26 M.R.S. § 1283-A — ME Code / Title 26 / Chapter 14 / Section 1283-A
26 §1283-A. Judicial employees; probationary period
Status: in_force

If the public employer requires a judicial employee to complete a probationary period, that judicial employee may be dismissed, suspended or otherwise disciplined without cause during that probationary period. Dismissal, suspension or any other disciplinary action against a judicial employee during the probationary period is not subject to the grievance and arbitration provision of the collective bargaining agreement. [PL 2021, c. 601, §9 (NEW).]
26 M.R.S. § 570 — ME Code / Title 26 / Chapter 6 / Section 570
26 §570. Discrimination
Status: in_force

A person may not discharge or in any manner discriminate against an employee because that employee has filed any complaint concerning an alleged occupational safety or health hazard or has testified or is about to testify in any proceeding relating to employee safety and health or because of the exercise by the employee on behalf of the employee or others of any right under this chapter. [PL 2013, c. 473, §7 (AMD).]

Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within 30 days after the alleged violation occurs, file a complaint with the director, alleging discrimination. Upon receipt of the complaint, the director shall conduct an investigation as the director determines is appropriate. If upon investigation the director determines that the provisions of this chapter have been violated, the director shall bring an action in the Superior Court in the county in which the alleged violation occurred. In any action, the Superior Court has jurisdiction, for cause shown, to restrain violations of this section and order all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position with back pay. [PL 2013, c. 473, §7 (AMD).]

Within 90 days of the receipt of a complaint filed under this section, the director shall notify the complainant of the director's determination. [PL 2013, c. 473, §7 (AMD).]
26 M.R.S. § 600 — ME Code / Title 26 / Chapter 7 / Section 600
26 §600. Concealed firearms in vehicles
Status: in_force

1. Firearms in vehicles. An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible. This subsection applies to the State as an employer when a state employee's vehicle is on property owned or leased by the State. This subsection does not authorize an employee or state employee to carry a firearm in a place where carrying a firearm is prohibited by law. For purposes of this section, "state employee" means an employee of the State within the executive branch, the legislative branch or the judicial branch performing services within the scope of that employee's employment. [PL 2011, c. 537, §1 (AMD).]

2. Immunity from liability. An employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to this section, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions. Nothing in this section affects provisions in the Maine Workers' Compensation Act of 1992. [PL 2011, c. 393, §1 (NEW).]
26 M.R.S. § 666 — ME Code / Title 26 / Chapter 7 / Section 666
26 §666. Workers with disabilities
Status: in_force

The director may not issue to an employer for a person with a disability a special certificate authorizing the employer to pay that person a wage less than the minimum wage, based on the ability of the person to perform the duties required for that employment in comparison to the ability of a person who does not have a disability to perform the same duties. An employer may not pay less than the minimum wage to a person by virtue of that person's having a mental or physical disability. A special certificate authorizing the payment of less than minimum wage to a person with a mental or physical disability issued pursuant to a law of this State or to a federal law is without effect. [PL 2019, c. 632, §1 (AMD).]
26 M.R.S. § 1-A — ME Code / Title 26 / Chapter 1 / Section 1-A
26 §1-A. Livable wage defined
Status: in_force

As used in this Title, unless the context otherwise indicates, "livable wage" means the statewide average livable wage for a 2-parent household with 2 earners and 2 children as reported by the Department of Labor in the most recent biennial report required pursuant to section 1406 . [PL 2011, c. 569, §1 (AMD).]
26 M.R.S. § 622 — ME Code / Title 26 / Chapter 7 / Section 622
26 §622. Records
Status: in_force

Every employer shall keep a true record showing the date and amount paid to each employee pursuant to section 621‑A . Every employer shall keep a daily record of the time worked by each such employee, except salaried employees as described in section 663, subsection 3, paragraph K . Records required to be kept by this section must be accessible to any representative of the department at any reasonable hour. This section and section 621‑A do not excuse any employer subject to section 774 from keeping the records required by that section. [RR 2023, c. 1, Pt. A, §23 (COR).]
26 M.R.S. § 1303 — ME Code / Title 26 / Chapter 15 / Section 1303
26 §1303. Public works; minimum wage and benefits; assisted projects
Status: in_force

In the employment of laborers in the construction of public works, including state highways, or an assisted project by the State or by persons contracting for the construction, preference must first be given to citizens of the State who are qualified to perform the work to which the employment relates and, if they can not be obtained in sufficient numbers, then to citizens of the United States. Every contract for public works construction or an assisted project must contain a provision for employing citizens of this State or the United States. The hourly wage and benefit rate paid to laborers employed in the construction of public works, including state highways, may not be less than the fair minimum rate as determined in accordance with section 1308 . Any contractor who knowingly and willfully violates this section is subject to a fine of not less than $250 per employee violation. Each day that any contractor employs a laborer at less than the wage and benefit minimum stipulated in this section constitutes a separate violation of this section. [PL 2021, c. 705, §1 (AMD).]
26 M.R.S. § 1048-A — ME Code / Title 26 / Chapter 13 / Section 1048-A
26 §1048-A. Disclosure of wage and unemployment compensation information to National Directory of New Hires
Status: in_force

