto, or a similar successor provision of that Act, except that any individual who was eligible for and received less than 26 weeks of benefits under that Act may receive benefits for the number of weeks by which the individual's benefits under that Act are less than 26 weeks. [PL 2025, c. 235, §16 (NEW).] [PL 2025, c. 235, §16 (NEW).]

2. Annual report. The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over labor matters before March 1st of each year regarding the actions taken under subsection 1‑A and section 1191, subsection 4, paragraph A . The report must include: A. The number of persons who receive benefits under those provisions; [PL 1985, c. 591, §5 (NEW).] B. The average length of time in training for persons who receive benefits under those provisions; [PL 1985, c. 591, §5 (NEW).] C. The average weekly benefit and average total amount of benefits paid to persons under those provisions; [PL 1985, c. 591, §5 (NEW).] D. The success rate in placing trainees who receive benefits under those provisions; [PL 2009, c. 271, §5 (AMD).] E. The total cost of benefits paid under those provisions and the effect on the Unemployment Trust Fund; and [PL 2009, c. 271, §6 (AMD).] F. The number of persons participating in training while receiving extended unemployment benefits under those provisions during the report year who have previously completed a training program while receiving extended unemployment benefits under those provisions, including the length of time between those enrollments. [PL 2009, c. 271, §7 (NEW).] [PL 2025, c. 235, §16 (AMD).]

3. Repeal. [PL 1995, c. 9, §3 (RP).]

4. Suspension of provisions due to the reserve multiple. [PL 1995, c. 9, §4 (RP).]
26 M.R.S. § 3302 — ME Code / Title 26 / Chapter 39 / Section 3302
26 §3302. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

1. Career ladder. "Career ladder" means a clear sequence of education course work or training that is aligned with an identified series of positions, work experiences or educational benchmarks or training credentials that offer occupational and financial advancement within a specified career field or related fields over time. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

2. Collaborative. "Collaborative" means the Industry Partnership Assistance Collaborative established in section 3301 . [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

3. Educational programs. "Educational programs" means the State's elementary and secondary schools, career and technical education centers, adult education programs, the Maine Community College System, the Maine Maritime Academy and the University of Maine System and other training providers that have been approved to provide training by the Department of Labor under the federal Workforce Innovation and Opportunity Act, Public Law 113-128. [PL 2017, c. 110, §28 (AMD).]

4. High-priority occupations. "High-priority occupations" means those occupations identified on a list published annually by the Center for Workforce Research and Information pursuant to section 3303, subsection 5 . [PL 2017, c. 110, §28 (AMD).]

5. Industry cluster. "Industry cluster" means a group of employers closely linked by a common product or services, workforce needs, similar technologies, supply chains or other industry sector factors. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

6. Industry partnership. "Industry partnership" means a workforce collaboration that brings together multiple employers and employees, or employee representatives when appropriate, in the same industry cluster to address common workforce needs. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

7. Soft skills. "Soft skills" means those basic skills necessary to obtain and maintain employment, such as interviewing and communications skills. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

8. Targeted industry cluster. "Targeted industry cluster" means an industry cluster identified by the collaborative pursuant to section 3303, subsection 2 as having statewide economic impact, immediate or long-term workforce development needs and emerging or competitive career opportunities. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

Revisor's Note: §3302. Definitions (As enacted by PL 2013, c. 335, Pt. A, §1 is REALLOCATED TO TITLE 26, SECTION 3402)
26 M.R.S. § 566 — ME Code / Title 26 / Chapter 6 / Section 566
26 §566. Enforcement
Status: in_force

The bureau shall inspect and enforce the rules and regulations. [PL 1971, c. 620, §13 (AMD).]
26 M.R.S. § 891 — ME Code / Title 26 / Chapter 9 / Section 891
26 §891. Policy
Status: in_force

It is declared to be the policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation. [PL 1975, c. 564, §1 (NEW).]
26 M.R.S. § 1420-B — ME Code / Title 26 / Chapter 19 / Section 1420-B
26 §1420-B. Motor vehicle drivers
Status: in_force

The driver of a vehicle approaching a deaf or hard-of-hearing person using a properly identified guide dog shall take all necessary precautions to avoid injury to that person and the guide dog. A driver who fails to take such precautions is liable in damages for any injury caused to that person or dog. A deaf or hard-of-hearing person not using a guide dog in any of the places, accommodations or conveyances listed in section 1420‑A has all of the rights and privileges conferred by law upon other persons. The failure of a deaf or hard-of-hearing person to use a guide dog in those places, accommodations or conveyances does not constitute nor is it evidence of contributory negligence. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 1418-M — ME Code / Title 26 / Chapter 19 / Section 1418-M
26 §1418-M. Application
Status: in_force

