26 M.R.S. § 646 — ME Code / Title 26 / Chapter 7 / Section 646
26 §646. Violations; enforcement
Status: in_force

1. Joint and several liability. If more than one person or entity is an employer of the same worker or group of workers, each such person or entity is jointly and severally liable for all violations of this subchapter. [PL 2009, c. 201, §9 (AMD).]

2. Enforcement by bureau. The bureau may inspect vehicles subject to this subchapter and used to transport workers and may enforce compliance with this subchapter in accordance with this section. A. A duly designated officer of the bureau may enter into any structure or upon any real property in or on which a vehicle subject to this subchapter and used to transport workers is found in accordance with the process established in section 587 in order to determine compliance with this subchapter and any rules adopted to implement this subchapter. [PL 2009, c. 201, §10 (AMD).] B. Upon the written request of the bureau, the Department of Transportation and the Department of Public Safety shall provide any technical services that may be required by the bureau to assist with inspections and enforcement of this subchapter. [PL 2003, c. 616, §1 (NEW).] [PL 2009, c. 201, §10 (AMD).]

3. Civil violation. An employer who violates this subchapter or any of the rules adopted to implement this subchapter commits a civil violation for which a fine of not less than $100 nor more than $1,000 for each violation, payable to the State, may be adjudged. A. Each day that a violation remains uncorrected following notice to the employer may be counted as a separate violation. [PL 2003, c. 616, §1 (NEW).] B. The bureau may direct an employer to correct any violations in a manner and within a time frame that the bureau determines appropriate to ensure compliance with this subchapter and with the rules adopted to implement this subchapter or to protect the public health. Failure to correct violations within a time frame established by the bureau constitutes a separate violation subject to fine. [PL 2003, c. 616, §1 (NEW).] C. The Attorney General may bring an action to seek fines under this subsection, to enjoin violations of this subchapter and for any other available remedy. [PL 2003, c. 616, §1 (NEW).] [PL 2003, c. 616, §1 (NEW).]
26 M.R.S. § 1048 — ME Code / Title 26 / Chapter 13 / Section 1048
26 §1048. Separability of provisions
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
26 M.R.S. § 1042 — ME Code / Title 26 / Chapter 13 / Section 1042
26 §1042. Policy
Status: in_force

Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this State. Unemployment is therefore a subject of general interest and concern that requires appropriate action by the Legislature to prevent its spread and to lighten its burden, which may fall upon the unemployed worker, the unemployed worker's family and the entire community. The achievement of social security requires protection against this greatest hazard of our economic life. This objective can be furthered by operating free public employment offices in affiliation with a nationwide system of public employment services; by devising appropriate methods for reducing the volume of unemployment; and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power, promoting the use of the highest skills of unemployed workers and limiting the serious social consequences of unemployment. [RR 2023, c. 2, Pt. E, §71 (COR).]
26 M.R.S. § 850-Q — ME Code / Title 26 / Chapter 7 / Section 850-Q
26 §850-Q. Rulemaking
Status: in_force

The department shall adopt rules as necessary to implement this subchapter. Initial rules necessary for implementation of this subchapter must be adopted by the department by January 1, 2025. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 1191 — ME Code / Title 26 / Chapter 13 / Section 1191
26 §1191. Payment and amounts
Status: in_force

1. Payment of benefits. Benefits must be paid from the Unemployment Compensation Fund through public employment offices or such other agencies as the commissioner may by rule prescribe, and in accordance with such rules as the commissioner may prescribe. [PL 2021, c. 456, §14 (AMD).]

2. Weekly benefit amount for total unemployment. Each eligible individual establishing a benefit year on or after October 1, 1983 and before January 1, 2000 who is totally unemployed in any week must be paid with respect to that week benefits equal to 1/22 of the wages, rounded to the nearest lower full dollar amount, paid to that individual in the high quarter of the base period, but not less than $12. Each eligible individual establishing a benefit year on or after January 1, 2000 who is totally unemployed in any week must be paid with respect to that week benefits equal to 1/22 of the average of the wages, rounded to the nearest lower full dollar amount, paid to that individual in the 2 highest quarters of the base period. The maximum weekly benefit amount for claimants requesting insured status determination beginning October 1, 1983 and thereafter from June 1st of a calendar year to May 31st of the next calendar year may not exceed 52% of the annual average weekly wage, rounded to the nearest lower full dollar amount, paid in the calendar year preceding June 1st of that calendar year. For the period from September 28, 1997 to December 31, 1999, the maximum weekly benefit amount is limited to 94% of the amount calculated previously in this subsection, rounded to the nearest lower full dollar amount. For claimants requesting insured status determination on or after April 1, 1995 and before January 1, 2000, the weekly benefit amount must be the amount determined by this subsection minus $3. [PL 1999, c. 464, §6 (AMD).]

3. Weekly benefit for partial unemployment. Each eligible individual who is partially unemployed in any week must be paid a partial benefit for that week. The partial benefit is equal to the weekly benefit amount less the individual's weekly earnings in excess of $25, except that, beginning the first full benefit week beginning on or after January 1, 2018, the partial benefit is equal to the weekly benefit amount less the individual's weekly earnings in excess of $100. On the first Sunday of June 2022 and each first Sunday of June thereafter, the individual’s earnings disregard 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 December of the previous year over the level as of December 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 individual’s earnings disregard rounded up to the nearest dollar. The following amounts are not considered wages for purposes of this subsection: A. Amounts received from the Federal Government by a member of the National Guard and organized reserve, including base pay and allowances; [PL 2009, c. 466, §1 (NEW).] B. Amounts received as a volunteer firefighter or as a volunteer emergency medical services person; [PL 2009, c. 466, §1 (NEW).] C. Amounts received as an elected member of the Legislature; and [PL 2009, c. 466, §1 (NEW).] D. Earnings for the week received as a result of participation in full-time training under the United States Trade Act of 1974 as amended by the United States Trade and Globalization Adjustment Assistance Act of 2009 up to an amount equal to the individual’s most recent weekly benefit amount. [PL 2009, c. 466, §1 (NEW).] [PL 2021, c. 456, §15 (AMD).]

4. Maximum amount of benefits. The maximum amount of benefits that may be paid to any eligible individual with respect to any benefit year, whether for total or partial unemployment, may not exceed the lesser of 26 times the individual's weekly benefit amount or 33 1/3%, rounded to the nearest dollar, of the individual's total wages paid for insured work during the individual's base period, plus the supplemental weekly benefit for dependents payable under subsection 6 . A. If a dislocated worker, as defined in section 1196, subsection 1 , qualifies for additional benefits under section 1196, subsection 1‑A , or exhausts the worker's entitlement to benefits available to the worker under this subsection, the maximum amount under this subsection is the product of the worker's most recent weekly benefit amount multiplied by the number of weeks in which the worker thereafter attends an approved training program. An increase may not be made under this paragraph, with respect to any benefit period, greater than 26 times the individual's weekly benefit amount. (1) Benefits paid to an individual under this paragraph may not be charged against the experience rating record of any employer, but must be charged to the General Fund. (2) Benefits may not be paid under this paragraph to an individual: (b) Until the individual has exhausted benefits for which the individual is eligible under an unemployment insurance benefit program funded in whole or in part by the State or the Federal Government; or (c) 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 the United States Trade Act of 1974 may receive benefits for the number of weeks by which that individual's benefits under that Act are less than 26 weeks. [RR 2025, c. 1, Pt. A, §35 (COR).] [RR 2025, c. 1, Pt. A, §35 (COR).]

5. Minimum amount of benefits. An individual otherwise eligible for benefits, whether for total or partial unemployment, with respect to any benefit year may not be considered to have exhausted that individual's benefits in any benefit year until that individual has received in benefits at least $300, notwithstanding any other provision in this chapter to the contrary. [RR 2023, c. 2, Pt. E, §88 (COR).]

6. Supplemental benefit for dependents. An individual in total or partial unemployment and otherwise eligible for benefits must be paid for each week of that unemployment, in addition to the amounts payable under subsections 2 and 3 , the sum of $25 for each unemancipated child of the individual who in any part of the benefit year and during any part of the individual's period of eligibility is, in fact, dependent upon and is being supported by the individual, and who is under the age of 18, or who is 18 years of age or over and incapable of earning wages because of mental or physical incapacity, or who is a full-time student as defined in Title 39‑A, section 102, subsection 8, paragraph C , or who is in that individual's custody pending the adjudication of a petition filed by the individual for the adoption of the child in a court of competent jurisdiction and for each such child for whom that individual is under a decree or order from a court of competent jurisdiction to contribute to that child's support and for whom no other person is receiving allowances hereunder. In no instance may the dependency benefits as provided in this subsection be more than 75% of the individual's weekly benefit amount. Only one individual is entitled to a dependency allowance for the same dependent with respect to any week. The commissioner shall prescribe rules as to who may receive a dependency allowance when both spouses are eligible to receive unemployment compensation benefits. [PL 2021, c. 456, §16 (AMD).]

7. Child support obligations deducted and withheld from benefits. Child support obligations shall be deducted and withheld from benefits as follows. A. An individual filing a new claim for unemployment compensation on and after October 1, 1982 shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under paragraph G . If an individual discloses that that individual owes child support obligations and is determined to be eligible for unemployment compensation, the commissioner shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined to be eligible for unemployment compensation. The state or local child support enforcement agency shall biweekly provide the commissioner by magnetic tape or other automated process with identification of individuals who owe child support obligations as defined under paragraph G . [PL 1993, c. 6, Pt. C, §10 (AMD).] B. Notwithstanding any other provisions of this chapter, the commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations and who has been reported under paragraph A : (1) Amounts in excess of income exempt under Title 19‑A, section 2356 , if neither subparagraph (2) nor subparagraph (3) applies; (2) The amount, if any, determined pursuant to an agreement submitted to the commissioner under the United States Social Security Act, Section 454 (20) (B) (i), by the state or local child support enforcement agency, unless subparagraph (3) applies; or (3) Any amount otherwise required to be so deducted and withheld from the unemployment compensation pursuant to legal process, as that term is defined in the United States Social Security Act, Section 462 (e), properly served upon the commissioner, whether or not the individual has been reported under paragraph A . [PL 1995, c. 694, Pt. D, §53 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Any amount deducted and withheld under paragraph B shall be paid by the commissioner to the appropriate state or local child support enforcement agency. [PL 1981, c. 548, §1 (NEW).] D. Any amount deducted and withheld under paragraph B shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations. [PL 1981, c. 548, §1 (NEW).] E. For purposes of paragraphs A to D , the term, "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment. [PL 1981, c. 548, §1 (NEW).] F. This subsection applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the commissioner under this subsection which are attributable to child support obligations being enforced by the state or local child support enforcement agency. [PL 1981, c. 548, §1 (NEW).] G. The term "child support obligations" is defined for purposes of this subsection as including only obligations which are being enforced pursuant to a plan described in the United States Social Security Act, Section 454, which has been approved by the Secretary of Health and Human Services under the United States Social Security Act, Title IV, Part D. [PL 1981, c. 548, §1 (NEW).] H. The term "state or local child support enforcement agency" as used in this subsection means any agency of this State or a political subdivision thereof operating pursuant to a plan described in paragraph G . [PL 1981, c. 548, §1 (NEW).] [PL 1995, c. 694, Pt. D, §53 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).]

8. Unemployment compensation; rounded to lowest dollar amount. Notwithstanding any other provisions of this law to the contrary, any amount of unemployment compensation payable to any individual for any week if not an even dollar amount, shall be rounded to the next lower full dollar amount. [PL 1983, c. 13, §6 (NEW).]

9. Voluntary withholding of income tax. Individuals must be notified that federal, state and local income tax may be withheld from payments made on or after January 1, 1997 as follows. A. An individual filing a new claim for unemployment compensation must be advised at the time of filing the claim, that: (1) Unemployment compensation is subject to federal and state income taxes; (2) Requirements exist pertaining to estimated tax payments; (3) The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the federal Internal Revenue Code; (4) Notwithstanding the requirements of Title 36, section 5255‑B , the individual may elect to have state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of 5%; and (5) The individual must be permitted to change a previously elected withholding status. [PL 1995, c. 554, §1 (NEW).] B. Amounts deducted and withheld from unemployment compensation remain in the unemployment compensation fund until transferred to the federal or state taxing authority as a payment of income tax. [PL 1995, c. 554, §1 (NEW).] C. The commissioner shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax. [PL 1995, c. 554, §1 (NEW).] D. Amounts may be deducted and withheld under this subsection only after amounts are deducted and withheld for any overpayments, child support obligations, Supplemental Nutrition Assistance Program overissues or any other amounts required to be deducted and withheld under this chapter. [PL 2023, c. 405, Pt. C, §16 (AMD).] For purposes of this subsection, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment. [PL 2023, c. 405, Pt. C, §16 (AMD).]

10. Estimated benefit. Upon inquiry from an individual, the Department of Labor shall provide an estimate of the amount and duration of benefits likely to be paid to that individual under this chapter if the individual applied for benefits that day. If the inquiry is made within 2 weeks before the beginning of a calendar quarter, the Department of Labor shall also provide an estimate of the duration and amount of benefits likely to be paid to that individual if the individual applied for benefits after the beginning of that calendar quarter. Inquiries under this subsection may be made and answered over the telephone and are not considered applications for benefits. [PL 2003, c. 95, §1 (NEW).]
26 M.R.S. § 1221 — ME Code / Title 26 / Chapter 13 / Section 1221
26 §1221. Payments; rates; amounts
Status: in_force

1. Payment. A. Contributions accrue and become payable by each employer subject to this chapter, other than those liable for payments in lieu of contributions, for each calendar year in which the employer is subject to this chapter, with respect to wages for employment, as defined in section 1043, subsection 11 . These contributions become due and must be paid by each employer to the bureau for the fund on or before the last day of the month following the close of the calendar quarter to which the contributions relate and may not be deducted, in whole or in part, from the wages of the employees. [PL 1995, c. 657, §3 (AMD); PL 1995, c. 657, §10 (AFF).] B. In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to 1/2¢ or more, in which case it shall be increased to 1. [PL 1995, c. 657, §3 (AMD); PL 1995, c. 657, §10 (AFF).]

2. Rate of contribution. Each employer subject to this chapter, other than those liable for payments in lieu of contributions, shall pay contributions at the rate of 5.4% of the wages paid by the employer with respect to employment during each calendar year, except as otherwise prescribed in subsection 4 . A. [PL 1985, c. 348, §9 (RP).] B. [PL 1983, c. 16 (NEW); MRSA T. 26 §1221, sub-§2, ¶B (RP).] C. Each employer subject to this chapter, other than those liable for payments in lieu of contributions, shall pay, in addition to the contribution rate as prescribed in subsection 4 , 7/10 of 1% of the wages paid by the employer with respect to employment during the calendar year 1993, 8/10 of 1% of the wages paid by the employer with respect to employment during the calendar year 1994 and 4/10 of 1% of the wages paid by the employer with respect to employment during calendar years 1995, 1996, 1997, 1998 and 1999. [PL 1997, c. 745, §2 (AMD).] [RR 2023, c. 2, Pt. E, §107 (COR).]

