26 M.R.S. § 3203 — ME Code / Title 26 / Chapter 37 / Section 3203
26 §3203. Standards of apprenticeship
Status: in_force

An apprenticeship program must conform to the following standards to be eligible for approval and registration by the Maine Apprenticeship Program. [PL 2011, c. 491, §13 (NEW).]

1. Standards. An apprenticeship program must have organized, written standards containing the terms and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation and subscribed to by a sponsor who has undertaken to carry out the program. The standards must contain: A. A description of the employment and training of the apprentice in a skilled occupation; [PL 2011, c. 491, §13 (NEW).] B. A description of how successful apprenticeship will be measured, which for an individual apprentice may be a time-based approach, a competency-based approach or a hybrid approach. An apprenticeship program must require a minimum of 2,000 hours of on-the-job learning. (1) The time-based approach measures skill acquisition through the individual apprentice's completion of 2,000 to 10,000 hours of on-the-job learning as described in a work process schedule. (2) The competency-based approach measures skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, as demonstrated by an appropriate written and hands-on proficiency measurement. An apprenticeship program using the competency-based approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. The apprenticeship program's standards must address how on-the-job learning will be integrated into the apprenticeship program, describe competencies and identify an appropriate means of testing and evaluation for such competencies. (3) The hybrid approach measures the individual apprentice's skill acquisition through a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule. The determination of the appropriate approach for the apprenticeship program's standards is made by the sponsor, subject to approval by the Maine Apprenticeship Program of the determination as appropriate to the apprenticeable occupation for which the apprenticeship program is registered; [PL 2011, c. 491, §13 (NEW).] C. An outline of the work processes in which the apprentice will receive supervised work experience and training on the job and the allocation of the approximate amount of time to be spent in each major process; [PL 2011, c. 491, §13 (NEW).] D. Provision for at least 144 hours of related instruction for each year of apprenticeship. An apprenticeship instructor must: (1) Meet the Department of Education's requirements for a career and technical education instructor or be a subject matter expert, such as a journeyman, who is recognized within an industry as having expertise in a specific occupation; and (2) Have training in teaching techniques and adult learning styles. This training may occur before or after the apprenticeship instructor has started to provide the related instruction; [PL 2011, c. 491, §13 (NEW).] E. A schedule of progressively increasing wages to be paid to an apprentice consistent with the skill acquired. The entry wage may not be less than the minimum wage prescribed by the federal Fair Labor Standards Act of 1938 for student preapprentices and not less than 50% of the journeyman rate for adult registered apprentices, unless a higher wage is required by other applicable federal law or regulation or state law or rule or by collective bargaining agreement. For purposes of this paragraph, "journeyman rate" is the rate of pay established by the sponsor for an apprentice who has met all of the skill, knowledge and competency requirements for that occupation; [PL 2023, c. 318, §2 (AMD).] F. Provision for periodic review and evaluation of the apprentice's performance on the job and in related instruction and for the maintenance of appropriate progress records; [PL 2011, c. 491, §13 (NEW).] G. Provision for a numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety and continuity of employment and with applicable provisions in collective bargaining agreements, except when a minimum ratio is expressly provided for by the collective bargaining agreements. The ratio language must be specific and clear as to its application to the job site, workforce, department or plant; [PL 2011, c. 491, §13 (NEW).] H. Provision for a probationary period reasonable in relation to the full apprenticeship term, with full credit given for such a period toward completion of apprenticeship. The probationary period may not exceed 25% of the length of the apprenticeship program or one year, whichever is shorter; [PL 2011, c. 491, §13 (NEW).] I. Provision for adequate and safe equipment and facilities for training and supervision, safety training for apprentices on the job and in related instruction and qualified training personnel and adequate supervision on the job; [PL 2011, c. 491, §13 (NEW).] J. The minimum qualifications required by the sponsor for persons entering the apprenticeship program, with an eligible starting age of not less than 16 years of age, or 18 years of age if required by federal occupational safety and health laws or regulations; [PL 2011, c. 491, §13 (NEW).] K. Provision for the placement of an apprentice under an apprenticeship agreement that meets the requirements of this chapter and 29 Code of Federal Regulations, Section 29.7 and is approved by the Maine Apprenticeship Program and directly or by reference incorporates the standards of the apprenticeship program as part of the agreement; [PL 2011, c. 491, §13 (NEW).] L. Provision for the granting of advanced standing or credit for demonstrated competency, acquired experience, training or skills, which must be applied to all applicants equally, with commensurate wages for standing or credit so granted; [PL 2011, c. 491, §13 (NEW).] M. Provision for transfer of an apprentice between apprenticeship programs and within an apprenticeship program in accordance with section 3204, subsection 3 ; [PL 2011, c. 491, §13 (NEW).] N. Provision for recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued by the Maine Apprenticeship Program; [PL 2011, c. 491, §13 (NEW).] O. With respect to an apprenticeship program that uses the competency-based or hybrid approach under paragraph B and that includes the issuance of interim credentials, program standards that clearly identify the interim credentials, demonstrate how the credentials link to the components of the apprenticeable occupation and establish the process for assessing an individual apprentice's demonstration of competency associated with the particular interim credential. Interim credentials may be issued only for recognized components of an apprenticeable occupation; [PL 2011, c. 491, §13 (NEW).] P. Provision for the registration and deregistration of the apprenticeship program and for the prompt submission of any program standard modification or amendment to the Maine Apprenticeship Program for approval; [PL 2011, c. 491, §13 (NEW).] Q. Provision for registration of and amendments to apprenticeship agreements and for notice to the Maine Apprenticeship Program in accordance with section 3204, subsection 4 ; [PL 2011, c. 491, §13 (NEW).] R. Provision for authority for the cancellation of an apprenticeship agreement during the probationary period under section 3205, subsection 8 by either party without stated cause; [PL 2011, c. 491, §13 (NEW).] S. Provision for compliance with the equal employment opportunity requirements of this chapter and be in accordance with all aspects of 29 Code of Federal Regulations, Section 30; [PL 2011, c. 491, §13 (NEW).] T. The name, address, telephone number and e-mail address, if appropriate, for the appropriate individual with authority under the apprenticeship program to receive, process and make disposition of complaints; [PL 2023, c. 318, §3 (AMD).] U. Provision for recording and maintenance of all records concerning apprenticeship as may be required by the Maine Apprenticeship Program and other applicable law; [PL 2023, c. 318, §4 (AMD).] V. The dollar value of employer-paid health insurance; and [PL 2023, c. 318, §5 (NEW).] W. The dollar value of employer-paid retirement contribution benefits, except those retirement contribution benefits that require the employee to match the employer-paid contributions for the employee to access the retirement fund offered by the employer. [PL 2023, c. 318, §6 (NEW).] [PL 2023, c. 318, §§2-6 (AMD).]
26 M.R.S. § 1412-C — ME Code / Title 26 / Chapter 19 / Section 1412-C
26 §1412-C. Bureau of Rehabilitation Services; Division of Vocational Rehabilitation
Status: in_force

The commissioner shall establish within the department the Bureau of Rehabilitation Services. Within the bureau, the Division of Vocational Rehabilitation, as the designated state unit under the federal Rehabilitation Act of 1973, shall administer that group of rehabilitation services to nonblind and nonvisually impaired individuals specifically related to the federal vocational rehabilitation programs. [PL 2015, c. 141, §13 (AMD).]
26 M.R.S. § 594 — ME Code / Title 26 / Chapter 7 / Section 594
26 §594. Charge by an employer for an application for employment
Status: in_force

It is unlawful for an employer to assess a fee or charge a prospective employee in any fashion for requesting, submitting, filing or completing an application for employment with that employer. Any employer who violates this section shall be liable to a penalty of not more than $500 for each violation. It is the duty of the director to enforce this section. [PL 1983, c. 627 (NEW).]
26 M.R.S. § 1401-C — ME Code / Title 26 / Chapter 19 / Section 1401-C
26 §1401-C. Division of Administrative Hearings
Status: in_force

1. Division established. There is established within the department the Division of Administrative Hearings, referred to in this section as "the division," to hear and decide appeals from decisions pertaining to chapters 7 and 13 and any other appeals as the commissioner may require. A. The division is under the direction of the Director of the Division of Administrative Hearings, referred to in this section as "the director," appointed by the commissioner and subject to the Civil Service Law. The director must be an attorney admitted to practice law in the State. [PL 2025, c. 388, Pt. PPP, §12 (NEW).] B. The director shall administer the office, supervise and assign cases to administrative hearing officers and preside at hearings as necessary. [PL 2025, c. 388, Pt. PPP, §12 (NEW).] C. Administrative hearing officers shall preside at appeal proceedings. Administrative hearing officers are under the direction of the director and hired subject to the Civil Service Law. [PL 2025, c. 388, Pt. PPP, §12 (NEW).] [PL 2025, c. 388, Pt. PPP, §12 (NEW).]

2. Oaths and witnesses. In the discharge of the duties imposed by this chapter, the commissioner, the division and any duly authorized representative of the commissioner or division has the power to administer oaths and affirmations, take depositions, certify official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records determined necessary as evidence in connection with a disputed claim or the administration of this chapter. Oaths and affirmations required by reason of duties performed pursuant to this chapter may be administered by any persons as may be designated for the purpose by the commissioner. In the discharge of the duties imposed by this chapter, the commissioner, the division or any duly authorized representative of the commissioner or division, when the interests of any interested party demand, may issue commissions to take depositions to any unemployment compensation or employment security official empowered to take such depositions under this chapter or the laws of any other state, for any of the following causes: A. When the deponent resides out of or is absent from the State; [PL 2025, c. 388, Pt. PPP, §12 (NEW).] B. When the deponent is bound to sea or is about to go out of the State; or [PL 2025, c. 388, Pt. PPP, §12 (NEW).] C. When the deponent is so aged, infirm or sick as to be unable to attend at the place of hearing. [PL 2025, c. 388, Pt. PPP, §12 (NEW).] A deposition pursuant to paragraph A , B or C must be taken by written interrogatories to be compiled by the commissioner or the division, and the adverse party must be afforded an opportunity to refute such testimony before a determination is made. The deponent must be sworn and the deposition must be signed and sworn to by the deponent before admissible as testimony at a hearing before the division or the commissioner. Subpoenas under this subsection must be issued pursuant to Title 5, section 9060 . [PL 2025, c. 388, Pt. PPP, §12 (NEW).]

3. Refusal to appear. A person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in that person's power to do so, in obedience to a subpoena of the commissioner, the division or the duly authorized representative of the commissioner or division commits a Class E crime. This crime is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . If a person refuses to obey a subpoena duly issued by the commissioner, the division or the duly authorized representative of the commissioner or division, any court of this State within the jurisdiction of which the person resides or transacts business has jurisdiction to issue to that person an order requiring the person to appear and produce evidence or testimony, and any failure to obey that order may be punished by the court as contempt of court. [PL 2025, c. 388, Pt. PPP, §12 (NEW).]

4. Protection against self-incrimination. A person may not be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the division or any duly authorized representative or in obedience to the subpoena of the division or the duly authorized representative in any cause or proceeding before the division or any duly authorized representative on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate that person or subject that person to a penalty or fine; but an individual may not be prosecuted or subjected to any penalty or fine for or on account of any transaction, matter or thing concerning which that person is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual in testifying under this subsection is not exempt from prosecution and punishment for perjury committed in testifying. [PL 2025, c. 388, Pt. PPP, §12 (NEW).]
26 M.R.S. § 1163 — ME Code / Title 26 / Chapter 13 / Section 1163
26 §1163. Management on discontinuance of Unemployment Trust Fund
Status: in_force

Sections 1141 , 1161 and 1162 , to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the Secretary of the Treasury of the United States of America continues to maintain for this State a separate book account of all funds deposited therein by this State for benefit purposes, together with this State's proportionate share of the earnings of such Unemployment Trust Fund, from which no other state is permitted to make withdrawals. If and when such Unemployment Trust Fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties or securities therein, belonging to the Unemployment Compensation Fund of this State shall be transferred to the treasurer of the Unemployment Compensation Fund, who shall hold, invest, transfer, sell, deposit and release such moneys, properties or securities in a manner approved by the commissioner in accordance with this chapter. Such moneys shall be invested in the following readily marketable classes of securities: Bonds or other interest-bearing obligations of the United States of America or of any state in the said United States. Such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for payment of benefits. The Treasurer of State shall dispose of securities or other properties belonging to the Unemployment Compensation Fund only under the direction of the commissioner. [PL 1977, c. 675, §16 (AMD).]
26 M.R.S. § 565-A — ME Code / Title 26 / Chapter 6 / Section 565-A
26 §565-A. Air quality and ventilation; evaluation of buildings
Status: in_force

1. Evaluation of indoor air quality. The board shall work with the Bureau of General Services with respect to evaluation of indoor air quality and ventilation in public school buildings and buildings occupied by state employees. A. [PL 2021, c. 554, §5 (RP).] [PL 2021, c. 554, §5 (AMD).]
26 M.R.S. § 3304 — ME Code / Title 26 / Chapter 39 / Section 3304
26 §3304. Industry partnerships
Status: in_force

1. Objectives. The objectives of an industry partnership are to: A. Organize businesses, employers, workers, labor organizations and industry associations into a collaborative structure that supports the sharing of information, ideas and challenges common to their industry cluster; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. Identify the training needs of multiple businesses, especially a shortage of skills that are critical to the competitiveness and innovation of the industry cluster; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] C. Facilitate economies of scale by aggregating training and education needs of multiple employers; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] D. Help educational and training institutions align curricula and programs to industry demand, particularly for high-skill occupations; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] E. Foster and strengthen relationships between and among education programs working to address the needs of related industry sectors; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] F. Facilitate relationships, remove barriers and leverage and align resources between participating departments and agencies of State Government and employers working to address the needs of related industry sectors; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] G. Inform and collaborate with the career and technical education centers, the boards of the local workforce investment areas designated pursuant to the federal Workforce Innovation and Opportunity Act, Public Law 113-128, youth councils, business-education partnerships, secondary and postsecondary educational institutions, parents and career counselors for the purpose of addressing the challenges of connecting disadvantaged adults and youth to careers; [PL 2017, c. 110, §31 (AMD).] H. Help companies identify and collaborate to address common organizational and human resource challenges, including, but not limited to, recruiting new workers, retraining dislocated workers, hiring foreign-trained professionals, retaining incumbent workers, implementing a high-performance work organization, adopting new technologies and fostering experiential and contextualized on-the-job learning; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] I. Develop and strengthen career ladders within and across companies, enabling entry-level workers to improve skills and advance to higher-wage jobs; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] J. Help companies in an industry partnership to attract potential employees from a diverse pool of persons seeking jobs, including veterans and individuals with barriers to employment, such as persons who are economically disadvantaged, people with disabilities, youth, older workers, ex-offenders and others; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] K. Strengthen connections among businesses in industry clusters, leading to cooperation beyond workforce issues that would improve competitiveness and job quality, such as joint purchasing, market research or centers for technology and innovation. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2017, c. 110, §31 (AMD).]

2. Responsibilities of the collaborative. The collaborative shall: A. Provide support and staffing assistance to the industry partnerships established under this chapter; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. Create an industry partnership to advise the collaborative, the State Workforce Development Board established in section 2006 and the boards of the local workforce investment areas designated pursuant to the federal Workforce Innovation and Opportunity Act, Public Law 113-128 on aligning state policies and leveraging resources across systems, including workforce development, education and economic development; [PL 2025, c. 154, §13 (AMD).] C. Include requirements that support industry partnerships in all relevant programs, grants and new initiatives; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] D. Use industry partnerships as a connective framework across systems and programs when applying for federal and private funds. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2025, c. 154, §13 (AMD).]