If a vending facility not under the control of the division exists in a building or on property of the State, a county or a municipality, the person having jurisdiction over that building or property shall give preference to the division to continue operation of the vending facility when an existing lease or contract expires or is terminated. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 830 — ME Code / Title 26 / Chapter 7 / Section 830
26 §830. Jury trial; common-law rights (REALLOCATED TO TITLE 26, SECTION 840)
Status: in_force

(REALLOCATED TO TITLE 26, SECTION 840)
26 M.R.S. § 850-O — ME Code / Title 26 / Chapter 7 / Section 850-O
26 §850-O. Paid Family and Medical Leave Benefits Authority
Status: in_force

The Paid Family and Medical Leave Benefits Authority, established in Title 5, section 12004‑I, subsection 54‑F , shall advise the administrator on the implementation and administration of the program in accordance with this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

1. Membership; appointments. The authority consists of the following 15 members: A. Eleven members appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and to confirmation by the Senate: (1) One member with expertise in issues affecting labor and independent contractors; (2) One employer with more than 50 employees; (3) One member with expertise in issues related to paid family leave benefits and paid medical leave benefits; (4) One employer with 50 or fewer employees; (5) One member who is self-employed; (6) One member who is an employer in the hospitality industry; (7) One member with expertise in treating issues affecting maternity and postpartum care; (8) One member with expertise in agriculture, a seasonal workforce or a heritage industry; (9) One member with expertise in issues affecting elder care; (10) One member with expertise in child care and early childhood development; and (11) One member with expertise in employment law representing employee interests; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. The commissioner or the commissioner's designee; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. The controller or the controller's designee; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. The Commissioner of Professional and Financial Regulation or the commissioner's designee; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. One employee of the Department of Health and Human Services with expertise in foster care and adoption designated by the commissioner. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Terms. Members of the authority serve 3‑year terms. When a vacancy occurs, the Governor shall fill the vacancy by appointing a member from the same category as the member who vacated the authority, and that new member continues to serve for the remainder of the term. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Chair; election of board officers. The members of the authority shall annually elect one of its members as chair and one of its members as vice-chair. The chair is responsible for scheduling at least 4 authority meetings a year and for preparing the agenda for each meeting. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Quorum. A majority of the authority members constitutes a quorum. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

5. Staffing of authority. The department shall provide administrative and staff support to the authority, and staff shall attend all meetings of the authority. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

6. Meetings. The authority shall meet at least quarterly each year. Additional meetings may be held as necessary to conduct the business of the authority. At least once per year, the authority and the department shall convene a meeting to solicit public comment on any issues related to paid family leave benefits and paid medical leave benefits and on the experiences of employers and employees with the program. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

7. Duties. The authority: A. Shall monitor the program on an ongoing basis to ensure the program's efficacy and performance, including its fiscal accountability and its financial solvency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Owes a fiduciary duty to the program and shall monitor and issue recommendations regarding the program's financial solvency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. Shall propose changes to or advise the administrator on the laws, rules, administrator policies and other significant issues related to paid family leave benefits and paid medical leave benefits; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. Shall provide policy oversight and recommendations on the administration and structure of the program; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. Shall review and make recommendations to the commissioner related to the relationship between the administrator and the employers and employees participating in the program and any education and outreach needs of the program; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. Shall solicit and consider public comment on the administration of the program; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] G. Shall consider and make recommendations on how to support employers with implementation of the program and maintain stability of the labor workforce for employers; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] H. May review all contracts regarding the program, including its administration and financial solvency; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] I. May recommend suggested legislation to the joint standing committee of the Legislature having jurisdiction over labor matters. The joint standing committee of the Legislature having jurisdiction over labor matters may submit a bill to any regular or special session based on legislation suggested in accordance with this paragraph. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 959 — ME Code / Title 26 / Chapter 9 / Section 959
26 §959. Modification or correction of award; grounds; order
Status: in_force

The Superior Court in and for the county wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award.
26 M.R.S. § 643-A — ME Code / Title 26 / Chapter 7 / Section 643-A
26 §643-A. First aid requirements
Status: in_force