3. Experience rating record. A. At the time the status of an employing unit is ascertained to be that of an employer, the commissioner shall establish and maintain, until the employer status is terminated, for the employer an experience rating record, to which are credited all the contributions that the employer pays on the employer's own behalf. This chapter may not be construed to grant any employer or individuals in the employer's service prior claims or rights to the amounts paid by the employer into the fund. Benefits paid to an eligible individual under the Employment Security Law must be charged against the experience rating record of the claimant's most recent subject employer or to the General Fund if the otherwise chargeable experience rating record is that of an employer whose status as such has been terminated; except that no charge may be made to an individual employer but must be made to the General Fund if the commission finds that: (1) The claimant's separation from the claimant's last employer was for misconduct in connection with the claimant's employment or was voluntary without good cause attributable to the employer; (2) The claimant has refused to accept reemployment in suitable work when offered by a previous employer, without good cause attributable to the employer; (3) Benefits paid are not chargeable against any employer's experience rating record in accordance with section 1194, subsection 11, paragraphs B and C ; (5) Reimbursements are made to a state, the Virgin Islands or Canada for benefits paid to a claimant under a reciprocal benefits arrangement as authorized in section 1082, subsection 12 , as long as the wages of the claimant transferred to the other state, the Virgin Islands or Canada under such an arrangement are less than the amount of wages for insured work required for benefit purposes by section 1192‑A, subsection 2, paragraph F ; (6) The claimant was hired by the claimant's last employer to fill a position left open by a Legislator given a leave of absence under chapter 7, subchapter 5‑A , and the claimant's separation from this employer was because the employer restored the Legislator to the position after the Legislator's leave of absence as required by chapter 7, subchapter 5‑A ; (7) The claimant was hired by the claimant's last employer to fill a position left open by an individual who left to enter active duty in the United States military, and the claimant's separation from this employer was because the employer restored the military serviceperson to the person's former employment upon separation from military service; (8) The claimant was hired by the claimant's last employer to fill a position left open by an individual given a leave of absence for family medical leave provided under Maine or federal law, and the claimant's separation from this employer was because the employer restored the individual to the position at the completion of the leave; or (9) The claimant initiated a partial separation or reduction of hours and that partial separation or reduction of hours was agreed to by the employee and employer. [PL 2025, c. 235, §21 (AMD).] A-1. [PL 1989, c. 363, §2 (RP).] A-2. No charge shall be made to an individual employer or governmental entity for benefits paid to any individual whose base-period wages include wages for previously uncovered services as defined in section 1043, subsection 19, paragraph C to the extent that the unemployment compensation fund is reimbursed for such benefits pursuant to section 121 of PL 94-566. No charge shall be made to an employer or governmental entity for benefits paid to any individual if eligibility for such benefits would not have been established but for the use of wages paid for previously uncovered services. [PL 1977, c. 570, §26 (NEW).] B. The commissioner shall classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits charged against their experience rating records and shall submit in the commissioner's annual report to the Governor the results of the actual experience in payment of contributions on behalf of the individual employers and with respect to benefits charged to their experience rating records together with the recommendations relative to the advisability of the continuance of the rates based on benefit experience. [RR 2023, c. 2, Pt. E, §108 (COR).] C. [PL 2011, c. 499, §1 (AMD); MRSA T. 26 §1221, sub-§3, ¶C (RP).] C-1. [PL 2017, c. 284, Pt. CCCCC, §3 (RP).] C-2. For the purposes of paragraph A , the experience rating record of the most recent subject employer may not be charged with benefits paid to a claimant whose work record with that employer totaled 5 consecutive weeks or less of total or partial employment, in which case the most recent subject employer with whom the claimant's work record exceeded 5 consecutive weeks of total or partial employment must be charged if that employer would have otherwise been chargeable had not subsequent employment intervened. [PL 2019, c. 585, §2 (NEW).] D. This subsection shall apply only to employers subject to payment of contributions as provided in subsections 1 and 2 . [PL 1971, c. 538, §37 (NEW).] E. An employer's experience rating record may not be relieved of charges relating to an erroneous payment from the fund if the bureau determines that: (1) The erroneous payment was made because the employer or agent of the employer was at fault for failing to respond timely or adequately to a written or electronic request from the bureau for information relating to the claim for unemployment compensation; and (2) The employer or agent of the employer has established a pattern of failing to respond timely or adequately to written or electronic requests from the bureau for information relating to claims for unemployment compensation. A determination of the bureau not to relieve charges pursuant to this paragraph is subject to appeal as other determinations of the bureau with respect to the charging of employers' experience rating records. [PL 2013, c. 314, §3 (NEW); PL 2013, c. 314, §6 (AFF).] [PL 2025, c. 235, §21 (AMD).]

4. Employer's experience classifications. The commissioner shall compute annually contribution rates for each employer based on the employer's experience rating record and shall designate a contribution rate schedule. A. The standard rate of contributions is 5.4%. A contributing employer's rate may not be varied from the standard rate, unless and until the employer's experience rating record has been chargeable with benefits throughout the 24-consecutive-calendar-month period ending on the computation date applicable to that year; each contributing employer newly subject to this chapter shall pay contributions at the average contribution rate, rounded to the next higher 1/10 of 1%, on the taxable wages reported by contributing employers for the 12-month period immediately preceding the last computation date, except that the rate may not exceed 3.0% nor be less than 1% and except that, with respect to the rate year beginning January 1, 1986, and each rate year thereafter, the rate may not exceed 4.0% nor be less than 1%, until such time as the employer's experience rating record has been chargeable with benefits throughout the 24-consecutive-calendar-month period ending on the computation date applicable to that year, and for rate years thereafter the employer's contribution rate is determined in accordance with subsection 3 and this subsection. [RR 2023, c. 2, Pt. E, §109 (COR).] B. Subject to paragraph A , each employer's contribution rate for the 12-month period commencing January 1st of each year is based upon the employer's experience rating record and determined from the employer's reserve ratio, which is the percent obtained by dividing the amount by which, if any, the employer's contributions credited from the time the employer first or most recently became an employer, whichever date is later, and up to and including June 30th of the preceding year, including any part of the employer's contributions due for that year paid on or before July 31st of that year, exceed the employer's benefits charged during the same period, by the employer's average annual payroll for the 36-consecutive-month period ending June 30th of the preceding year. The employer's contribution rate is the percent shown on the line of the following table on which in column A there is indicated the employer's reserve ratio and under the schedule within which the reserve multiple falls as of September 30th of each year. The following table applies for each 12-month period commencing January 1st of each year as determined by paragraph C . EMPLOYER'S CONTRIBUTION RATE IN PERCENT OF WAGES Employer Reserve Ratio When Reserve Multiple is: Equal to or Less over 2.37- 2.23- 2.09- 1.95- 1.81- 1.67- 1.53- more than than 2.50 2.50 2.36 2.22 2.08 1.94 1.80 1.66 Column A Schedules A B C D E F G H 19.0% and over 0.5% 0.6% 0.7% 0.8% 0.9% 1.0% 1.1% 1.2% 18.0% 19.0% 0.6% 0.7% 0.8% 0.9% 1.0% 1.1% 1.2% 1.3% 17.0% 18.0% 0.7% 0.8% 0.9% 1.0% 1.1% 1.2% 1.3% 1.4% 16.0% 17.0% 0.8% 0.9% 1.0% 1.1% 1.2% 1.3% 1.4% 1.5% 15.0% 16.0% 0.9% 1.0% 1.1% 1.2% 1.3% 1.4% 1.5% 1.6% 14.0% 15.0% 1.0% 1.1% 1.2% 1.3% 1.4% 1.5% 1.6% 1.7% 13.0% 14.0% 1.1% 1.2% 1.3% 1.4% 1.5% 1.6% 1.7% 1.8% 12.0% 13.0% 1.2% 1.3% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 11.0% 12.0% 1.3% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 10.0% 11.0% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 9.0% 10.0% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 8.0% 9.0% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 7.0% 8.0% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 6.0% 7.0% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 5.0% 6.0% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6% 4.0% 5.0% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6% 2.7% 3.0% 4.0% 2.2% 2.3% 2.4% 2.5% 2.6% 2.7% 2.8% 2.9% 2.0% 3.0% 2.4% 2.5% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 1.0% 2.0% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3% .0% 1.0% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% -1.0% .0% 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7% -2.0% -1.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7% 3.8% -3.0% -2.0% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% -4.0% -3.0% 3.3% 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0% -5.0% -4.0% 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% -6.0% -5.0% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% -7.0% -6.0% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% -8.0% -7.0% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% -9.0% -8.0% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% -10.0% -9.0% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% -11.0% -10.0% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8% 4.9% -12.0% -11.0% 4.4% 4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1% under -12.0% 6.4% 6.4% 6.4% 6.4% 6.4% 6.4% 6.4% 6.4% EMPLOYER'S CONTRIBUTION RATE IN PERCENT OF WAGES Employer Reserve Ratio When Reserve Multiple is: Equal to or Less 1.39- 1.25- 1.11- .97- .83- .68- .45- under more than than 1.52 1.38 1.24 1.10 .96 .82 .67 .45 Column A Schedules I J K L M N O P 19.0% and over 1.3% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 2.4% 18.0% 19.0% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.5% 17.0% 18.0% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.6% 16.0% 17.0% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.7% 15.0% 16.0% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.8% 14.0% 15.0% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.9% 13.0% 14.0% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 3.0% 12.0% 13.0% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6% 3.1% 11.0% 12.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6% 2.7% 3.2% 10.0% 11.0% 2.2% 2.3% 2.4% 2.5% 2.5% 2.7% 2.8% 3.3% 9.0% 10.0% 2.3% 2.4% 2.5% 2.6% 2.7% 2.8% 2.9% 3.4% 8.0% 9.0% 2.4% 2.5% 2.6% 2.7% 2.8% 2.9% 3.0% 3.5% 7.0% 8.0% 2.5% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.6% 6.0% 7.0% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.7% 5.0% 6.0% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3% 3.8% 4.0% 5.0% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3% 3.4% 3.9% 3.0% 4.0% 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 4.1% 2.0% 3.0% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7% 3.8% 4.3% 1.0% 2.0% 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.5% .0% 1.0% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.7% -1.0% .0% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.9% -2.0% -1.0% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 5.0% -3.0% -2.0% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 5.1% -4.0% -3.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 5.2% -5.0% -4.0% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8% 5.3% -6.0% -5.0% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8% 4.9% 5.4% -7.0% -6.0% 4.4% 4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.5% -8.0% -7.0% 4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1% 5.6% -9.0% -8.0% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1% 5.2% 5.7% -10.0% -9.0% 4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.9% -11.0% -10.0% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5% 5.6% 6.1% -12.0% -11.0% 5.2% 5.3% 5.4% 5.5% 5.6% 5.7% 5.8% 6.3% under -12.0% 6.4% 6.4% 6.4% 6.4% 6.4% 6.4% 6.4% 6.4% [PL 2017, c. 284, Pt. CCCCC, §4 (AMD).] C. To designate the contribution rate schedule to be effective for a rate year, a reserve multiple must be determined. The reserve multiple must be determined by dividing the fund reserve ratio by the composite cost rate. The determination date is September 30th of each calendar year, and the schedule of contribution rates to apply for the 12-month period commencing January 1st, is determined by this reserve multiple, except that for the 1998 and 1999 rate years Schedule P is in effect. [PL 1997, c. 745, §3 (AMD).] D. As used in this section, the words "contributions credited" and "benefits charged" mean the contributions credited to and the benefits paid and chargeable against the experience rating record of an employer as provided in subsection 3 , including all contributions due and paid on or before July 31st following the computation date and all benefits paid and chargeable on or before the computation date. [RR 2023, c. 2, Pt. E, §109 (COR).] E. The commissioner: (1) Shall promptly notify each employer of the employer's rate of contributions as determined for the 12-month period commencing January 1st of each year pursuant to this section. The determination becomes conclusive and binding upon the employer unless, within 15 days after the mailing of notice thereof to the employer's last known address or in the absence of mailing, within 15 days after the delivery of the notice, the employer files an application for review and redetermination, setting forth the employer's reasons for filing. If the commission grants the review, the employer must be promptly notified thereof and must be granted an opportunity for a hearing, but an employer does not have standing, in any proceedings involving the employer's rate of contributions or contribution liability, to contest the chargeability to the employer's experience rating record of any benefits paid in accordance with a determination, redetermination or decision pursuant to section 1194 except upon the ground that the services on the basis of which these benefits were found to be chargeable did not constitute services performed in employment for the employer and only in the event that the employer was not a party to the determination, redetermination or decision or to any other proceedings under this chapter in which the character of these services was determined. The employer must be promptly notified of the commission's denial of the employer's application, or the commission's redetermination, both of which are subject to appeal pursuant to Title 5, chapter 375, subchapter 7 ; and (2) Shall provide each employer at least monthly with a notification of benefits paid and chargeable to the employer's experience rating record, and any such notification, in the absence of an application for redetermination filed in such a manner and within such period as the commission may prescribe, becomes conclusive and binding upon the employer for all purposes. Such a redetermination, made after notice and opportunity for hearing, and the commission's findings of fact in connection with the redetermination, may be introduced in any subsequent administrative or judicial proceedings involving the determination of the rate of contributions of any employer for the 12-month period commencing January 1st of any year and is entitled to the same finality as is provided in this section with respect to the findings of fact made by the commission in proceedings to redetermine the contribution rates of an employer. [RR 2023, c. 2, Pt. E, §109 (COR).] F. Notwithstanding any other inconsistent law, an employer who has been notified of the employer's rate of contribution as required by paragraph E , subparagraph (1), for any year commencing January 1st, may voluntarily make payment of additional contributions and, upon that payment, is entitled to promptly receive a recomputation and renotification of the employer's contribution rate for that year, including in the calculation the additional contributions so made. Any such additional contribution must be made during the 30-day period following the date of the mailing to the employer of the notice of the employer's contribution rate in any year unless, for good cause, the time of payment has been extended by the commissioner for a period not to exceed an additional 10 days. [RR 2023, c. 2, Pt. E, §109 (COR).] [RR 2023, c. 2, Pt. E, §109 (COR).]

4-A. Employer's experience classifications after January 1, 2000. For rate years commencing on or after January 1, 2000, the commissioner shall compute annually contribution rates for each employer based on the employer's own experience rating record and shall designate a schedule and planned yield. A. The standard rate of contributions is 5.4%. A contributing employer's rate may not be varied from the standard rate unless the employer's experience rating record has been chargeable with benefits throughout the period of 24 consecutive calendar months ending on the computation date applicable to such a year. A contributing employer newly subject to this chapter shall pay contributions at a rate equal to the greater of the predetermined yield or 1.0% until the employer's experience rating record has been chargeable with benefits throughout the period of 24 consecutive calendar months ending on the computation date applicable to such a year. For rate years thereafter, the employer's contribution rate is determined in accordance with this subsection and subsection 3 . Effective January 1, 2008, the contribution rate must be reduced by the Competitive Skills Scholarship Fund predetermined yield as defined in section 1166, subsection 1, paragraph C , except that a contribution rate under this paragraph may not be reduced below 1%. Effective January 1, 2021, the contribution rate must also be reduced by the Unemployment Program Administrative Fund predetermined yield as defined in section 1167, subsection 1, paragraph C , except that a contribution rate under this paragraph may not be reduced below 1%. [PL 2019, c. 616, Pt. EE, §1 (AMD).] B. Subject to paragraph A , an employer's contribution rate for the 12-month period commencing January 1st of each year is based upon the employer's experience rating record and determined from the employer's reserve ratio. The employer's reserve ratio is the percent obtained by dividing the amount, if any, by which the employer's contributions, credited from the time the employer first or most recently became an employer, whichever date is later, up to and including June 30th of the preceding year, including any part of the employer's contributions due for that year paid on or before July 31st of that year, exceed the employer's benefits charged during the same period, by the employer's average annual payroll for the period of 36 consecutive months ending June 30th of the preceding year. The employer's contribution rate is determined under subparagraphs (1) to (8). (1) The commissioner shall prepare a schedule listing all employers for whom a reserve ratio has been computed pursuant to this paragraph, in the order of their reserve ratios, beginning with the highest ratio. For each employer, the schedule must show: (a) The amount of the employer's reserve ratio; (b) The amount of the employer's annual taxable payroll; and (c) A cumulative total consisting of the amount of the employer's annual taxable payroll plus the amount of the annual taxable payrolls of all other employers preceding the employer on the list. (2) The commissioner shall segregate employers into contribution categories in accordance with the cumulative totals under subparagraph (1), division (c). The contribution category is determined by the cumulative payroll percentage limits in column B. Each contribution category is identified by the contribution category number in column A that is opposite the figures in column B, which represent the percentage limits of each contribution category. If an employer's taxable payroll falls in more than one contribution category, the employer must be assigned to the lower-numbered contribution category, except that an employer may not be assigned to a higher contribution category than is assigned any other employer with the same reserve ratio. A B C D E Contribution Category % of Taxable Payrolls From To Experience Factors Phase-in Experience Factors 2002 and 2003 Phase-in Experience Factors 2000 and 2001 1 00.00 05.00 .30 .38750 .4750 2 05.01 10.00 .35 .43125 .5125 3 10.01 15.00 .40 .47500 .5500 4 15.01 20.00 .45 .51875 .5875 5 20.01 25.00 .50 .56250 .6250 6 25.01 30.00 .55 .60625 .6625 7 30.01 35.00 .60 .65000 .7000 8 35.01 40.00 .65 .69375 .7375 9 40.01 45.00 .70 .73750 .7750 10 45.01 50.00 .75 .78125 .8125 11 50.01 55.00 .80 .82500 .8500 12 55.01 60.00 .90 .91250 .9250 13 60.01 65.00 1.00 1.00000 1.0000 14 65.01 70.00 1.10 1.08750 1.0750 15 70.01 75.00 1.25 1.21875 1.1875 16 75.01 80.00 1.40 1.35000 1.3000 17 80.01 85.00 1.60 1.52500 1.4500 18 85.01 90.00 1.90 1.78750 1.6750 19 90.01 95.00 2.20 2.05000 1.9000 20 95.01 100.00 2.60 2.40000 2.2000 (3-A) Beginning January 1, 2008, the commissioner shall compute a reserve multiple to determine the schedule and planned yield in effect for a rate year. The reserve multiple is determined by dividing the fund reserve ratio by the average benefit cost rate. The determination date is October 31st of each calendar year. The schedule and planned yield that apply for the 12-month period commencing on January 1, 2008 and every January 1st thereafter are shown on the line of the following table that corresponds with the applicable reserve multiple in column A. A B C Reserve Schedule Planned Multiple Yield Over 1.58 A 0.6% 1.50 - 1.57 B 0.7% 1.42 - 1.49 C 0.8% 1.33 - 1.41 D 0.9% 1.25 - 1.32 E 1.0% .50 - 1.24 F 1.1% .25 - .49 G 1.2% Under .25 H 1.3% (4) The commissioner shall compute the predetermined yield by multiplying the ratio of total wages to taxable wages for the preceding calendar year by the planned yield. (5) The commissioner shall determine the contribution rates effective for a rate year by multiplying the predetermined yield by the experience factors for each contribution category. Contribution category 20 in the table in subparagraph (2) must be assigned a contribution rate of at least 5.4%. The employer's experience factor is the percentage shown in column C in the table in subparagraph (2) that corresponds with the employer's contribution category in column A, except that the experience factors in column E must be used to determine the contribution rates for rate years 2000 and 2001 and those in column D must be used for rate years 2002 and 2003. Beginning January 1, 2018, for rate years when schedule A is in effect as determined in subparagraph (3‑A), the experience factor in subparagraph (2) for contribution category 1 is assigned an experience factor of 0.00 in column C. (6) If, subsequent to the assignment of contribution rates for a rate year, the reserve ratio of an employer is recomputed and changed, the employer must be placed in the position on the schedule prepared pursuant to subparagraph (1) that the employer would have occupied had the corrected reserve ratio been shown on the schedule. The altered position on the schedule does not affect the position of any other employer. (7) In computing the contribution rates, only the wages reported by employers liable for payment of contributions into the fund and net benefits paid that are charged to an employer's experience rating record or to the fund are considered in the computation of the average benefit cost rate and the ratio of total wages to taxable wages. (8) Beginning January 1, 2008, all contribution rates must be reduced by the Competitive Skills Scholarship Fund predetermined yield as defined in section 1166, subsection 1, paragraph C , except that contribution category 20 under this paragraph may not be reduced below 5.4%. (9) Beginning January 1, 2021, the contribution rate must also be reduced by the Unemployment Program Administrative Fund predetermined yield as defined in section 1167, subsection 1, paragraph C , except that a contribution rate under this paragraph may not be reduced below 1%. [PL 2019, c. 616, Pt. EE, §2 (AMD).] C. The commissioner shall: (1) Promptly notify each employer of the employer's rate of contributions as determined for the 12-month period commencing January 1st of each year. The determination is conclusive and binding upon the employer unless within 30 days after notice of the determination is mailed to the employer's last known address or, in the absence of mailing, within 30 days after the delivery of the notice, the employer files an application for review and redetermination, setting forth the employer's reasons. If the Division of Administrative Hearings grants the review, the employer must be promptly notified and must be granted an opportunity for a hearing. An employer does not have standing in any proceedings involving the employer's rate of contributions or contribution liability to contest the chargeability to the employer's experience rating record of any benefits paid in accordance with a determination, redetermination or decision pursuant to section 1194 , except upon the ground that the services for which benefits were found to be chargeable did not constitute services performed in employment for the employer and only when the employer was not a party to the determination, redetermination or decision or to any other proceedings under this chapter in which the character of the services was determined. The employer must be promptly notified of the Division of Administrative Hearings' denial of the employer's application, which is subject to appeal pursuant to section 1226 ; and (2) Provide each employer at least monthly with a notification of benefits paid and chargeable to the employer's experience rating record. In the absence of an application for redetermination filed within 30 days after the notification was mailed, a notification is conclusive and binding upon the employer for all purposes. Any request for reconsideration must be made in accordance with section 1226 . [PL 2019, c. 585, §3 (AMD).] D. Notwithstanding the provisions of this subsection, contributions may not be reduced by the Competitive Skills Scholarship Fund predetermined yield as defined in section 1166, subsection 1, paragraph C for any rate year in which contribution rate schedule H under paragraph B is to be in effect. [PL 2007, c. 352, Pt. A, §2 (NEW).] [PL 2019, c. 585, §3 (AMD); PL 2019, c. 616, Pt. EE, §§1, 2 (AMD).]