Notwithstanding any other provision of law, the commissioner shall provide quarterly data, contained in the department's records of wages and unemployment compensation benefits paid to individuals who are reported to the Department of Health and Human Services pursuant to Title 19‑A, section 2154 , to the Department of Health and Human Services for transmission to the federal Secretary of Health and Human Services as required by Section 313(g)(2) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The cost of complying with the requirements of this section must be paid for by the federal Department of Health and Human Services to the maximum extent permitted by law, with any remaining cost paid for by the Department of Health and Human Services. [PL 1997, c. 537, §58 (NEW); PL 1997, c. 537, §62 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]
26 M.R.S. § 2101 — ME Code / Title 26 / Chapter 28 / Section 2101
26 §2101. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 356 (NEW).]

1. Fire department. "Fire department" means a municipal fire department, as defined in Title 30‑A, section 3151, subsection 1 , or a volunteer fire association, as defined in Title 30‑A, section 3151, subsection 3 . [PL 1997, c. 683, Pt. A, §15 (AMD).]

2. Firefighter. "Firefighter" means a municipal firefighter, as defined in Title 30‑A, section 3151, subsection 2 , or a volunteer firefighter, as defined in Title 30‑A, section 3151, subsection 4 . [PL 1997, c. 683, Pt. A, §15 (AMD).]

3. Education. "Education" means the process of imparting knowledge or skill through systematic instruction, but not necessarily formal classroom instruction. [PL 2003, c. 570, §1 (NEW); PL 2003, c. 570, §7 (AFF).]

4. Training. "Training" means the process of making a firefighter proficient through instruction and hands-on practice in the operation of equipment, including respiratory protection equipment, that is expected to be used in the performance of the firefighter's assigned duties. [PL 2003, c. 570, §1 (NEW); PL 2003, c. 570, §7 (AFF).]
26 M.R.S. § 1413-B — ME Code / Title 26 / Chapter 19 / Section 1413-B
26 §1413-B. Powers and duties
Status: in_force

To provide the following services and information to deaf, hard-of-hearing and late-deafened persons, the Division for the Deaf, Hard of Hearing and Late Deafened shall: [PL 2009, c. 174, §9 (AMD).]

1. Provide advocacy. Provide cooperative agreements or coordinate with agencies or community resources to provide advocacy for the rights of deaf, hard-of-hearing and late-deafened persons in the areas of employment, education, legal aid, health care, social services, finance, housing and other personal assistance while avoiding duplication of effort in these areas; [PL 2009, c. 174, §10 (AMD).]

1-A. Supervise vocational rehabilitation counselors for the deaf. Provide direct supervision and oversight of vocational rehabilitation counselors who provide counseling to deaf, hard-of-hearing and late-deafened persons and who are within the division of vocational rehabilitation within the Bureau of Rehabilitation Services; [PL 2011, c. 474, §1 (NEW).]

2. Statewide registry. [PL 2009, c. 174, §11 (RP).]

3. Information and referral. Provide information and referral services to deaf, hard-of-hearing and late-deafened persons and their families on questions related to their disorder; [PL 2009, c. 174, §12 (AMD).]

4. Develop objectives. Develop a plan with goals and objectives for development, planning and implementation within a framework for greater cooperation and coordination among agencies and organizations now serving or having the potential to serve deaf, hard-of-hearing and late-deafened persons; [PL 2009, c. 174, §13 (AMD).]

5. Community service center. Continue to study the need to establish, maintain and fund at least one community service center where deaf, hard-of-hearing and late-deafened persons and their families can receive pertinent information relating to the coordination of services that each requires; [PL 2009, c. 174, §14 (AMD).]

6. Promote accessibility. Promote accessibility to all governmental services for residents of the State who are deaf, hard-of-hearing or late-deafened persons; and [PL 2009, c. 174, §15 (AMD).]

7. Recommendations. Make recommendations to the Governor and the joint standing committees of the Legislature having jurisdiction over labor and health and human services matters with respect to modifications in existing services or establishment of additional services for deaf, hard-of-hearing and late-deafened persons and their families. [PL 2009, c. 174, §16 (AMD).]
26 M.R.S. § 1190 — ME Code / Title 26 / Chapter 13 / Section 1190
26 §1190. Study of benefit changes
Status: in_force

1. Referral for review and evaluation. Whenever a legislative measure containing an unemployment compensation benefit change is proposed, the bureau shall complete a review and evaluation pursuant to subsection 2 in advance of the public hearing on the proposed measure. Once a review and evaluation has been completed, the joint standing committee of the Legislature having jurisdiction over the proposal shall review the findings of the bureau. A proposed benefit change may not be enacted into law unless review and evaluation pursuant to subsection 2 has been completed. For purposes of this section, a "benefit change" means any change in law that will cause a change in the number of people eligible as well as any increase or decrease in the dollar amount, maximum amount or duration of benefits payable. [PL 1999, c. 740, §1 (NEW).]