An employer must comply with the standards for first aid set forth in 29 Code of Federal Regulations, Section 1910.151 (2008). [PL 2009, c. 201, §4 (NEW).]
26 M.R.S. § 951 — ME Code / Title 26 / Chapter 9 / Section 951
26 §951. Agreements to arbitrate
Status: in_force

A written provision in any collective bargaining contract to settle by arbitration a controversy thereafter arising out of such contract or out of the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, or such refusal, herein designated in this subchapter as "a written submission agreement," shall be valid, irrevocable and enforceable, save upon such grounds, independent of the provisions for arbitration, as exist at law or in equity for the revocation of any contract.
26 M.R.S. § 354 — ME Code / Title 26 / Chapter 5 / Section 354
26 §354. Prohibition; penalty
Status: in_force

A person who violates any rule that is adopted by the commissioner under this subchapter shall be subject to a civil forfeiture not to exceed $1,000 for each violation. Each day of violation shall constitute a separate violation. [PL 1987, c. 594, §1 (NEW).]
26 M.R.S. § 806 — ME Code / Title 26 / Chapter 7 / Section 806
26 §806. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 474, §2 (NEW).]

1. Commission. "Commission" means the Maine Human Rights Commission described in Title 5, chapter 337, subchapter II . [PL 1991, c. 474, §2 (NEW).]

1-A. Department. "Department" means the Department of Labor. [PL 2017, c. 162, §1 (NEW).]

2. Employee. "Employee" means any person engaged to work on a steady or regular basis, whether full-time or part-time, by an employer located or doing business in the State. [PL 1991, c. 474, §2 (NEW).]

3. Employer. "Employer" means any person, partnership, firm, association, corporation, employment agency, labor organization, joint apprenticeship committee or other legal entity, public or private, that is located or doing business in 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 1991, c. 474, §2 (NEW).] B. The State in its capacity as an employer. [PL 1991, c. 474, §2 (NEW).] [PL 1991, c. 474, §2 (NEW).]

4. Sexual harassment. "Sexual harassment" has the same meaning as found in rules adopted by the Maine Human Rights Commission under the Maine Human Rights Act, Title 5, section 4572 . [PL 1991, c. 474, §2 (NEW).]
26 M.R.S. § 827 — ME Code / Title 26 / Chapter 7 / Section 827
26 §827. Collective bargaining rights (REALLOCATED TO TITLE 26, SECTION 837)
Status: in_force

(REALLOCATED TO TITLE 26, SECTION 837)
26 M.R.S. § 1222 — ME Code / Title 26 / Chapter 13 / Section 1222
26 §1222. Period, election and termination of coverage
Status: in_force