5. Successor transfers of experience and assignment of rates; no common ownership. The following applies to the assignment of rates and transfers of experience in successor purchases when there is substantially no common ownership, management or control between purchaser and predecessor. A. Effective as of the date on which the business was acquired: (1) The executors, administrators, successors or assigns of a new employer who acquires the business of the predecessor employer in toto may acquire the experience rate of that employer with payrolls, contributions and benefits or may be assigned the state average contribution rate, whichever rate is lower; and (2) The executors, administrators, successors or assigns of an existing employer with an established experience rate who acquires the business of the predecessor employer in toto may acquire the experience rate of that predecessor employer with payrolls, contributions and benefits, which is then blended with the successor’s established experience rate to form a new rate, or retain the established experience rate of the successor, whichever is lower. [PL 2015, c. 107, §1 (RPR).] B. [PL 2007, c. 23, §1 (RP).] [PL 2015, c. 107, §1 (RPR).]

5-A. Transfers of experience and assignment of rates involving common ownership. The following applies to the assignment of rates and transfers of experience when there is substantial common ownership, management or control between the successor and predecessor employers. A. If: (1) An employer transfers its trade or business, or a portion of its trade or business, to another employer and, at the time of the transfer, there is substantially common ownership, management or control of the 2 employers, then the unemployment experience attributable to the transferred trade or business is transferred to the employer to whom the business is transferred. The rates of both employers must be recalculated and made effective immediately upon the date of the transfer of the trade or business. The transfer of some or all of an employer's workforce to another employer shall be considered a transfer of trade or business when, as the result of such transfer, the transferring employer no longer performs trade or business with respect to the transferred workforce, and such trade or business is performed by the employer to whom the workforce is transferred; and (2) Following a transfer of experience under subparagraph (1), the commissioner determines that the purpose of the transfer of trade or business was to obtain a reduced liability for contributions, then the experience rating accounts of the employers involved must be combined into a single account and a single rate assigned to such account. [RR 2005, c. 1, §12 (COR).] B. Whenever a person who is not an employer under this chapter acquires the trade or business of an employer, the unemployment experience of the acquired trade or business is not transferred to that person if the commissioner finds that the person acquired the trade or business solely or primarily for the purpose of obtaining a lower rate of contributions. In such circumstances, the person acquiring the trade or business is assigned the applicable new employer rate under subsection 4‑A . In determining whether the trade or business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the commissioner shall consider objective factors that may include the cost of acquiring the trade or business, whether the person continued the business enterprise of the acquired trade or business, how long the business enterprise was continued or whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition. [PL 2005, c. 120, §1 (NEW).] C. If a person knowingly violates or attempts to violate paragraph A or B or any other provision of this chapter related to determining the assignment of a contribution rate or if a person knowingly advises another person in a way that results in a violation of such a provision, the person commits a Class D crime. In addition, the person is subject to the following: (1) If the person is an employer, then that employer is assigned the highest rate assignable under this chapter for the rate year during which the violation or attempted violation occurred and for the 3 rate years immediately following that rate year, except that, if the person's business is already at the highest rate for any year or if the amount of increase in the person's rate would be less than 2% for such year, then a penalty rate of contributions of 2% of taxable wages is imposed for that year; and (2) If the person is not an employer, that person is subject to a fine of not more than $5,000, which must be deposited in the Special Administrative Expense Fund established under section 1164 . [PL 2005, c. 120, §1 (NEW).] D. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved. (2) "Person" has the meaning given that term by Section 7701(a)(1) of the Internal Revenue Code of 1986. (3) "Trade or business" includes the employer's workforce. (4) "Violates or attempts to violate" includes, but is not limited to, intent to evade, misrepresentation or willful nondisclosure. [PL 2005, c. 120, §1 (NEW).] E. The commissioner shall adopt rules to identify the transfer or acquisition of a business for purposes of this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 120, §1 (NEW).] F. This subsection must be interpreted and applied in such a manner as to meet the minimum requirements contained in any guidance or regulations issued by the United States Department of Labor. [PL 2005, c. 120, §1 (NEW).] [PL 2015, c. 107, §2 (AMD).]

6. Definitions. The following terms, as used in this section, have the following meanings, unless the context otherwise indicates. A. "Computation date" means June 30th of each calendar year, and the reserve ratio of each employer is determined by the commissioner as of that date. [PL 1999, c. 464, §10 (AMD).] B. "Effective date" means the date on which the new rates become effective and is January 1st of each calendar year. [PL 1999, c. 464, §10 (AMD).] C. "Fund reserve ratio" means the percentage obtained by dividing the net balance available for benefits payments as of September 30th of each calendar year by the total wages for the preceding calendar year. [PL 1981, c. 547, §3 (AMD).] D. "Cost rate" means the percentage obtained by dividing net benefits paid for a calendar year by the total wages for the same period. [PL 1973, c. 563, §3 (RPR).] E. "Net balance available for benefit payments" means the sum of the balance in the trust fund, the benefit fund and the clearing account after adjustment for outstanding checks and adjustment for funds in transit between either of the funds or the account. [PL 1999, c. 464, §10 (AMD).] F. "Rate year" means the 12-month period commencing January 1st of each year. [PL 1999, c. 464, §10 (AMD).] G. "Reserve multiple" means a measure of the fund reserve that expresses the current fund reserve ratio as a multiple of the composite cost rate. The reserve multiple must be rounded to 2 decimal places. For rate years that begin on and after January 1, 2000, the "reserve multiple" is a measure of the fund reserve that expresses the current fund reserve ratio as a multiple of the average benefit cost rate. [PL 1999, c. 464, §10 (AMD).] H. "Total wages" means the aggregate total wages paid in Maine for a calendar year in covered employment by contributing employers, as reported on employer contribution reports. [PL 1973, c. 563, §3 (AMD).] I. "Composite cost rate" means the arithmetic average of the annual cost rates for the last 15 completed calendar years multiplied by a factor of 1.95. Either the resulting composite rate applies for the reserve multiple calculation or the rate of 2.20, whichever is greater, but in no case may a composite cost rate higher than 2.83 apply. [PL 1999, c. 464, §10 (AMD).] J. "Average benefit cost rate" means the percentage obtained by averaging the 3 highest cost rates for the last 20 completed calendar years preceding the computation date. The rate is rounded down to the nearest 0.1%. [PL 1999, c. 464, §10 (NEW).] K. "Planned yield" means the percentage of total wages determined by the reserve multiple for the rate year in accordance with the table in subsection 4‑A, paragraph B , subparagraph (3). [PL 1999, c. 464, §10 (NEW).] L. "Ratio of total wages to taxable wages" means the factor obtained by dividing total wages for the preceding calendar year by taxable wages for the same period, except that a ratio of total wages to taxable wages equal to 2.4 must be used to determine the contribution rates effective for rate year 2000 and a ratio equal to 2.5 must be used to determine the contribution rates effective for rate year 2001. [PL 1999, c. 464, §10 (NEW).] M. "Predetermined yield" means the amount determined by multiplying the ratio of total wages to taxable wages by the planned yield. The predetermined yield is rounded up to the nearest 0.01% and is the calculated average contribution rate for the rate year. [PL 1999, c. 464, §10 (NEW).] N. "Experience factors" means the weights in subsection 4‑A, paragraph B , subparagraph (2) assigned to the contribution categories and used to calculate the contribution rates. [PL 1999, c. 464, §10 (NEW).] O. "Contributions credited" means the contributions credited to the experience rating record of an employer as provided in subsection 3 , including all contributions due and paid on or before July 31st following the computation date. [PL 1999, c. 464, §10 (NEW).] P. "Benefits charged" means the benefits paid and charged against the experience rating record of an employer as provided in subsection 3 , including all benefits paid and charged on or before the computation date. [PL 1999, c. 464, §10 (NEW).] Q. "Erroneous payment" means a payment that would not have been made but for the failure by the employer or agent of the employer to respond timely or adequately to a written or electronic request from the bureau for information relating to a claim for unemployment compensation. [PL 2013, c. 314, §4 (NEW).] R. "Pattern of failing" means repeated documented instances of failure on the part of the employer or agent of the employer to respond timely or adequately to a written or electronic request from the bureau for information relating to a claim for unemployment compensation, taking into consideration the number of instances of failure in relation to the total number of requests. An employer or agent of the employer that fails to respond timely or adequately to a written or electronic request from the bureau for information relating to a claim for unemployment compensation may not be determined to have engaged in a pattern of failing if the number of instances of failure during the year prior to a request is fewer than 2 or less than 2% of requests, whichever is greater. [PL 2013, c. 314, §5 (NEW).] [PL 2013, c. 314, §§4, 5 (AMD).]

7. Period of time to compute rates. The commissioner shall have from July 1st to December 31st of each calendar year for the purpose of computing the rates of each employer entitled to the benefits of this section. [PL 1981, c. 16, §10 (AMD).]

8. Effective date; definition. [PL 1973, c. 563, §4 (RP).]

9. Contributions paid in error to another state. Contributions due under this chapter with respect to wages for insured work shall for the purpose of this section be deemed to have been paid to the fund as of the date payment was made as contributions therefor under another state or federal employment security law if payment into the fund of such contributions is made on such terms as the commissioner finds will be fair and reasonable as to all affected interests. Payments to the fund under this subsection shall be deemed to be contributions for purposes of this section. [PL 1977, c. 675, §27 (AMD).]

10. Liability for contributions and election of reimbursement. Benefits paid to employees of nonprofit organizations and governmental entities shall be financed in accordance with this subsection. For the purpose of this subsection a nonprofit organization is an organization, or group of organizations, described in section 501(c)(3) of the U.S. Internal Revenue Code which is exempt from income tax under section 501(a) of such code. A nonprofit organization shall pay contributions as provided in subsections 1 and 2 , unless it elects in accordance with this subsection to pay to the bureau for the unemployment compensation fund, in lieu of such contributions, an amount equal to the amount of regular benefits and of 1/2 of the extended benefits paid that are attributable to service in the employ of such employer. For the purposes of this subsection, a governmental entity is an employing unit as defined in section 1043, subsection 10 for which services in employment as defined in section 1043, subsection 11, paragraph A‑1 , subparagraph (1), are performed. A governmental entity shall pay contributions as provided in subsections 1 and 2 , unless it elects to pay to the bureau, in lieu of contributions, an amount equal to the amount of regular benefits and of 1/2 of extended benefits paid, except that for weeks of unemployment beginning after December 31, 1978, governmental entities shall pay an amount equal to all of the extended benefits paid in addition to all amounts of regular benefits paid to individuals that are attributable to service in the employ of such governmental entities. A. Any nonprofit organization that becomes subject to this chapter after January 1, 1972 may elect to become liable for payments in lieu of contributions for a period of 2 calendar years beginning with the date on which such subjectivity begins by filing a written notice of its election with the bureau not later than 30 days immediately following the date of determination of its subjectivity. Any nonprofit organization or governmental entity subject to this chapter on or after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one calendar year beginning with the date on which such subjectivity begins by filing a written notice of its election with the bureau not later than 30 days immediately following the date of determination of its subjectivity. Any nonprofit organization or governmental entity that makes an election in accordance with this paragraph will continue to be liable for payments in lieu of contributions, until it files with the bureau a written notice terminating its election not later than 30 days prior to the beginning of the calendar year for which such termination is first effective. [PL 1997, c. 293, §6 (AMD).] B. Any employing unit that has become an employer pursuant to section 1043, subsection 9, paragraph H or I and has been paying contributions under this chapter may change to a reimbursable basis by filing with the bureau not later than 30 days prior to the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. The election may not be terminable by the employer for that and the next calendar year. [PL 1995, c. 220, §2 (AMD).] C. If any employer who has elected to make payments in lieu of contributions is delinquent in making payments as required under this subsection, the bureau may terminate such employer's election to make payments in lieu of contributions as of the beginning of the next calendar year, and such termination shall be effective for that and the next calendar year and such employer shall be liable for contributions until an election of reimbursements is filed pursuant to paragraph B . [PL 1979, c. 651, §44 (AMD).] D. The bureau may for good cause extend the period within which a notice of election or a notice of termination must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after December 31, 1971. [PL 1979, c. 651, §44 (AMD).] E. The commissioner, in accordance with such rules as the commissioner may prescribe, shall notify each such employer of any determination that is made of its status as an employer and of the effective date of any election that it makes and any termination of such election. Such determination is subject to reconsideration, appeal and review in accordance with section 1082, subsection 14 . [PL 2021, c. 456, §31 (AMD).] F. A nonprofit organization, or governmental entity, that has been liable for payments in lieu of contributions whose election to make payments in lieu of contributions terminates under paragraph A or C shall pay contributions at the rate established for employers newly subject to this chapter as provided by subsection 4, paragraph A until such time as the organization's or entity's experience rating record has been chargeable with benefits throughout the 24-consecutive-calendar-month period ending on the computation date applicable to that year, and for rate years thereafter the organization's or entity's contribution rate is determined in accordance with subsections 3 and 4 . [RR 2023, c. 2, Pt. E, §110 (COR).] G. Any employer or governmental entity who elects to make payments in lieu of contributions into the unemployment compensation fund as provided in this section shall not be liable to make such payments with respect to benefits paid to any individual whose base period wages include wages for previously uncovered services as defined in section 1043, subsection 19, paragraph C to the extent that the unemployment compensation fund is reimbursed for such benefits pursuant to section 121 of PL 94-566. No employer or governmental entity will be liable for payment in lieu of contributions for weekly benefits paid or the maximum amount paid to any individual if eligibility for such benefits would not have been established, but for the use of wages paid for previously uncovered services. [PL 1977, c. 570, §31 (NEW).] [RR 2023, c. 2, Pt. E, §110 (COR).]