3. Agency and educational program roles and responsibilities. The collaborative shall provide staffing assistance to industry partnerships and shall assist the industry partnerships in achieving the objectives described in subsection 1 . Other agencies that by statute, rule, funding or other policies affect employers and employees shall cooperate with the collaborative by: A. Maintaining up-to-date information on jobs, wages, benefits, skills and careers of workers affected by such agency actions; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. Developing and implementing policies that improve the jobs and careers of workers affected by such agency actions; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] C. Reporting their job creation strategies and workforce needs to the collaborative. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

4. Evaluation information. Upon request, all departments and agencies of this State shall provide to the collaborative any information that will assist the collaborative in carrying out the provisions of this chapter, including any performance measurement information necessary to evaluate any program or policy affecting workforce development in the State. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

5. Agency cooperation. At a minimum, the following departments and agencies shall work with the collaborative in the following manner. A. The Department of Labor shall: (1) Coordinate the collaborative and serve as lead agency in convening collaborative members; (2) Advise the collaborative of the Department of Labor's workforce and economic development strategies, programs and initiatives; and (3) Align existing training programs with industry partnerships. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. The Department of Economic and Community Development shall: (1) Advise the collaborative of the Department of Economic and Community Development's workforce and economic development strategies, programs and initiatives; (2) Align existing training programs with industry partnerships; (3) Make relevant business assistance programs available to industry partnerships; (4) Coordinate with the collaborative on areas of business retention; and (5) Advise the collaborative of the Department of Economic and Community Development's programs to improve competitiveness in industry and strategies for forming industry clusters. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] C. The Department of Corrections, within existing resources, shall: (1) Align training for inmates with industry clusters and high-priority occupations and annually review these training programs to ensure that the training programs prepare inmates for high-priority occupations; and (2) Align reentry programs to take advantage of information and career opportunities provided by industry partnerships. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] D. The Department of Education shall: (1) Develop curricula and build cross-agency and program partnerships to support career pathways; (2) Support innovative programs to address literacy, including English as a second language, numeracy shortcomings and soft skills training, especially in those occupations critical to targeted industry clusters; (3) Work with the collaborative to develop programs and strategies to reduce barriers to adult education; (4) Coordinate career education initiatives in middle and secondary schools, career and technical education programs and adult education; (5) Facilitate employer engagement with local adult education and career and technical education programs to align training with employer needs; (6) Advise the collaborative in developing industry partnerships and career pathways in cooperation with employers; (7) Coordinate educational initiatives with postsecondary education programs; (8) Support initiatives to develop industry-recognized credentials and new programs providing academic credits in the State's public and private postsecondary institutions, especially in occupations critical to targeted industry clusters; and (9) Work cooperatively with the collaborative and other agencies and education programs to leverage resources and share data regarding statewide workforce needs. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] E. The Department of Health and Human Services shall: (1) Create and maintain innovative programs that connect qualified clients of the Temporary Assistance for Needy Families program, as defined in Title 22, section 3762, subsection 1 , with employment opportunities in the targeted industry clusters; (2) Support strategies to prepare those clients for success in postsecondary education and training programs; (3) Work with other agencies and education programs to develop career pathways and education initiatives that provide those clients with information to guide their education and training plans; and (4) Collect and share aggregate employment information with the relevant industry partnership to the extent allowed by applicable federal and state laws, rules and regulations. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] F. The Department of Professional and Financial Regulation shall: (1) Advise the collaborative on professional licensing opportunities and criteria; (2) Provide the collaborative aggregate information on active professional licenses as needed in analyzing data that will support or sustain industry partnerships; and (3) Assist the collaborative in developing strategies that will reduce barriers to obtaining professional licensure within industry clusters where it may be required. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] G. The Maine Community College System shall: (1) Develop curricula and build cross-postsecondary institution and program partnerships to support career pathways; (2) Support innovative programs to address literacy, including English as a second language, numeracy shortcomings and soft skills training, especially in those occupations critical to targeted industry clusters; (3) Work with the other members of the collaborative to develop programs and strategies to reduce barriers to adult education; (4) Advise the collaborative in developing industry partnerships and career pathways in cooperation with employers; (5) Coordinate educational initiatives with adult education and other postsecondary education programs; (6) Support initiatives to develop industry-recognized credentials and new programs providing academic credits, especially in occupations critical to targeted industry clusters; and (7) Work cooperatively with the collaborative and other agencies and education programs to leverage resources and share data regarding statewide workforce needs. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] H. The University of Maine System shall: (1) Develop curricula and build cross-postsecondary education institution and program partnerships to support career pathways; (2) Support innovative programs to address literacy, including English as a second language, numeracy shortcomings and soft skills training, especially in those occupations critical to targeted industry clusters; (3) Work with other members of the collaborative to develop programs and strategies to reduce barriers to adult education; (4) Advise the collaborative in developing industry partnerships and career pathways in cooperation with employers; (5) Coordinate educational initiatives with adult education and other postsecondary education programs; (6) Support initiatives to develop industry-recognized credentials and new programs providing academic credits, especially in occupations critical to targeted industry clusters; and (7) Work cooperatively with the collaborative and other agencies and education programs to leverage resources and share data regarding statewide workforce needs. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]
26 M.R.S. § 807 — ME Code / Title 26 / Chapter 7 / Section 807
26 §807. Requirements
Status: in_force

In addition to employer responsibilities set forth in rules adopted under Title 5, section 4572 , all employers shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements. [PL 1991, c. 474, §2 (NEW).]

1. Workplace posting. An employer shall post in a prominent and accessible location in the workplace a poster providing, at a minimum, the following information: the illegality of sexual harassment; a description of sexual harassment, utilizing examples; the complaint process available through the commission; and directions on how to contact the commission. The text of this poster may meet but may not exceed 6th-grade literacy standards. The commission may provide this poster to employers at no charge. This poster must also be available on the department's publicly accessible website and may be reproduced. [PL 2017, c. 162, §2 (AMD).]

2. Employee notification. Employers shall provide annually all employees with individual written notice that includes at a minimum the following information: the illegality of sexual harassment; the definition of sexual harassment under state law; a description of sexual harassment, utilizing examples; the internal complaint process available to the employee; the legal recourse and complaint process available through the commission; directions on how to contact the commission; and the protection against retaliation as provided pursuant to Title 5, section 4553, subsection 10, paragraph D . This notice must be initially provided within 90 days after the effective date of this subchapter. The notice must be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee's pay. [PL 1991, c. 474, §2 (NEW).]

3. Education and training. In workplaces with 15 or more employees, employers shall conduct an education and training program for all new employees within one year of commencement of employment. Training provided under this subsection must include the illegality of sexual harassment; the definition of sexual harassment under state and federal laws and federal regulations, including the Maine Human Rights Act and the Civil Rights Act of 1964, 42 United States Code, Title VII, Sections 2000e to 2000e-17; a description of sexual harassment, utilizing examples; the internal complaint process available to the employee; the legal recourse and complaint process available through the commission; directions on how to contact the commission; and the protection against retaliation as provided under Title 5, section 4553, subsection 10, paragraph D . Employers shall conduct additional training for supervisory and managerial employees within one year of commencement of employment that includes, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Education and training programs conducted under this subsection by the State, a county or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel and firefighters, may be used to meet training and education requirements mandated by any other law, rule or other official requirement. [PL 2017, c. 162, §2 (AMD).]

4. Compliance checklist. The department shall develop a compliance checklist for employers covering the requirements under subsection 3 . The checklist must be made available on the department’s publicly accessible website. The commission shall provide a link to the compliance checklist on the commission’s publicly accessible website. Employers shall use the checklist to develop a sexual harassment training program and shall keep a record of the training, including a record of employees who have received the required training. Training records must be maintained for at least 3 years and must be made available for department inspection upon request. [PL 2017, c. 162, §2 (NEW).]

5. Enforcement. The department shall enforce the notification requirement under this section and, upon inspection or complaint, shall ensure that employers have provided the training as required by subsection 3 . If the department has determined that an employer has complied with the provisions of this subchapter, that determination and all completed department enforcement actions are considered final. Department actions under this subchapter do not limit or affect the authority or jurisdiction of the commission. The commission may request department enforcement records related to a complaint filed with the commission when the complaint is related to this subsection. Such records are subject to section 3 . [PL 2017, c. 162, §2 (NEW).]

6. Penalties for violations. An employer who violates this section may be assessed a fine by the department in accordance with this subsection. A. An employer who violates the workplace posting requirement in subsection 1 may be assessed: (1) For the first violation, a fine of up to $25 per day, not to exceed $1,000; (2) For a 2nd violation occurring within 3 years of a prior violation, a fine of not less than $25 per day up to $50 per day, not to exceed $2,500; and (3) For a 3rd or subsequent violation occurring within 3 years of 2 or more prior violations, a fine of not less than $25 per day up to $100 per day, not to exceed $5,000. [PL 2017, c. 162, §2 (NEW).] B. An employer who violates the notification, education or training requirements set forth in subsection 2 or 3 may be assessed: (1) For the first violation, a fine of $1,000; (2) For a 2nd violation, a fine of $2,500; and (3) For a 3rd or subsequent violation, a fine of $5,000. [PL 2017, c. 162, §2 (NEW).] [PL 2017, c. 162, §2 (NEW).]
26 M.R.S. § 568 — ME Code / Title 26 / Chapter 6 / Section 568
26 §568. Appeals
Status: in_force

Any person aggrieved by an order or act of the director or of an inspector of the bureau or wishing to contest any citation or penalty issued under sections 45 and 46 may, within 15 working days after notice thereof, appeal from the order, act, citation or penalty to the board, which shall hold a hearing pursuant to Title 5, section 9051 et seq., and the board shall, after the hearing, issue an appropriate order either approving, disapproving or modifying the order, act, citation or penalty. [PL 1977, c. 694, §462 (RPR).]

Any such order of the board or any rule or regulation formulated by the board shall be subject to review by the Superior Court, pursuant to Title 5, section 8058 or section 11001 et seq. [PL 1977, c. 694, §462 (RPR).]
26 M.R.S. § 1165 — ME Code / Title 26 / Chapter 13 / Section 1165
26 §1165. Federal Advance Interest Fund
Status: in_force

The Federal Advance Interest Fund shall be a special nonlapsing fund in the State Treasury. All receipts, including interest, fines and penalties collected from the special assessment as defined in section 1241 , shall be paid into this fund. Income from investment of this fund shall be deposited to the credit of the fund. All money in the fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury. [PL 1983, c. 738, §1 (NEW).]

The money in this fund shall be used exclusively for the purpose of paying interest incurred on advances received from the Federal Unemployment Trust Fund. If, as of December 31st of any year, no interest is payable and no balance of interest-bearing advances exists in the Unemployment Compensation Fund, the unobligated and unencumbered balance of the Federal Advance Interest Fund in excess of $50,000 shall be transferred to the Unemployment Compensation Fund by January 31st of the following year. [PL 1983, c. 738, §1 (NEW).]
26 M.R.S. § 3802 — ME Code / Title 26 / Chapter 49 / Section 3802
26 §3802. Essential Support Workforce Advisory Committee (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/28) (WHOLE SECTION TEXT REPEALED 1/01/28 by T. 26, §3803) (REALLOCATED FROM TITLE 26, SECTION 3702)
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 3702)

1. Advisory committee established. The Essential Support Workforce Advisory Committee, as established in Title 5, section 12004‑I, subsection 54‑E and referred to in this chapter as "the advisory committee," is established to advise the Legislature, the Governor and state agencies on the State's shortage of essential support workers. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

2. Membership. The advisory committee consists of 14 members, appointed as follows: A. One member of the Senate, appointed by the President of the Senate; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] B. One member of the House of Representatives, appointed by the Speaker of the House; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] C. The Commissioner of Health and Human Services or the commissioner's designee; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] D. The Commissioner of Labor or the commissioner's designee; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] E. One member representing an organization providing services to persons with intellectual disabilities and autism who is a member of a statewide association of providers of services to persons with intellectual disabilities and autism, appointed by the President of the Senate; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] F. One member representing a facility-based long-term care provider who is a member of a statewide association of facility-based long-term care providers, appointed by the President of the Senate; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] G. One member representing a service coordination agency for people receiving home-based and community-based long-term care, appointed by the President of the Senate; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] H. One member representing an organization providing statewide homemaker services through a state-funded, independent, support service program, appointed by the President of the Senate; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] I. One member representing an institution of higher education engaged in workforce development, appointed by the President of the Senate; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] J. One member representing a career and technical education center or region, appointed by the Speaker of the House; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] K. One member representing an organization promoting independent living for persons with disabilities, appointed by the Speaker of the House; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] L. One member who is an essential support worker, appointed by the Speaker of the House; [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] M. One member representing a statewide advocacy association that broadly advocates for people who are entitled to receive essential support worker services, appointed by the Speaker of the House; and [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] N. One member representing an organization providing services to persons with behavioral health challenges who is a member of a statewide association of providers of services to persons with behavioral health challenges, appointed by the Speaker of the House. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

3. Meetings. The advisory committee may meet as often as necessary but shall meet not fewer than 3 times a year. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

4. Chairs. At its first meeting, the advisory committee shall select a chair and vice-chair from among its members and may select a new chair and vice-chair annually. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

5. Terms of appointments. Members of the advisory committee, except for Legislators, are appointed for terms of 3 years and may serve beyond their designated terms until their successors are appointed. The terms of appointment of Legislators run concurrently with their respective legislative terms of office. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

6. Legislative members not entitled to compensation. Notwithstanding Title 3, section 2 or any other law to the contrary, legislative members are not entitled to per diem pay or expenses for any advisory committee meetings the member attends. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

7. Staffing. The Department of Labor shall provide staff support for advisory committee meetings and may provide other support to the advisory committee. To the extent funding is available, the advisory committee may contract for staff services as needed. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

8. Duties and powers. The advisory committee shall: A. Collaborate with the Department of Labor, the Department of Health and Human Services, the State's institutions of higher education, the State's adult education programs and career and technical education centers and regions and any other state agencies to examine staffing level needs in the essential support workforce, including entities funded by the State and through the MaineCare program; [PL 2021, c. 668, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] B. Make recommendations to state agencies and the Legislature related to recruitment and retention of essential support workers; [PL 2021, c. 668, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] C. Monitor essential support worker shortages and the expansion of the essential support workforce to examine if actions taken to promote expansion in the essential support workforce have been successful; [PL 2021, c. 668, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] D. Make recommendations to the Department of Labor, the Department of Health and Human Services, the Legislature and other state agencies regarding additional research needed to further the expansion of the essential support workforce; [PL 2021, c. 668, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] E. Collect data related to the essential support workforce; [PL 2021, c. 668, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] F. Examine benefit cliff effects on essential support workers and recommend and develop a pilot project to mitigate benefit cliff effects on essential support workers; and [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] G. Make recommendations to the Legislature, including any suggested legislation. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).] [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

9. Departments to provide updates. The Department of Labor and the Department of Health and Human Services shall provide quarterly updates to the advisory committee regarding their efforts to expand the State's essential support workforce. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

10. Report to Legislature. Beginning January 1, 2023 and annually thereafter, the advisory committee shall submit a report to the joint standing committees of the Legislature having jurisdiction over labor matters and health and human services matters on its activities under this chapter. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]

11. Funding. The advisory committee may seek, accept and expend outside funding to carry out its duties. The advisory committee may accept funds from the Federal Government pursuant to the federal American Rescue Plan Act of 2021, Public Law 117-2, to the extent the funds are eligible to be used for the purposes of the advisory committee in accordance with federal law and regulations. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §98 (RAL).]
26 M.R.S. § 1295 — ME Code / Title 26 / Chapter 14 / Section 1295
26 §1295. 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, §4 (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, §4 (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, §4 (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, §4 (NEW).] [PL 2019, c. 389, §4 (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. The public employer shall provide the following information regarding newly hired judicial employees and, upon request, regarding all other judicial 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 judicial employees, the public employer shall provide the information required under this paragraph not later than 30 calendar days after the date a prospective judicial employee accepts an offer of employment or not later than 30 calendar days after the date of hire for all judicial employees. At the request of the bargaining agent, but not more than quarterly, the public employer shall provide the required information for all other judicial employees in the bargaining unit within 30 calendar days. [PL 2023, c. 467, §7 (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, §4 (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, §§7, 8 (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, §4 (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, §4 (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, §4 (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, §4 (NEW).]
26 M.R.S. § 1289 — ME Code / Title 26 / Chapter 14 / Section 1289
26 §1289. Prevention of prohibited acts
Status: in_force

1. Prevention of prohibited acts; board powers. The board may prevent any person, the public employer, any judicial employee, any judicial employee organization or any bargaining agent from engaging in any of the prohibited acts enumerated in section 1284 . 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 1983, c. 702 (NEW).]

2. Complaints. The public employer, a judicial employee, a judicial employee organization or a bargaining agent that believes that any person, the public employer, any judicial employee, any judicial 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 and shall forthwith cause an investigation to be conducted. The executive director shall attempt to obtain and evaluate sworn affidavits from persons having knowledge of the facts. If it is determined that the sworn 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 it is determined from the sworn facts that the complaint is meritorious, the executive director shall recommend a proposed settlement. The parties have 30 days after the recommendations are made to resolve their dispute. If the parties have not resolved their dispute by the end of the 30-day period, either party or the executive director may make the recommendations public, but not until the expiration of the 30-day period, unless the parties otherwise agree. 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 the 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 that proceeding and to present testimony. This subsection does not restrict the right of the board to require the executive director or the executive director's designee to hold a prehearing conference on any prohibited practice complaint prior to the hearing before the board and to take whatever action, including dismissal, attempting to resolve disagreements between the parties or recommending an order to the board, as the executive director or the executive director's designee may determine appropriate, subject to review by the board. [RR 2023, c. 2, Pt. E, §130 (COR).]