2. Content of review. The review and evaluation must include, at a minimum and to the extent information is available, the following: A. Projected annual change in cost to the fund for the ensuing 5 years; [PL 2011, c. 212, §2 (AMD).] B. Projected impact on the experience rating records of employers, sorted by size and industry, and on employer's experience classifications, as described in section 1221, subsection 4‑A , for the ensuing 5 years; [PL 2011, c. 212, §2 (AMD).] C. Review of the impact of a proposed benefit change on recipient groups, including an analysis by gender, income levels and geographic distribution; [PL 2021, c. 456, §12 (AMD).] C-1. The projected impact of the proposed change on the State’s unemployment insurance recipiency rate. For purposes of this paragraph, "recipiency rate" means the number of insured unemployed persons in regular unemployment insurance programs as a percent of total unemployed persons; and [PL 2021, c. 456, §13 (NEW).] D. Any other information that the bureau considers appropriate to assist the Legislature in deciding on the proposed benefit change. [PL 1999, c. 740, §1 (NEW).] [PL 2021, c. 456, §§12, 13 (AMD).]
26 M.R.S. § 3206 — ME Code / Title 26 / Chapter 37 / Section 3206
26 §3206. Deregistration of a registered apprenticeship program
Status: in_force

As set out in this section, deregistration of an apprenticeship program may be effected upon the voluntary action of the sponsor or by the Maine Apprenticeship Program upon reasonable cause. [PL 2011, c. 491, §13 (NEW).]

1. Deregistration at the request of the sponsor. Upon receipt of a request for deregistration from a sponsor, the Maine Apprenticeship Program may deregister an apprenticeship program by written acknowledgment of the request stating: A. That the apprenticeship program is deregistered at the sponsor's request and the effective date of the deregistration; and [PL 2011, c. 491, §13 (NEW).] B. That, within 15 days of the date of the acknowledgment, the sponsor must notify all apprentices of the deregistration and the effective date; that the deregistration automatically deprives the apprentices of individual registration; that the deregistration removes the apprentices from coverage for federal purposes; and that all apprentices are referred to the Maine Apprenticeship Program for information about potential transfer to other registered apprenticeship programs. [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

2. Deregistration by the Maine Apprenticeship Program upon reasonable cause. The Maine Apprenticeship Program may undertake deregistration proceedings with respect to an apprenticeship program if the apprenticeship program is not conducted, operated or administered in accordance with the apprenticeship program's standards under section 3203 or with the requirements of this chapter, including but not limited to failure to provide on-the-job learning; failure to pay an apprentice a progressively increasing wage consistent with skills acquired; and persistent and significant failure to perform successfully. For purposes of this subsection, persistent and significant failure to perform successfully occurs when a sponsor consistently fails to register at least one apprentice, shows a pattern of poor quality assurance assessment results over a period of several years, demonstrates an ongoing pattern of very low completion rates over a period of several years or shows no indication of improvement in the areas identified by the Maine Apprenticeship Program during a review process as requiring corrective action. The Maine Apprenticeship Program shall follow procedures regarding agency-initiated deregistration as outlined in 29 Code of Federal Regulations, Section 29.8. [RR 2011, c. 2, §33 (COR).]

3. Consequences of deregistration. An apprentice who is enrolled in an apprenticeship program that is deregistered pursuant to subsection 1 or 2 is denied individual registration under the Maine Apprenticeship Program and is removed from coverage for federal purposes. [PL 2011, c. 491, §13 (NEW).]
26 M.R.S. § 850-D — ME Code / Title 26 / Chapter 7 / Section 850-D
26 §850-D. Applications and claims for benefits
Status: in_force

1. Procedures and forms. The administrator shall establish reasonable procedures and forms for filing claims for family leave benefits and medical leave benefits under this subchapter and shall specify what supporting documentation is necessary to support a claim for benefits, including any documentation required from a health care provider for proof of a serious health condition and any documentation required by the administrator with regard to a claim for safe leave or qualifying exigency leave. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Filing of application. An individual may file an application for family leave benefits or medical leave benefits no more than 60 days before the anticipated start date of family leave and medical leave and no more than 90 days after the start date of family leave and medical leave. The administrator shall waive the 90-day filing deadline for good cause. The administrator shall institute forms and procedures that are not unduly burdensome to an individual claiming benefits. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Notification of employer. The administrator shall notify the relevant employer within 5 business days of a claim being filed pursuant to this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Confidentiality. Any medical or health information required under this section must be treated as confidential and may not be disclosed except with permission from the covered individual who provided it unless disclosure is otherwise required by law. Nothing in this section may be construed to compel a health care provider to provide any information for certification that would be in violation of Section 1177 of the federal Social Security Act, 42 United States Code, Section 1320d-6. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

5. Ineligibility. A covered individual is not eligible to receive family leave benefits or medical leave benefits if the administrator finds, through a process established by rule, that the covered individual, for the purpose of obtaining these benefits, has willfully made a false statement or misrepresentation regarding a material fact or has willfully withheld a material fact concerning the facts required to be certified pursuant to this section. The department shall establish a process by rule for the determination of eligibility under this section, including a grievance process for a covered individual determined to be ineligible. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 960 — ME Code / Title 26 / Chapter 9 / Section 960
26 §960. Applicability of provisions
Status: in_force