11. Reimbursement payments in lieu of contributions. Reimbursement payments in lieu of contributions shall be made in accordance with this subsection. A. At the end of each period as determined by regulation, the commissioner shall assess each employer or governmental entity who has elected to make payments in lieu of contributions an amount as provided in subsection 10 . [PL 1983, c. 351, §23 (AMD).] B. Payment of any assessment rendered under paragraph A shall be made not later than 30 days after such assessment was mailed to the last known address of such employer or governmental entity, unless there has been an application for redetermination in accordance with paragraph D . [PL 1977, c. 570, §32 (AMD).] C. Payments made by an employer or governmental entity under this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of such employer or governmental entity. [PL 1977, c. 570, §32 (AMD).] D. The amount due specified in any assessment from the commissioner is conclusive on the employer or governmental entity, unless not later than 15 days after the assessment was mailed to the last known address the employer or governmental entity files an application for redetermination by the Division of Administrative Hearings setting forth the grounds for such application. [PL 2019, c. 585, §4 (AMD).] E. Past-due payments of amounts in lieu of contributions are subject to the same interest, penalties and collection provisions that, pursuant to section 1225, subsections 3 and 4 , sections 1229 , 1230 and 1231 apply to past-due contributions. [PL 1997, c. 293, §7 (AMD).] F. The commissioner shall promptly review and reconsider the amount due specified in the assessment and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination is conclusive on the employer or governmental entity unless the employer or governmental entity files an appeal in accordance with Title 5, chapter 375, subchapter VII . [PL 1997, c. 293, §8 (AMD).] G. Refunds of payments in lieu of contributions or interest thereon shall be subject to the same provision that, pursuant to section 1225, subsection 5 , applies to refunds of contributions or interest thereon. [PL 1975, c. 462, §7 (AMD).] [PL 2019, c. 585, §4 (AMD).]

12. Provision of bond or other security. In the discretion of the commissioner, an employer who elects to become liable for payments in lieu of contributions is required within 60 days after the effective date of the employer's election to execute and file with the bureau a surety bond or the employer may elect to deposit with the bureau money or securities as approved by the commissioner; upon the failure of an employer to comply with this subsection within the time limits imposed, the commissioner may terminate that employer's election to make payments in lieu of contributions, and the termination is effective for the current and next calendar year. This subsection does not apply to governmental entities as defined by section 1043, subsection 28 , whether they act singly or in group accounts as allowed by subsection 15 . [RR 2023, c. 2, Pt. E, §111 (COR).]

13. Payments by the State, any political subdivision, or instrumentalities. The State or any political subdivision or any of their instrumentalities shall pay contributions in accordance with subsections 1 and 2 , unless a governmental entity elects to pay to the bureau for the unemployment compensation fund, in lieu of contributions, an amount equal to the amount of regular benefits and 1/2 of the extended benefits paid that are attributable to service in the employ of such governmental entity, except that with respect to benefits paid for weeks of unemployment after January 1, 1979, such governmental entity must make payments in lieu of contributions as provided in subsection 10 . Each individual branch of State Government and each agency of State Government may be determined an individual entity and elect payment on an individual election to the unemployment compensation fund as provided by this subsection. Political subdivisions of the State shall be individual governmental entities for the purpose of this chapter and shall have the option of paying to the unemployment compensation fund as provided by this subsection. Payments of the amounts due shall be made in accordance with such regulations as the commission may prescribe. [PL 1979, c. 651, §§30, 47 (AMD).]

14. Allocation of benefit costs. Each employer or governmental entity who is liable for payments in lieu of contributions shall pay to the bureau for the fund the amount as provided in subsection 10 . If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer who is liable for such payments shall be determined in accordance with paragraph A or B . A. If benefits paid to an individual are based on wages paid by one or more employers who are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer who is liable for payments in lieu of contributions must be an amount that bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by the employer bear to the total base period wages paid to the individual by all of the individual's base period employers. [RR 2023, c. 2, Pt. E, §112 (COR).] B. If benefits paid to an individual are based on wages paid by 2 or more employers who are liable for payments in lieu of contributions, the amount of benefits payable by each such employer must be an amount that bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by the employer bear to the total base period wages paid to the individual by all of the individual's base period employers. [RR 2023, c. 2, Pt. E, §113 (COR).] C. When it has been determined that benefits have been erroneously paid to a claimant and entitlement is based in whole or in part on wages with an employer who is liable for payments in lieu of contributions, such employer's proportionate share of such erroneous payment will be credited at the time recovery is effected. [PL 1971, c. 538, §45 (NEW).] [RR 2023, c. 2, Pt. E, §§112, 113 (COR).]

15. Group accounts. Two or more nonprofit organizations or 2 or more governmental entities that have become liable for payments in lieu of contributions, in accordance with subsections 10 and 13 , may file a joint application to the commissioner for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers or governmental entities. Each such application must identify and authorize a group representative to act as the group's agent for the purposes of this subsection. Upon approval of the application, the commissioner shall establish a group account for such employers or governmental entities effective as of the beginning of the calendar quarter in which the commissioner receives the application and shall notify the group's representative of the effective date of the account. Such account remains in effect for not less than 2 years and thereafter until terminated at the discretion of the commissioner or upon application by the group. Upon establishment of the account, each member of the group is liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The commissioner shall prescribe such rules the commissioner considers necessary with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this subsection, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this subsection by members of the group and the time and manner of such payments. [PL 2021, c. 456, §32 (AMD).]

16. Transition provision. Notwithstanding subsections 10 , 11 , 14 and 15 , any nonprofit organization or group of organizations not required to be covered pursuant to section 3309(a)(1) of the Federal Unemployment Tax Act prior to January 1, 1978, that prior to October 20, 1976, paid contributions required by subsection 1 , and pursuant to subsection 10 , elects, within 30 days after January 1, 1978, to make payments in lieu of contributions shall not be required to make any such payment on account of any regular or extended benefits paid, on the basis of wages paid by such organization to individuals for weeks of unemployment which begin on or after the effective date of such election until the total amount of such benefits equals the amount of the positive balance in the experience rating record of such organization. [PL 1977, c. 570, §37 (NEW).]
26 M.R.S. § 1193 — ME Code / Title 26 / Chapter 13 / Section 1193
26 §1193. Disqualification
Status: in_force

An individual shall be disqualified for benefits:

1. Voluntarily leaves work. A. For the week in which the claimant left regular employment voluntarily without good cause attributable to that employment. The disqualification continues until the claimant has earned 4 times the claimant's weekly benefit amount in employment by an employer. A claimant may not be disqualified under this paragraph if: (1) The leaving was caused by the illness or disability of the claimant or an immediate family member and the claimant took all reasonable precautions to protect the claimant's employment status by promptly notifying the employer of the need for time off, a change or reduction in hours or a shift change and being advised by the employer that the time off or change or reduction in hours or shift change cannot or will not be accommodated; (2) The leaving was necessary to accompany, follow or join the claimant's spouse in a new place of residence; (3) The leaving was in good faith in order to accept new employment on a permanent full-time basis and the new employment did not materialize for reasons attributable to the new employing unit; (4) The leaving was necessary to protect the claimant or any member of the claimant's immediate family from domestic abuse or the leaving was due to domestic violence that caused the claimant reasonably to believe that the claimant's continued employment would jeopardize the safety of the claimant or any member of the claimant's immediate family and the claimant made all reasonable efforts to preserve the employment; (5) The claimant's employer announced in writing to employees that it planned to reduce the work force through a layoff or reduction in force and that employees may offer to be among those included in the layoff or reduction in force, at which time the claimant offered to be one of the employees included in the layoff or reduction in force and the claimant's employer accepted the claimant's offer, thereby ending the employment relationship; or (6) The leaving was due to the unexpected loss of child or elder care for which the claimant was not at fault and for which no work alternatives such as changes in hours or a leave of absence or alternate child or elder care options were available despite good faith efforts made by the claimant to resolve the issue and continue working. Separation from employment based on the compelling family reasons in subparagraphs (1), (2), (4) and (6) does not result in disqualification. [PL 2021, c. 456, §22 (AMD).] B. For the duration of the individual's unemployment period subsequent to the individual's having retired; or having been retired from regular employment as a result of a recognized employer policy or program, under which the individual is entitled to receive pension payments, if so found by the deputy, and disqualification continues until the claimant has earned 6 times the claimant's weekly benefit amount in employment by an employer; [RR 2023, c. 2, Pt. E, §93 (COR).] C. For the duration of a leave of absence or sabbatical leave that has been mutually agreed to by the employee and the employer. [PL 2017, c. 117, §7 (AMD).] D. For the duration of a partial separation or reduction of hours initiated at the employee's request and agreed to by the employee and employer; [PL 2017, c. 117, §8 (NEW).] [RR 2023, c. 2, Pt. E, §93 (COR).]

2. Discharge for misconduct. For the week in which the individual has been discharged for misconduct connected with the individual's work, if so found by the deputy, and disqualification continues until claimant has earned 8 times the claimant's weekly benefit amount in employment by an employer. A. For the duration of any period for which the individual has been suspended from the individual's work by the individual's employer as discipline for misconduct, if so found by the deputy, or until the claimant has earned 8 times the claimant's weekly benefit amount in employment by an employer; [PL 2011, c. 645, §6 (AMD).] [PL 2011, c. 645, §6 (AMD).]

3. Refused to accept work. For the duration of the individual's unemployment subsequent to the individual's having refused to accept an offer of suitable work for which the individual is reasonably fitted, or having refused to accept a referral to a suitable job opportunity when directed to do so by a local employment office of this State or another state or if an employer is unable to contact a former employee at last known or given address, for the purpose of recall to suitable employment; or the individual fails to respond to a request to report to the local office for the purpose of a referral to a suitable job, and the disqualification continues until claimant has earned 10 times the claimant's weekly benefit amount in employment by an employer. If the deputy determines that refusal has occurred for cause of necessitous and compelling nature, the individual is ineligible while such inability or unavailability continues, but is eligible to receive prorated benefits for that portion of the week during which the individual was able and available. A. In determining whether or not any work is suitable for an individual during the first 10 consecutive weeks of unemployment, the deputy shall consider the degree of risk involved to the individual's health, safety and morals, the individual's physical fitness and prior training, the individual's experience and prior earnings, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation and the distance of the available work from the individual's residence. In determining whether or not work is suitable for an individual after the first 10 consecutive weeks of unemployment, the deputy shall consider the degree of risk involved to the individual's health, safety and morals, the individual's physical fitness, the individual's prior earnings, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation and the distance of the available work from the individual's residence. The individual's prior earnings may not be considered with respect to an offer of or referral to an otherwise suitable job that pays wages equal to or exceeding the average weekly wage in the State. [PL 2011, c. 645, §7 (AMD).] B. Notwithstanding any other provisions of this chapter, work may not be considered suitable and benefits may not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout or other labor dispute; (2) If the wages, hours or other conditions of work, such as fringe benefits, are substantially less favorable to the individual than those prevailing for similar work in the locality; (3) If, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining or maintaining membership in any bona fide labor organization; (4) If the position offered is the same one previously vacated by the claimant for good cause attributable to that employment or is the position that the employee left for reasons attributable to that employment, but which were found insufficient to relieve disqualification for benefits under subsection 1, paragraph A , as long as, in either instance, the specific good cause or specific reasons for leaving have not been removed or otherwise changed; and (5) If the position offered is on a shift, the greater part of which falls between the hours of midnight and 5 a.m., and is refused because of parental obligation, the need to care for an immediate family member or the unavailability of a personal care attendant required to assist the unemployed individual who is a person with a disability; [PL 2023, c. 233, §§4, 5 (AMD).] [PL 2023, c. 233, §§4, 5 (AMD).]

4. Stoppage of work. For any week with respect to which the deputy, after notification by the Director of Unemployment Compensation under section 1194, subsection 2 , finds that the claimant's total or partial unemployment is due to a stoppage of work that exists because of a labor dispute at the factory, establishment or other premises at which the claimant is or was employed, or there would have been a stoppage of work had substantially normal operations not been maintained with other personnel previously and currently employed by the same employer and any other additional personnel that the employer may hire to perform tasks not previously done by the striking employees. This subsection does not apply if it is shown to the satisfaction of the deputy that: A. The claimant is not participating in or financing or directly interested in the labor dispute that caused the stoppage of work; [PL 1997, c. 391, §1 (AMD).] B. The claimant does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; [PL 1997, c. 391, §1 (AMD).] C. The claimant has obtained employment subsequent to the beginning of the stoppage of work and has earned at least 8 times the claimant's weekly benefit amount in employment by an employer or has been in employment by an employer for 5 full weeks; [PL 1997, c. 391, §1 (AMD).] D. The claimant became unemployed because of a strike or lockout caused by an employer's willful failure to observe the terms of the safety and health section of a union contract; an employer's willful failure to comply in a timely fashion with an official citation for a violation of federal and state laws involving occupational safety and health; or the quitting of labor by an employee or employees in good faith because of an abnormally dangerous condition for work at the place of employment of that employee or employees; provided that the strike or lockout does not extend past the time of the employer's compliance with the safety and health section of the union contract, the employer's compliance with the official citation or the finding that an abnormally dangerous condition does not exist by a federal or state official empowered to issue official citations for violation of federal and state laws involving occupational safety and health; or [PL 1997, c. 391, §1 (AMD).] E. The claimant became unemployed because of a lockout by the employer. For purposes of this subsection, the word "lockout" means the withholding of employment by an employer from its employees for the purpose of resisting their demands or gaining a concession from them. [PL 1997, c. 391, §1 (NEW).] If in any case separate branches of work that are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each department must, for the purposes of this subsection, be deemed to be a separate factory, establishment or other premises; [PL 1997, c. 391, §1 (AMD).]

5. Receiving remuneration. For any week with respect to which the individual is receiving, has been scheduled to receive or has received remuneration in the form of: A. Dismissal wages, wages in lieu of notice or terminal pay; or [PL 2019, c. 419, §1 (AMD).] A-1. [PL 2019, c. 419, §1 (RP).] B. Benefits under the unemployment compensation or employment security law of any state or similar law of the United States. [PL 1985, c. 506, Pt. A, §51 (RPR).] C. [PL 1981, c. 149, §1 (RP).] If the remuneration under paragraph A is less than the benefits that would otherwise be due under this chapter, the individual is entitled to receive for that week, if otherwise eligible, benefits reduced by the amount of the remuneration, rounded to the nearest lower full dollar amount; [PL 2019, c. 419, §1 (AMD).]

6. Falsification. For any week for which the deputy finds that the individual made a false statement or representation knowing it to be false or knowingly failed to disclose a material fact in the individual's application or solicited another person to make a false statement knowing it to be false or fail to disclose a material fact to obtain benefits from any state or federal unemployment compensation program administered by the bureau. In addition, for a first or 2nd occurrence, the individual is ineligible to receive any benefits for a period of not less than 6 months and not more than one year from the mailing date of the determination, and the commissioner shall assess a penalty of 50% of the benefits falsely obtained for the first occurrence and 75% for the 2nd occurrence. If an individual is disqualified for a 3rd occurrence of statement falsification or misrepresentation in an effort to obtain benefits, the commissioner shall assess a penalty of 100% of the benefits falsely obtained and the individual is disqualified from receiving benefits for a period of time to be determined by the commissioner. The progression of penalties for multiple occurrences described in this subsection does not apply and an occurrence of fraud must be treated as a 3rd occurrence if: A. A claim for benefits is the result of fraudulent filing using illegally obtained identity information. Such claims may be canceled immediately by the bureau upon confirmation of the fraudulent filing; or [PL 2025, c. 235, §12 (NEW).] B. An individual is found to have filed a claim to obtain benefits from any state or federal unemployment compensation program administered by the bureau in the name of another person using illegally obtained identity information. [PL 2025, c. 235, §12 (NEW).] An amount equal to 15% of each overpayment on which the penalties under this subsection were assessed must be transferred directly into the fund account upon recovery; [PL 2025, c. 235, §12 (RPR).]

7. Discharged for crime. For the period of unemployment next ensuing with respect to which the individual was discharged for conviction of a felony or misdemeanor in connection with the individual's work. The ineligibility of the individual continues for all weeks subsequent until the individual has thereafter earned $600 or 8 times the individual's weekly benefit amount, whichever is greater, in employment by an employer; [RR 2023, c. 2, Pt. E, §94 (COR).]

7-A. Absence from work due to incarceration. For the duration of the individual's unemployment subsequent to a discharge arising from the individual's absence from work for more than 2 workdays due to the individual's incarceration for conviction of a criminal offense. This disqualification continues until the individual has earned 8 times the individual's weekly benefit amount in employment by an employer; or [PL 2017, c. 117, §9 (AMD).]

8. Retirement benefits. [PL 1981, c. 149, §3 (RP).]

9. Receiving pension. [PL 2007, c. 352, Pt. B, §1 (RP).]

10. Receiving pension. Except as provided in this subsection, for any week with respect to which the individual is receiving a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment under a plan maintained or contributed to by a base period or chargeable employer. A. The individual receives benefits with no reduction under this subsection if: (1) The individual is receiving a pension paid under the United States Social Security Act or any other pension or plan to which the individual made at least 50% of the contributions; (2) All contributions to the plan were made by the individual and an employer or any other person or organization who is not a base period or chargeable employer; or (3) The services performed for the employer by the individual during the base period, or remuneration received for these services, did not affect the individual's eligibility for, or increase the amount of, that pension, retirement or retired pay, annuity or similar payment. [PL 2007, c. 352, Pt. B, §2 (NEW).] B. If the individual contributed to the plan, but not at least 50% of the contributions, the individual receives a benefit reduced by the prorated weekly amount of the pension after deduction of that portion of the pension that is directly attributable to the percentage of the contributions made to the plan by that individual. The benefit may not be reduced below zero. [PL 2007, c. 352, Pt. B, §2 (NEW).] C. If the individual did not contribute to the plan, the individual receives a benefit reduced by the full prorated weekly amount of the pension received. The benefit may not be reduced below zero. [PL 2011, c. 516, §1 (NEW).] [PL 2011, c. 516, §1 (AMD).]
26 M.R.S. § 3403 — ME Code / Title 26 / Chapter 41 / Section 3403
26 §3403. State agencies; requirements (REALLOCATED FROM TITLE 26, SECTION 3303)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 3303)

1. Employment as core component of services and supports. In carrying out its duties to provide services and supports to persons with disabilities, a state agency shall include as a core component of its services and supports the opportunity for persons with disabilities to acquire integrated community-based employment or customized employment. A. When entering into contracts with providers of services to persons with disabilities, a state agency shall include appropriate provisions regarding facilitating integrated community-based employment or customized employment and ensuring measurable outcomes. [RR 2013, c. 1, §46 (RAL).] B. A state agency shall incorporate standards for integrated community-based employment and customized employment into its processes for program monitoring and quality assurance. [RR 2013, c. 1, §46 (RAL).] [RR 2013, c. 1, §46 (RAL).]