1. Period of employer's coverage. Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such calendar year.

2. Termination of employer's coverage. A. Except as otherwise provided in subsection 3 , an employing unit which became an employer under section 1043, subsection 9, paragraph H shall cease to be an employer subject to this chapter as of the first day of January of any calendar year, only if it files with the commissioner, prior to the 31st day of January of such year, a written application for termination of coverage, and the commissioner finds that there were no 20 different days, each day being in a different week within the preceding calendar year, within which such employing unit employed 4 or more individuals in employment subject to this chapter. For the purpose of this subsection, the 2 or more employing units mentioned in section 1043, subsection 9, paragraph B or C or D shall be treated as a single employing unit. [PL 1979, c. 651, §45 (AMD).] B. The commissioner may upon the commissioner's own motion terminate coverage of an employer, who became an employer under section 1043, subsection 9, paragraph H, when the commissioner finds that there were no 20 different days, each day being in a different week within the preceding calendar year, within which the employing unit employed 4 or more individuals in employment subject to this chapter; and the commissioner may upon the commissioner's own motion terminate the coverage of an employing unit that had become an employer by virtue of subsection 3, as of January 1st of any calendar year when the employing unit has, by virtue of approval of its election to become a subject employer, been a subject employer for the 2 or more preceding calendar years. [RR 2023, c. 2, Pt. E, §114 (COR).] C. Except as otherwise provided in subsection 3 , an employing unit which became an employer under section 1043, subsection 9, paragraph A‑1 , shall cease to be an employer subject to this chapter as of the first day of January of any calendar year, only if it files with the commissioner, prior to the 31st day of January of such year, a written application for termination of coverage, and the commissioner finds that there were no 20 different weeks, within the preceding calendar year, within which such employing unit employed one or more individuals in employment subject to this chapter, and did not pay wages of $1,500 in any calendar quarter. For the purpose of this subsection, the 2 or more employing units mentioned in section 1043, subsection 9, paragraph B or C or D shall be treated as a single employing unit. [PL 1979, c. 651, §45 (AMD).] D. The commissioner may upon the commissioner's own motion terminate coverage of an employer when the commissioner finds that there were no 20 different weeks within the preceding calendar year within which the employing unit employed one or more individuals in employment subject to this chapter and did not pay wages of $1,500 in any calendar quarters; and the commissioner may upon the commissioner's own motion terminate the coverage of an employing unit that had become an employer by virtue of subsection 3, paragraphs A and B, as of January 1st of any calendar year when the employing unit has, by virtue of approval of its election to become a subject employer, been a subject employer for the 2 or more preceding calendar years. [RR 2023, c. 2, Pt. E, §115 (COR).] E. Except as otherwise provided in subsection 3 , an employing unit which became an employer under section 1043, subsection 9, paragraph J , shall cease to be an employer subject to this chapter as of the first day of January of any calendar year, only if it files with the commissioner, prior to the 31st day of January of that year, a written application for termination of coverage and the commissioner finds that there were not 20 different days, each day being in a different week within the preceding calendar year, within which that employing unit employed 10 or more individuals in agricultural labor subject to this chapter and did not pay wages of $20,000 to individuals employed in agricultural labor in any calendar quarter. For the purpose of this subsection, the 2 or more employing units mentioned in section 1043, subsection 9, paragraph B , C or D , shall be treated as a single employing unit. [PL 1983, c. 351, §25 (AMD).] F. The commissioner may terminate coverage of any employer who became an employer under section 1043, subsection 9, paragraph J , when the commissioner finds that there were not 20 different days, each day being in a different week within the preceding calendar year, within which the employing unit employed 10 or more individuals in agricultural labor subject to this chapter and did not pay wages of $20,000 to individuals employed in agricultural labor in any calendar quarter; and the commissioner may terminate coverage of any employer who became an employer under section 1043, subsection 9, paragraph K , when the commissioner finds that the employing unit did not pay wages of $1,000 to individuals employed in domestic service in any calendar quarter of the preceding calendar year. [PL 1983, c. 351, §25 (AMD).] G. Except as otherwise provided in subsection 3 , an employing unit which became an employer under section 1043, subsection 9, paragraph K , shall cease to be an employer subject to this chapter as of the first day of January of any calendar year, only if it files with the commissioner, prior to the 31st day of January of that year, a written application for termination of coverage and the commissioner finds that the employing unit did not pay wages of $1,000 to individuals employed in domestic service in any calendar quarter of the preceding calendar year. For the purpose of this subsection, the 2 or more employing units mentioned in section 1043, subsection 9, paragraph B , C or D , shall be treated as a single employing unit. [PL 1983, c. 351, §25 (AMD).] [RR 2023, c. 2, Pt. E, §§114, 115 (COR).]

3. Election and termination of employer's coverage. A. An employing unit, not otherwise subject to this chapter, which files with the commissioner its written election to become an employer subject hereto for not less than 2 calendar years, shall, with the written approval of such election by the commissioner, become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1st of any calendar year subsequent to such 2 calendar years, only if it files with the commissioner, prior to the 31st day of January of such year, a written application for termination of coverage. [PL 1979, c. 651, §45 (AMD).] B. Any employing unit, for which services that do not constitute employment as defined in this chapter are performed, may file with the commissioner a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this chapter for not less than 2 calendar years. Upon the written approval of such election by the commissioner, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January 1st of any calendar year subsequent to such 2 calendar years, if not later than January 31st of such year such employing unit has filed with the commissioner an application for termination of coverage. [PL 1979, c. 651, §45 (AMD).] C. [PL 1977, c. 570, §38 (RP).] [PL 1979, c. 651, §45 (AMD).]
26 M.R.S. § 2108 — ME Code / Title 26 / Chapter 28 / Section 2108
26 §2108. Inconsistent rules
Status: in_force

Any rules or portions of rules adopted by the Department of Labor that are inconsistent with this chapter are void and unenforceable. [PL 1987, c. 552, §7 (NEW).]
26 M.R.S. § 893 — ME Code / Title 26 / Chapter 9 / Section 893
26 §893. Invoking mediation services
Status: in_force