This subchapter shall not apply to any provision or agreement relative to arbitration contained in a collective bargaining contract entered into prior to August 28, 1957, or after October 6, 1967, or to any agreement to submit to arbitration an existing controversy entered into prior to August 28, 1957, or after October 6, 1967. [PL 1969, c. 287, §2 (AMD).]
26 M.R.S. § 849-A — ME Code / Title 26 / Chapter 7 / Section 849-A
26 §849-A. Rules
Status: in_force

The Department of Labor shall adopt rules to provide guidance in the application of this subchapter to domestic partners. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The department shall make the rules available on a publicly accessible website maintained by the department. [PL 2021, c. 567, §42 (NEW).]
26 M.R.S. § 824 — ME Code / Title 26 / Chapter 7 / Section 824
26 §824. Appeal by employer
Status: in_force

1. Request. An employer who feels that granting the leave of absence required by this subchapter will cause unreasonable hardship for the employer's business may appeal for relief by filing a written notice of appeal with the chair of the State Board of Arbitration and Conciliation. If the notice of appeal is not filed within 14 days of receipt of the employee's notice requesting a leave of absence, the employer waives the right to appeal. The notice of appeal must state the name of the employee and the reasons for the alleged unreasonable hardship. Payment for the services of a member of the State Board of Arbitration and Conciliation must be shared by the parties in accordance with section 931 . This section provides the exclusive remedy for an employer claiming unreasonable hardship as a result of a request for leave of absence. [PL 2005, c. 119, §1 (AMD).]

2. Proceedings. The chair of the State Board of Arbitration and Conciliation, or any member of the board designated by the chair, shall serve as an arbitrator of any case appealed under this section. The proceeding must provide an opportunity for the employee to respond, orally or in writing, to the allegations contained in the appeal. Within 30 days of receipt of the notice of appeal, the arbitrator shall issue an order, binding on both parties, either affirming or denying the claim of unreasonable hardship. If the claim is affirmed, the employee is not entitled to a leave of absence under this subchapter. In reaching a decision, the arbitrator shall consider, but is not limited to, the following factors: A. The length of time the employee has been employed by the employer; [PL 1983, c. 128, §1 (NEW).] B. The number of employees in the employer's business; [PL 1983, c. 128, §1 (NEW).] C. The nature of the employer's business; [PL 1983, c. 128, §1 (NEW).] D. The nature of the position held by the employee and the ease or difficulty and cost of temporarily filling the position during the leave of absence; and [PL 1983, c. 128, §1 (NEW).] E. Any agreement entered into between the employee and employer as a condition of employment. [PL 1983, c. 128, §1 (NEW).] [RR 2023, c. 2, Pt. E, §30 (COR).]

Revisor's Note: §824. Civil actions for injunctive relief or other remedies (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 834)
26 M.R.S. § 1047 — ME Code / Title 26 / Chapter 13 / Section 1047
26 §1047. Information privileged
Status: in_force

All information transmitted to the bureau, the commission or its duly authorized representatives pursuant to this chapter is absolutely privileged and may not be made the subject matter or basis in any action of slander or libel in any court in this State. The privileged nature of any such information may not limit or affect the use of that information in any prosecution or action to enforce Title 39‑A, section 324 . [PL 1991, c. 885, Pt. E, §36 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
26 M.R.S. § 3402 — ME Code / Title 26 / Chapter 41 / Section 3402
26 §3402. Definitions (REALLOCATED FROM TITLE 26, SECTION 3302)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 3302)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [RR 2013, c. 1, §45 (RAL).]

1. Customized employment. "Customized employment" means employment acquired as a result of implementation of a flexible blend of strategies, services and supports designed to increase employment options for job seekers with complex needs through voluntary negotiation of the employment relationship with the employer. [RR 2013, c. 1, §45 (RAL).]

2. Disability. "Disability" means a physical or mental disability as defined in Title 5, section 4553‑A . [RR 2013, c. 1, §45 (RAL).]

3. First and preferred service or support option. "First and preferred service or support option" means the first employment service option that is offered by a state agency, prior to the offer of other supports or services, including day services. [RR 2013, c. 1, §45 (RAL).]

4. Integrated community-based employment. "Integrated community-based employment" means employment in the competitive labor market that is performed on a full-time or part-time basis in the general community or through self-employment and for which a person with a disability is compensated at or above the minimum wage but not less than the prevailing wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities. [RR 2013, c. 1, §45 (RAL).]