2. First and preferred service or support option. When providing services or supports to a person with a disability, a state agency shall offer to the person, as the first and preferred service or support option, a choice of employment services that will support the acquisition by the person of integrated community-based employment or customized employment. [RR 2013, c. 1, §46 (RAL).]

3. Coordination of efforts and information. A state agency shall: A. Coordinate its efforts with other state agencies to ensure that the programs directed, the funding managed and the policies adopted by each state agency support the acquisition by persons with disabilities of integrated community-based employment or customized employment; and [RR 2013, c. 1, §46 (RAL).] B. When permissible under the law, share information regarding the use of services and other data with other state agencies in order to monitor progress toward facilitating the acquisition by persons with disabilities of integrated community-based employment or customized employment. [RR 2013, c. 1, §46 (RAL).] [RR 2013, c. 1, §46 (RAL).]

4. Pursuit of employment; option. Nothing in this chapter may be construed to require a person with a disability who receives services from a state agency to accept employment services from that state agency or to experience a loss of services as a result of choosing not to explore employment options. [RR 2013, c. 1, §46 (RAL).]

5. Rulemaking. A state agency shall adopt rules to implement this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2013, c. 1, §46 (RAL).]
26 M.R.S. § 1225 — ME Code / Title 26 / Chapter 13 / Section 1225
26 §1225. Assessment of contributions, interest, penalties and filing fees
Status: in_force

1. Assessment procedure. If any employer files reports for the purpose of determining the amount of contribution due, but fails to pay any part of the contribution, interest or penalties due thereon as prescribed by the commissioner, or fails to file the reports when due, or files an incorrect or insufficient report, the Director of Unemployment Compensation may assess the contribution and any interest or penalties due on the basis of the information submitted by the employer or on the basis of an estimate as to the amount due and shall give written notice of the assessment to the employer. [PL 1993, c. 312, §3 (AMD).]

1-A. Liability of employer and certain individuals. The liability for contributions or fees and the interest or penalties due on contributions are enforceable by assessment and collection, in the manner prescribed in this section, against the employer and against any officer, director or member of that employer who, in that capacity, is responsible for the control or management of the funds or finances of that employer or is responsible for the payment of that employer's contribution. [PL 1999, c. 464, §11 (NEW).]

1-B. Responsible individual. Each employer liable for contributions shall inform the commissioner or the commissioner's duly authorized representative, at the time an audit of that employer's account is performed, of the name and position of the individual who generally is responsible for the control or management of that employer's funds or finances and, if different, the individual who is specifically responsible for the collection and paying over of those contributions. [PL 1999, c. 464, §11 (NEW).]

2. Jeopardy assessment. If the Director of Unemployment Compensation determines that the collection of any contribution, interest or penalty under this subchapter, as amended, will be jeopardized by delay, the director may immediately assess the contributions, interest or penalties, whether or not the time prescribed by law or any rules issued pursuant to section 1082, subsection 2 for making reports and paying the contributions has expired, and shall give written notice of the assessment to the employer. In these cases, the right to appeal to the Division of Administrative Hearings, as provided in section 1226 , is conditioned upon payment of the contributions, interest or penalties so assessed, or upon giving appropriate security to the commissioner for the payment thereof. [PL 2019, c. 585, §5 (AMD).]

3. Interest on past-due contributions. Contributions are due and payable on or before the last day of the month following the close of the calendar quarter to which contributions relate. Contributions that are unpaid on the date on which they are due and payable bear interest at the rate determined by the State Tax Assessor as established by Title 36, section 186 , from and after the due date, until payment is received by the bureau. If it is shown to the satisfaction of the commissioner that the delinquency arose from reasonable questions of liability under this subchapter, the commissioner, in the commissioner's discretion, may abate part of the interest not to exceed 75% of the total interest. If it is shown to the satisfaction of the commissioner that the delinquency arose through no fault of the employer, an assessment of interest may not be made. [PL 1995, c. 657, §4 (AMD); PL 1995, c. 657, §10 (AFF).]

4. Penalty on past-due contributions. If quarterly contributions are not paid when due, the commissioner shall assess a penalty of 1% of the amount of the unpaid contributions for each month or fraction of a month during which the failure continues, to a maximum in the aggregate of 25% of the unpaid contributions. [PL 1995, c. 657, §4 (AMD); PL 1995, c. 657, §10 (AFF).]

5. Refunds. If, not later than 4 years after the date on which any contributions or interest thereon became due, an employer who has paid the contributions or interest thereon makes application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because that adjustment can not be made, and if the commissioner determines that the contributions or interest or any portion thereof was erroneously collected, the commissioner shall allow the employer to make an adjustment, without interest, in connection with subsequent contribution payments by the employer, or if the adjustment can not be made, the commissioner shall refund that amount, without interest, from the fund. For like cause and within the same period, adjustment or refund may be so made on the commissioner's own initiative. Any adjustment or refund involving contributions with respect to wages upon the basis of which benefits have been paid for unemployment must be reduced by the amount of benefits paid. If the commissioner determines that contributions or interest were erroneously paid to this State on wages insured under the employment security law of some other state or of the Federal Government, refund or adjustment thereof may be made without interest, irrespective of the time limits provided in this subsection, on satisfactory proof that contributions or interest on the wages have been paid to the other state or to the Federal Government. Nothing in this chapter or any part of the chapter may be construed to authorize any refund or credit of money due and payable under the law and rule in effect at the time the money was paid. [PL 1993, c. 312, §3 (AMD).]

6. Limitations on assessment. Limitations on assessments are governed by this subsection. A. Notification of assessments must be mailed to the employer not later than 4 years after a report was due or filed, whichever is later. Before the expiration of the time prescribed in this subsection, the commissioner and the employer may consent in writing to an assessment after that time, and the notification of assessment must be mailed within the agreed-upon limitation. [PL 1993, c. 312, §3 (NEW).] B. Exceptions to paragraph A are as follows. (1) If, with willful intent to evade the liability imposed by this chapter, a report is not filed or a false report is filed, a notification of an assessment may be mailed to the employer at any time. (2) The running of the period of limitations for assessment or collection of unemployment compensation contributions against an employer must be stayed for the period of time, plus 365 days, during which an assessment against that person is subject to administrative or judicial review or remains outstanding because that person is subject to bankruptcy proceedings under 11 United States Code. [PL 1993, c. 312, §3 (NEW).] [PL 1993, c. 312, §3 (AMD).]

7. Filing fees. Any employer who fails to make and submit reports or pay any contributions or reimbursements, including interest and penalties, when due is liable to the commissioner for any filing fees, including recording lien fees, discharge lien fees and sheriff fees, incurred in collecting the amounts due or in obtaining the reports. [PL 1993, c. 312, §3 (NEW).]

8. Reasonable cause. For reasonable cause, the commissioner shall waive or abate any penalty imposed by subsection 4 and section 1082, subsection 13 . Reasonable cause includes, but is not limited to, the following: A. The failure to file or pay resulted directly from erroneous information provided by the Department of Labor; [PL 1995, c. 657, §5 (NEW); PL 1995, c. 657, §10 (AFF).] B. The failure to file or pay resulted directly from the death or serious illness of the taxpayer or a member of the taxpayer's immediate family; [PL 1995, c. 657, §5 (NEW); PL 1995, c. 657, §10 (AFF).] C. The failure to file or pay resulted directly from a natural disaster; [PL 1995, c. 657, §5 (NEW); PL 1995, c. 657, §10 (AFF).] D. The report was filed and paid less than one month late and all of the taxpayer's reports and payments during the preceding 3 years were timely; or [PL 1995, c. 657, §5 (NEW); PL 1995, c. 657, §10 (AFF).] E. The amount subject to a penalty is de minimis when considered in relation to the amount otherwise properly paid and the number of employees for whom wages are being reported. [PL 1995, c. 657, §5 (NEW); PL 1995, c. 657, §10 (AFF).] The burden of establishing reasonable cause for waiver or abatement is on the taxpayer. [PL 1995, c. 657, §5 (NEW); PL 1995, c. 657, §10 (AFF).]
26 M.R.S. § 1241 — ME Code / Title 26 / Chapter 13 / Section 1241
26 §1241. Special assessment
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Advance" means a loan made from the Federal Unemployment Trust Fund to the state's Unemployment Compensation Fund on which interest will be due and payable if the loan is not repaid by the due date set by the Federal Government. [PL 1983, c. 738, §2 (NEW).] B. "Anticipated interest" means the amount of interest that will be due on an advance under federal law on its interest due date if the advance is not repaid by the interest due date. [PL 1983, c. 738, §2 (NEW).] C. "Assessment quarter" means the calendar quarter in which an advance is received. [PL 1983, c. 738, §2 (NEW).] D. "Assessment rate" means a rate equal to the percentage, rounded to the next highest 1/10th of 1%, derived if the amount of interest that will be due if an advance is not repaid by the interest due date, minus any existing unobligated and unencumbered balance in the Federal Advance Interest Fund, is divided by the taxable wages reported by contributing employers for the calendar quarter in the immediately preceding calendar year that corresponds to the assessment quarter. [PL 1983, c. 738, §2 (NEW).] E. "Federal Advance Interest Fund" means the fund defined in section 1165 . [PL 1983, c. 738, §2 (NEW).] F. "Interest due date" means: (1) The date on which anticipated interest is due to the Federal Government on an advance which was not repaid by the due date set by the Federal Government; or (2) If the Federal Government allows the State to defer repayment of an advance and anticipated interest on the advance, the date on which the deferred repayment is due to the Federal Government. [PL 1983, c. 738, §2 (NEW).] G. "Subsequent assessment quarter" means a calendar quarter subsequent to the assessment quarter. [PL 1983, c. 738, §2 (NEW).] [PL 1983, c. 738, §2 (NEW).]

2. Special assessment. If an advance has not been repaid during the assessment quarter for the advance and the balance in the Federal Advance Interest Fund is insufficient to pay the anticipated interest charges that will be due on the advance on its interest due date, and if, using standards adopted under the Maine Administrative Procedure Act, the Commissioner of Labor determines that it is probable that the advance will not be repaid by the interest due date, then the Commissioner of Labor may assess a special assessment for that assessment quarter. The amount of an employer's special assessment shall be determined by multiplying the wages for employment taxable to an employer under section 1221 for that quarter by the assessment rate. Assessments shall be paid into the Federal Advance Interest Fund for use in paying interest on the advance. After the money is received from the special assessment for the assessment quarter, if the balance in the Federal Advance Interest Fund is still not sufficient to pay the interest charges that will be due on the advance on its interest due date, then the commissioner may assess further special assessments in subsequent assessment quarters to raise the balance in the Federal Advance Interest Fund up to a balance sufficient to pay the interest charges. All provisions in this section that apply to the special assessment also shall apply to these further special assessments. No special assessments may be assessed if sufficient unobligated and unencumbered funds are present in the Federal Advance Interest Fund to pay the anticipated interest on the advance on its due date. [PL 1983, c. 738, §2 (NEW).]

3. Employers liable for special assessment. Each employer subject to this chapter, other than those liable for payments in lieu of contributions, shall be liable for special assessments. [PL 1983, c. 738, §2 (NEW).]

4. Receipts. All receipts collected from a special assessment, including interest, fines and penalties on special assessments not paid when due, shall be paid into the Federal Advance Interest Fund. [PL 1983, c. 738, §2 (NEW).]

5. Experience rating records. No special assessment may be credited to any employer's experience rating record. [PL 1983, c. 738, §2 (NEW).]

6. Other provisions of chapter. All provisions of this chapter and rules promulgated under this chapter regarding payments, time limits, dates of payment, reports, interest and penalties on amounts not paid by employers when due, fines, liens and warrants which apply to the collection of contributions also shall apply to the collection of special assessments. [PL 1983, c. 738, §2 (NEW).]
26 M.R.S. § 663 — ME Code / Title 26 / Chapter 7 / Section 663
26 §663. Definitions
Status: in_force

Terms used in this subchapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context:

1. Director. "Director," the Director of the Bureau of Labor Standards; [PL 1981, c. 168, §26 (AMD).]

2. Employ. "Employ," to suffer or permit to work;

3. Employee. "Employee," any individual employed or permitted to work by an employer but the following individuals shall be exempt from this subchapter: A. Any individual employed in agriculture as defined in the Maine Employment Security Law and the Federal Unemployment Insurance Tax Law, except when that individual performs services for or on a farm with over 300,000 laying birds; [PL 1975, c. 717, §5 (AMD).] B. [PL 2007, c. 640, §2 (RP).] C. Those employees whose earnings are derived in whole or in part from sales commissions and whose hours and places of employment are not substantially controlled by the employer; [PL 1967, c. 466, §1 (AMD).] D. Any individual employed as a taxicab driver; E. [PL 2007, c. 640, §3 (RP).] F. Those employees who are counselors or junior counselors or counselors-in-training at organized camps licensed under Title 22, section 2495 and those employees of organized camps and similar seasonal recreation programs not requiring such licensure that are operated as or by nonprofit organizations who are under 18 years of age; [PL 2009, c. 120, §1 (RPR); PL 2009, c. 211, Pt. B, §22 (RPR).] F-1. [PL 1967, c. 466, §2 (RP).] G. Any individual employed in the catching, taking, propagating, harvesting, cultivating or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as incident to, or in conjunction with, such fishing operations, including the going to and returning from work and including employment in the loading and unloading when performed by any such employee; [PL 1965, c. 410, §2 (AMD).] H. [PL 2017, c. 219, §13 (RP).] I. Any home worker who is not subject to any supervision or control by any person whomsoever, and who buys raw material and makes and completes any article and sells the same to any person, even though it is made according to specifications and the requirements of some single purchaser; J. Members of the family of the employer who reside with and are dependent upon the employer; [PL 2009, c. 529, §1 (AMD).] K. A salaried employee who works in a bona fide executive, administrative or professional capacity and whose regular compensation, when converted to an annual rate, exceeds 3000 times the State's minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher; and [PL 2009, c. 529, §2 (AMD).] L. A person who is a sentenced prisoner in actual execution of a term of incarceration imposed in this State or any other jurisdiction for a criminal offense, except a prisoner who is: (1) Employed by a private employer; (2) Participating in a work release program; (4) Employed in a program established under a certification issued by the United States Department of Justice under 18 United States Code, Section 1761; (5) Employed while in a supervised community confinement program pursuant to Title 34‑A, section 3036‑A ; or (6) Employed while in a community confinement monitoring program pursuant to Title 30‑A, section 1659‑A . [PL 2013, c. 133, §20 (AMD).] [PL 2017, c. 219, §13 (AMD).]

4. Occupation. "Occupation," an industry, trade or business or branch thereof or class of work therein in which workers are gainfully employed;

5. Wages. "Wages" paid to any employee includes compensation paid to the employee in the form of legal tender of the United States and checks on banks convertible into cash on demand and includes the reasonable cost to the employer who furnishes the employee board or lodging. "Wages" also includes compensation paid through a direct deposit system, automated teller machine card or other means of electronic transfer as long as the employee either can make an initial withdrawal of the entire net pay without additional cost to the employee or the employee can choose another means of payment that involves no additional cost to the employee; [PL 2005, c. 89, §1 (AMD).]

6. Resort establishment. [PL 1975, c. 623, §38 (RP).]

7. Minimum wage for firefighters. Members of municipal firefighting departments, other than volunteer or call-departments, who are paid salaries or regular wages are deemed to be employees within the meaning of this section and are covered by this subchapter. Firefighters' wages may be paid by the municipality based upon the average number of hours worked during any one work cycle, which may not exceed 12 weeks in duration. However, 1 1/2 times the hourly rate may not be paid for all work done over 48 hours under this subsection; [RR 2023, c. 2, Pt. E, §23 (COR).]

8. Service employee. "Service employee" means any employee engaged in an occupation in which the employee customarily and regularly receives more than: A. Prior to January 1, 2022, $30 a month in tips; [PL 2021, c. 288, §1 (NEW).] B. Beginning January 1, 2022, $100 a month in tips; or [PL 2021, c. 288, §1 (NEW).] C. Beginning January 1, 2023, $175 a month in tips. [PL 2021, c. 288, §1 (NEW).] On January 1, 2024, and every January 1st thereafter, the monetary amount over which an employee is considered a service employee under this subsection must be increased by the same percentage of 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 increase rounded to the nearest multiple of $1. [PL 2021, c. 288, §1 (AMD).]

9. Hotel. [PL 2017, c. 219, §14 (RP).]

10. Public employees. "Public employees" are considered employees within the meaning of this section and include any person whose wages are paid by a state or local public employer, including the State, a county, a municipality, the University of Maine System, a school administrative unit and any other political body or its political or administrative subdivision. "Public employee" does not include any officer or official elected by popular vote or appointed to office pursuant to law for a specified term or any person defined in subsection 7 . [PL 1985, c. 779, §69 (AMD).]