3. Cease and desist order. After hearing and argument, if, upon a preponderance of the evidence received, the board is of the opinion that any party named in the complaint has engaged in or is engaging in such a prohibited practice, the board shall in writing state its findings of fact and the reasons for its conclusions and shall issue and cause to be served upon the party an order requiring the party to cease and desist from that prohibited practice and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act. 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 that individual was suspended or discharged for cause. [RR 2023, c. 2, Pt. E, §131 (COR).]

4. Dismissal of complaint. After hearing and argument, if the board is not persuaded by a preponderance of the evidence received that the party named in the complaint has engaged in or is engaging in any 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. [PL 1983, c. 702 (NEW).]

5. Action to compel compliance. If, after the issuance of an order by the board requiring any party to cease and desist or to take any other affirmative action, that party fails to comply with the order of the board, the party in whose favor the order operates or the board may file a civil action in the Superior Court in Kennebec County to compel compliance with the order of the board. In such action to compel compliance, the Superior Court shall not review the action of the board other than to determine questions of law. If an action to review the decision of the board is pending at the time of the commencement of an action for enforcement pursuant to this subsection or is thereafter filed, the 2 actions shall be consolidated. [PL 1983, c. 702 (NEW).]

6. Interim injunctive relief. Whenever a complaint is filed with the executive director of the board, alleging that the public employer has violated section 1284, subsection 1, paragraph F , or alleging that a judicial employee or judicial employee organization or bargaining agent has violated section 1284, subsection 2, paragraph C , the party making the complaint may simultaneously seek interim 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 that matter. [PL 1983, c. 702 (NEW).]

7. Court review. Either party may seek a review by the Superior Court in Kennebec County of a decision or order of the Maine Labor Relations Board by filing a complaint in accordance with the Maine Rules of Civil Procedure, Rule 80C, if the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested. Upon the filing of the complaint, the court shall set the complaint down for hearing and shall cause all interested parties and the board to be notified. The hearing may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. Pending review and upon application of any party in interest, the court may grant such temporary relief or restraining order and may impose such terms and conditions as it determines just and proper; except that the board's decision or order is not stayed except when it is clearly shown to the satisfaction of the court that substantial and irreparable injury will be sustained or that there is a substantial risk of danger to the public health, safety or welfare or interference with the exercise of the judicial power. The executive director shall forthwith file in the court the record in the proceeding certified by the executive director or a member of the board. The record must include all documents filed in the proceeding and the transcript, if any. After hearing, the court may enforce, modify, enforce as so modified or set aside in whole or in part the decision of the board, except that the finding of the board on questions of fact is final unless shown to be clearly erroneous. Any appeal to the Law Court must be the same as an appeal from an interlocutory order under section 6 . [PL 2011, c. 559, Pt. A, §29 (AMD).]

8. Privileges seeking injunctive relief. 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 may be required to obtain a temporary restraining order or injunction. [PL 1983, c. 702 (NEW).]

9. Interference with exercise of judicial power. The Maine Labor Relations Board shall not have power to interfere with the exercise of the judicial power. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 681 — ME Code / Title 26 / Chapter 7 / Section 681
26 §681. Purpose; applicability
Status: in_force

1. Purpose. This subchapter is intended to: A. Protect the privacy rights of individual employees in the State from undue invasion by employers through the use of substance use tests while allowing the use of tests when the employer has a compelling reason to administer a test; [PL 2017, c. 407, Pt. A, §105 (AMD).] B. Ensure that, when substance use tests are used, proper test procedures are employed to protect the privacy rights of employees and applicants and to achieve reliable and accurate results; [PL 2017, c. 407, Pt. A, §105 (AMD).] C. Ensure that an employee with substance use disorder receives an opportunity for rehabilitation and treatment of the disease and returns to work as quickly as possible; and [PL 2017, c. 407, Pt. A, §105 (AMD).] D. Eliminate drug use in the workplace. [PL 1989, c. 832, §1 (NEW).] [PL 2017, c. 407, Pt. A, §105 (AMD).]

2. Employer discretion. This subchapter does not require or encourage employers to conduct substance use testing of employees or applicants. An employer who chooses to conduct such testing is limited by this subchapter, but may establish policies that are supplemental to and not inconsistent with this subchapter. [PL 2017, c. 407, Pt. A, §105 (AMD).]

3. Collective bargaining agreements. This subchapter does not prevent the negotiation of collective bargaining agreements that provide greater protection to employees or applicants than is provided by this subchapter. A labor organization with a collective bargaining agreement effective in the State may conduct a program of substance use testing of its members. The program may include testing of new members and periodic testing of all members. It may not include random testing of members. The program may be voluntary. The results may not be used to preclude referral to a job where testing is not required or to otherwise discipline a member. Sample collection and testing must be done in accordance with this subchapter. Approval of the Department of Labor is not required. [PL 2017, c. 407, Pt. A, §105 (AMD).]

4. Home rule authority preempted. A municipality may not enact any ordinance under its home rule authority regulating an employer's use of substance use tests. [PL 2017, c. 407, Pt. A, §105 (AMD).]

5. Contracts for work out of State. All employment contracts subject to the laws of this State must include an agreement that this subchapter will apply to any employer who hires employees to work outside the State. [PL 2017, c. 407, Pt. A, §105 (AMD).]

6. Medical examinations. This subchapter does not prevent an employer from requiring or performing medical examinations of employees or applicants or from conducting medical screenings to monitor exposure to toxic or other harmful substances in the workplace, as long as these examinations are not used to avoid the restrictions of this subchapter. An examination under this subsection may not include the use of any substance use test except in compliance with this subchapter. [PL 2017, c. 407, Pt. A, §105 (AMD).]

7. Other discipline unaffected. This subchapter does not prevent an employer from establishing rules related to the possession or use of substances by employees, including convictions for substance-related offenses, and taking action based upon a violation of any of those rules, except when a substance use test is required, requested or suggested by the employer or used as the basis for any disciplinary action. [PL 2017, c. 407, Pt. A, §105 (AMD).]

8. Nuclear power plants; federal law. The following limitations apply to the application of this subchapter. A. This subchapter does not apply to nuclear electrical generating facilities and their employees, including independent contractors and employees of independent contractors who are working at nuclear electrical generating facilities. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF); PL 1989, c. 832, §2 (RPR).] B. [PL 2011, c. 196, §1 (RP).] C. This subchapter does not apply to any employer subject to a federally mandated substance use testing program, including, but not limited to, testing mandated by the federal Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V, and its employees, including independent contractors and employees of independent contractors who are working for or at the facilities of an employer who is subject to such a federally mandated substance use testing program. [PL 2017, c. 407, Pt. A, §105 (AMD).] [PL 2017, c. 407, Pt. A, §105 (AMD).]

9. Board of Licensure of Railroad Personnel; testing restricted. [PL 1993, c. 428, §3 (RP).]
26 M.R.S. § 1195 — ME Code / Title 26 / Chapter 13 / Section 1195
26 §1195. Extended benefits
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Definitions. Notwithstanding any other provisions of this chapter, the following words, as used in this section, shall have the following meanings, unless the context clearly requires otherwise. A. "Exhaustee" means an individual who, with respect to any week of unemployment in the individual's eligibility period: (1) Has received, prior to that week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service members under 5 United States Code, Chapter 85, in the individual's current benefit year that includes that week; except that for the purposes of this paragraph, an individual is deemed to have received all of the regular benefits that were available to the individual although as a result of a pending appeal with respect to wages or employment, or both, that were not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits, or the individual may be entitled to regular benefits with respect to future weeks of unemployment, but those benefits are not payable with respect to that week of unemployment by reason of section 1251 ; (2) The individual's benefit year having expired prior to that week, has no or insufficient wages or employment, or both, to establish a new benefit year or, subsequent to December 31, 1971, does not qualify by having sufficient wages or employment, or both, as provided by section 1192‑A, subsection 2, paragraph F , since the beginning of the individual's prior benefit year; and (3) Does not have a right to unemployment benefits or allowances, as the case may be, under the federal Railroad Unemployment Insurance Act, or under such other federal laws as are specified in regulations issued by the United States Secretary of Labor and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law, the individual is considered an exhaustee if the other provisions of this definition are met. [PL 2025, c. 235, §15 (AMD).] B. "Eligibility period" of an individual means the period consisting of the weeks in the individual's benefit year that begin in an extended benefit period and, if the individual's benefit year ends within the extended benefit period, any weeks thereafter that begin in the period. [RR 2023, c. 2, Pt. E, §96 (COR).] C. Extended benefit period. "Extended benefit period" means a period which: (1) Begins with the 3rd week after a week for which there is a state "on" indicator; and (2) Ends with either of the following weeks, whichever occurs later: (a) The 3rd week after the first week for which there is a state "off" indicator; or (b) The 13th consecutive week of such period; provided that no extended benefit period may begin by reason of a state "on" indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this State. [PL 1981, c. 548, §3 (RPR).] D. "Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-service members pursuant to 5 United States Code, Chapter 85, payable to an individual under this section for weeks of unemployment in the individual's eligibility period. [RR 2023, c. 2, Pt. E, §97 (COR).] E. [PL 1981, c. 548, §4 (RP).] F. [PL 1981, c. 548, §4 (RP).] G. "Rate of insured unemployment," for purposes of paragraphs H and I , means the percentage derived by dividing the average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the commissioner on the basis of the commissioner's reports to the United States Secretary of Labor, by the average monthly employment covered under this chapter for the first 4 of the most recent 6 completed calendar quarters ending before the end of the 13-week period. Computations required by this paragraph must be made by the commissioner in accordance with regulations prescribed by the United States Secretary of Labor. [RR 2023, c. 2, Pt. E, §98 (COR).] H. State "off" indicator. There is a "state 'off' indicator" for this State for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter: (1) Was less than 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, or (2) Was less than 4%, except that for weeks beginning after September 25, 1982, the percentage shall be 5%. [PL 1981, c. 548, §5 (AMD).] I. State "on" indicator. There is a "state 'on' indicator" for this State for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter: (1) Equaled or exceeded 120% of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and (2) Equaled or exceeded 4%, except that for weeks beginning after September 25, 1982, the percentage shall be 5%. [PL 1981, c. 548, §6 (AMD).] J. "Regular benefits" means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service members pursuant to 5 United States Code, Chapter 85, other than extended benefits. [RR 2023, c. 2, Pt. E, §99 (COR).] K. State law. "State law" means the unemployment compensation or employment security law of any state, approved by the United States Secretary of Labor under the Internal Revenue Code of 1954, Section 3304. [PL 1971, c. 119 (NEW).] L. With respect to benefits for weeks of unemployment beginning after June 1, 1977, the determination of whether there has been a state "on" or "off" indicator beginning or ending any extended benefit period shall be made under this subsection as if paragraph I : (1) Did not contain subparagraph (1) thereof; and (2) The figure "4" contained in subparagraph (2) thereof were "5;" except that, notwithstanding any such provision of this subsection, any week for which there would otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a state "off" indicator. For weeks beginning after September 25, 1982, the figure 5 in subparagraph (2) shall be 6. [PL 1981, c. 548, §7 (AMD).] M. [PL 1977, c. 570, §25 (RP).] [PL 2025, c. 235, §15 (AMD).]

1-A. Alternate trigger. In addition to the conditions provided in subsection 1, paragraphs H and I with respect to weeks of unemployment beginning on or after January 1, 2022, the determination of whether there has been a state "on" indicator or a state "off" indicator beginning or ending any extended benefit period must be made under this subsection if: A. The average rate of seasonally adjusted total unemployment in this State, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of that week equals or exceeds 6.5%; and [PL 2021, c. 456, §27 (NEW).] B. The average rate of seasonally adjusted total unemployment in this State, as determined by the United States Secretary of Labor, for the 3-month period referred to in paragraph A equals or exceeds 110% of the average rate for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years. [PL 2021, c. 456, §27 (NEW).] There is a state "off" indicator for a week based on the rate of seasonally adjusted total unemployment in this State, as determined by the United States Secretary of Labor, only if the period consisting of the most recent 3 months for which data for all states are published before the close of such week does not result in a state "on" indicator. [PL 2021, c. 456, §27 (NEW).]

2. Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits. Except when the result would be inconsistent with the other provisions of this subchapter, as provided in the rules of the commissioner, the provisions of this chapter that apply to claims for, or the payment of, regular benefits apply to claims for, and the payment of, extended benefits. [PL 2021, c. 456, §28 (AMD).]

3. Eligibility requirements for extended benefits. An individual is eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the deputy finds that with respect to that week: A. The individual is an exhaustee; [RR 2023, c. 2, Pt. E, §100 (COR).] B. The individual has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and [RR 2023, c. 2, Pt. E, §100 (COR).] C. For each individual who files an initial claim for extended benefits after September 25, 1982, the individual has been paid wages for insured work during the individual's base period equal to at least 1 1/2 times the wages paid in that calendar quarter of the individual's base period in which those wages were highest. [RR 2023, c. 2, Pt. E, §100 (COR).] [RR 2023, c. 2, Pt. E, §100 (COR).]

3-A. (TEXT EFFECTIVE ON CONTINGENCY: Not effective if inconsistent with Federal-State Extended Compensation Act of 1970, as amended) Failure to accept or seek work as grounds for ineligibility. Notwithstanding subsection 3 , an individual is ineligible for payment of extended benefits for any week of unemployment in that individual's eligibility period if the deputy finds that during such period: A. The individual failed to accept an offer of suitable work, as defined under subsection 3‑C , or failed to apply for any suitable work to which the individual was referred by the employment service; or [PL 1993, c. 22, §3 (AMD).] B. The individual failed to actively engage in seeking work as prescribed under subsection 3‑E , unless that individual is not actively engaged in seeking work because that individual is: (1) Before any court of the United States or any state pursuant to a lawfully issued summons to appear for jury duty; or (2) Hospitalized for treatment of an emergency or a life-threatening condition. [PL 1993, c. 22, §3 (AMD).] This subsection is not in effect for the weeks beginning after March 6, 1993 and before January 1, 1995. This subsection is not in effect if inconsistent with the Federal-State Extended Compensation Act of 1970, as amended. [PL 1993, c. 22, §3 (AMD).]

3-B. Additional ineligibility. An individual who has been found ineligible for extended benefits for reason of the provisions in subsection 3‑A must also be denied benefits beginning with the first day of the week following the week in which that failure occurred and until the individual has been employed in each of 4 subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than 4 times the extended weekly benefit amount. [RR 2023, c. 2, Pt. E, §101 (COR).]

3-C. Definition. For purposes of this section, the term "suitable work" means, with respect to any individual, any work which is within the individual's capabilities, subject to the following: A. The gross average weekly remuneration payable for the work must exceed the sum of: (1) The individual's extended weekly benefit amount as determined under subsection 4 ; and (2) The amount, if any, of supplemental unemployment benefits as defined in the United States Internal Revenue Code of 1954, Section 501(c)(17)(D), payable to the individual for that week; [PL 1981, c. 228 (NEW).] B. The work must pay wages not less than the higher of: (1) The minimum wage provided by the United States Fair Labor Standards Act of 1938, Section 6(a)(1), without regard to any exemption; or (2) The applicable state or local minimum wage; and [PL 1981, c. 228 (NEW).] C. No individual may be denied extended benefits for failure to accept an offer of or apply for any job which meets the definition of suitability described in this subsection if: (1) The position was not offered to the individual in writing or was not listed with the employment service; (2) The failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 1193, subsection 3 to the extent that the criteria of suitability in that section are not inconsistent with this subsection; and (3) The individual furnishes satisfactory evidence to the deputy that the individual's prospects for obtaining work in the individual's customary occupation within a reasonably short period are good. If the evidence is determined satisfactory for this purpose, the determination of whether any work is suitable with respect to that individual must be made in accordance with the description of suitable work for regular benefit claimants in section 1193, subsection 3 without regard to the definition specified by this subsection. [RR 2023, c. 2, Pt. E, §102 (COR).] [RR 2023, c. 2, Pt. E, §102 (COR).]

3-D. Work to be in accord with labor standard provisions. Notwithstanding the provisions of subsection 3 to the contrary, no work may be deemed to be suitable work, for an individual, which does not accord with the labor standard provisions required by the United States Internal Revenue Code of 1954, Section 3304(a)(5) and set forth under section 1193, subsection 3, paragraph B . [PL 1981, c. 228 (NEW).]