5. State agency. "State agency" means the Department of Education, the Department of Health and Human Services or the Department of Labor. [RR 2013, c. 1, §45 (RAL).]
26 M.R.S. § 44-A — ME Code / Title 26 / Chapter 3 / Section 44-A
26 §44-A. Walkaround inspections
Status: in_force

A representative of the employer and an authorized employee representative must be given an opportunity to accompany the director or the director's authorized agent during the physical inspection of the workplace of an employer, subject to this section, for the purpose of aiding that inspection. When there is no authorized employee representative, the director or the director's authorized agent shall consult with a reasonable number of employees concerning matters of safety in the workplace. The employee representative may not lose any privilege or compensation during or because of the employee representative's attendance in any such inspection. [RR 2023, c. 2, Pt. E, §2 (COR).]
26 M.R.S. § 780 — ME Code / Title 26 / Chapter 7 / Section 780
26 §780. Work permit conclusive for employer; documentary evidence of age
Status: in_force

A work permit in regular form signed by a duly authorized officer, for all minors under 16 years of age, is conclusive evidence of age and educational attainment, in behalf of the employer of any minor, upon any prosecution for violation of the law relating to the employment of minors. An inspector of factories, attendance officer or other officer charged with the enforcement of this subchapter may make demand on any employer in or about whose place or establishment a minor apparently under the age of 16 years is employed, permitted or suffered to work, that such employer shall either furnish the inspector within 10 days documentary evidence of age as specified in section 775 , or shall cease to employ, permit or suffer such minor to work in such place or establishment. [PL 1991, c. 544, §9 (AMD).]
26 M.R.S. § 688 — ME Code / Title 26 / Chapter 7 / Section 688
26 §688. Substance use education
Status: in_force

All employers shall cooperate fully with the Department of Labor, the Department of Health and Human Services, the Department of Public Safety and any other state agency in programs designed to educate employees about the dangers of substance use and about public and private services available to employees who have substance use disorder. [PL 2017, c. 407, Pt. A, §111 (AMD).]
26 M.R.S. § 670-A — ME Code / Title 26 / Chapter 7 / Section 670-A
26 §670-A. Remedies for overtime wage violations involving state employees
Status: in_force

Notwithstanding section 670 , in an action brought to recover unpaid overtime wages for an employee of the executive or judicial branch of the State, the judgment or award is limited to the unpaid overtime compensation adjudged to be due, without liquidated damages or attorney's fees. An action for unpaid overtime wages for an employee of the executive or judicial branch of the State must be brought within 2 years after the cause of action accrued, except that a cause of action arising from a willful violation of the overtime wage payment law must be commenced within 3 years after the cause of action accrued. Overtime wages are recoverable by employees of the executive or judicial branch beginning with the later of the date the cause of action accrued and the date the applicable limitations period began. [PL 2003, c. 423, §3 (NEW); PL 2003, c. 423, §5 (AFF).]
26 M.R.S. § 850-K — ME Code / Title 26 / Chapter 7 / Section 850-K
26 §850-K. Appeals
Status: in_force

1. System for appeals. The department shall establish a system for appeals in the case of a denial of family leave benefits or medical leave benefits. In establishing the system, the department may use any procedures or appeals mechanisms established under chapter 13 . [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Judicial review. Judicial review of any decision with respect to family leave benefits or medical leave benefits must be permitted in a court of competent jurisdiction after a party aggrieved by the decision has exhausted all administrative remedies established by the department. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Information related to appeals; confidentiality. The department shall implement procedures to ensure confidentiality, to the maximum extent permitted by applicable laws, of all information related to any claims filed or appeals made under this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 599-C — ME Code / Title 26 / Chapter 7 / Section 599-C
26 §599-C. Nondisclosure agreements
Status: in_force

1. Employer defined. As used in this section, unless the context otherwise indicates, "employer" has the same meaning as in section 615, subsection 3 . [PL 2021, c. 760, §1 (NEW).]

2. Certain preemployment and employment agreements prohibited. An employer may not require an employee, intern or applicant for employment to enter into a contract or agreement that waives or limits any right to report or discuss unlawful employment discrimination, as defined and limited by Title 5, chapter 337, subchapter 3 , occurring in the workplace or at work-related events. [PL 2021, c. 760, §1 (NEW).]

3. Certain settlement, separation and severance agreements prohibited. An employer may not require an employee, intern or applicant for employment to enter into a settlement, separation or severance agreement that includes a provision that: A. Limits an individual's right to report, testify or provide evidence to a federal or state agency that enforces employment or discrimination laws; [PL 2021, c. 760, §1 (NEW).] B. Prevents an individual from testifying or providing evidence in federal and state court proceedings in response to legal process; or [PL 2021, c. 760, §1 (NEW).] C. Prohibits an individual from reporting conduct to a law enforcement agency. [PL 2021, c. 760, §1 (NEW).] [PL 2021, c. 760, §1 (NEW).]

4. Settlement, separation or severance agreement requirements. A settlement, separation or severance agreement may include a provision that prevents the subsequent disclosure of factual information relating to a claim of unlawful employment discrimination, as defined and limited by Title 5, chapter 337, subchapter 3 , only if: A. The agreement expressly provides for separate monetary consideration for the provision in addition to anything of value to which the employee, intern or applicant for employment is already entitled; [PL 2021, c. 760, §1 (NEW).] B. The provision applies to all parties to the agreement to the extent otherwise permitted by law; [PL 2021, c. 760, §1 (NEW).] C. The agreement clearly states that the individual retains the right to report, testify or provide evidence to federal and state agencies that enforce employment or discrimination laws and to testify and provide evidence in federal and state court proceedings; and [PL 2021, c. 760, §1 (NEW).] D. The employer retains a copy of the agreement for 6 years following the execution of the agreement or the end of employment, whichever is later. Records required to be kept by this paragraph must be accessible to any representative of the Department of Labor at any reasonable hour. [PL 2021, c. 760, §1 (NEW).] Nothing in this section may be construed as limiting the use of nondisclosure agreements to protect the confidentiality of proprietary information, trade secrets or information that is otherwise confidential by law, rule or regulation. [PL 2021, c. 760, §1 (NEW).]