11. Automobile salesperson. "Automobile salesperson" means a person who is primarily engaged in selling automobiles or trucks as an employee of an establishment primarily engaged in the business of selling these vehicles to the ultimate purchaser. "Automobile salesperson" includes a person who is primarily engaged in assisting in the financing and providing of insurance products to the ultimate purchaser. [PL 2007, c. 360, §1 (AMD).]

12. Automobile mechanic. "Automobile mechanic" means a person who is primarily engaged in the servicing of automobiles or trucks as an employee of an establishment primarily engaged in the business of selling automobiles or trucks to the ultimate purchaser, as long as the person's annual compensation exceeds 3,000 times the state minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher, except when the employee is paid by the employer on an hourly basis. [PL 2007, c. 360, §2 (AMD).]

13. Automobile parts clerk. "Automobile parts clerk" means a person employed for the purpose of and primarily engaged in requisitioning, stocking and dispensing automobile parts as an employee of an establishment primarily engaged in the business of selling automobiles or trucks to the ultimate purchaser, as long as the person's annual compensation exceeds 3,000 times the state minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher, except when the employee is paid by the employer on an hourly basis. [PL 2007, c. 360, §3 (AMD).]

14. Automobile service writer. "Automobile service writer" means a person employed for the purpose of and primarily engaged in receiving, analyzing and referencing requests for service, repair or analysis of motor vehicles as an employee of an establishment primarily engaged in the business of selling automobiles or trucks to the ultimate purchaser, as long as the person's annual compensation exceeds 3,000 times the state minimum hourly wage or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher, except that "automobile service writer" does not include an employee who is paid by the employer on a hourly basis. [PL 2007, c. 360, §4 (NEW).]

15. Tip. "Tip" means a sum presented by a customer in recognition of services performed by one or more service employees, including a charge automatically included in the customer's bill. "Tip" does not include a service charge added to a customer's bill in a banquet or private club setting by agreement between the customer and employer. [PL 2011, c. 118, §2 (NEW).]
26 M.R.S. § 685 — ME Code / Title 26 / Chapter 7 / Section 685
26 §685. Action taken on substance use tests
Status: in_force

Action taken by an employer on the basis of a substance use test is limited as provided in this section. [PL 2017, c. 407, Pt. A, §109 (AMD).]

1. Before receipt of test results. An employer may suspend an employee with full pay and benefits or may transfer the employee to another position with no reduction in pay or benefits while awaiting an employee's test results. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

2. Use of confirmation test results. This subsection governs an employer's use of confirmed positive results and an employee's or applicant's refusal to submit to a test requested or required by an employer in compliance with this subchapter. A. Subject to any limitation of the Maine Human Rights Act or any other state law or federal law, an employer may use a confirmed positive result or refusal to submit to a test as a factor in any of the following decisions: (1) Refusal to hire an applicant for employment or refusal to place an applicant on a roster of eligibility; (2) Discharge of an employee; (3) Discipline of an employee; or (4) Change in the employee's work assignment. [PL 1995, c. 324, §7 (AMD).] A-1. An employer who tests a person as an applicant and employs that person prior to receiving the test result may take no action on a positive result except in accordance with the employee provisions of the employer's approved policy. [PL 1995, c. 324, §8 (NEW).] B. Before taking any action described in paragraph A in the case of an employee who receives an initial confirmed positive result, an employer shall provide the employee with an opportunity to participate for up to 6 months in a rehabilitation program designed to enable the employee to avoid future use of a substance and to participate in an employee assistance program, if the employer has such a program. The employer may take any action described in paragraph A if the employee receives a subsequent confirmed positive result from a test administered by the employer under this subchapter. [PL 2017, c. 407, Pt. A, §109 (AMD).] C. If the employee chooses not to participate in a rehabilitation program under this subsection, the employer may take any action described in paragraph A . If the employee chooses to participate in a rehabilitation program, the following provisions apply. (1) If the employer has an employee assistance program that offers counseling or rehabilitation services, the employee may choose to enter that program at the employer's expense. If these services are not available from an employer's employee assistance program or if the employee chooses not to participate in that program, the employee may enter a public or private rehabilitation program. (a) Except to the extent that costs are covered by a group health insurance plan, the costs of the public or private rehabilitation program must be equally divided between the employer and employee if the employer has more than 20 full-time employees. This requirement does not apply to municipalities or other political subdivisions of the State or to any employer when the employee is tested because of the alcohol and controlled substance testing mandated by the federal Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V. If necessary, the employer shall assist in financing the cost share of the employee through a payroll deduction plan. (b) Except to the extent that costs are covered by a group health insurance plan, an employer with 20 or fewer full-time employees, a municipality or other political subdivision of the State is not required to pay for any costs of rehabilitation or treatment under any public or private rehabilitation program. An employer is not required to pay for the costs of rehabilitation if the employee was tested because of the alcohol and controlled substance testing mandated by the federal Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V. (2) An employer may not take any action described in paragraph A while an employee is participating in a rehabilitation program, except as provided in subparagraph (2‑A) and except that an employer may change the employee's work assignment or suspend the employee from active duty to reduce any possible safety hazard. Except as provided in subparagraph (2‑A), an employee's pay or benefits may not be reduced while an employee is participating in a rehabilitation program, provided that the employer is not required to pay the employee for periods in which the employee is unavailable for work for the purposes of rehabilitation or while the employee is medically disqualified. The employee may apply normal sick leave and vacation time, if any, for these periods. (2-A) A rehabilitation or treatment provider shall promptly notify the employer if the employee fails to comply with the prescribed rehabilitation program before the expiration of the 6-month period provided in paragraph B . Upon receipt of this notice, the employer may take any action described in paragraph A . (3) Except as provided in divisions (a) and (b), upon successfully completing the rehabilitation program, as determined by the rehabilitation or treatment provider after consultation with the employer, the employee is entitled to return to the employee's previous job with full pay and benefits unless conditions unrelated to the employee's previous confirmed positive result make the employee's return impossible. Reinstatement of the employee may not conflict with any provision of a collective bargaining agreement between the employer and a labor organization that is the collective bargaining representative of the unit of which the employee is or would be a part. If the rehabilitation or treatment provider determines that the employee has not successfully completed the rehabilitation program within 6 months after starting the program, the employer may take any action described in paragraph A . (a) If the employee who has completed rehabilitation previously worked in an employment position subject to random or arbitrary testing under an employer's written policy, the employer may refuse to allow the employee to return to the previous job if the employer believes that the employee may pose an unreasonable safety hazard because of the nature of the position. The employer shall attempt to find suitable work for the employee immediately after refusing the employee's return to the previous position. A reduction may not be made in the employee's previous benefits or rate of pay while the employee is awaiting reassignment to work or working in a position other than the previous job. The employee must be reinstated to the previous position or to another position with an equivalent rate of pay and benefits and with no loss of seniority within 6 months after returning to work in any capacity with the employer unless the employee has received a subsequent confirmed positive result within that time from a test administered under this subchapter or unless conditions unrelated to the employee's previous confirmed positive test result make that reinstatement or reassignment impossible. Placement of the employee in suitable work and reinstatement may not conflict with any provision of a collective bargaining agreement between the employer and a labor organization that is the collective bargaining representative of the unit of which the employee is or would be a part. (b) Notwithstanding division (a), if an employee who has successfully completed rehabilitation is medically disqualified, the employer is not required to reinstate the employee or find suitable work for the employee during the period of disqualification. The employer is not required to compensate the employee during the period of disqualification. Immediately after the employee's medical disqualification ceases, the employer's obligations under division (a) attach as if the employee had successfully completed rehabilitation on that date. [PL 2017, c. 407, Pt. A, §109 (AMD).] D. This subsection does not require an employer to take any disciplinary action against an employee who refuses to submit to a test, receives a single or repeated confirmed positive result or does not choose to participate in a rehabilitation program. This subsection is intended to set minimum opportunities for an employee with a substance use problem to address the problem through rehabilitation. An employer may offer additional opportunities, not otherwise in violation of this subchapter, for rehabilitation or continued employment without rehabilitation. [PL 2017, c. 407, Pt. A, §109 (AMD).] [PL 2017, c. 407, Pt. A, §109 (AMD).]

3. Confidentiality. This subsection governs the use of information acquired by an employer in the testing process. A. Unless the employee or applicant consents, all information acquired by an employer in the testing process is confidential and may not be released to any person other than the employee or applicant who is tested, any necessary personnel of the employer and a provider of rehabilitation or treatment services under subsection 2, paragraph C . This paragraph does not prevent: (1) The release of this information when required or permitted by state or federal law, including release under section 683, subsection 8, paragraph D ; or (2) The use of this information in any grievance procedure, administrative hearing or civil action relating to the imposition of the test or the use of test results. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. Notwithstanding any other law, the results of any substance use test required, requested or suggested by any employer may not be used in any criminal proceeding. [PL 2017, c. 407, Pt. A, §109 (AMD).] [PL 2017, c. 407, Pt. A, §109 (AMD).]
26 M.R.S. § 2031 — ME Code / Title 26 / Chapter 25 / Section 2031
26 §2031. Governor's Jobs Initiative Program
Status: in_force

1. Program established. The Governor's Jobs Initiative Program, referred to in this section as the "program," is established to encourage high-quality job creation and expansion by directly linking the education and training resources of this State to job opportunities. To the extent of available resources, the program develops and coordinates training for firms intending to expand or locate in this State, reorganize a workplace to remain competitive or upgrade worker skills by providing essential work competencies such as computer literacy, problem-solving strategies, critical thinking skills, math and science proficiency and team-building skills. [PL 2011, c. 573, §2 (AMD).]

2. Administration. The program is administered jointly by the Department of Labor and the Department of Economic and Community Development under rules and operating procedures adopted by the Commissioner of Labor and the Commissioner of Economic and Community Development. Administrative costs are limited to 5% of program funds. [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).]

3. Interdepartmental review team. An application for funding under the program must be reviewed by an interdepartmental review team. The review team consists of 2 representatives from the Department of Labor, one of whom must be from the Center for Workforce Research and Information, and 2 representatives from the Department of Economic and Community Development. [PL 2007, c. 126, §2 (AMD).]

4. Criteria for program funding. The following criteria must be demonstrated to the committee by an applicant at the time of application. An applicant shall: A. Work with the Department of Labor to analyze the occupational skills of the unemployed work force in the designated labor market; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] B. Provide a statement of commitment to long-term operation in this State; and [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] C. Comply with any other criteria that has been adopted by the Commissioner of Labor in accordance with the Maine Administrative Procedure Act. [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).]

5. Selection preference. Preference must be given to an applicant that substantiates one or more of the following at the time of application: A. Formation of a local project partnership; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] B. Employer willingness to leverage matching funds; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] C. Investment in the lifelong learning and skills development of citizens of this State; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] D. An increase in the local education and training capacity to support more than one employer that is caused by a proposed project; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] E. Provision of high-wage or high-skill employment, employee benefits and job security; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] F. Employer intention to expand or locate in economically depressed areas of this State; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] G. Employer willingness to hire new labor force entrants, economically disadvantaged individuals, persons with disabilities or dislocated workers; or [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] H. Employer willingness to provide a registered apprenticeship for current employees or new hires. [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).]

6. Services. Services that may be funded by the program include, but are not limited to: A. Recruitment; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] B. Screening and assessment; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] C. Workplace literacy; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] D. Workplace safety; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] E. Technical training; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] F. On-the-job training; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] G. Higher education; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] H. Essential work competencies; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] I. Job task analysis; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] J. Coordination of employer consortia to access specialized training; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] K. Technical assistance on work force capacity issues; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] L. Technical assistance on worker training plans; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] M. Small business training and technical assistance; and [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] N. Supportive services. [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).]

7. Program standards. The standards used by the Department of Labor and the Department of Economic and Community Development to evaluate the success of a project must include, but are not limited to: A. The number of jobs created or retained in the project and participant demographics; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] B. The cost per participant; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] C. The average wage paid and benefits provided to participants at training completion; [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] D. The skills required by the participant to obtain jobs through the program; [PL 2011, c. 573, §2 (AMD).] E. The number and percentage of participants who do not complete each program; and [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] F. The return on investment. [PL 1995, c. 665, Pt. DD, §5 (NEW); PL 1995, c. 665, Pt. DD, §12 (AFF).] [PL 2011, c. 573, §2 (AMD).]

8. Eligibility for funding. Applicants eligible to receive funding from the program include, but are not limited to, employers, regional and local economic development agencies or partnerships, community-based organizations, job training service providers, registered apprenticeship service providers, local adult education providers and postsecondary education institutions. An applicant that is not a business shall demonstrate, in partnership with a business or a consortium of businesses, the ability to link training services with actual job creation, expansion, upgrade or retention. Training provided under this section is considered approved training under the unemployment insurance laws and the laws regarding dislocated workers administered by the Department of Labor. Training funds authorized under this section must be paid to the employer on a reimbursement basis. [PL 2009, c. 213, Pt. JJJ, §1 (AMD).]

9. Report. For any year in which the program is funded, the Commissioner of Labor and the Commissioner of Economic and Community Development shall provide to the joint standing committee of the Legislature having jurisdiction over labor, commerce, research and economic development matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs an annual report by March 1st of the next year, which must include, for each business assisted under this subchapter, the name and location of the business, the number of individuals trained or retrained, the dollar amount expended and, when applicable, the number of new jobs created. [PL 2011, c. 573, §2 (AMD).]

10. Rules. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 573, §2 (AMD).]

11. Nonlapsing funds. Any unencumbered balance of General Fund appropriations remaining at the end of each fiscal year in this program may not lapse but must be carried forward to be used for the same purposes. [PL 1999, c. 731, Pt. K, §2 (NEW).]
26 M.R.S. § 1420-A — ME Code / Title 26 / Chapter 19 / Section 1420-A
26 §1420-A. Rights
Status: in_force

The rights, established by this subarticle, of deaf and hard-of-hearing persons are as follows. [PL 1995, c. 560, Pt. F, §13 (NEW).]

1. Streets and public places. Deaf and hard-of-hearing persons have the same rights as able-bodied persons to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places. [PL 1995, c. 560, Pt. F, §13 (NEW).]

2. Public conveyances. Deaf and hard-of-hearing persons are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation or amusement, or resorts and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. [PL 1995, c. 560, Pt. F, §13 (NEW).]

3. Guide dogs. [PL 2007, c. 664, §24 (RP).]

4. Especially trained guide dog trainer; access to public facilities; responsibilities. [PL 2007, c. 664, §25 (RP).]

5. Housing accommodations; persons with hearing-assistance animals. [PL 2007, c. 664, §26 (RP).]

6. Housing accommodations; defined. "Housing accommodations," as used in this section, means a real property, or portion of real property, that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, including, but not limited to, public housing projects and all forms of publicly assisted housing, single-family and multifamily rental and sale units, lodging places, condominiums and cooperative apartments. "Housing accommodations" does not include: A. The rental of a housing accommodation in a building that contains housing accommodations for not more than 2 families living independently of each other, if the owner or members of the owner's family reside in that housing accommodation; or [PL 1995, c. 560, Pt. F, §13 (NEW).] B. The rental of a room or rooms in a housing accommodation, if the rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner's family reside in that housing accommodation. [PL 1995, c. 560, Pt. F, §13 (NEW).] [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 252 — ME Code / Title 26 / Chapter 5 / Section 252
26 §252. Education and training
Status: in_force

Every employer shall establish an education and training program for all operators as provided in this section. [PL 1989, c. 512 (NEW).]

1. Requirements. An employer's education and training program must be provided both orally and in writing, except that an employer that uses fewer than 5 terminals at one location may provide the education and training program in writing only. The program must include, at a minimum: A. Notification of the rights and duties created under this subchapter by posting in a prominent location in the workplace a copy of this subchapter and a written notice that explains these rights and duties in plain language; [PL 1989, c. 512 (NEW).] B. An explanation or description of the proper use of terminals and the protective measures that the operator may take to avoid or minimize symptoms or conditions that may result from extended or improper use of terminals; and [PL 1989, c. 512 (NEW).] C. Instruction related to the importance of maintaining proper posture during terminal operation and a description of methods to achieve and maintain this posture, including the use of any adjustable work station equipment used by the operator. [PL 1989, c. 512 (NEW).] [PL 1991, c. 305, §2 (AMD); PL 1991, c. 305, §3 (AFF).]

2. Literature; clearinghouse. The bureau shall recommend to employers, for use in education and training programs, occupational safety literature that provides appropriate, current and pertinent data on terminal use. The bureau shall also serve as a clearinghouse for information regarding workplace safety and health relative to the use of terminals. [PL 1989, c. 512 (NEW).]

3. Training schedule. Employers shall provide current operators with this education and training program within 6 months after the effective date of this section and annually thereafter. Beginning 6 months after the effective date of this section, employers shall provide all new operators with the education and training program within the first month of employment as operators. [PL 1989, c. 512 (NEW).]
26 M.R.S. § 3801 — ME Code / Title 26 / Chapter 49 / Section 3801
26 §3801. Definitions (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/28) (WHOLE SECTION TEXT REPEALED 1/01/28 by T. 26, §3803) (REALLOCATED FROM TITLE 26, SECTION 3701)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/28)

(WHOLE SECTION TEXT REPEALED 1/01/28 by T. 26, §3803)

(REALLOCATED FROM TITLE 26, SECTION 3701)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §97 (RAL).]