3-E. Actively engaged in seeking work. For the purposes of subsection 3‑A, paragraph B , an individual shall be treated as actively engaged in seeking work during any week if: A. The individual has engaged in a systematic and sustained effort to obtain work during that week; and [PL 1981, c. 228 (NEW).] B. The individual furnishes tangible evidence that the individual has engaged in that effort during that week. [RR 2023, c. 2, Pt. E, §103 (COR).] [RR 2023, c. 2, Pt. E, §103 (COR).]

3-F. Referred to suitable work. The employment service shall refer any claimant entitled to extended benefits under subsections 3‑A to 3‑E to any suitable work which meets the criteria prescribed in subsection 3‑C . [PL 1981, c. 228 (NEW).]

4. Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period is an amount equal to the weekly benefit amount payable to the individual during the applicable benefit year. [RR 2023, c. 2, Pt. E, §104 (COR).]

5. Total extended benefit amount. The total extended benefit amount payable to an eligible individual with respect to the individual's applicable benefit year is the lesser of the following amounts: A. Fifty percent of the total amount of regular benefits that were payable to the individual under this chapter in the applicable benefit year; [RR 2023, c. 2, Pt. E, §105 (COR).] B. Thirteen times the individual's weekly benefit amount that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year; and [RR 2023, c. 2, Pt. E, §105 (COR).] C. Thirty-nine times the individual's weekly benefit amount that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits that were paid, or deemed paid, to the individual under this chapter with respect to the benefit year. [RR 2023, c. 2, Pt. E, §105 (COR).] Notwithstanding any other provisions of this chapter, if the benefit year of an individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would, except for this subsection, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, must be reduced, but not below zero, by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year multiplied by the individual's weekly benefit amount for extended benefits. [RR 2023, c. 2, Pt. E, §105 (COR).]

5-A. Total extended benefit amount in high unemployment period. With respect to weeks of unemployment beginning on or after January 1, 2022, effective with respect to weeks beginning in a high unemployment period, subsection 5 must be applied by substituting: A. "Eighty percent" for "50%" in paragraph A ; [PL 2021, c. 456, §29 (NEW).] B. "Twenty" for "13" in paragraph B ; and [PL 2021, c. 456, §29 (NEW).] C. "Forty-six" for "39" in paragraph C . [PL 2021, c. 456, §29 (NEW).] For purposes of this subsection, "high unemployment period" means any period during which an extended benefit period would be in effect if subsection 1‑A, paragraph A were applied by substituting "8%" for "6.5%." [PL 2021, c. 456, §29 (NEW).]

6. Experience rating charges. The state portion of extended benefits paid under this subchapter shall be charged to the General Fund. [PL 1971, c. 119 (NEW).]

7. Beginning and termination of extended benefit period. Whenever an extended benefit period is to become effective in this State, or an extended benefit period is to be terminated in this State the commissioner shall make an appropriate public announcement. [PL 1981, c. 548, §11 (AMD).]

7-A. Cessation of interstate extended benefits. Payment of extended benefits shall not be made to any individual for any week beginning after June 1, 1981, if extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and no extended benefit period is in effect for that week in that state. This subsection shall not apply with respect to the first 2 weeks for which extended benefits are payable, determined without regard to this subsection, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended benefit account established for the individual with respect to the benefit year. [PL 1981, c. 104 (NEW).]

8. Administration. In the administration of the provisions of this section which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the commissioner shall take such action as may be necessary to ensure that the provisions are so interpreted and applied as to meet the requirements of such Federal Act as interpreted by the United States Department of Labor, and to secure to this State the full reimbursement of the federal share of extended and regular benefits paid under this chapter that are reimbursable under the Federal Act. [PL 1977, c. 675, §22 (AMD).]

9. Notwithstanding any other provisions of this chapter, no employer's experience rating account shall be charged, and no employer shall be liable for payments in lieu of contributions, with respect to extended benefit payments which are wholly reimbursed to the State by the Federal Government. [PL 1975, c. 299, §4 (NEW).]
26 M.R.S. § 953 — ME Code / Title 26 / Chapter 9 / Section 953
26 §953. Failure to arbitrate under agreement
Status: in_force

A party aggrieved by the alleged failure, neglect or refusal of another to arbitrate in accordance with any agreement embraced within section 951 may institute proceedings in the Superior Court. Such proceedings shall be for an order directing that such arbitration proceed in the manner provided in the collective bargaining agreement or written submission agreement.

Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by law for the service of process in civil actions. The court shall hear the parties, and upon being satisfied that the making of the collective bargaining contract or the written submission agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the collective bargaining contract or the written submission agreement. If the making of the collective bargaining contract or of the written submission agreement for arbitration or the failure, neglect or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial is demanded by the party alleged to be in default, the court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referring the issue or issues to a jury in the manner provided by law for referring to a jury issues in actions not triable of right by a jury or may specially call a jury for that purpose. If the jury find that no collective bargaining contract or written submission agreement for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury find that a collective bargaining contract or written submission agreement for arbitration was made and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof. [PL 1965, c. 425, §16 (AMD).]
26 M.R.S. § 2132 — ME Code / Title 26 / Chapter 29 / Section 2132
26 §2132. Health Care Employment for Military Veterans Program
Status: in_force

1. Establishment; purpose. The department shall, using existing resources and available grant funding, establish and implement in accordance with this section the Health Care Employment for Military Veterans Program to assist eligible veterans who desire to obtain employment in civilian health care occupations in the State. [PL 2017, c. 326, §1 (NEW).]

2. Evaluation of military health care occupational specialties. The department, in implementing the program, shall create a document, referred to in this subsection as "the military-to-civilian crosswalk," that describes the military training and experience that members of the United States Armed Forces, the National Guard of any state or the Reserves of the United States Armed Forces are required to complete to engage in various military health care occupational specialties and compares that required military training and experience with the education and training requirements for equivalent or similar civilian health care occupations in this State. The military-to-civilian crosswalk must include information to assist eligible veterans, occupational licensing boards and postsecondary education institutions in the State in determining: A. The gaps that exist between the military training and experience obtained by individuals who served in specific military health care occupational specialties and the education and experience required to obtain national certification in equivalent or similar civilian health care occupations; and [PL 2017, c. 326, §1 (NEW).] B. The gaps that exist between the military training and experience obtained by individuals who served in specific military health care occupational specialties and the education and experience required to obtain any required licensure or certification to perform an equivalent or similar civilian health care occupation in this State. [PL 2017, c. 326, §1 (NEW).] [PL 2017, c. 326, §1 (NEW).]

3. Direct assistance to eligible veterans. The department, in implementing the program, shall provide direct assistance to eligible veterans. The department shall: A. Assist eligible veterans in compiling comprehensive portfolios of their military training and experience; [PL 2017, c. 326, §1 (NEW).] B. Collaborate with postsecondary education institutions in the State to assist eligible veterans in receiving academic credit for experience, education and training the eligible veterans obtained during military service; and [PL 2017, c. 326, §1 (NEW).] C. Advocate for eligible veterans who request assistance in enrolling in postsecondary education programs in the State or in securing employment in a health care occupation in the State. [PL 2017, c. 326, §1 (NEW).] [PL 2017, c. 326, §1 (NEW).]

4. Coordination with the Maine Apprenticeship Program. The department shall ensure collaboration between the program and the Maine Apprenticeship Program, established in section 3202 , to recruit employers in the State to sponsor eligible veterans to serve as apprentices in health care occupations. [PL 2017, c. 326, §1 (NEW).]

5. Priority. If the number of eligible veterans seeking assistance from the program exceeds the capacity of the program, the program shall give priority to eligible veterans who were discharged or released from military service no longer than 2 years prior to seeking assistance. [PL 2017, c. 326, §1 (NEW).]
26 M.R.S. § 595 — ME Code / Title 26 / Chapter 7 / Section 595
26 §595. Hiring of workers during a labor dispute
Status: in_force

1. Legislative findings. The Legislature finds that: A. The practice of receiving applicants for employment, conducting interviews of job applicants or performing medical examinations of job applicants at the worksite of an employer who is currently engaged in a labor dispute with that employer's employees tends to incite violence by bringing individuals who may be considered as replacements for workers to the physical focus of the labor dispute and by encouraging a direct confrontation between these individuals and the prior employees; and [RR 2023, c. 2, Pt. E, §10 (COR).] B. The presence of persons carrying dangerous weapons near sites where applications for positions with an employer involved in a labor dispute are being accepted or where interviews of those job applicants are being conducted or medical examinations of those applicants are being performed creates an unacceptable risk of violence; and [PL 1987, c. 558, §1 (NEW).] C. The public safety requires the regulation of these practices to reduce the likelihood of violence. [PL 1987, c. 558, §1 (NEW).] [RR 2023, c. 2, Pt. E, §10 (COR).]

2. Purpose. The purpose of this section is to reduce the potential for violence during labor disputes by prohibiting certain provocative acts and imposing penalties for failure to obey this section. [PL 1987, c. 558, §1 (NEW).]

3. Receiving job applicants at worksite prohibited. No employer may perform any of the following acts at any of that employer's plants, facilities, places of business or worksites where a labor dispute, strike or lockout involving the employees of that employer is in progress: A. Receiving persons for the purpose of soliciting or receiving applications for employment with the employer; [PL 1987, c. 558, §1 (NEW).] B. Conducting or having conducted interviews of applicants for employment with the employer; or [PL 1987, c. 558, §1 (NEW).] C. Performing or having performed medical examinations of applicants for employment with the employer. [PL 1987, c. 558, §1 (NEW).] Any employer who violates this subsection is subject to a civil penalty not to exceed $10,000 for each day the violation continues, payable to the State, to be recovered in a civil action. Upon request, any court of competent jurisdiction shall also enjoin the violation under section 5 . The Attorney General, the Commissioner of Labor or any employee, employees or bargaining agent of employees involved in the labor dispute may file a civil action to enforce this subsection. [PL 1987, c. 558, §1 (NEW).]

4. Hiring off-site permitted. An employer involved in a labor dispute, strike or lockout may perform hiring activities prohibited under subsection 3 at any site other than the employer's customary plants, facilities, places of business or worksites where a labor dispute, strike or lockout involving the employees of that employer is in progress. A. The employer must notify the law enforcement agencies of the county and municipality in which the hiring activities will be conducted at least 10 days before commencing hiring activities. [RR 2023, c. 2, Pt. E, §11 (COR).] B. An employee of the employer conducting hiring activities under this subsection and who is involved in the labor dispute, strike or lockout may not picket, congregate or in any way protest the hiring activities of the employer within 200 feet of the building or structure at which such activities are taking place. Violation of this paragraph is a Class E crime. [RR 2023, c. 2, Pt. E, §11 (COR).] [RR 2023, c. 2, Pt. E, §11 (COR).]

5. Dangerous weapons prohibited. It is a Class D crime for any person, including, but not limited to, security guards and persons involved in a labor dispute, strike or lockout, to be armed with a dangerous weapon, as defined in Title 17‑A, section 2, subsection 9 , at a site where applications for employment with an employer involved in a labor dispute, strike or lockout are being received or where interviews of those job applicants are being conducted or where medical examinations of those job applicants are being performed. A. A person holding a valid permit to carry a concealed handgun is not exempt from this subsection. [PL 2013, c. 424, Pt. A, §14 (AMD).] B. A security guard is exempt from this subsection to the extent that federal laws or rules required the security guard to be armed with a dangerous weapon at such a site. [PL 1987, c. 558, §1 (NEW).] C. A public law enforcement officer is exempt from this subsection while on active duty in the public service. [PL 1987, c. 558, §1 (NEW).] D. A security guard employed by an employer involved in a labor dispute, strike or lockout may be present at the location where applications for employment with the employer will be accepted, interviews of those applicants conducted or medical examinations of those applicants performed to the extent permitted under Title 32, chapter 93. Nothing in this section may be construed to extend or limit in any way the restrictions placed upon the location of private security guards under Title 32, chapter 93 . [PL 1987, c. 558, §1 (NEW).] [PL 2013, c. 424, Pt. A, §14 (AMD).]
26 M.R.S. § 626 — ME Code / Title 26 / Chapter 7 / Section 626
26 §626. Cessation of employment
Status: in_force

An employee leaving employment must be paid in full no later than the employee's next established payday. Any overcompensation may be withheld if authorized under section 635 and any loan or advance against future earnings or wages may be deducted if evidenced by a statement in writing signed by the employee. Whenever the terms of employment or the employer's established practice includes provisions for paid vacations, vacation pay on cessation of employment has the same status as wages earned. All unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must be paid to the employee on cessation of employment unless the employee is employed by an employer with 10 or fewer employees or by a public employer. If the employee’s employment is governed by a collective bargaining agreement that includes provisions addressing payment of vacation pay upon cessation of employment, the collective bargaining agreement supersedes this paragraph. [PL 2021, c. 561, §1 (AMD).]

For purposes of this section, the term "employee" means any person who performs services for another in return for compensation, but does not include an independent contractor. [PL 1991, c. 162 (NEW).]

For purposes of this subchapter, a reasonable time means the earlier of either the next day on which employees would regularly be paid or a day not more than 2 weeks after the day on which the demand is made. [PL 1991, c. 162 (AMD).]

In any action for unpaid wages brought under this subchapter, the employer may not deduct as a setoff or counterclaim any money allegedly due the employer as compensation for damages caused to the employer's property by the employee, or any money allegedly owed to the employer by the employee, notwithstanding any procedural rules regarding counteractions, provided that any overcompensation may be withheld if authorized under section 635 and any loan or advance against future earnings or wages may be deducted if evidenced by a statement in writing signed by the employee, and that nothing in this section may be construed to limit or restrict in any way any rights that the employer has to recover, by a separate legal action, any money owed the employer by the employee. [PL 1991, c. 162 (AMD).]

An action for unpaid wages under this section may be brought by the affected employee or employees or by the Department of Labor on behalf of the employee or employees. An employer found in violation of this section is liable for the amount of unpaid wages and all accrued vacation pay that must be paid to the employee or employees on cessation of employment pursuant to this section. In addition, the judgment rendered in favor of the employee or employees must include a reasonable rate of interest, an additional amount equal to twice the amount of those unpaid wages and that accrued vacation pay as liquidated damages and costs of suit, including a reasonable attorney's fee. [PL 2021, c. 561, §2 (AMD).]

Within 2 weeks after the sale of a business, the seller of the business shall pay employees of that business any wages earned while employed by the seller. If the terms of employment or the employer's established practice includes provisions for paid vacations, vacation pay on cessation of employment has the same status as wages earned. All unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must be paid to the employees on cessation of employment unless the employer has 10 or fewer employees or is a public employer. If the employees' employment is governed by a collective bargaining agreement that includes provisions addressing payment of vacation pay upon cessation of employment, the collective bargaining agreement supersedes this paragraph. The seller of a business may comply with the provisions of this paragraph through a specific agreement with the buyer in which the buyer agrees to pay any wages earned by employees through employment with the seller and to honor any paid vacation earned under the seller's vacation policy. [PL 2021, c. 561, §3 (AMD).]

For the purposes of this section, "public employer" means the State, a county, a municipality, the University of Maine System, the Maine Community College System, a school administrative unit and any other political body or its political or administrative subdivision. [PL 2021, c. 561, §4 (NEW).]
26 M.R.S. § 642 — ME Code / Title 26 / Chapter 7 / Section 642
26 §642. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 616, §1 (NEW).]

1. Bureau. "Bureau" means the Department of Labor, Bureau of Labor Standards. [PL 2003, c. 616, §1 (NEW).]

2. Code of Federal Regulations. "Code of Federal Regulations" means the Code of Federal Regulations as of January 1, 2008. [PL 2009, c. 201, §2 (AMD).]

3. Employer. "Employer" means: A. With regard to a forestry worker, a person or entity that suffers or permits any forestry worker to work; and [PL 2009, c. 201, §2 (NEW).] B. With regard to a migrant and seasonal farm worker, a farm labor contractor. [PL 2009, c. 201, §2 (NEW).] [PL 2009, c. 201, §2 (AMD).]

3-A. Farm labor contractor. "Farm labor contractor" means a person or entity that employs migrant and seasonal farm workers and that is required to register with the United States Department of Labor under the federal Migrant and Seasonal Agricultural Worker Protection Act. [PL 2009, c. 201, §2 (NEW).]

4. Forestry worker. "Forestry worker" means a person employed on a temporary or seasonal basis to perform reforestation activities, including, but not limited to, precommercial thinning, tree planting and brush clearing. [PL 2009, c. 201, §2 (AMD).]