Mediation procedures as provided by section 965, subsection 2 , shall be followed whenever either party to a controversy requests such services and the Maine Labor Relations Board or its executive director finds that the dispute is subject to settlement through mediation and that it is in the public interest to mediate. [PL 1975, c. 564, §1 (NEW).]
26 M.R.S. § 979-E — ME Code / Title 26 / Chapter 9-B / Section 979-E
26 §979-E. Bargaining unit; how determined
Status: in_force

1. Bargaining unit standards. In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining or between the public employer and an employee or employees as to whether a supervisory or other position is included in the bargaining unit, the executive director or the executive director's designee shall make the determination, except that anyone excepted from the definition of "state employee" under section 979‑A may not be included in a bargaining unit. The executive director or the executive director's designee conducting unit determination proceedings has the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relative or pertinent to the issues represented to them. In determining whether a supervisory position should be excluded from the proposed bargaining unit, the executive director or the executive director's designee shall consider, among other criteria, if the principal functions of the position are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards. [RR 2023, c. 2, Pt. E, §63 (COR).]

2. Bargaining unit compatibility. In order to ensure to employees the fullest freedom in exercising the rights guaranteed by this chapter, to ensure a clear and identifiable community of interest among employees concerned and to avoid excessive fragmentation among bargaining units in State Government, the executive director of the board or the executive director's designee shall decide in each case the unit appropriate for purposes of collective bargaining. [RR 2023, c. 2, Pt. E, §64 (COR).]

3. 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 1975, c. 697, §9 (NEW).]
26 M.R.S. § 955 — ME Code / Title 26 / Chapter 9 / Section 955
26 §955. Application heard as motion
Status: in_force

Any application to the court under this subchapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided.
26 M.R.S. § 934 — ME Code / Title 26 / Chapter 9 / Section 934
26 §934. Conciliation; notification of dispute; proceedings in settlement; report
Status: in_force

Whenever it appears to the employer or employees concerned in a labor dispute, or when a strike or lockout is threatened, or actually occurs, the employer or employees concerned may request the services of the board. [RR 2023, c. 2, Pt. E, §41 (COR).]

If, when the request or notification is received, it appears that a substantial number of employees in the department, section or division of the business of the employer are involved, the board shall endeavor, by conciliation, to obtain an amicable settlement. If the board is unable to obtain an amicable settlement it shall endeavor to persuade the employer and employees to submit the matter to arbitration. [PL 1985, c. 294, §§2, 3 (NEW).]

The board shall, upon notification, as soon as practicable, visit the place where the controversy exists or arrange a meeting of the interested parties at a convenient place, and shall make careful inquiry into the cause of the dispute or controversy, and the board may, with the consent of the Governor, conduct the inquiry beyond the limits of the State. [PL 1985, c. 294, §§2, 3 (NEW).]

The board shall hear all interested persons who come before it, advise the respective parties what ought to be done by either or both to adjust the controversy, and shall make a confidential written report to the Governor and the Executive Director of the Maine Labor Relations Board. The Governor or executive director shall make the report public if, after 15 days from the date of its receipt, the parties have not resolved the controversy and the public interest would be served by publication. In addition, either the Governor or the executive director may refer the report and recommendations of the board to the Attorney General or other department for appropriate action when it appears that any of the laws of this State may have been violated. [PL 2015, c. 250, Pt. C, §3 (AMD).]
26 M.R.S. § 1411-H — ME Code / Title 26 / Chapter 19 / Section 1411-H
26 §1411-H. Maintenance not assignable
Status: in_force

The right of a person with a disability to maintenance under this article is not transferable or assignable at law or in equity and none of the money paid or payable or rights existing under this article are subject to execution, levy, attachment, garnishment or other legal process or to the operation of bankruptcy or insolvency law. [PL 2015, c. 141, §12 (AMD).]
26 M.R.S. § 1 — ME Code / Title 26 / Chapter 1 / Section 1
26 §1. Definitions
Status: in_force

The following terms used in chapter 3 shall have the following meanings.

1. Factory. "Factory" means any premises where steam, water or other mechanical power is used in aid of any manufacturing process there carried on.

1-A. Loan fund. "Loan fund" means the Occupational Safety Loan Fund. [PL 1985, c. 372, Pt. A, §5 (NEW).]

2. Person. "Person" means an individual, corporation, partnership, company or association and includes the State, state agencies, counties, municipal corporations, school districts and other public corporations or political subdivisions. [PL 1975, c. 519, §1 (AMD).]