1. Benefit cliff effect. "Benefit cliff effect" means the situation that arises when an individual or family receiving state, federal or local public benefits has a new or increased income that results in a loss of any of those public benefits and the increased income does not fully compensate for, or exceed, the financial loss of those public benefits. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §97 (RAL).]

2. Essential support worker. "Essential support worker" has the same meaning as in Title 22, section 7401, subsection 3 . [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §97 (RAL).]
26 M.R.S. § 633 — ME Code / Title 26 / Chapter 7 / Section 633
26 §633. Information to be furnished to railroad employees (REALLOCATED FROM TITLE 26, SECTION 632)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 632)

1. Wage statement. A railroad corporation in the State shall furnish each employee of that corporation with a statement with every payment of wages to that employee, listing accrued total earnings and taxes to date, and further furnish that employee at the same time with a separate listing of that employee's daily wages and how they were computed. [RR 2023, c. 2, Pt. E, §22 (COR).]

2. Coverage. Only railroad employees who are operating personnel working on a train are covered under this section. [PL 1979, c. 663, §158 (RAL).]

3. Penalty. Any person, firm or corporation violating this section commits a civil violation for which a forfeiture of not more than $100 may be adjudged for each offense. [PL 1979, c. 663, §158 (RAL).]
26 M.R.S. § 823 — ME Code / Title 26 / Chapter 7 / Section 823
26 §823. Waiver of right
Status: in_force

An employee who fails to provide the notice to the employee's employer required by section 821 waives any rights to a leave of absence provided by this subchapter. [RR 2023, c. 2, Pt. E, §29 (COR).] Revisor's Note: §823. Discharge of, threats to or discrimination against employee for reporting violations of law or refusing to carry out illegal directives (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 833)
26 M.R.S. § 1082 — ME Code / Title 26 / Chapter 13 / Section 1082
26 §1082. Powers and duties
Status: in_force

1. Powers and duties of the commissioner. Except as otherwise provided, it is the duty of the commissioner to administer this chapter, through an organization to be known as the Bureau of Unemployment Compensation. The commissioner may employ persons, make expenditures, require reports, make investigations and take other actions the commissioner determines necessary or suitable to that end. The commissioner is responsible and possesses the necessary authority for the operation and management of the Bureau of Unemployment Compensation. The commissioner shall determine methods of operational procedures in accordance with the provisions of this chapter. The commissioner may adopt rules in accordance with Title 5, chapter 375 to achieve this purpose. The commissioner shall make recommendations for amendments to this chapter that the commissioner determines proper. When the commissioner believes that a change in contribution or benefit rates is necessary to protect the solvency of the fund, the commissioner shall promptly inform the Governor and the Legislature and make recommendations with respect to the change in rates. [PL 2025, c. 235, §7 (AMD).]

2. Powers and duties. In addition to other powers and duties provided in this chapter, the commission may require reports, make investigations and undertake other activities necessary to carry out the duties of the commission. Each member of the commission is entitled to access to any information, memoranda, reports or statistical data that is in the possession of or that has been prepared by a division of the Department of Labor and that relates to the administration of this chapter. [PL 2021, c. 456, §9 (AMD).]

3. Publication. The Commissioner of Labor shall cause to be printed for distribution to the public the text of this chapter, the commission's regulations, the commissioner's annual reports to the Governor and any other material the commissioner or the commission considers relevant and suitable, and shall furnish the same to any person upon application. The commissioner shall cause to be printed a comprehensive set of Department of Labor internal rules, policies, regulations, memoranda, instructions and other forms used in determining eligibility, payment of benefits and similar issues. The compilation must be indexed conveniently to facilitate its use by the public and easily accessible to the public. The commissioner shall annually publish data on the content and usage of the fund for not less than the preceding 10 years, including financing, benefit costs, experience rating and contribution rates as applicable. Legislative changes enacted after December 31, 2010 that have an impact on the content or usage of the fund must be disclosed separately for not less than the 5 years after enactment of the change. [PL 2011, c. 212, §1 (AMD).]

4. Personnel. Subject to other provisions of this chapter, the commissioner is authorized to appoint and prescribe the duties and powers of, and fix the compensation of, such officers, accountants, attorneys, experts and other persons as may be necessary in the performance of the commissioner's duties, subject to the Civil Service Law. The commissioner may delegate to any person so appointed such power and authority as is reasonable and proper for the effective administration of this chapter and may in the commissioner's discretion bond any person handling moneys or signing checks under this chapter. On request of the commissioner, the Attorney General shall represent the department, the commission and the State in any court action relating to this chapter or to its administration and enforcement. Special counsel may be retained by the commissioner in accordance with Title 5, section 196, and the special counsel's service and expenses must be paid from the funds provided for the administration of this chapter. The commissioner may not employ or pay any person who is an officer or committee member of any political party organization. [RR 2023, c. 2, Pt. E, §86 (COR).]

4-A. Division of Administrative Hearings. [PL 2025, c. 388, Pt. PPP, §4 (RP).]

5. Advisory council. [PL 2001, c. 352, §13 (RP).]

6. Employment stabilization. The Commissioner of Labor may take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; to investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the State, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the State in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies. [PL 2001, c. 352, §14 (AMD).]

7. Records and reports. Each employing unit shall keep true and accurate work records, containing such information as the commissioner may prescribe. These records must be open to inspection and be subject to being copied by the commissioner or the commissioner's authorized representatives at any reasonable time and as often as may be necessary. The commissioner may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, that the commissioner considers necessary for the effective administration of this chapter. Information thus obtained or obtained from any individual pursuant to the administration of this chapter, except to the extent necessary for proper presentation of a claim, must be held confidential and may not be published or opened to public inspection, other than to public employees in the performance of their public duties or to any agent of an agency that is under contract with a state or local child-support agency, or to any agent of an agency that is under contract or subcontract with the state employment and job training agency, pursuant to safeguards established by the commissioner, in any manner revealing the individual's or employing unit's identity, but the department shall, upon request, provide to any party to an adjudicatory proceeding information from the records relating to the proceeding. Final decisions of adjudicatory proceedings are available to the public after the names and addresses of claimants and employers are deleted from the decisions. Records, with any necessary authentication of those records, required in the prosecution of any criminal action brought by another state for misrepresentation to obtain benefits under the law of this State must be made available to the agency administering the employment security law of any such state for the purpose of such prosecution. A. A person who violates this subsection commits a Class E crime. [PL 2003, c. 452, Pt. O, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. An agent of an agency that is under contract with a state or local child-support agency, or an agent of an agency that is under contract or subcontract with the state employment and job training agency who discloses any information that is confidential pursuant to this subsection, other than disclosure authorized by this subsection, commits a Class E crime. [PL 2003, c. 452, Pt. O, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] Violation of this subsection is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. O, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

8. Oaths and witnesses. [PL 2025, c. 388, Pt. PPP, §5 (RP).]

9. Subpoenas. [PL 1977, c. 694, §471 (RP).]

9-A. Refusal to appear. [PL 2025, c. 388, Pt. PPP, §6 (RP).]

10. Protection against self-incrimination. [PL 2025, c. 388, Pt. PPP, §7 (RP).]

11. State-federal cooperation. In the administration of this chapter, the commissioner shall cooperate to the fullest extent consistent with this chapter with the Department of Labor; shall make such reports, in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations of the Secretary of Labor governing the expenditure of such sums as may be allotted and paid to this State under Title III of the Social Security Act for the purpose of assisting in the administration of this chapter. Upon request therefor, the commissioner shall furnish to any agency of the United States, charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation and employment status of each recipient of benefits and such recipient's rights to further benefits under this chapter. The commissioner may make the state's records relating to the administration of this chapter available to the Railroad Retirement Board and may furnish the Railroad Retirement Board, at the expense of such board, such copies thereof as the Railroad Retirement Board deems necessary for its purposes. The commissioner may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance law or employment security law. [PL 1977, c. 675, §10 (AMD).]

12. Reciprocal benefit arrangements. The commissioner shall participate in any arrangements with the appropriate agencies of other states or the Federal Government for the payment of benefits on the basis of combining an individual's wages and employment covered under this chapter and that individual's wages and employment covered under the unemployment compensation or employment security laws of other states that are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and that include provisions for applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under 2 or more state unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining. The commissioner shall reimburse such state or federal agency for such benefits as may be paid by that agency upon the basis of wages received in employment subject to this chapter or shall receive from such state or federal agency such amounts as may be paid from the fund upon the basis of wages received in employment subject to the laws of such state or of the Federal Government. The commissioner is authorized to enter into reciprocal agreements with the appropriate agencies of other states or the Federal Government adjusting the collection and payment of contributions by employers with respect to services of individuals not performed wholly within the jurisdiction of this State whereby such services may be agreed upon to be considered for all purposes, if the commissioner so desires, as wholly within, or wholly without, the jurisdiction of this State, notwithstanding any provisions of section 1043, subsection 11 . The commissioner is authorized to make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided herein with respect to the administration of this chapter as the commissioner considers necessary or appropriate to facilitate the administration of any unemployment compensation, employment security or public employment service law, and in like manner to accept and utilize information, services and facilities made available to this State by any agency charged with the administration of any such other unemployment compensation, employment security or public employment service law. To the extent permissible under the laws and Constitution of the United States, the commissioner is authorized to enter into or cooperate in arrangements whereby facilities and services provided under this chapter and facilities and services provided under the unemployment compensation or employment security laws of any foreign government may be utilized for the taking of claims and the payment of benefits under this chapter, or under a similar law of such government. The commissioner, by agreement with another state or the Federal Government, as provided under Section 303(g) of the federal Social Security Act, may recover any overpayment of benefits paid to any individual under the laws of this State or of another state or under an unemployment benefit program of the Federal Government. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this State or of another state or under an unemployment program of the Federal Government. In any case in which under this subsection a claimant is liable to repay any amount to the agency of another state, such amounts may be collected without interest by civil action in the name of the commissioner acting as agent for such agency. [PL 2019, c. 343, Pt. RRR, §1 (AMD).]

13. Filing payroll reports; penalty. The commissioner may prescribe rules for the filing of payroll reports for the employing units in the State. Each employing unit shall submit a quarterly payroll report by electronic submission or on forms prescribed by the bureau. These quarterly reports are due in the office of the bureau, or of any duly constituted agent of the bureau, on or before the last day of the month following the close of the calendar quarter for which the reports relate. The failure on the part of any employing unit to file the payroll reports within this time frame renders the employing unit liable for a penalty of $25 or 10% of the tax due, whichever is greater. In the case of executive, administrative and professional employees, and outside sales representatives, as defined in Part 541 of the Rules and Regulations promulgated under the federal Fair Labor Standards Act of 1938, as amended as of June 30, 1971, the commissioner, upon the request of an employer of those individuals, may approve an alternative method for obtaining from that employer necessary wage information relative to those employees. [PL 2021, c. 456, §10 (AMD).]

13-A. Certificate of records of payroll reports as evidence. Notwithstanding any other provision of law or rule of evidence, for purposes of any prosecution or action to enforce Title 39‑A, section 324 , a certificate signed by the Director of Unemployment Compensation or a representative of the commissioner duly authorized by the commissioner stating what the payroll report records show must be received in any court in this State as prima facie evidence of any fact stated in the certificate or the records attached to the certificate. [PL 1991, c. 885, Pt. E, §37 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]

14. Determination of employer or employment; appeal. A. The Director of Unemployment Compensation or a representative of the commissioner duly authorized by the commissioner to do so shall determine whether an employing unit is an employer and whether services performed for or in connection with the business of the employing unit constitute employment and shall give written notice of the determination to the employing unit. Unless the employing unit, within 30 calendar days after notification was mailed to its last known address, files an appeal from that determination to the Division of Administrative Hearings, the determination is final. [PL 2017, c. 284, Pt. AAAAA, §1 (AMD).] B. After a determination has been made under paragraph A , the Director of Unemployment Compensation or a representative of the commissioner may within one year reconsider the determination in the light of additional evidence and make a redetermination and shall give written notice of the redetermination to the employing unit. Unless the employing unit, within 30 calendar days after notification was mailed to its last known address, files an appeal from that redetermination to the Division of Administrative Hearings, the redetermination is final. [PL 2017, c. 284, Pt. AAAAA, §1 (AMD).] C. [PL 2017, c. 284, Pt. AAAAA, §2 (RP).] D. The employer or the commissioner may appeal a decision of the Division of Administrative Hearings to the commission, which may affirm, modify or reverse the decision upon review of the record. The commission may hold further hearings or may remand the case to the Division of Administrative Hearings for the taking of additional evidence. The commission shall notify the parties to the proceeding of its findings of fact and decision, and such decision is subject to appeal pursuant to Title 5, section 11001 et seq. In the absence of appeal therefrom, the determination of the commission, together with the record of the proceeding under this subsection, is admissible in any subsequent material proceeding under this chapter, and if supported by evidence, and in the absence of fraud, is conclusive, except as to errors of law, upon any employing unit that was a party to the proceeding under this subsection. [PL 2017, c. 284, Pt. AAAAA, §3 (AMD).] E. [PL 1977, c. 694, §473 (RP).] [PL 2017, c. 284, Pt. AAAAA, §§1-3 (AMD).]
26 M.R.S. § 829 — ME Code / Title 26 / Chapter 7 / Section 829
26 §829. Notices of employee protections and obligations (REALLOCATED TO TITLE 26, SECTION 839)
Status: in_force

(REALLOCATED TO TITLE 26, SECTION 839)
26 M.R.S. § 968 — ME Code / Title 26 / Chapter 9-A / Section 968
26 §968. Maine Labor Relations Board; powers and duties
Status: in_force

1. Maine Labor Relations Board. The Maine Labor Relations Board, established by Title 5, section 12004‑B, subsection 2 , consists of 3 members and 6 alternates 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 Legislature. The Governor, in making appointments, shall name one member and 2 alternates to represent employees, one member and 2 alternates to represent employers and one member and 2 alternates to represent the public. The member and alternates representing employees may not have worked in a management capacity or represented employer interests in any proceedings at any time during the prior 6 years. The member and alternates representing the public may not have worked in a management capacity or represented employer interests in any proceedings or have worked for a labor organization or served in a leadership role in a labor organization at any time during the prior 6 years. The member representing the public serves as the board's chair and the alternate representing the public serves as an alternate chair. Members of the board are entitled to compensation according to the provisions of Title 5, chapter 379 . The alternates are entitled to compensation at the same per diem rate as the member that the alternate replaces. The term of each member and each alternate is 4 years, except that of the members and alternates first appointed, one member and 2 alternates are appointed for a term of 4 years, one member and 2 alternates are appointed for a term of 3 years and one member and 2 alternates are appointed for a term of 2 years. The members of the board, its alternates and its employees are entitled to receive necessary expenses. Per diem and necessary expenses for members and alternates of the board may be paid from the board's General Fund appropriation if, in the discretion of the executive director, doing so would not create a financial hardship for the board; otherwise, per diem and necessary expenses for members and alternates of the board, as well as state cost allocation program charges, must be shared equally by the parties to any proceeding at which the board presides and must be paid into a special fund administered by the board from which all costs must be paid. The executive director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing. A party who has not paid an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount collected pursuant to this subsection remains in the special fund administered by the Maine Labor Relations Board, and that fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this subsection through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing party in the action. At its discretion, the board may allocate all costs to a party that presents a frivolous complaint or defense or that commits a blatant violation of the applicable collective bargaining law. When the board meets on administrative or other matters that do not concern the interests of particular parties or when any board member presides at a prehearing conference, the members' per diem and necessary expenses must be paid from the board's regular appropriation for these purposes. The executive director and legal or professional personnel employed by the board are members of the unclassified service. [PL 2021, c. 421, §2 (AMD).]

2. Executive director. The Executive Director of the Maine Labor Relations Board must be appointed by the board to serve at the board's will and pleasure. The person appointed must be experienced in the field of labor relations. The executive director shall perform the duties designated by statute and such other duties as may from time to time be assigned to the executive director by the board. The executive director shall serve as secretary of the board and shall maintain a record of all proceedings before the board. A board member may not serve as executive director. The salary of the executive director must be established by the board within salary range 86 and may be adjusted periodically by the board within the limits for salary review procedures established in Title 2, section 6 . [PL 2025, c. 390, Pt. A, §46 (AMD).]

3. Rule-making power. The board may, after a public hearing, from time to time, adopt such rules of procedure as it deems necessary for the orderly conduct of its business and for carrying out the purposes of this chapter. Such rules shall be published and made available to all interested parties. The board shall also, upon its own initiative or upon request, issue interpretative rules interpreting the provisions of this chapter. Such interpretative rules shall be advisory only and shall not be binding upon any court. Such interpretative rules must be in writing and available to any person interested therein. [PL 1975, c. 564, §24 (AMD).]

4. Review of representative proceedings. Any party aggrieved by any ruling or determination of the executive director, or the executive director's designee, under sections 966 and 967 may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an appeal, the board shall within a reasonable time hold a hearing having first caused 7 days notice in writing of the time and place of the hearing to be given to the aggrieved party, the labor organizations or bargaining agent and the public employer. These hearings must be conducted in the manner provided in subsection 5, paragraph B . Within a reasonable time after the conclusion of any hearing the board shall make a written decision that must include findings of fact and either affirm or modify the ruling or determination of the executive director and specify the reasons for that action. A copy of that decision must be mailed to the labor organization or bargaining agent or its attorney or other designated representative and the public employer. Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 972 , provided the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested. [PL 1993, c. 90, §1 (AMD).]