5. Enforcement. The Department of Labor shall enforce this section. In addition, the Attorney General may bring an action under this section to impose a fine or to enjoin further violation. An employer that intentionally violates this section commits a civil violation for which a fine of up to $1,000 may be adjudged. [PL 2021, c. 760, §1 (NEW).]
26 M.R.S. § 1032 — ME Code / Title 26 / Chapter 12 / Section 1032
26 §1032. Suits by and against unincorporated employee organizations
Status: in_force

In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated employee organization may sue or be sued in the name by which it is known. [PL 1975, c. 603, §1 (NEW).]
26 M.R.S. § 1418-K — ME Code / Title 26 / Chapter 19 / Section 1418-K
26 §1418-K. Fees
Status: in_force

1. Fees prohibited generally. Except as provided in subsection 2 , a rental fee may not be required or received for the granting of authority to the division to operate a vending facility. [PL 1997, c. 393, Pt. A, §31 (NEW).]

2. Fees authorized; limitation. A rental fee or other fee may be charged to the operator only if the vending facility is located on commercial municipal property, including a public airport, where the following conditions are met: A. The vending facility generates revenue primarily from the general public at large rather than from public employees; [PL 1997, c. 393, Pt. A, §31 (NEW).] B. The vending facility occupies space for which there are other competing retail commercial uses and other retail users are, in fact, renting nearby public space on the property; and [PL 1997, c. 393, Pt. A, §31 (NEW).] C. The public owner depends on generating revenue from the space occupied by the vending facility. [PL 1997, c. 393, Pt. A, §31 (NEW).] Any rent or other fee charged to the operator must be less than what would otherwise be charged to a competing commercial tenant and must be pursuant to a written agreement. The terms of the agreement must adequately account for the value of investments made by the division to create or maintain the vending facility. [PL 1997, c. 393, Pt. A, §31 (NEW).]

3. Application. This section applies to the rental of vending facilities and the renewal of any rental agreement after the effective date of this section. [PL 1997, c. 393, Pt. A, §31 (NEW).]
26 M.R.S. § 853 — ME Code / Title 26 / Chapter 7 / Section 853
26 §853. Arrangements
Status: in_force

A person, partnership, union, firm or corporation involved in a labor, strike or lockout may not, directly or indirectly, employ in the place of an employee involved in that strike or lockout any person who customarily and repeatedly offers to accept employment in the place of employees involved in a labor strike or lockout or contract or arrange with any other person, partnership, union, agency, firm or corporation to recruit, procure, supply or refer persons for employment who customarily and repeatedly offer to accept employment in place of employees involved in a labor, strike or lockout. [RR 2023, c. 2, Pt. E, §35 (COR).]
26 M.R.S. § 1111 — ME Code / Title 26 / Chapter 13 / Section 1111
26 §1111. Use of fund
Status: in_force

The special fund in the State Treasury known as the Unemployment Compensation Administration Fund, as heretofore created, shall hereafter be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund are appropriated and made available to the commissioner. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this chapter, and for no other purpose whatsoever. The fund shall consist of all moneys appropriated by this State, and all moneys received from the United States of America, or any agency thereof, including the Social Security Board, Railroad Retirement Board and the United States Employment Service, or from any other source, for such purpose. Moneys received from the Railroad Retirement Board as compensation for services or facilities supplied to said board shall be paid into this fund on the same basis as expenditures are made for such services or facilities from such fund. All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the commissioner for expenditure consistent with this chapter. [PL 1979, c. 651, §§ 45, 47 (AMD).]
26 M.R.S. § 2161 — ME Code / Title 26 / Chapter 32 / Section 2161
26 §2161. Scope
Status: in_force

This chapter establishes the Job Training Program for Activities Coordinators, referred to in this chapter as the "program," to provide assistance to the State's long-term care facilities, as defined in Title 22, chapter 1666‑B , facing serious shortages of adequately trained personnel for certain positions. [PL 1993, c. 306, §2 (AMD).]
26 M.R.S. § 1251 — ME Code / Title 26 / Chapter 13 / Section 1251
26 §1251. Investigations; hearings; regulations
Status: in_force

1. Seasonal industry. As used in this section, the term "seasonal industry" means an industry in which, because of the seasonal nature thereof, it is customary to operate only during a regularly recurring period or periods of less than 26 weeks in a calendar year. The commission shall, after investigation and hearing, pursuant to Title 5, section 9051 et seq., determine, and may thereafter from time to time redetermine, the longest seasonal period or periods during which, by the best practice of the industry in question, operations are conducted. Until such determination by the commission, no industry may be deemed seasonal. [PL 1983, c. 750, §1 (AMD).]