2-A. Safety fund. "Safety fund" means the Safety Education and Training Fund. [PL 1985, c. 372, Pt. A, §5 (NEW).]

3. Workshop. "Workshop" means any premises, room or place, not being a factory, wherein any manual labor is performed, or for the purpose of gain in or incidental to any process of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the person or persons working therein has the right of access or control. The exercise of such manual labor in a private house or a private room by the family dwelling therein, or by any of them, or in case a majority of persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition. [PL 1967, c. 100 (AMD).]

4. Workplace. "Workplace" means any plant, yard, premises, room or other place where an employee or employees are engaged in the performance of labor or service over which the employer has the right of access or control. [PL 1975, c. 519, §2 (NEW).]

These terms shall have the meanings defined for them respectively in all laws of this State relating to the employment of labor, unless a different meaning is plainly required by the context.
26 M.R.S. § 1199 — ME Code / Title 26 / Chapter 13 / Section 1199
26 §1199. Provisions under a declared state of emergency
Status: in_force

The provisions of this section apply for the duration of a state of emergency declared by the Governor pursuant to Title 37‑B, section 742 due to the outbreak of COVID-19, and for 30 days following the termination of that state of emergency. [PL 2019, c. 617, Pt. B, §1 (NEW).]

1. Benefits not charged against employer. Notwithstanding section 1191 or 1221 , if an individual is dislocated or temporarily laid off as a result of the state of emergency, benefits paid to that individual under this subchapter may not be charged against the experience rating record of any employer but must be charged to the General Fund. [PL 2019, c. 617, Pt. B, §1 (NEW).]

2. Eligibility. An individual is deemed to have met the eligibility requirements under section 1192‑A, subsection 2, paragraphs B , C and D as long as the individual remains able and available to work for, and maintains contact with, the relevant employer and the individual is: A. Under a temporary medical quarantine or isolation restriction to ensure that the individual has not been affected by the subject condition of the state of emergency and is expected to return to work; or [PL 2019, c. 617, Pt. B, §1 (NEW).] B. Temporarily laid off due to a partial or full closure of the individual's place of employment as a result of the state of emergency and is expected to return to work once the emergency closure is lifted. [PL 2019, c. 617, Pt. B, §1 (NEW).] [PL 2025, c. 235, §19 (AMD).]

3. Waiting period waived. The waiting period requirement under section 1192‑A, subsection 2, paragraph E is waived for an individual who is dislocated or temporarily laid off as a result of the state of emergency. [PL 2025, c. 235, §20 (AMD).]

4. Temporary leave of absence due to COVID-19. Notwithstanding section 1193, subsection 1 , during the state of emergency, an individual who is on a temporary leave of absence due to a medical quarantine or isolation restriction, a demonstrated risk of exposure or infection or a need to care for a dependent family member as a result of COVID-19 is not disqualified from receiving benefits during this absence as long as the individual continues to remain able and available to work for, and maintains contact with, the relevant employer. [PL 2019, c. 617, Pt. B, §1 (NEW).]
26 M.R.S. § 655 — ME Code / Title 26 / Chapter 7 / Section 655
26 §655. Unfair contracts
Status: in_force

An employer may not be exempted from this subchapter by special contract with an employee or by any other means. [PL 2025, c. 232, §1 (NEW).]
26 M.R.S. § 1301 — ME Code / Title 26 / Chapter 15 / Section 1301
26 §1301. Local residents preferred; exception
Status: in_force

The State, counties, cities and towns and every charitable or educational institution that is supported in whole or in part by aid granted by the State or by any municipality shall, in the awarding of contracts for constructing, altering, repairing, furnishing or equipping its buildings or public works, give preference to workers and to bidders for such contracts who are residents of this State, as long as the bids submitted by those resident bidders are equally favorable with bids submitted by contractors from without the State. This section does not apply to construction or repairs amounting to less than $1,000 or to emergency work or to state road work. [RR 2023, c. 2, Pt. E, §133 (COR).]

Any contract for public improvement that is awarded by the State or any department or agency of the State is subject to the competitive bidding process established under Title 5, chapter 155, subchapter I‑A . [PL 1995, c. 524, §2 (NEW).]
26 M.R.S. § 1418 — ME Code / Title 26 / Chapter 19 / Section 1418
26 §1418. 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. Blind person. "Blind person" means a person having not more than 20/200 central visual acuity in the better eye after correction or an equally disabling loss of the visual field so that the widest diameter of the visual field subtends an angle no greater than 20 degrees. [PL 1995, c. 560, Pt. F, §13 (NEW).]