5. Prevention of prohibited acts. A. The board is empowered, as provided, to prevent any person, any public employer, any public employee, any public employee organization or any bargaining agent from engaging in any of the prohibited acts enumerated in section 964 . This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law or otherwise. [PL 1971, c. 609, §9 (NEW).] B. A public employer, public employee, public employee organization or bargaining agent that believes that any person, any public employer, any public employee, any public employee organization or any bargaining agent has engaged in or is engaging in such a prohibited practice may file a complaint with the executive director of the board stating the charges in that regard. A complaint may not be filed with the executive director until the complaining party has served a copy of the complaint upon the party complained of. Upon receipt of the complaint, the executive director or the executive director's designee shall review the charge to determine whether the facts as alleged constitute a prohibited act. If it is determined that the facts do not, as a matter of law, constitute a violation, the charge must be dismissed by the executive director, subject to review by the board. If a formal hearing is determined necessary by the executive director or by the board, the executive director shall serve upon the parties to the complaint a notice of the prehearing conference and of the hearing before the board, and that notice must designate the time and place of hearing for the prehearing conference or the hearing, as appropriate, except that a hearing may not be held based upon any alleged prohibited practice occurring more than 6 months prior to the filing of the complaint with the executive director. The party complained of has the right to file a written answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed for the hearing. In the discretion of the board, any other person or organization may be allowed to intervene in the proceeding and to present testimony. This paragraph does not restrict the right of the board to require the executive director or the executive director's designee to hold a prehearing conference on any prohibited practice complaint prior to the hearing before the board and to take whatever action, including dismissal, attempting to resolve disagreements between the parties or recommending an order to the board, as the executive director determines appropriate, subject to review by the board. [RR 2023, c. 2, Pt. E, §57 (COR).] C. After hearing and argument, if, upon a preponderance of the evidence received, the board is of the opinion that any party named in the complaint has engaged in or is engaging in such a prohibited practice, the board shall in writing state its findings of fact and the reasons for its conclusions and shall issue and cause to be served upon the party an order requiring the party to cease and desist from the prohibited practice and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this chapter. An order of the board may not require the reinstatement of an individual as an employee who has been suspended or discharged, or the payment to the individual of any back pay, if the individual was suspended or discharged for cause. After hearing and argument, if, upon a preponderance of the evidence received, the board is not of the opinion that the party named in the complaint has engaged in or is engaging in such a prohibited practice, the board shall in writing state its findings of fact and the reasons for its conclusions and shall issue an order dismissing the complaint. [RR 2023, c. 2, Pt. E, §58 (COR).] D. If after the issuance of an order by the board requiring any party to cease and desist or to take any other affirmative action, said party fails to comply with the order of the board then the party in whose favor the order operates or the board may file a civil action in the Superior Court of Kennebec County, or the county in which the prohibited practice has occurred, to compel compliance with the order of the board. Upon application of any party in interest or the board, the court may grant such temporary relief or restraining order and may impose such terms and conditions as it deems just and proper; provided that the board's decision shall not be stayed except where it is clearly shown to the satisfaction of the court that substantial and irreparable injury shall be sustained or that there is a substantial risk of danger to the public health or safety. In such action to compel compliance the Superior Court shall not review the action of the board other than to determine whether the board has acted in excess of its jurisdiction. If an action to review the decision of the board is pending at the time of the commencement of an action for enforcement pursuant to this subsection or is thereafter filed, the 2 actions shall be consolidated. [PL 1977, c. 479, §6 (AMD).] E. Whenever a complaint is filed with the executive director of the board, alleging that a public employer has violated section 964, subsection 1, paragraph F or alleging that a public employee or public employee organization or bargaining agent has violated section 964, subsection 2, paragraph C the party making the complaint may simultaneously seek injunctive relief from the Superior Court in the county in which the prohibited practice is alleged to have occurred pending the final adjudication of the board with respect to such matter. [PL 1971, c. 609, §9 (NEW).] F. Either party may seek a review by the Superior Court of Kennebec County or of the county in which the prohibited practice is alleged to have occurred of a decision or order of the Maine Labor Relations Board by filing a complaint in accordance with the Maine Rules of Civil Procedure, Rule 80C, if the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested. Upon the filing of the complaint, the court shall set the complaint down for hearing and shall cause all interested parties and the board to be notified. The hearing may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. Pending review and upon application of any party in interest, the court may grant such temporary relief or restraining order and may impose such terms and conditions as it determines just and proper; except that the board's decision is not stayed except when it is clearly shown to the satisfaction of the court that substantial and irreparable injury will be sustained or that there is a substantial risk of danger to the public health or safety. The executive director shall forthwith file in the court the record in the proceeding certified by the executive director or a member of the board. The record must include all documents filed in the proceeding and the transcript, if any. After hearing, the court may enforce, modify, enforce as so modified or set aside in whole or in part the decision of the board, except that the findings of the board on questions of fact are final unless shown to be clearly erroneous. Any appeal to the Law Court must be the same as an appeal from an interlocutory order under section 6 . [PL 2011, c. 559, Pt. A, §26 (AMD).] G. In any judicial proceeding authorized by this subsection in which injunctive relief is sought, sections 5 and 6 shall apply, except that neither an allegation nor proof of unavoidable substantial and irreparable injury to the complainant's property shall be required to obtain a temporary restraining order or injunction. [PL 1973, c. 788, §120-A (AMD).] [RR 2023, c. 2, Pt. E, §§57, 58 (COR).]

6. Hearings. The hearings conducted by the board pursuant to this section shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other evidence deemed relevant by the board may be received. The chair has the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the presentation of books, records and other evidence relative or pertinent to the issues presented to the board for determination. Witnesses subpoenaed by the board must be allowed the same fees as are paid to witnesses in the Superior Court. These fees, together with all necessary expenses of the board, must be paid by the Treasurer of State on warrants drawn by the State Controller. [RR 2023, c. 2, Pt. E, §59 (COR).]

7. Reports. 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 shall be included in the bureau's budget and authorization for expenditures shall be the responsibility of the director. The board shall have the authority to recommend to the Legislature changes or additions to this chapter or to related enactments of law. [PL 1977, c. 78, §164 (AMD).]
26 M.R.S. § 637 — ME Code / Title 26 / Chapter 7 / Section 637
26 §637. Earned paid leave
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employment" has the same meaning as in section 1043, subsection 11 , but does not include employment in a seasonal industry as defined in section 1251 . [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).] B. "Employer" has the same meaning as in section 1043, subsection 9 . [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).] C. "Employee" means a person engaged in employment. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).] [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

2. Earned paid leave. An employer that employs more than 10 employees in the usual and regular course of business for more than 120 days in any calendar year shall permit each employee to earn paid leave based on the employee's base pay as provided in this section. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

3. Accrual. An employee is entitled to earn one hour of paid leave from a single employer for every 40 hours worked, up to 40 hours in one year of employment. Accrual of leave begins at the start of employment, but the employer is not required to permit use of the leave before the employee has been employed by that employer for 120 days during a one-year period. Accrued and unused hours of earned paid leave from the previous year of employment must be available for use by an employee in the year of employment immediately following the previous year. Accrued and unused hours of earned paid leave carried forward from the previous year of employment may not reduce the total amount of hours of paid leave an employee is entitled to earn in the year of employment immediately following the previous year, up to 40 hours or the accrual limit specified in the employer's policy governing paid leave, whichever is higher. The Department of Labor shall enforce this subsection within existing resources using strategic enforcement. [PL 2025, c. 438, §1 (AMD).]

4. Rate. An employee while taking earned leave must be paid at least the same base rate of pay that the employee received immediately prior to taking earned leave and must receive the same benefits as those provided under established policies of the employer pertaining to other types of paid leave. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

5. Notice. Absent an emergency, illness or other sudden necessity for taking earned leave, an employee shall give reasonable notice to the employee's supervisor of the employee's intent to use earned leave. Use of leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

6. Benefits. The taking of earned leave under this section may not result in the loss of any employee benefits accrued before the date on which the leave commenced and may not affect the employee's right to health insurance benefits on the same terms and conditions as applicable to similarly situated employees. Nothing is this section prevents an employer from providing a benefit greater than that provided by this section. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

7. Enforcement. The bureau has the exclusive authority pursuant to section 42 to enforce this section, except that nothing in this section prohibits the parties to a collective bargaining agreement from agreeing to also address any violation of this section through the dispute resolution process set forth in that collective bargaining agreement. [PL 2021, c. 569, §1 (AMD).]

8. Penalties. Penalties for violations of this section are the same as those provided in section 53 . [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

9. Preemption. A municipality or other political subdivision may not enact an ordinance or other rule purporting to have the force of law under its home rule or other authority regulating earned paid leave. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

10. Rules. The Department of Labor shall adopt rules to implement and enforce the provisions of this section, including rules regarding the receipt, investigation and prosecution of complaints brought under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

11. Exception. This section does not apply to an employee covered by a collective bargaining agreement during the period between January 1, 2021 and the expiration of the agreement. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

12. Reporting. Beginning January 1, 2022, and annually thereafter, the Department of Labor shall submit a report to the joint standing committee of the Legislature having jurisdiction over labor matters on progress made in the State to comply with this section. [PL 2019, c. 156, §3 (NEW); PL 2019, c. 156, §4 (AFF).]

Revisor's Note: §637. Leave for appointments for veterans as enacted by PL 2019, c. 350, §1 is REALLOCATED TO TITLE 26, SECTION 638

Revisor's Note: §637. Wage theft remedies as enacted by PL 2019, c. 461, §1 is REALLOCATED TO TITLE 26, SECTION 639
26 M.R.S. § 1401-A — ME Code / Title 26 / Chapter 19 / Section 1401-A
26 §1401-A. Department; commissioner
Status: in_force

1. Establishment. There is created and established the Department of Labor, referred to in this chapter as the "department," to achieve the most effective utilization of the employment and training resources in the State by developing and maintaining an accountable state employment and training policy, by ensuring safe working conditions and protection against loss of income and by enhancing the opportunities of individuals to improve their economic status. [PL 1995, c. 560, Pt. G, §15 (NEW).]

2. Commissioner; entities incorporated. The department consists of a Commissioner of Labor, referred to in this chapter as "the commissioner," appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and to confirmation by the Legislature, to serve at the pleasure of the Governor, and the following entities are incorporated into the Department of Labor: A. The Bureau of Unemployment Compensation; [PL 1995, c. 560, Pt. G, §15 (NEW).] B. The Bureau of Employment Services; [PL 2013, c. 467, §4 (AMD).] C. The Bureau of Labor Standards; [PL 1995, c. 560, Pt. G, §15 (NEW).] D. The Bureau of Rehabilitation Services; [PL 1995, c. 560, Pt. G, §15 (NEW).] E. [PL 2013, c. 467, §4 (RP).] F. The Center for Workforce Research and Information; [PL 2025, c. 277, §6 (AMD).] G. [PL 2013, c. 467, §4 (RP).] H. [PL 2013, c. 467, §4 (RP).] I. The State Workforce Development Board established in section 2006 ; [PL 2025, c. 388, Pt. PPP, §9 (AMD).] J. The Bureau of Paid Family and Medical Leave; and [PL 2025, c. 388, Pt. PPP, §10 (AMD).] K. The Division of Administrative Hearings. [PL 2025, c. 388, Pt. PPP, §11 (NEW).] [PL 2025, c. 388, Pt. PPP, §§9-11 (AMD).]

The Department of Labor may consist of other advisory, planning and coordinating council staff, and such other advisory, planning and coordinating committees or administrative units as the commissioner determines necessary to carry out the purposes of this chapter. [PL 1995, c. 560, Pt. G, §15 (NEW).]
26 M.R.S. § 975 — ME Code / Title 26 / Chapter 9-A / Section 975
26 §975. Bargaining agent access
Status: in_force

1. Bargaining agent access to employees. Public employers 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 public employer's workplace during the work day to investigate and discuss grievances, workplace‑related complaints and other workplace issues; [PL 2019, c. 389, §1 (NEW).] B. The right to conduct workplace meetings during lunch and other breaks, and before and after the work day, on the public employer'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, §1 (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 employer does not conduct new employee orientations, at individual or group meetings; and [PL 2019, c. 389, §1 (NEW).] D. The right to use the e‑mail system of a public employer 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 public employer's network capabilities or system administration. [PL 2019, c. 389, §1 (NEW).] [PL 2019, c. 389, §1 (NEW).]

2. Bargaining agent access to employee information. Public employers shall provide to a bargaining agent access to information about members of the bargaining unit that the bargaining agent exclusively represents, as follows. A. Public employers shall provide the following information regarding newly hired public employees and, upon request, regarding all other public 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 public employees, the employer shall provide the information required under this paragraph not later than 30 calendar days after the date a prospective public employee accepts an offer of employment or not later than 30 calendar days after the date of hire for all public employees. At the request of the bargaining agent, but not more than quarterly, the public employer shall provide the required information for all other public employees in the bargaining unit within 30 calendar days. [PL 2023, c. 467, §1 (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 public employer, 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, §1 (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, §§1, 2 (AMD).]

3. Bargaining agent access to government buildings and facilities. The bargaining agent has the right to use government buildings and other facilities that are owned or leased by government entities 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 governmental operations. A bargaining agent conducting a meeting in a government building or facility pursuant to this section may be charged for maintenance, security and other costs related to the use of the government building or facility that would not otherwise be incurred by the government entity. [PL 2019, c. 389, §1 (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, §1 (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, §1 (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, §1 (NEW).]
26 M.R.S. § 1293 — ME Code / Title 26 / Chapter 14 / Section 1293
26 §1293. Separability
Status: in_force

1. Separability. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part therof, directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is declared to be the legislative intent that this chapter would have been adopted had such invalid provisions not been included. [PL 1983, c. 702 (NEW).]

2. Eligibility under federal programs. Nothing in this chapter or any contract negotiated pursuant to this chapter may in any way be interpreted or allowed to restrict or impair the eligibility of the State or the Judicial Department in obtaining the benefits under any federal grant-in-aid or assistance programs. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 1161 — ME Code / Title 26 / Chapter 13 / Section 1161
26 §1161. Accounts and deposit
Status: in_force

The Treasurer of State is the ex officio treasurer and custodian of the Unemployment Compensation Fund and shall administer the fund in accordance with the directions of the commissioner. The Treasurer of State shall maintain within the fund 4 separate accounts: [PL 2003, c. 164, §1 (AMD).]

1. Clearing account. A clearing account for all money payable to the trust fund account that is not deposited into the tax deposit account; [PL 2015, c. 39, §2 (AMD).]

2. Trust fund account. An unemployment trust fund account; [PL 2003, c. 164, §1 (AMD).]

3. Benefit account. A benefit account; and [PL 2003, c. 164, §1 (AMD).]

4. Tax deposit account. A clearing account for that portion of unemployment insurance contributions payable to the trust fund account from the tax deposit account. [PL 2015, c. 39, §2 (AMD).]

All money payable to the fund, upon receipt by the commissioner, must be forwarded to the Treasurer of State, who shall immediately deposit it in the clearing account or the tax deposit account. Refunds payable pursuant to section 1043, subsection 11, paragraph F , subparagraph (2) or section 1225 may be paid from the clearing account, the tax deposit account or the benefit account upon warrants prepared by the commissioner and signed by the State Controller. After clearance, all other money in the clearing account and all of the unemployment compensation money in the tax deposit account must be immediately deposited with the Secretary of the Treasury of the United States of America to the credit of the account of this State in the Unemployment Trust Fund, established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this State relating to the deposit, administration, release or disbursement of money in the possession or custody of this State to the contrary notwithstanding. The benefit account must consist of all money requisitioned from this State's account in the Unemployment Trust Fund. [PL 2015, c. 39, §2 (AMD).]

Except as otherwise provided, money in the clearing, tax deposit and benefit accounts may be deposited by the Treasurer of State, under the direction of the commissioner, in any bank or public depository in which general funds of the State may be deposited, but no public deposit insurance charge or premium may be paid out of the fund. [PL 2015, c. 39, §2 (AMD).]

The Governor is authorized to apply for advances to the account of this State in the Unemployment Trust Fund in accordance with the provisions of Title XII of the Social Security Act, 42 United States Code, Section 1321, as amended, or under any other Act of Congress extending such authority, in order to secure to this State and its citizens the advantages available under the provisions of Title XII of the Social Security Act. [PL 2003, c. 164, §1 (AMD).]
26 M.R.S. § 630 — ME Code / Title 26 / Chapter 7 / Section 630
26 §630. Written statement of reason for termination of employment
Status: in_force

An employer shall, upon written request of the affected employee, give that employee the written reasons for the termination of that person's employment. An employer who fails to satisfy this request within 15 days of receiving it may be subject to a forfeiture of not less than $50 nor more than $500. An employee may bring an action in the District Court or the Superior Court for such equitable relief, including an injunction, as the court may consider to be necessary and proper. The employer may also be required to reimburse the employee for the costs of suit, including a reasonable attorney's fee if the employee receives a judgment in the employee's favor. This section does not apply to public employees in proceedings governed by Title 1, section 405 . [PL 1997, c. 356, §1 (AMD).]