2. Rules. The commissioner shall prescribe fair and reasonable rules, pursuant to Title 5, section 8051 et seq., applicable to the payment of benefits to individuals whose qualifying wages in whole or in part were earned in seasonal industries, to the period during which benefits are payable to the individuals and to charges to be made to experience rating records or general funds as a result of benefits so paid. [PL 2021, c. 456, §34 (AMD).]

3. Exceptions. A. Any hotel, motel, inn, variety store, trading post, sporting camp or other lodging facility, including youth camps licensed under Title 22, section 2495 , restaurants and other eating establishments, which customarily conducts operations that are primarily related to the production of characteristic goods or services for a regularly recurring period or periods of less than 26 weeks in any one calendar year is deemed seasonal. [PL 2009, c. 211, Pt. B, §25 (AMD).] B. Any potato packing business which customarily operates during a regularly recurring period of 26 or more weeks in a calendar year shall not be deemed seasonal. [PL 1983, c. 750, §2 (AMD).] [PL 2009, c. 211, Pt. B, §25 (AMD).]
26 M.R.S. § 3601 — ME Code / Title 26 / Chapter 45 / Section 3601
26 §3601. Project labor agreements for public works projects (REALLOCATED FROM TITLE 26, SECTION 3501)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 3501)

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Public authority" has the same meaning as in section 1304, subsection 7 . [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] B. "Public works" has the same meaning as in section 1304, subsection 8 . [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).]

2. Public authority may require project labor agreement. Notwithstanding any other provision of law regarding procurement of goods or services, a public authority may require a project labor agreement for any public works project when that public authority has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the public authority shall consider the effects a project labor agreement may have on: A. The efficiency, cost and direct and indirect economic benefits to the public authority; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] B. The availability of a skilled workforce to complete the public works project; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] C. The prevention of construction delays; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §33 (RAL).] D. The safety and quality of the public works project; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] E. The advancement of minority-owned businesses and women-owned businesses; and [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] F. Employment opportunities for the community. [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).]

3. Requirements. A project labor agreement required by a public authority pursuant to this section must: A. Set forth mutually binding procedures for resolving disputes that can be implemented without delay; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] B. Include guarantees against a strike, lockout or other concerted action aimed at slowing or stopping the progress of the public works project; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] C. Ensure a reliable source of skilled and experienced labor; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] D. Include goals for the number of apprentices and for a percentage of work to be performed by minorities, women and veterans; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] E. Provide for the invitation of all contractors to bid on the public works project without regard to whether the employees of any such contractor are members of a labor organization; [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] F. Permit the selection of the lowest responsible qualified bidder without regard to labor organization affiliation; and [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] G. Bind all contractors and subcontractors to the terms of the agreement. [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).] A project labor agreement required by a public authority pursuant to this section may not require compulsory labor organization membership of employees working on the public works project. [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).]

4. Bidder that does not agree to abide by conditions. A bidder for a public works project that does not agree to abide by the conditions of the project labor agreement or a requirement to negotiate a project labor agreement may not be regarded as a responsible qualified bidder for the project. [PL 2019, c. 278, §2 (NEW); RR 2019, c. 1, Pt. A, §34 (RAL).]
26 M.R.S. § 1412-A — ME Code / Title 26 / Chapter 19 / Section 1412-A
26 §1412-A. Employees not to engage in political activities
Status: in_force

An officer or employee engaged in the administration of the rehabilitation program may not use that officer's or employee's official authority to influence or permit the use of the rehabilitation program for the purpose of interfering with an election or affecting the results of an election or for a partisan political purpose. An officer or employee may not solicit or receive or be obliged to contribute or render a service, assistance, subscription, assessment or contribution for a political purpose. An officer or employee violating this provision is subject to appropriate disciplinary action. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 636 — ME Code / Title 26 / Chapter 7 / Section 636
26 §636. Family sick leave
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employer" means a public or private employer with 25 or more employees. [PL 2005, c. 455, §1 (NEW).] B. "Immediate family member" means an employee's child, spouse or parent. [PL 2005, c. 455, §1 (NEW).] C. "Paid leave" means time away from work by an employee for which the employee receives compensation, and is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these same purposes. "Paid leave" does not include paid short-term or long-term disability, catastrophic leave or similar types of benefits. [PL 2005, c. 455, §1 (NEW).] [PL 2005, c. 455, §1 (NEW).]

2. Use of paid leave. If an employer, under the terms of a collective bargaining agreement or employment policy, provides paid leave, then the employer shall allow an employee to use the paid leave for the care of an immediate family member who is ill as provided in this section. [PL 2005, c. 455, §1 (NEW).]