2. Director. "Director" means the Director of the Division for the Blind and Visually Impaired. [PL 1995, c. 560, Pt. F, §13 (NEW).]

3. Division. "Division" means the Division for the Blind and Visually Impaired in the department. [PL 1995, c. 560, Pt. F, §13 (NEW).]

4. Jurisdiction. "Jurisdiction" means the control of the maintenance, operation and protection of public buildings and property of the State or of a county or a municipality. [PL 1995, c. 560, Pt. F, §13 (NEW).]

5. Licensing agency. "Licensing agency" means the Division for the Blind and Visually Impaired, which is the state agency designated by the Rehabilitation Services Administration in the United States Department of Education to issue licenses to blind persons for the operation of vending facilities. [PL 1995, c. 560, Pt. F, §13 (NEW).]

6. Manager. "Manager" means the blind person, duly licensed by the division, who personally operates the vending facility. [PL 1995, c. 560, Pt. F, §13 (NEW).]

7. Public building or property. "Public building or property" means a building or land owned, leased or occupied by a department, agency or authority of the State or a county or a municipality of the State. [PL 1995, c. 560, Pt. F, §13 (NEW).]

8. Vending facility. "Vending facility" means a restaurant, a cafeteria, including the cafeteria located in the State Office Building in Augusta, a snack bar, a vending machine for food and beverages and goods and services customarily offered in connection with a restaurant, a cafeteria, a snack bar or a vending machine. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 593 — ME Code / Title 26 / Chapter 7 / Section 593
26 §593. Textile piecework
Status: in_force

1. Posting of specifications. The occupiers or managers of every textile factory shall post in every room where employees work by piece rate, in legible writing or printing, and in sufficient numbers to be easily accessible to such employees, specifications of the character of each kind of work to be done by them and the rate of compensation, whether paid by the pound or by the pick as registered by the pick clock on each loom. Such specifications in the case of weaving rooms must state the intended and maximum length of a cut or piece, the count per inch of reed and the number of picks per inch, width of loom and width of cloth woven in the loom, and each warp must bear a designating ticket or mark of identification. [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Pick clocks. In mills operating looms engaged in the weaving of cloth or other textiles where weavers are not paid on a per hour or day basis, pick clocks must be placed on each loom in operation, and each weaver must be paid according to the number of picks registered on the pick clock. [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalties. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not more than $50 may be adjudged. [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates this section after having previously violated this section commits a civil violation for which a fine of not more than $100 may be adjudged. [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A person who violates this section after having previously violated this section 2 or more times commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Application. This section does not apply to so-called gang looms or the weaving of carpets or elastic webbing. [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
26 M.R.S. § 1406 — ME Code / Title 26 / Chapter 19 / Section 1406
26 §1406. Calculation of livable wage
Status: in_force

By July 1, 2013 and biennially thereafter, the department shall calculate the livable wage and develop a basic needs budget for households in this State based on, at a minimum, a 2-parent household with 2 earners and 2 children representative family size, but only if funding has been appropriated for these purposes. [PL 2011, c. 569, §3 (NEW).]

By December 1, 2013 and biennially thereafter, the department shall report the livable wages calculated and the basic needs budget for households developed pursuant to this section to the Legislature if funds have been appropriated for these purposes. [PL 2011, c. 569, §3 (NEW).]
26 M.R.S. § 1308 — ME Code / Title 26 / Chapter 15 / Section 1308
26 §1308. Prevailing wages and benefits established at regular intervals; how determined
Status: in_force