5. Migrant and seasonal farm worker. "Migrant and seasonal farm worker" means a person employed by a farm labor contractor on a temporary or seasonal basis to perform farm labor. [PL 2009, c. 201, §2 (NEW).]

6. Worker. "Worker" means a forestry worker or migrant and seasonal farm worker. [PL 2009, c. 201, §2 (NEW).]
26 M.R.S. § 2106 — ME Code / Title 26 / Chapter 28 / Section 2106
26 §2106. Inspection by and assistance of Bureau of Labor Standards
Status: in_force

The Bureau of Labor Standards shall inspect fire departments to determine compliance with this chapter. The bureau shall assist fire departments in complying with this chapter. [PL 1995, c. 560, Pt. H, §11 (AMD); PL 1995, c. 560, Pt. H, §17 (AFF).]
26 M.R.S. § 3208 — ME Code / Title 26 / Chapter 37 / Section 3208
26 §3208. Complaints
Status: in_force

1. Review. A controversy or difference arising under an apprenticeship agreement that cannot be resolved between the sponsor and the apprentice and that is not covered by a collective bargaining agreement may be submitted by an apprentice, or the apprentice's authorized representative, to the Maine Apprenticeship Program for review. Matters covered by a collective bargaining agreement are not subject to such review. [PL 2011, c. 491, §13 (NEW).]

2. Complaint procedure. A complaint submitted under subsection 1 by an apprentice or the apprentice's authorized representative to the Maine Apprenticeship Program must be in writing and signed by the complainant or authorized representative and must be submitted within 60 days of the final decision of the sponsor. The complaint must set forth the specific matter giving rise to the complaint, together with relevant facts and circumstances. Copies of pertinent documents and correspondence must accompany the complaint. [PL 2011, c. 491, §13 (NEW).]

3. Decision; resolution. The Maine Apprenticeship Program, as appropriate, shall render an opinion on a complaint under this section within 90 days after receipt of the complaint, based upon such investigation of the matters submitted as the Maine Apprenticeship Program finds necessary and the record before it. During the 90-day period, the Maine Apprenticeship Program shall make reasonable efforts to effect a satisfactory resolution between the parties involved. If the complaint is so resolved, the Maine Apprenticeship Program shall notify the parties that the case is closed. If an opinion is rendered, the Maine Apprenticeship Program shall send copies of the opinion to all interested parties. The decision of the Maine Apprenticeship Program constitutes final agency action and is subject to court review except as otherwise provided in this section. [PL 2011, c. 491, §13 (NEW).]

4. Other remedies. This section does not preclude an apprentice from pursuing any other remedy authorized under another federal, state or local law. [PL 2011, c. 491, §13 (NEW).]

5. Application. This section does not apply to a complaint concerning discrimination or other equal opportunity matters. All such complaints must be submitted, processed and resolved in accordance with applicable state or federal law. [PL 2011, c. 491, §13 (NEW).]
26 M.R.S. § 782 — ME Code / Title 26 / Chapter 7 / Section 782
26 §782. Parent, guardian or custodian
Status: in_force

1. Permitting or allowing child to work. A person who has control over a child as parent, guardian, custodian or otherwise may not permit or allow the child to be employed or to work in violation of this subchapter. [PL 2003, c. 452, Pt. O, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Work permit containing false information. A person may not present, or permit or allow a child over which the person has control to present, to an employer, owner or superintendent or an overseer or agent as required under section 775 a work permit containing a false statement as to the date of birth or age of the child, knowing it to be false. [PL 2003, c. 452, Pt. O, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalties. A person who violates this section commits a civil violation for which a fine of not less than $10 and not more than $50 for each offense may be adjudged. [PL 2003, c. 452, Pt. O, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
26 M.R.S. § 1419 — ME Code / Title 26 / Chapter 19 / Section 1419
26 §1419. General provisions
Status: in_force

1. Definitions. As used in this article, unless the context otherwise indicates, the following terms have the following meanings. A. "Deaf person" means a person whose sense of hearing is nonfunctional for the purpose of ordinary communication. [PL 1995, c. 560, Pt. F, §13 (NEW).] B. "Hard-of-hearing person" means a person whose sense of hearing is defective, but still functional, with or without amplification. [PL 1995, c. 560, Pt. F, §13 (NEW).] B-1. "Person with a disability" means a person who is unable to communicate by telephone because of a vision, mobility or other physical or mental impairment. [PL 1997, c. 751, Pt. A, §1 (NEW).] B-2. "Specialized customer communications equipment" means communications equipment used by persons with disabilities to conduct telephone communications. "Specialized customer communications equipment" includes but is not limited to teletypewriters, artificial larynges, signaling devices, amplified handsets, telecoil technology, large number dial overlays, direct telephone dialing and fax machines. [PL 2019, c. 343, Pt. UUU, §1 (AMD).] C. "Speech-impaired person" means a person whose speech is nonfunctional or defective for the purpose of ordinary communication. [PL 1995, c. 560, Pt. F, §13 (NEW).] D. [PL 1997, c. 751, Pt. A, §2 (RP).] E. "Telecommunications relay service" means a service transmitting messages and information between a person using standard telephone equipment for spoken communications and a deaf, hard-of-hearing or speech-impaired person using a telecommunications device for the deaf. [PL 1995, c. 560, Pt. F, §13 (NEW).] F. "Late deafened" means that the sense of hearing of an individual is nonfunctional for the purpose of communication and that the individual must depend primarily upon visual communication. The loss of the sense of hearing for a late-deafened individual occurs after the development of speech and language. [PL 2009, c. 174, §20 (NEW).] [PL 2019, c. 343, Pt. UUU, §1 (AMD).]

2. Specialized customer communications equipment system. The department shall consult with appropriate agencies and organizations serving deaf, hard-of-hearing or speech-impaired persons and persons with disabilities concerning the needs of the specialized customer communications equipment system. To the extent that funds are available, the department shall take steps necessary to preserve and maintain a viable specialized customer communications equipment system for use by deaf, hard-of-hearing or speech-impaired persons and persons with disabilities in this State, including, but not limited to, providing for repair services and equipment for loaning to persons whose specialized customer communications equipment is being repaired. The department may also use available funds to provide training in the use of specialized customer communications equipment. [PL 2003, c. 553, Pt. A, §2 (AMD).]
26 M.R.S. § 967 — ME Code / Title 26 / Chapter 9-A / Section 967
26 §967. Determination of bargaining agent
Status: in_force

1. Voluntary recognition. Any public employee organization may file a request with a public employer alleging that a majority of the public employees in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the public employer and the employees' organization. Such request must describe the grouping of jobs or positions that constitute the unit claimed to be appropriate and must include a demonstration of majority support. Such request for recognition may be granted by the public employer. [PL 2019, c. 135, §1 (AMD).]

1-A. Majority sign-up. If a request by a public employee organization for recognition pursuant to subsection 1 is not granted by the public employer, the executive director of the board or a designee shall examine the demonstration of support. If the executive director of the board or a designee finds that a majority of the employees in a unit appropriate for bargaining have signed valid authorizations designating the employees' organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the board may not direct an election but shall certify the employees' organization as the representative. However, if the majority status of the employees in the appropriate unit is in question, the executive director of the board or a designee shall call an election to determine whether the organization represents a majority of the members in the bargaining unit. [PL 2019, c. 135, §1 (NEW).]

2. Elections. The executive director of the board, or a designee, pursuant to subsection 1‑A , or upon signed petition of at least 30% of a bargaining unit of public employees that they desire to be represented by an organization, shall conduct a secret ballot election to determine whether the organization represents a majority of the members in the bargaining unit. Such an election may be conducted at suitable work locations or through the United States mail, and the procedures adopted and employed must ensure that neither the employee organizations or the management representatives involved in the election have access to information that would identify a voter. The ballot must contain the name of such organization and that of any other organization showing written proof of at least 10% representation of the public employees within the unit, together with a choice for any public employee to designate that the public employee does not desire to be represented by any bargaining agent. When more than one organization is on the ballot and no one of the 3 or more choices receives a majority vote of the public employees voting, a run-off election must be held. The run-off ballot must contain the 2 choices that received the largest and 2nd-largest number of votes. When an organization receives the majority of votes of those voting, the executive director of the board shall certify it as the bargaining agent. The bargaining agent certified as representing a bargaining unit must be recognized by the public employer as the sole and exclusive bargaining agent for all of the employees in the bargaining unit unless and until a decertification election by secret ballot is held and the bargaining agent declared by the executive director of the board as not representing a majority of the unit. Whenever 30% of the employees in a certified bargaining unit petition for a bargaining agent to be decertified, the procedures for conducting an election on the question are the same as for representation as bargaining agent as established in this section. [PL 2019, c. 135, §1 (AMD).]

3. Merger of bargaining agents. Two or more bargaining agents who are certified by the executive director of the board and who are members or affiliates of the same public employee organization may elect to merge. Bargaining agents seeking to merge shall file with the executive director of the board, or a designee, a petition describing the proposed merger. On receipt of a petition under this subsection, the executive director of the board shall conduct an election among the employees represented by the petitioning bargaining agents in which the only question on the ballot is the proposed merger of the bargaining agents. On an affirmative vote of the majority of the employees represented by each petitioning bargaining agent, the executive director of the board shall order the merger. After a merger is ordered, the parties to a contract in which one party to that contract is one of the merged bargaining agents shall honor the terms of the contract unless the public employer and the merged bargaining agent agree to different terms. [PL 2023, c. 240, §1 (NEW).]

A question concerning representation may not be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, a question concerning unit or representation may not be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. The not more than 90-day nor less than 60-day period prior to the expiration date of an agreement regarding unit determination and representation does not apply to matters of unit clarification. [PL 2019, c. 135, §1 (AMD).]

The bargaining agent certified by the executive director of the board as the exclusive bargaining agent shall represent all the public employees within the unit without regard to membership in the organization certified as bargaining agent, except that any public employee at any time may present that public employee's grievance to the public employer and have such grievance adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect and if the bargaining agent's representative has been given reasonable opportunity to be present at any meeting of the parties called for the resolution of such grievance. [PL 2019, c. 135, §1 (AMD).]
26 M.R.S. § 1411-G — ME Code / Title 26 / Chapter 19 / Section 1411-G
26 §1411-G. Gifts
Status: in_force

The commissioner, with the approval of the Governor, may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this article. Gifts made under conditions that in the judgment of the department are proper and consistent with this article may be accepted, with the approval of the Governor, and must be held, invested, reinvested and used in accordance with the conditions of the gift. All money received as gifts or donations must be deposited in the State Treasury and constitutes a permanent fund to be called the Special Fund for Rehabilitation of People with Disabilities and to be used by the department to defray the expenses of rehabilitation in special cases as determined by the commissioner, including the payment of necessary expenses of persons undergoing training. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 2107 — ME Code / Title 26 / Chapter 28 / Section 2107
26 §2107. Rules
Status: in_force

The Board of Occupational Safety and Health shall adopt rules to carry out and enforce this chapter. [PL 1993, c. 50, §1 (AMD).]

The Board of Occupational Safety and Health may issue advisory rulings in accordance with Title 5, section 9001 with respect to the applicability of this chapter. [PL 1993, c. 285, §1 (NEW).]
26 M.R.S. § 1285 — ME Code / Title 26 / Chapter 14 / Section 1285
26 §1285. Obligation to bargain; methods of resolving disputes
Status: in_force

1. Negotiations. On and after the effective date of this chapter, it shall be the obligation of the public employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purpose of this chapter, their mutual obligation: A. To meet at reasonable times; [PL 1983, c. 702 (NEW).] B. To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, provided that the parties have not otherwise agreed in a prior written contract; [PL 1983, c. 702 (NEW).] C. To execute in writing an agreement between the public employer and the bargaining agent. An agreement under this paragraph is subject to negotiation and may not exceed 2 years; [PL 2023, c. 405, Pt. A, §101 (RPR).] D. To participate in good faith in the mediation, fact finding, arbitration and mediation-arbitration procedures required by this section; and [RR 2021, c. 2, Pt. A, §94 (COR).] E. To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession. All matters relating to the relationship between the employer and employees are the subject of collective bargaining, except those matters that are prescribed or controlled by law. Such matters appropriate for collective bargaining, to the extent they are not prescribed or controlled by law, include, but are not limited to: (1) Wage and salary schedules to the extent they are inconsistent with rates prevailing in commerce and industry for comparable work within the State; (2) Work schedules relating to assigned hours and days of the week; (3) Use of vacation or sick leave, or both; (4) General working conditions; (5) Overtime practices; and (6) Rules for personnel administration, except for rules relating to applicants for employment and employees in an initial probationary status, including any extensions thereof, as long as the rules are not discriminatory by reason of an applicant's actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status. Cost items must be included in the Judicial Department's next operating budget in accordance with Title 4, section 24 . If the Legislature rejects any of the cost items submitted to it, all cost items submitted must be returned to the parties for further bargaining. Cost items related to a collective bargaining agreement reached under this chapter and submitted to the Legislature for its approval under this subsection may not be submitted in the same legislation that contains cost items for employees exempted from the definition of "judicial employee" under section 1282, subsection 5 , except that cost items for employees exempted under section 1282, subsection 5, paragraph F need not be excluded. [PL 2021, c. 553, §19 (AMD); PL 2021, c. 601, §10 (AMD).] [PL 2023, c. 405, Pt. A, §101 (AMD).]

2. Mediation. A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between the employer and employees or their representatives and other disputes subject to settlement through mediation. [PL 1983, c. 702 (NEW).] B. Mediation procedures, as provided by section 965, subsection 2 , shall be followed whenever either party to a controversy requests such services prior to arbitration, or at any time on motion of the Maine Labor Relations Board or its executive director. [PL 1983, c. 702 (NEW).] C. The employer, union or employees involved in collective bargaining shall notify the Executive Director of the Maine Labor Relations Board, in writing, at least 30 days prior to the expiration of a contract, or 30 days prior to entering into negotiations for a first contract between the employer and the employees, or whenever a dispute arises between the parties threatening interruption of work, or under both conditions. [PL 1983, c. 702 (NEW).] D. Any information disclosed by either party to a dispute to the panel or any of its members in the performance of this subsection shall be privileged. [PL 1983, c. 702 (NEW).] [PL 1983, c. 702 (NEW).]

3. Fact-finding. A. If the parties, either with or without the services of a mediator, are unable to effect a settlement of their controversy, they may agree either to call upon the Maine Labor Relations Board for fact-finding services with recommendations or to pursue some other mutually acceptable fact-finding procedure, including use of the Federal Mediation and Conciliation Service or the American Arbitration Association according to their respective procedures and rules. [PL 1983, c. 702 (NEW).] B. If so requested, the executive director shall appoint a fact-finding panel, ordinarily of 3 members, in accordance with rules and procedures prescribed by the board for making the appointment. Any person who has actively participated as the mediator in the immediate proceedings for which fact-finding has been called shall not sit on that fact-finding panel. The panel shall hear the contending parties to the controversy. It may request statistical data and reports on its own initiative in addition to the data regularly maintained by the Bureau of Labor Standards, and may administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or pertinent to the issues presented to them. The members of the fact-finding panel shall submit their findings and recommendations only to the parties and to the Executive Director of the Maine Labor Relations Board. [PL 1983, c. 702 (NEW).] C. The parties shall have a period of 30 days, after the submission of findings and recommendations from the fact finders, in which to make a good faith effort to resolve their controversy. If the parties have not resolved their controversy by the end of the period, either party or the executive director may, but not until the end of the period unless the parties otherwise agree, make the fact-finding and recommendations public. [PL 1983, c. 702 (NEW).] [PL 1983, c. 702 (NEW).]

4. Arbitration. A. In addition to the 30-day period referred to in subsection 3 , the parties shall have 15 more days, making a total of 45 days from the submission of findings and recommendations, in which to make a good faith effort to resolve their controversy. [PL 1983, c. 702 (NEW).] B. If the parties have not resolved their controversy by the end of that 45-day period, either party may petition the board to initiate compulsory final and binding arbitration of the negotiations' impasse. On receipt of the petition, the executive director of the board shall investigate to determine if an impasse has been reached. If the executive director so determines, the executive director shall issue an order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties, within 10 days after the issuance of the order, have not selected an arbitrator or an arbitration panel, the board shall order each party to select one arbitrator and, if these 2 arbitrators cannot in 5 days select a 3rd neutral arbitrator, the board shall submit a list from which the parties may alternately strike names until a single name is left, and that person must be appointed by the board as arbitrator. In reaching a decision under this paragraph, the arbitrator shall consider the following factors: (1) The interests and welfare of the public and the financial ability of State Government to finance the cost items proposed by each party to the impasse; (2) Comparison of the wages, hours and working conditions of the employees involved in the arbitration proceeding with the wages, hours and working conditions of other employees performing similar services in the executive and legislative branches of government and in public and private employment in other jurisdictions competing in the same labor market; (3) The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received; (4) Other factors not confined to the foregoing that are normally and traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment, including the average Consumer Price Index; (5) The need of the Judicial Department for qualified employees; (6) Conditions of employment in similar occupations outside State Government; (7) The need to maintain appropriate relationships between different occupations in the Judicial Department; and (8) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities. [RR 2023, c. 2, Pt. E, §122 (COR).] With respect to controversies over salaries, pensions and insurance, the arbitrator shall recommend terms of settlement and may make findings of fact. The recommendations and findings shall be advisory and shall not be binding upon the parties. The determination by the arbitrator on all other issues shall be final and binding on the parties. A hearing must be informal and the rules of evidence for judicial proceedings are not binding. Any documentary evidence and other information determined relevant by the arbitrator may be received in evidence. The arbitrator may administer oaths and require by subpoena attendance and testimony of witnesses and production of books and records and other evidence relating to the issues presented. The arbitrator has a period of 30 days from the termination of the hearing in which to submit a report to the parties and to the board, unless that time limitation is extended by the executive director. [RR 2023, c. 2, Pt. E, §§122, 123 (COR).]

5. Mediation-arbitration. A. The parties may agree in advance to a mediation-arbitration procedure. [PL 1983, c. 702 (NEW).] B. The parties may jointly select a mediator- arbitrator. If they are unable to agree, either party may request the Executive Director of the Maine Labor Relations Board to select a mediator-arbitrator from a panel of mediators or from the State Board of Arbitration and Conciliation. The executive director may not select a person who has served as a mediator at an earlier stage of the same proceedings. [PL 1983, c. 702 (NEW).] C. The mediator-arbitrator shall encourage the parties to reach a voluntary settlement of their dispute, but may, after a reasonable period of mediation as the mediator-arbitrator may determine, initiate an arbitration proceeding by notifying the parties of the mediator-arbitrator's intention to serve as a single arbitrator. [RR 2023, c. 2, Pt. E, §124 (COR).] D. Any hearing shall be informal and the rules of evidence for judicial proceedings shall not be binding. Any documentary evidence and other information deemed relevant by the mediator-arbitrator may be received in evidence. The mediator-arbitrator shall have the power to administer oaths and to require by subpoena attendance and testimony of witnesses and production of books and records and other evidence relating to the issues presented. [PL 1983, c. 702 (NEW).] E. In reaching a decision, the mediator-arbitrator shall consider the factors specified in section 1285, subsection 4 . With respect to controversies over salaries, pensions and insurance, the mediator-arbitrator shall recommend terms of settlement and may make findings of fact. Such recommendations and findings shall be advisory and shall not be binding on the parties. The determination of the mediator-arbitrator on all other issues shall be final and binding on the parties. [PL 1983, c. 702 (NEW).] F. The mediator-arbitrator has a period of 30 days from the termination of the hearing in which to submit a report to the parties and to the board, unless the period is extended by the executive director. [RR 2023, c. 2, Pt. E, §125 (COR).] [RR 2023, c. 2, Pt. E, §§124, 125 (COR).]

6. Reports of arbitration. The results of all arbitration and mediation-arbitration proceedings, recommendations and awards conducted under this section must be filed with the board at the offices of its executive director simultaneously with the submissions of the recommendations and award to the parties. In the event the parties settle their dispute during the arbitration or mediation-arbitration proceeding, the arbitrator, the chair of the arbitration panel or the mediator-arbitrator shall submit a report of the arbitrator's, the chair's or the mediator-arbitrator's activities to the executive director not more than 5 days after the proceeding has terminated. [RR 2023, c. 2, Pt. E, §126 (COR).]

7. Costs. The costs for the services of the mediator, the members of the fact-finding board, the neutral arbitrator and the mediator-arbitrator, including, if any, per diem expenses, and actual and necessary travel and subsistence expenses and the costs of hiring the premises where any mediation, fact-finding, arbitration or mediation-arbitration proceedings are conducted, must be shared equally by the parties to the proceedings. All other costs must be assumed by the party incurring them. [PL 1991, c. 622, Pt. O, §12 (AMD).]

8. Arbitration administration. The cost of services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as defined in section 931 , and any applicable state cost allocation program charges must be shared equally by the parties to the proceedings and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred by members of the State Board of Arbitration and Conciliation is the responsibility of the executive director. All costs must be paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing. A party who has not paid an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount collected pursuant to this provision remains in the special fund administered by the Maine Labor Relations Board and that fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this provision through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing party in the action. [PL 1991, c. 798, §8 (AMD).]
26 M.R.S. § 966 — ME Code / Title 26 / Chapter 9-A / Section 966
26 §966. Bargaining unit; how determined
Status: in_force

1. Bargaining unit standards. In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining or between the public employer and an employee or employees as to whether a supervisory or other position is included in the bargaining unit, the executive director or the executive director's designee shall make the determination, except that anyone excepted from the definition of "public employee" under section 962 may not be included in a bargaining unit. The executive director or the executive director's designee conducting unit determination proceedings has the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relative or pertinent to the issues represented to them. In determining whether a supervisory position should be excluded from the proposed bargaining unit, the executive director or the executive director's designee shall consider, among other criteria, if the principal functions of the position are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards. This chapter is not intended to require the exclusion of principals, assistant principals or other supervisory employees from school system bargaining units that include teachers and nurses in supervisory positions. [RR 2023, c. 2, Pt. E, §54 (COR).]

2. Bargaining unit compatibility. The executive director of the board or the executive director's designee shall decide in each case whether, in order to ensure to employees the fullest freedom in exercising the rights guaranteed by this chapter and in order to ensure a clear and identifiable community of interest among employees concerned, the unit appropriate for purposes of collective bargaining is the public employer unit or any subdivision thereof. A unit may not include both professional and nonprofessional employees unless a majority of the professional employees vote for inclusion in the unit, except that teachers may be included in a unit consisting of other certificated employees. [RR 2023, c. 2, Pt. E, §55 (COR).]

3. Unit clarification. Where there is a certified or currently recognized bargaining representative and where the circumstances surrounding the formation of an existing bargaining unit are alleged to have changed sufficiently to warrant modification in the composition of that bargaining unit, any public employer or any recognized or certified bargaining agent may file a petition for a unit clarification provided that the parties are unable to agree on appropriate modifications and there is no question concerning representation. [PL 1975, c. 697, §2 (NEW).]

4. Unit merger; same bargaining agent. If there is the same certified or currently recognized bargaining representative of public employees in multiple bargaining units with the same public employer, the public employer or certified or recognized bargaining representative may file a petition with the executive director to merge those bargaining units. Upon the finding of the executive director or the director's designee that the expanded unit would conform with the requirements set forth in this subsection, the executive director shall order an election within each bargaining unit to determine whether a majority of the employees voting in each bargaining unit wish to be within the expanded unit. The only question on the ballot in a merger election is approval or disapproval of the proposed merger. The executive director or the director's designee shall certify the bargaining agent for an expanded unit consisting of any bargaining units in which a majority of the employees voting approved the merger. A. After an expanded unit is certified, the parties shall then bargain over modifications needed in order to provide for the wages, hours and working conditions or contract grievance arbitration for the newly included positions in any existing collective bargaining agreement or any collective bargaining agreement being negotiated. When there is an unexpired collective bargaining agreement in the merged bargaining unit with a different expiration date from any other collective bargaining agreement in the merged bargaining unit, all contracts must be honored to their expiration dates unless mutually agreed to otherwise by the public employer and the bargaining agent. Collective bargaining agreements may be bargained on an interim basis in any merged bargaining unit so that all collective bargaining agreements expire on the same date. [PL 1993, c. 38, §1 (AMD).] B. If a petition has been filed by a competing organization for decertification of the current bargaining agent for any of the bargaining units subject to the merger, then the decertification petition takes precedence over a petition to merge bargaining units. [PL 1989, c. 236 (NEW).] C. A public employer or certified or recognized bargaining representative may not file more than once a year with the executive director to merge or combine bargaining units for the same bargaining unit. [PL 1989, c. 236 (NEW).] D. The executive director or the director's designee conducting unit merger proceedings may administer oaths and may require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relating to the issues presented to the executive director or the director's designee. [PL 1989, c. 236 (NEW).] E. A bargaining unit composed of a majority of supervisors may not merge under this subsection with any other bargaining unit. [PL 1989, c. 236 (NEW).] F. A bargaining unit composed of teachers may not merge under this subsection with a bargaining unit of nonprofessional employees. [PL 1989, c. 236 (NEW).] [PL 1993, c. 38, §1 (AMD).]
26 M.R.S. § 1417 — ME Code / Title 26 / Chapter 19 / Section 1417
26 §1417. Rehabilitation services
Status: in_force

The department, under the direction of the Governor, may establish, conduct and maintain rehabilitation work as part of its program of aid and assistance for students with disabilities. That rehabilitation work must be in cooperation with career and technical education, as provided by Title 20‑A, chapter 313 . [PL 1995, c. 560, Pt. F, §13 (NEW); PL 2005, c. 397, Pt. D, §3 (REV).]

Funds provided for aid and assistance carried on by the department may be used in providing rehabilitation services. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 3210 — ME Code / Title 26 / Chapter 37 / Section 3210
26 §3210. State office
Status: in_force

The department shall administer the Maine Apprenticeship Program through the Bureau of Employment Services within the department, referred to in this section as "the bureau." The bureau is the state office for the purposes of 29 Code of Federal Regulations, Parts 29 and 30. [PL 2011, c. 491, §13 (NEW).]

1. Director. The bureau shall employ a director of apprenticeship, who supervises the execution of apprenticeship agreements and the maintenance of standards. [PL 2011, c. 491, §13 (NEW).]

2. Records; instruction. The bureau shall keep a record of apprenticeship agreements and apprenticeship programs and ensure that all aspects of related instruction are delivered and coordinated in a timely manner. [PL 2011, c. 491, §13 (NEW).]
26 M.R.S. § 1029 — ME Code / Title 26 / Chapter 12 / Section 1029
26 §1029. Prevention of prohibited acts
Status: in_force

1. Board power to prevent prohibited acts. The board is empowered, as provided, to prevent any person, the university, any university employee, any university employee organizations, the academy, any academy employees, any academy employee organizations, the community colleges, any community college employee, any community college employee organizations; or any bargaining agent from engaging in any of the prohibited acts enumerated in section 1027 . 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 1989, c. 443, §73 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

2. Complaints. The university, any university employee, any university employee organization, the academy, any academy employee, any academy employee organization, the community colleges, any community college employee, any community college employee organization, or any bargaining agent which believes that any person, the university, any university employee, any university employee organization, the academy, any academy employee, any academy employee organization, the community colleges, any community college employee, any community college employee organization or any bargaining agent has engaged in or is engaging in any such prohibited practice may file a complaint with the executive director of the board stating the charges in that regard. No such complaint shall be filed with the executive director until the complaining party shall have served a copy thereof upon the party named in the complaint. Upon receipt of such complaint, the executive director or a designee shall review the charge to determine whether the facts as alleged may constitute a prohibited act. If it is determined that the facts do not, as a matter of law, constitute a violation, the charge shall be dismissed by the executive director, subject to review by the board. If a formal hearing is deemed 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 for the prehearing conference or the hearing, as appropriate, provided that no hearing shall 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 shall have 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 that proceeding and to present testimony. Nothing in this subsection may restrict the right of the board to require the executive director or a designee to hold a prehearing conference on any prohibited practice complaint prior to the hearing before the board and taking whatever action, including dismissal, attempting to resolve disagreements between the parties or recommending an order to the board, as the executive director or a designee may deem appropriate, subject to review by the board. [PL 1989, c. 443, §74 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

3. Board action after hearing and argument. 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 dismissed, or the payment to the individual of any back pay, if the individual was suspended or dismissed for cause. [RR 2023, c. 2, Pt. E, §69 (COR).]

4. Dismissals. After hearing and argument, if, upon a preponderance of the evidence received, the board shall not be of the opinion that the party named in the complaint has engaged in or is engaging in any such prohibited practice, then the board shall, in writing, state its findings of fact and the reasons for its conclusions and shall issue an order dismissing said complaint. [PL 1975, c. 603, §1 (NEW).]

5. Failure to comply with board order. If after the issuance of an order by the board requiring any party to cease and desist or to take any other affirmative action, said party fails to comply with the order of the board, then the party in whose favor the order operates or the board may file a civil action in the Superior Court in Kennebec County, to compel compliance with the order of the board. In such action to compel compliance, the Superior Court shall not review the action of the board other than to determine questions of law. If an action to review the decision of the board is pending at the time of the commencement of an action for enforcement pursuant to this subsection or is thereafter filed, the 2 actions shall be consolidated. [PL 1975, c. 603, §1 (NEW).]

6. Simultaneous injunctive relief. Whenever a complaint is filed with the executive director of the board alleging that the university, academy or community colleges have violated section 1027, subsection 1, paragraph F , or alleging that an employee, employee organization or bargaining agent of the university, academy or community colleges have violated section 1027, 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 1989, c. 443, §75 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

7. Court review. Either party may seek a review by the Superior Court in Kennebec County of a decision or order of the Maine Labor Relations Board by filing a complaint in accordance with the Maine Rules of Civil Procedure, Rule 80C, if the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested. Upon the filing of the complaint, the court shall set the complaint down for hearing and shall cause all interested parties and the board to be notified. The hearing may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. Pending review and upon application of any party in interest, the court may grant such temporary relief or restraining order and may impose such terms and conditions as it determines just and proper; except that the board's decision or order is not stayed except when it is clearly shown to the satisfaction of the court that substantial and irreparable injury will be sustained. The executive director shall forthwith file in the court the record in the proceeding certified by the executive director or a member of the board. The record must include all documents filed in the proceeding and the transcript, if any. After hearing, the court may enforce, modify, enforce as so modified or set aside in whole or in part the decision of the board, except that the finding of the board on questions of fact is final unless shown to be clearly erroneous. Any appeal to the Law Court must be the same as an appeal from an interlocutory order under section 6 . [PL 2011, c. 559, Pt. A, §28 (AMD).]

8. Judicial proceeding involving injunctive relief. In any judicial proceeding authorized by this subsection in which injunctive relief is sought, subsections 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 1975, c. 603, §1 (NEW).]
26 M.R.S. § 3 — ME Code / Title 26 / Chapter 1 / Section 3
26 §3. Confidentiality of records
Status: in_force

1. Confidential records. Except as provided in subsections 2 and 3 , all information and reports received by the director or the director's authorized agents under this Title are confidential for the purposes of Title 1, section 402, subsection 3, paragraph A . [PL 2015, c. 250, Pt. C, §2 (NEW).]

2. Exceptions. Reports of final bureau action taken under the authority of this Title are public records for the purposes of Title 1, chapter 13, subchapter 1 . [PL 2015, c. 250, Pt. C, §2 (NEW).]

3. Authorized disclosure. The director shall make or authorize any disclosure of information of the following types or under the following circumstances with the understanding that the confidentiality of the information will be maintained: A. Information and reports to other government agencies if the director believes that the information will serve to further the protection of the public or assist in the enforcement of local, state and federal laws; and [PL 2015, c. 250, Pt. C, §2 (NEW).] B. Information and records pertaining to the workforce, employment patterns, wage rates, poverty and low-income patterns, economically distressed communities and regions and other similar information and data to the Department of Administrative and Financial Services and the Department of Economic and Community Development for the purposes of analysis and evaluation, measuring and monitoring poverty and economic and social conditions throughout the State, and promoting economic development. [PL 2021, c. 293, Pt. A, §43 (RPR).] [PL 2021, c. 293, Pt. A, §43 (AMD).]
26 M.R.S. § 651 — ME Code / Title 26 / Chapter 7 / Section 651
26 §651. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2025, c. 232, §1 (NEW).]

1. Employ. "Employ" means to suffer or permit to work. [PL 2025, c. 232, §1 (NEW).]

2. Employee. "Employee" means an individual employed to perform agricultural labor as defined in the Employment Security Law and the Federal Unemployment Tax Act, except that members of the family of the employer who reside with and are dependent upon the employer are exempt from this subchapter. [PL 2025, c. 232, §1 (NEW).]

3. Employer. "Employer" means a person or entity that directly or indirectly engages the services or permits the work of an individual employed to perform agricultural labor or an individual employed in certain activities related to agriculture. [PL 2025, c. 232, §1 (NEW).]