1. Determination of wage and benefits rates. The Bureau of Labor Standards shall investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in this State. To determine the prevailing hourly wage and benefits rate, the bureau shall: A. Collect a set of data by conducting a survey of wages and benefits during the 2nd and 3rd week of July of each year; [PL 2023, c. 333, §1 (AMD).] B. Collect a 2nd set of data through certified payroll submissions on state construction of public works during the 2nd and 3rd week of July of each year from any state agency that contracts for the construction of public works; and [PL 2023, c. 333, §1 (AMD).] C. Collect a 3rd set of data for the job classification under the federal Davis-Bacon Act. [PL 2023, c. 333, §1 (NEW).] Survey data collected pursuant to paragraph A and certified payroll data collected pursuant to paragraph B must be submitted to the bureau by the 2nd week of October. Each year, labor unions shall submit the most recent collectively bargained rates to the bureau. The bureau shall use the highest wage and benefits information of the 3 data sets collected pursuant to paragraphs A, B and C to determine the prevailing hourly wage and benefits rate. For any classification, if that rate represents a decrease from the prevailing hourly wage and benefits rate as published in the immediately preceding year, the bureau shall adjust the rate to ensure that the decrease is not more than 15%. The bureau shall ascertain and consider wage and benefits information received from construction trade associations and labor unions that are paid generally in the locality where the construction of the public works is to be performed in its determination of prevailing rates. For purposes of this subsection, "benefits" means health and welfare contributions, pension or individual retirement account contributions and vacation and annuity contributions, per diem in lieu of wages and any other form of payment, except for wages, made to or on behalf of the employee. If a defined contribution amount is not established, the most accurate estimated value of contributions must be included. [PL 2025, c. 476, Pt. A, §8 (AMD).]

1-A. Surveys. The director may require any person to provide information on the wages and benefits provided to that person's employees and such other information as is needed to determine the prevailing wage and benefits. The director may assess a fine of up to $250 for the first offense, $500 for a 2nd offense and $1,000 for any subsequent offense against any person who fails to provide the information as requested. [PL 2019, c. 545, §2 (AMD).]

1-B. Additional trades. Any party affected by this chapter that believes that there are more than 10 workers employed in the State in a laborer, worker or mechanic trade or occupation for which no wage and benefit rates were set based on the previous survey may petition the director for inclusion of that trade or occupation in a supplemental survey. The director shall determine if the proposed trade or occupation is a definable trade or occupation, is one that has been or will be used in construction of public works covered by this chapter and is underrepresented in the survey process. If the director confirms these conditions, notwithstanding any other provision of this chapter, the director may institute supplemental survey processes to establish wage and benefit rates for the trade or occupation. These supplemental survey processes must be conducted in coordination with the regular survey and designed to minimize the burden on any employer required to respond. [PL 2005, c. 232, §1 (NEW).]

2. Certified copies. A copy of any determination made at the request of the public authority must be certified by the director and filed immediately with the public authority. Copies must be supplied by the bureau to all persons requesting same within 10 days after the filing. [PL 1999, c. 581, §1 (AMD).]

3. Appeal. Any person affected by the determination of the director, whether or not that person participated in the proceedings resulting in the determination, may appeal to the commissioner from that determination by filing a written notice with the commissioner stating the specific grounds of that person's objection within 10 days from the filing of the copy of the determination with the public authority. The commissioner shall hold a hearing on the appeal, pursuant to Title 5, chapter 375, subchapter IV , within 20 days from the receipt of notice of appeal. The hearing by the commissioner must be held in Augusta. The commissioner has the authority to affirm, reverse or amend the determination of the director. The commissioner shall render a decision within 10 days after the conclusion of the hearing. [PL 1999, c. 581, §1 (AMD).]
26 M.R.S. § 628-A — ME Code / Title 26 / Chapter 7 / Section 628-A
26 §628-A. Compensation history inquiry prohibited
Status: in_force

1. Legislative findings and intent. The Legislature finds that despite requirements regarding equal pay having been a part of the laws of Maine since 1965, wage inequality is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens and to the economy of the State. The Legislature finds that when employers base compensation decisions on compensation history of a prospective employee, it directly perpetuates this wage inequality. An employer's knowledge of a prospective employee's compensation history is directly related to the practice of basing compensation decisions on compensation history. It is the intent of the Legislature to promote the payment of equal compensation for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility and to prevent unlawful employment discrimination with respect to compensation. [PL 2019, c. 35, §4 (NEW).]

2. Prohibition. An employer may not use or inquire about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee unless an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee, after which the employer may inquire about or confirm the prospective employee's compensation history. [PL 2019, c. 35, §4 (NEW).]

3. Exception. This section does not apply to an employer who inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes. [PL 2019, c. 35, §4 (NEW).]

4. Penalty. This section may be enforced pursuant to section 626‑A . The civil action provided pursuant to section 626‑A may be brought to enforce this section by or on behalf of a person affected by a violation of subsection 2 or by the Department of Labor on behalf of a person affected by a violation of subsection 2 , and the plaintiff or plaintiffs may also seek judgment for compensatory damages. [PL 2019, c. 35, §4 (NEW).]