4. Wages. "Wages" means compensation paid to an 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 that 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 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 2025, c. 232, §1 (NEW).]
26 M.R.S. § 2072 — ME Code / Title 26 / Chapter 27 / Section 2072
26 §2072. Hiring priority
Status: in_force

Effective January 1, 1987, any person, corporation or other entity purchasing, acquiring, leasing or otherwise obtaining from a financially related entity the right to operate a rail line or abandoned rail line in this State shall give a first right of hire to fill any subordinate official or nonmanagement position in the staffing of the new rail operation in the following order of priority: [PL 1987, c. 327 (NEW).]

1. Priority under federal law. First, all employees who are required to be accorded priority under federal law, employee protection obligations imposed by law, regulation or contracts which require the new operator to select employees of the prior operator or existing or future collective bargaining agreements; [PL 1987, c. 327 (NEW).]

2. Seniority rights. Second, all employees, in seniority order for each craft of class, who hold or held seniority rights on the line to be operated when last operated by its prior operator; [PL 1987, c. 327 (NEW).]

3. Railroad unemployment. Third, employees drawing benefits under the United States Railroad Unemployment Insurance Act, United States Code, Title 45, Section 367 et seq., in the area in which the line to be operated is located, and then within the State; and [PL 1987, c. 327 (NEW).]

4. Others. Fourth, any other individual. [PL 1987, c. 327 (NEW).]
26 M.R.S. § 1287 — ME Code / Title 26 / Chapter 14 / Section 1287
26 §1287. Determination of bargaining agent
Status: in_force

1. Voluntary recognition. Any judicial employee organization may file a request with the public employer alleging that a majority of the judicial employees in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the public employer and the employees' organization. The request must describe the grouping of jobs or positions that constitute the unit claimed to be appropriate and must include a demonstration of majority support. The request for recognition may be granted by the public employer. [PL 2023, c. 541, §3 (AMD).]

1-A. Majority sign-up. If a request by a judicial employee organization for recognition pursuant to subsection 1 is not granted by the public employer, the executive director or the executive director's designee shall examine the demonstration of support. If the executive director or the executive director's designee finds that a majority of the employees in a unit appropriate for bargaining have signed valid authorizations designating the employees' organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the board may not direct an election but shall certify the employees' organization as the representative. However, if the majority status of the employees in the appropriate unit is in question, the executive director or the executive director's designee shall call an election to determine whether the organization represents a majority of the members in the bargaining unit. [PL 2023, c. 541, §3 (NEW).]

2. Elections. The executive director, or the executive director's designee, pursuant to subsection 1‑A , or upon signed petition of at least 30% of a bargaining unit of judicial employees that they desire to be represented by an organization, shall conduct a secret ballot election to determine whether the organization represents a majority of the members of the bargaining unit. The election may be conducted at suitable work locations or through the United States mail, and the procedures adopted and employed by the board must ensure that neither the employee organizations nor the management representatives involved in the election have access to information that would identify a voter. [PL 2023, c. 541, §3 (AMD).]

3. Voting. A. The ballot must contain the name of the organization and that of any other organization showing written proof of at least 10% representation of the judicial employees within the unit, together with a choice for any judicial employee to designate that the judicial employee does not desire to be represented by any bargaining agent. When more than one organization is on the ballot and no one of the 3 or more choices receives a majority vote of the judicial employees voting, a run-off election must be held. The run-off ballot must contain the 2 choices that received the largest and 2nd largest number of votes. When an organization receives the majority of votes of those voting, the executive director or the executive director's designee shall certify the organization as the bargaining agent. The bargaining agent certified as representing a bargaining unit must be recognized by the public employer as the exclusive bargaining agent for all of the employees in the bargaining unit, until a decertification election by secret ballot is held and the bargaining agent declared by the executive director as not representing a majority of the unit. [PL 2023, c. 541, §3 (AMD).] B. Whenever 30% of the employees in a certified bargaining unit petition for a bargaining agent to be decertified, the procedures for conducting an election on the question of decertification are the same as for representation as a bargaining agent as established in this section. [PL 2023, c. 541, §3 (AMD).] C. A question concerning representation may not be raised within one year of a certification or attempted certification. When there is a valid collective bargaining agreement in effect, a question concerning unit or representation may not be raised except during the period not more than 90 days nor less than 60 days prior to the expiration date of the agreement. Unit clarification proceedings are not subject to this time limitation and may be brought at any time consistent with section 1286, subsection 4 . [PL 2023, c. 541, §3 (AMD).] D. The bargaining agent certified by the executive director or the executive director's designee as the exclusive bargaining agent shall represent all the judicial employees within the unit without regard to membership in the organization certified as the bargaining agent, except that any judicial employee at any time may present that judicial employee's grievance to the public employer and have that grievance adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect and if the bargaining agent's representative has been given reasonable opportunity to be present at any meeting of the parties called for the resolution of that grievance. [PL 2023, c. 541, §3 (AMD).] [PL 2023, c. 541, §3 (AMD).]
26 M.R.S. § 641 — ME Code / Title 26 / Chapter 7 / Section 641
26 §641. Rule of construction
Status: in_force

This subchapter must be liberally construed in light of the purposes of the law to ensure a safe working environment and safe transportation for forestry workers and migrant and seasonal farm workers and to prevent unfair competition in the marketplace by businesses whose practices would undermine safety and other employment standards. [PL 2009, c. 201, §1 (AMD).]
26 M.R.S. § 1049 — ME Code / Title 26 / Chapter 13 / Section 1049
26 §1049. Saving clause
Status: in_force

All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this chapter at any time.
26 M.R.S. § 3101-A — ME Code / Title 26 / Chapter 35 / Section 3101-A
26 §3101-A. Report required
Status: in_force

The Department of Labor annually shall provide to the joint standing committee of the Legislature having jurisdiction over labor matters the same expenditures and outcomes report provided to the United States Department of Labor for the programs operated under the federal Workforce Innovation and Opportunity Act, Public Law 113-128, and as required by that act. [PL 2019, c. 343, Pt. WWW, §1 (AMD).]
26 M.R.S. § 1291 — ME Code / Title 26 / Chapter 14 / Section 1291
26 §1291. Scope of binding contract arbitration
Status: in_force

A collective bargaining agreement between the public employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure, but the only grievances which may be taken to such binding arbitration shall be disputes between the parties as to the meaning or application of the specific terms of the collective bargaining agreement. An arbitrator with the power to make binding decisions pursuant to any such provision shall have no authority to add to, subtract from or modify the collective bargaining agreement. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 612-A — ME Code / Title 26 / Chapter 7 / Section 612-A
26 §612-A. Municipal licensing
Status: in_force

This subchapter may not be construed to prevent a municipality from acting under its home rule authority granted by Title 30‑A, section 3001 and by the Constitution of Maine, Article VIII, Part Second, to license or regulate the business of employment agencies or to require a bond. [PL 1991, c. 824, Pt. A, §55 (AMD).]
26 M.R.S. § 1292 — ME Code / Title 26 / Chapter 14 / Section 1292
26 §1292. Review of arbitration awards
Status: in_force

1. Review by Superior Court. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. For interest arbitrations, the review must be sought in accordance with the Maine Rules of Civil Procedure, Rule 80B. [PL 1993, c. 90, §10 (AMD).]

2. Questions of fact. In the absence of fraud, the binding determination of an arbitration panel, arbitrator or mediator-arbitrator shall be final upon all questions of fact. [PL 1983, c. 702 (NEW).]

3. Action by court; appeal. The court may, after consideration, affirm or reverse or modify any such binding determination or decision based upon any erroneous ruling. An appeal may be taken to the Law Court as in any civil action. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 811 — ME Code / Title 26 / Chapter 7 / Section 811
26 §811. Preservation of status
Status: in_force

1. Intent. The intent of this subchapter is to minimize the disruption to the lives of persons performing service in the National Guard or the Reserves of the United States Armed Forces as well as to their employers, their fellow employees and their communities by providing for the prompt reemployment of these persons upon their satisfactory completion of military service and to prohibit discrimination against these persons because of their military service. [PL 2001, c. 662, §11 (AMD).]

2. Military leave of absence. Any member of the National Guard or the Reserves of the United States Armed Forces is entitled to a military leave of absence from a position with any public or private employer, in response to state or federal military orders. The military member shall: A. Give prior reasonable notice, if reasonable under the military circumstances, to the member's employer of the anticipated absence for military duty; and [PL 2001, c. 662, §11 (AMD).] B. If the employer so requests, obtain a confirmation from the Adjutant General or applicable reserve component headquarters of the anticipated military duty and satisfactory completion of the member's military duties. [PL 2001, c. 662, §11 (AMD).] [PL 2001, c. 662, §11 (AMD).]

3. Reinstatement. Any person who is in compliance with subsection 2 and is still qualified to perform the duties of such position must be reinstated at the same pay, seniority, benefits and status and receive any other incidences of advantages of employment as if the person had remained continuously employed. The period of absence must be construed as an absence with leave and, within the discretion of the employer, the leave may be with pay. The employer may not require any person returning from a period of military service to report back to work: A. For periods of military service of 3 days or less, until the completion of the period of service and the expiration of 24 hours after a period allowing for the safe transportation of the person from the place of that service to the person's residence; [PL 2005, c. 524, §1 (NEW).] B. For periods of military service of more than 3 days but not more than 15 days, until the completion of the period of service and the expiration of 48 hours after a period allowing for the safe transportation of the person from the place of that service to the person's residence; [PL 2005, c. 524, §1 (NEW).] C. For periods of military service of more than 15 days but not more than 30 days, until the completion of the period of service and the expiration of 72 hours after a period allowing for the safe transportation of the person from the place of that service to the person's residence; [PL 2005, c. 524, §1 (NEW).] D. For periods of military service of more than 30 days but not more than 180 days, until the completion of the period of service and the expiration of 14 days after a period allowing for the safe transportation of the person from the place of that service to the person's residence; or [PL 2005, c. 524, §1 (NEW).] E. For periods of military service of more than 180 days, until the completion of the period of service and the expiration of 90 days after a period allowing for the safe transportation of the person from the place of that service to the person's residence. [PL 2005, c. 524, §1 (NEW).] [PL 2005, c. 524, §1 (AMD).]

4. Disability. A person who is in compliance with subsection 2 but who has a disability incurred in or aggravated during the military service for which that person was absent and who, after reasonable efforts by the employer to accommodate the disability, is not qualified due to that disability to be employed in the position of employment in which the member would have been employed if the member had remained continuously employed must be reinstated without loss of seniority, benefits, status and any other incidences of advantages of employment: A. To any other position that is equivalent in pay, seniority, benefits, status and any other incidences of advantages of employment, the duties of which the person is qualified to perform or would become qualified to perform with reasonable efforts by the employer; or [PL 2001, c. 662, §11 (NEW).] B. To a position that is the nearest approximation to a position referred to in paragraph A in terms of pay, seniority, benefits, status and any other incidences or advantages of employment consistent with circumstances of the person's case. [PL 2001, c. 662, §11 (NEW).] [PL 2001, c. 662, §11 (NEW).]

5. Employer defined. As used in this section, "employer" means any person, institution, organization or other entity that pays salary or wages for work performed or that has control over employment opportunities, including a person, institution, organization or other entity to whom the employer has delegated the performance of employment-related responsibilities; the Federal Government; the State and any subdivision or agency of the State; and any successor in interest to a person, institution, organization, or other entity referred to in this subsection. [PL 2001, c. 662, §11 (NEW).]
26 M.R.S. § 1166 — ME Code / Title 26 / Chapter 13 / Section 1166
26 §1166. Competitive Skills Scholarship Fund
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Competitive Skills Scholarship Fund contributions" means the money payments required by this section to be made into the Competitive Skills Scholarship Fund by an employer as a percentage of the employer's taxable payroll based on the Competitive Skills Scholarship Fund predetermined yield in effect for that Competitive Skills Scholarship Fund rate year. [PL 2007, c. 352, Pt. A, §1 (NEW).] B. "Competitive Skills Scholarship Fund planned yield" means the percentage of wages, as defined in section 1043, subsection 19 , equal to .034% of the total wages for each contributing employer subject to this chapter. [PL 2023, c. 184, §1 (AMD).] C. "Competitive Skills Scholarship Fund predetermined yield" means the amount determined by multiplying the ratio of total wages to taxable wages, as defined by section 1221, subsection 6, paragraph L , by the Competitive Skills Scholarship Fund planned yield. The Competitive Skills Scholarship Fund predetermined yield is rounded to the nearest .01%. [PL 2007, c. 352, Pt. A, §1 (NEW).] D. "Competitive Skills Scholarship Fund rate year" has the same meaning as "rate year" under section 1221, subsection 6, paragraph F . [PL 2007, c. 352, Pt. A, §1 (NEW).] [PL 2023, c. 184, §1 (AMD).]

2. Established. The Competitive Skills Scholarship Fund, referred to in this section as "the fund," is established as a special fund in the State Treasury. All receipts, including interest, fines and penalties collected from Competitive Skills Scholarship Fund contributions, must be paid into the fund. Income from investment of the fund must be deposited to the credit of the fund. All money in the fund must be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds. The money in the fund must be administered by the commissioner exclusively for the purposes of chapter 25, subchapter 5 and section 2066 and for the costs of administering the fund. [PL 2025, c. 396, §1 (AMD).]

3. Unencumbered balances. [PL 2017, c. 284, Pt. BBBBB, §1 (RP).]

4. No supplantation. Allocations from the fund must be used to supplement, not supplant, federal or state funds received by the Department of Labor, by a local board or by organizations that deliver workforce investment services through the career center provided by the department. [PL 2007, c. 352, Pt. A, §1 (NEW).]

5. Employers liable for Competitive Skills Scholarship Fund contribution. Each employer, as defined in section 1043, subsection 9 , other than an employer liable for a payment in lieu of a contribution, shall pay a Competitive Skills Scholarship Fund contribution. Beginning January 1, 2008, Competitive Skills Scholarship Fund contributions are payable in the same manner as described under section 1221, subsection 1 and in accordance with section 1221, subsection 4‑A . [PL 2007, c. 352, Pt. A, §1 (NEW).]

6. Receipts. All receipts collected from Competitive Skills Scholarship Fund contributions, including interest, fines and penalties on contributions not paid when due, must be paid into the fund. [PL 2007, c. 352, Pt. A, §1 (NEW).]

7. Experience rating records. Competitive Skills Scholarship Fund contributions may not be credited to an employer's experience rating record as described in section 1221, subsection 3 . [PL 2007, c. 352, Pt. A, §1 (NEW).]

8. Relationship to unemployment insurance contributions. Competitive Skills Scholarship Fund contributions may not be considered as part of the employer's unemployment insurance contribution rate pursuant to section 1221 . Unemployment insurance contributions for all employers subject to the contribution provisions of this chapter must be reduced by a percentage equal to the total Competitive Skills Scholarship Fund contribution assessment as in section 1221, subsection 4‑A . Exceptions pertaining to new employer rates and contribution rate category 20 are described in section 1221, subsection 4‑A, paragraphs A and B . [PL 2007, c. 352, Pt. A, §1 (NEW).]

9. Other provisions of this chapter. All provisions of this chapter and rules adopted 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 that apply to the collection of contributions also apply to the collection of Competitive Skills Scholarship Fund contributions. [PL 2007, c. 352, Pt. A, §1 (NEW).]
26 M.R.S. § 683 — ME Code / Title 26 / Chapter 7 / Section 683
26 §683. Testing procedures
Status: in_force

An employer may not require, request or suggest that any employee or applicant submit to a substance use test except in compliance with this section. All actions taken under a substance use testing program must comply with this subchapter, rules adopted under this subchapter and the employer's written policy approved under section 686 . [PL 2017, c. 407, Pt. A, §107 (AMD).]

1. Employee assistance program required. Before establishing any substance use testing program for employees, an employer with over 20 full-time employees must have a functioning employee assistance program. A. The employer may meet this requirement by participating in a cooperative employee assistance program that serves the employees of more than one employer. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. [PL 2025, c. 305, Pt. A, §6 (RP).] [PL 2025, c. 305, Pt. A, §6 (AMD).]

2. Written policy. Before establishing any substance use testing program, an employer shall develop or, as required in section 684, subsection 3, paragraph C , appoint an employee committee to develop a written policy in compliance with this subchapter providing for, at a minimum: A. The procedure and consequences of an employee's voluntary admission of a substance use problem and any available assistance, including the availability and procedure of the employer's employee assistance program; [PL 2017, c. 407, Pt. A, §107 (AMD).] B. When substance use testing may occur. The written policy must describe: (1) Which positions, if any, will be subject to testing, including any positions subject to random or arbitrary testing under section 684, subsection 3 . For applicant testing and probable cause testing of employees, an employer may designate that all positions are subject to testing; and (2) The procedure to be followed in selecting employees to be tested on a random or arbitrary basis under section 684, subsection 3 ; [PL 2017, c. 407, Pt. A, §107 (AMD).] C. The collection of samples. (1) The collection of any sample for use in a substance use test must be conducted in a medical facility and supervised by a licensed physician or nurse. A medical facility includes a first aid station located at the work site. (2) An employer may not require an employee or applicant to remove any clothing for the purpose of collecting a urine sample, except that: (a) An employer may require that an employee or applicant leave any personal belongings other than clothing and any unnecessary coat, jacket or similar outer garments outside the collection area; or (b) If it is the standard practice of an off-site medical facility to require the removal of clothing when collecting a urine sample for any purpose, the physician or nurse supervising the collection of the sample in that facility may require the employee or applicant to remove their clothing. (3) An employee or applicant may not be required to provide a urine sample while being observed, directly or indirectly, by another individual. (4) The employer may take additional actions necessary to ensure the integrity of a urine sample if the sample collector or testing laboratory determines that the sample may have been substituted, adulterated, diluted or otherwise tampered with in an attempt to influence test results. The Department of Health and Human Services shall adopt rules governing when those additional actions are justified and the scope of those actions. These rules may not permit the direct or indirect observation of the collection of a urine sample. If an employee or applicant is found to have twice substituted, adulterated, diluted or otherwise tampered with the employee's or applicant's urine sample, as determined under the rules adopted by the department, the employee or applicant is deemed to have refused to submit to a substance use test. (5) If the employer proposes to use the type of screening test described in section 682, subsection 7, paragraph A , subparagraph (1), the employer's policy must include: (a) Procedures to ensure the confidentiality of test results as required in section 685, subsection 3 ; and (b) Procedures for training persons performing the test in the proper manner of collecting samples and reading results, maintaining a proper chain of custody and complying with other applicable provisions of this subchapter; [PL 2017, c. 407, Pt. A, §107 (AMD).] D. The storage of samples before testing sufficient to inhibit deterioration of the sample; [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] E. The chain of custody of samples sufficient to protect the sample from tampering and to verify the identity of each sample and test result; [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] F. The substances to be tested for; [PL 2017, c. 407, Pt. A, §107 (AMD).] G. The cutoff levels for both screening and confirmation tests at which the presence of a substance in a sample is considered a positive test result. (1) Cutoff levels for confirmation tests for cannabis may not be lower than 15 nanograms of delta-9-tetrahydrocannabinol-9-carboxylic acid per milliliter for urine samples. (2) The Department of Health and Human Services shall adopt rules under section 687 regulating screening and confirmation cutoff levels for other substances, including those substances tested for in blood samples under subsection 5, paragraph B , to ensure that levels are set within known tolerances of test methods and above mere trace amounts. An employer may request that the Department of Health and Human Services establish a cutoff level for any substance for which the department has not established a cutoff level. (3) Notwithstanding subparagraphs (1) and (2), if the Department of Health and Human Services does not have established cutoff levels or procedures for any specific federally recognized substance use test, the minimum cutoff levels and procedures that apply are those set forth in the Federal Register, Volume 69, No. 71, sections 3.4 to 3.7 on pages 19697 and 19698; [PL 2017, c. 407, Pt. A, §107 (AMD); PL 2021, c. 669, §5 (REV).] H. The consequences of a confirmed positive substance use test result; [PL 2017, c. 407, Pt. A, §107 (AMD).] I. The consequences for refusal to submit to a substance use test; [PL 2017, c. 407, Pt. A, §107 (AMD).] J. Opportunities and procedures for rehabilitation following a confirmed positive result; [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] K. A procedure under which an employee or applicant who receives a confirmed positive result may appeal and contest the accuracy of that result. The policy must include a mechanism that provides an opportunity to appeal at no cost to the appellant; and [PL 1995, c. 324, §4 (AMD).] L. Any other matters required by rules adopted by the Department of Labor under section 687 . [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] An employer shall consult with the employer's employees in the development of any portion of a substance use testing policy under this subsection that relates to the employees. The employer is not required to consult with the employees on those portions of a policy that relate only to applicants. The employer shall send a copy of the final written policy to the Department of Labor for review under section 686 . The employer may not implement the policy until the Department of Labor approves the policy. The employer shall send a copy of any proposed change in an approved written policy to the Department of Labor for review under section 686 . The employer may not implement the change until the Department of Labor approves the change. [PL 2017, c. 407, Pt. A, §107 (AMD); PL 2021, c. 669, §5 (REV).]

3. Copies to employees and applicants. The employer shall provide each employee with a copy of the written policy approved by the Department of Labor under section 686 at least 30 days before any portion of the written policy applicable to employees takes effect. The employer shall provide each employee with a copy of any change in a written policy approved by the Department of Labor under section 686 at least 60 days before any portion of the change applicable to employees takes effect. The Department of Labor may waive the 60-day notice for the implementation of an amendment covering employees if the amendment was necessary to comply with the law or if, in the judgment of the department, the amendment promotes the purpose of the law and does not lessen the protection of an individual employee. If an employer intends to test an applicant, the employer shall provide the applicant with a copy of the written policy under subsection 2 before administering a substance use test to the applicant. The 30-day and 60-day notice periods provided for employees under this subsection do not apply to applicants. [PL 2017, c. 407, Pt. A, §107 (AMD).]

4. Consent forms prohibited. An employer may not require, request or suggest that any employee or applicant sign or agree to any form or agreement that attempts to: A. Absolve the employer from any potential liability arising out of the imposition of the substance use test; or [PL 2017, c. 407, Pt. A, §107 (AMD).] B. Waive an employee's or applicant's rights or eliminate or diminish an employer's obligations under this subchapter except as provided in subsection 4‑A . [PL 2007, c. 339, §1 (AMD).] Any form or agreement prohibited by this subsection is void. [PL 2017, c. 407, Pt. A, §107 (AMD).]

4-A. Waivers for temporary employment. An employment agency, as defined in section 611 , may request a written waiver for a temporary placement from an individual already in its employ or on a roster of eligibility as long as the client company has an approved substance use testing policy and the individual has not been assigned work at the client company in the 30 days previous to the request. The waiver is only to allow a test that might not otherwise be allowed under this subchapter. The test must otherwise comply with the standards of this subchapter and the employment agency's approved policy regarding applicant testing. The agency may not take adverse action against the individual for refusal to sign a waiver. [PL 2017, c. 407, Pt. A, §107 (AMD).]

5. Right to obtain other samples. At the request of the employee or applicant at the time the test sample is taken, the employer shall, at that time: A. Segregate a portion of the sample for that person's own testing. Within 5 days after notice of the test result is given to the employee or applicant, the employee or applicant shall notify the employer of the testing laboratory selected by the employee or applicant. This laboratory must comply with the requirements of this section related to testing laboratories. When the employer receives notice of the employee or applicant's selection, the employer shall promptly send the segregated portion of the sample to the named testing laboratory, subject to the same chain of custody requirements applicable to testing of the employer's portion of the sample. The employee or applicant shall pay the costs of these tests. Payment for these tests may not be required earlier than when notice of the choice of laboratory is given to the employer; and [PL 1995, c. 324, §6 (AMD).] B. In the case of an employee, have a blood sample taken from the employee by a licensed physician, licensed physician associate, registered nurse or a person certified by the Department of Health and Human Services to draw blood samples. The employer shall have this sample tested for the presence of alcohol or cannabis metabolites, if those substances are to be tested for under the employer's written policy. If the employee requests that a blood sample be taken as provided in this paragraph, the employer may not test any other sample from the employee for the presence of these substances. (1) The Department of Health and Human Services may identify, by rules adopted under section 687 , other substances for which an employee may request a blood sample be tested instead of a urine sample if the department determines that a sufficient correlation exists between the presence of the substance in an individual's blood and its effect upon the individual's performance. (2) An employer may not require, request or suggest that any employee or applicant provide a blood sample for substance use testing purposes nor may any employer conduct a substance use test upon a blood sample except as provided in this paragraph. (3) Applicants do not have the right to require the employer to test a blood sample as provided in this paragraph. [PL 2019, c. 627, Pt. B, §7 (AMD); PL 2021, c. 669, §5 (REV); PL 2025, c. 316, §3 (REV).] [PL 2019, c. 627, Pt. B, §7 (AMD); PL 2021, c. 669, §5 (REV); PL 2025, c. 316, §3 (REV).]

5-A. Point of collection screening test. Except as provided in this subsection, all provisions of this subchapter regulating screening tests apply to noninstrumented point of collection test devices described in section 682, subsection 7, paragraph A , subparagraph (1). A. A noninstrumented point of collection test described in section 682, subsection 7, paragraph A , subparagraph (1) may be performed at the point of collection rather than in a laboratory. Subsections 6 and 7 and subsection 8, paragraphs A to C do not apply to such screening tests. Subsection 5 applies only to a sample that results in a positive test result. [PL 2001, c. 556, §3 (NEW).] B. Any sample that results in a negative test result must be destroyed. Any sample that results in a positive test result must be sent to a qualified testing laboratory consistent with subsections 6 to 8 for confirmation testing. [PL 2017, c. 407, Pt. A, §107 (AMD).] C. A person who performs a point of collection screening test or a confirmation test may release the results of that test only as follows. (1) For a point of collection screening test that results in a preliminary positive or negative test result, the person performing the test shall release the test result to the employee who is the subject of the test immediately. (2) For a point of collection screening test that results in a preliminary positive test result, the person performing the test may not release the test result to the employer until after the result of the confirmation test has been determined. (3) For a point of collection screening test that results in a preliminary negative test result, the person performing the test may not release the test result to the employer until after the result of a confirmation test would have been determined if one had been performed. (4) For a confirmation test, the person performing the test shall release the result immediately to the employee who is the subject of the test and to the employer. [PL 2005, c. 443, §1 (NEW).] [PL 2017, c. 407, Pt. A, §107 (AMD).]

6. Qualified testing laboratories required. An employer may not perform any substance use test administered to any of that employer's employees. An employer may perform screening tests administered to applicants if the employer's testing facilities comply with the requirements for testing laboratories under this subsection. Except as provided in subsection 5‑A , any substance use test administered under this subchapter must be performed in a qualified testing laboratory that complies with this subsection. A. [PL 1989, c. 832, §8 (RP).] B. The laboratory must have written testing procedures and procedures to ensure a clear chain of custody. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] C. The laboratory must demonstrate satisfactory performance in the proficiency testing program of the National Institute on Drug Abuse, the College of American Pathology or the American Association for Clinical Chemistry. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] D. The laboratory must comply with rules adopted by the Department of Health and Human Services under section 687 . These rules must ensure that: (1) The laboratory possesses all licenses or certifications that the department finds necessary or desirable to ensure reliable and accurate test results; (2) The laboratory follows proper quality control procedures, including, but not limited to: (a) The use of internal quality controls during each substance use test conducted under this subchapter, including the use of blind samples and samples of known concentrations that are used to check the performance and calibration of testing equipment; (b) The internal review and certification process for test results, including the qualifications of the person who performs that function in the testing laboratory; and (c) Security measures implemented by the testing laboratory; and (3) Other necessary and proper actions are taken to ensure reliable and accurate test results. [PL 2017, c. 407, Pt. A, §107 (AMD).] [PL 2017, c. 407, Pt. A, §107 (AMD).]

7. Testing procedure. A testing laboratory shall perform a screening test on each sample submitted by the employer for only those substances that the employer requests to be identified. If a screening test result is negative, no further test may be conducted on that sample. If a screening test result is positive, a confirmation test must be performed on that sample. A testing laboratory shall retain all confirmed positive samples for one year in a manner that will inhibit deterioration of the samples and allow subsequent retesting. All other samples must be disposed of immediately after testing. [PL 2017, c. 407, Pt. A, §107 (AMD).]

8. Laboratory report of test results. This subsection governs the reporting of test results. A. A laboratory report of test results must, at a minimum, state: (1) The name of the laboratory that performed the test or tests; (2) Any confirmed positive results on any tested sample. (a) Unless the employee or applicant consents, test results may not be reported in numerical or quantitative form but must state only that the test result was positive or negative. This division does not apply if the test or the test results become the subject of any grievance procedure, administrative proceeding or civil action. (b) A testing laboratory and the employer shall ensure that an employee's unconfirmed positive screening test result cannot be determined by the employer in any manner, including, but not limited to, the method of billing the employer for the tests performed by the laboratory and the time within which results are provided to the employer. This division does not apply to test results for applicants; (3) The sensitivity or cutoff level of the confirmation test; and (4) Any available information concerning the margin of accuracy and precision of the test methods employed. The report may not disclose the presence or absence of evidence of any physical or mental condition or of any substance other than the specific substances that the employer requested to be identified. A testing laboratory shall retain records of confirmed positive results in a numerical or quantitative form for at least 2 years. [PL 2017, c. 407, Pt. A, §107 (AMD).] B. The employer shall promptly notify the employee or applicant tested of the test result. Upon request of an employee or applicant, the employer shall promptly provide a legible copy of the laboratory report to the employee or applicant. Within 3 working days after notice of a confirmed positive test result, the employee or applicant may submit information to the employer explaining or contesting the results. [PL 1989, c. 832, §9 (AMD).] C. The testing laboratory shall send test reports for samples segregated at an employee's or applicant's request under subsection 5, paragraph A , to both the employer and the employee or applicant tested. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] D. Every employer whose policy is approved by the Department of Labor under section 686 shall annually send to the department a compilation of the results of all substance use tests administered by that employer in the previous calendar year. This report must provide separate categories for employees and applicants and must be presented in statistical form so that no person who was tested by that employer can be identified from the report. The report must include a separate category for any tests conducted on a random or arbitrary basis under section 684, subsection 3 . [PL 2017, c. 407, Pt. A, §107 (AMD).] [PL 2017, c. 407, Pt. A, §107 (AMD).]

9. Costs. The employer shall pay the costs of all substance use tests that the employer requires, requests or suggests that an employee or applicant submit. Except as provided in paragraph A , the employee or applicant shall pay the costs of any additional substance use tests. Costs of a substance use test administered at the request of an employee under subsection 5, paragraph B , must be paid: A. By the employer if the test results are negative for all substances tested for in the sample; and [PL 2017, c. 407, Pt. A, §107 (AMD).] B. By the employee if the test results in a confirmed positive result for any of the substances tested for in the sample. [PL 2017, c. 407, Pt. A, §107 (AMD).] [PL 2017, c. 407, Pt. A, §107 (AMD).]

10. Limitation on use of tests. An employer may administer substance use tests to employees or applicants only for the purpose of discovering the use of any substance likely to cause impairment of the user or the use of any scheduled drug. An employer may not have substance use tests administered to an employee or applicant for the purpose of discovering any other information. [PL 2017, c. 407, Pt. A, §107 (AMD).]

11. Rules. The Department of Health and Human Services shall adopt any rules under section 687 regulating substance use testing procedures that it finds necessary or desirable to ensure accurate and reliable substance use testing and to protect the privacy rights of employees and applicants. [PL 2017, c. 407, Pt. A, §107 (AMD).]
26 M.R.S. § 1030 — ME Code / Title 26 / Chapter 12 / Section 1030
26 §1030. Hearings
Status: in_force

1. Conduct of hearings. Hearings conducted by the board 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. [PL 1975, c. 603, §1 (NEW).]

2. Power of chair. 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, §70 (COR).]
26 M.R.S. § 932 — ME Code / Title 26 / Chapter 9 / Section 932
26 §932. Subpoena powers
Status: in_force

The chair of the board or the chair's alternate may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relative or pertinent to the matter before the board. [RR 2023, c. 2, Pt. E, §40 (COR).]

Witnesses subpoenaed by the board shall be allowed the same fees as are paid to witnesses in Superior Court. These fees, together with all necessary expenses of the board, shall be paid by the Treasurer of State on warrants drawn by the State Controller. [PL 1985, c. 294, §§ 2 and 3 (NEW).]
26 M.R.S. § 777 — ME Code / Title 26 / Chapter 7 / Section 777
26 §777. Permit formats
Status: in_force

The blank work permit required by section 775 must be formulated by the director and furnished by appropriate means by the director to the persons authorized to sign work permits. The forms of the permits must be approved by the Office of the Attorney General. Permit forms may be made available by the bureau and submitted in paper or electronic format as long as the parent's or guardian's signature is submitted to the superintendent. [PL 2017, c. 286, §9 (AMD).]