3. Election of time; amount; process. An employer may adopt a policy limiting the number of hours of paid leave taken under this section, but in no case may the number of hours allowed be fewer than 40 hours for a 12-month period. An employee is not entitled under this section to use paid leave until that leave has been earned. An employee who receives more than one type of paid leave may elect which type and the amount of each of those types of paid leave to use, except that the employee's election may be limited by a bona fide employment policy as long as the policy is uniformly applied to all employees at that workplace. An employer may require notice or verification of illness for leave taken pursuant to this section if such notice or verification is required when an employee takes leave because of the employee's own illness. An employer may require an employee to specify that leave is taken pursuant to this section. [PL 2005, c. 455, §1 (NEW).]

4. Relationship to collective bargaining. This section applies to employees covered by a collective bargaining agreement unless the agreement provides paid leave benefits that are equal to or greater than those provided in this section. [PL 2005, c. 455, §1 (NEW).]

5. Prohibited actions by employer. An employer may not discharge, demote, suspend, discipline or otherwise discriminate against an employee or threaten to take any of these actions against an employee who exercises rights granted under this section or who files a complaint or testifies or assists in an action brought against the employer for a violation of this section. Nothing in this section prohibits an employer from taking employment action against an employee for taking leave that is not protected by this section or other applicable law. [PL 2005, c. 455, §1 (NEW).]

6. Application of family medical leave requirements. For purposes of applying family medical leave requirements, the employer shall treat leave under this section in the same manner as the employer treats leave for a sick employee. [PL 2005, c. 455, §1 (NEW).]

7. Enforcement; rules. The Department of Labor shall adopt rules to implement and enforce the provisions of this section, including rules regarding the receipt, investigation and prosecution of complaints brought under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 455, §1 (NEW).]
26 M.R.S. § 970 — ME Code / Title 26 / Chapter 9-A / Section 970
26 §970. Scope of binding contract arbitration
Status: in_force

A collective bargaining agreement between a 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 1969, c. 424, §1 (NEW).]
26 M.R.S. § 1307-A — ME Code / Title 26 / Chapter 15 / Section 1307-A
26 §1307-A. Minimum wage and benefits rate on construction projects
Status: in_force

The Director of the Bureau of Labor Standards shall form an informal, ad hoc advisory board to advise the director with respect to issues relating to wage rates on construction projects. In forming this advisory board, the director shall select a person from labor engaged in the building trades, a person from labor engaged in the highway and heavy construction trades, a person from the highway and heavy contractors and a person from the building contractors. The board must consist equally of persons and contractors covered by collectively bargained labor agreements and those not covered by collectively bargained labor agreements. [PL 1997, c. 757, §6 (AMD).]
26 M.R.S. § 9 — ME Code / Title 26 / Chapter 1 / Section 9
26 §9. Negotiations on behalf of retired employees
Status: in_force

Employee organizations, unions and bargaining agents in the private sector engaged in collective bargaining with employers may negotiate on behalf of retired and retired disabled former employees of the employer with respect to pensions, retirement benefits and other benefits which, as a part of wages and benefits related to employment, are, were or may be carried with retired employees into retirement. [PL 1979, c. 334 (NEW).]
26 M.R.S. § 1411-I — ME Code / Title 26 / Chapter 19 / Section 1411-I
26 §1411-I. Hearings and judicial review
Status: in_force

An individual applying for or receiving rehabilitation under this article who is aggrieved by an action or inaction of the department is entitled to a fair hearing by the commissioner or the commissioner's designated representative. An individual aggrieved because of the decision made on the basis of the fair hearing may appeal to the Superior Court. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 1025 — ME Code / Title 26 / Chapter 12 / Section 1025
26 §1025. Determination of bargaining agent
Status: in_force

1. Voluntary recognition. A university, academy or community college employee organization may file a request with the university, academy or community colleges alleging that a majority of the university, academy or community college employees in an appropriate bargaining unit as established in section 1024‑A wish to be represented for the purpose of collective bargaining between the university, academy or community colleges 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 university, academy or community colleges. In the event that the request for recognition is granted by the university, academy or community colleges, the executive director shall certify the organization so recognized as the bargaining agent. [PL 2023, c. 541, §2 (AMD).]

1-A. Majority sign-up. If a request by a university, academy or community college employee organization for recognition pursuant to subsection 1 is not granted by the university, academy or community college, 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, §2 (NEW).]

2. Elections. A. The executive director, or the executive director's designee, pursuant to subsection 1‑A , or upon signed petition of at least 30% of a bargaining unit of university, academy or community college 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 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, §2 (AMD).] B. The ballot must contain the name of the organization under paragraph A and that of any other organization showing written proof of at least 10% representation of the university, academy or community college employees within the unit, together with a choice for any university, academy or community college employee to designate that the 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 university, academy or community college 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 university, academy or community colleges 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, §2 (AMD).] C. Whenever 30% of the employees in a bargaining unit petition for a bargaining agent to be decertified, the procedures for conducting an election on the question of decertification are the same as for representation as a bargaining agent as established in this subsection. [PL 2023, c. 541, §2 (AMD).] D. A question concerning representation may not be raised within one year of a certification or attempted certification. When there is a valid collective bargaining agreement in effect, a question concerning unit or representation may not be raised except during the period not more than 90 days nor less than 60 days prior to the expiration date of the agreement. [PL 2023, c. 541, §2 (AMD).] E. The bargaining agent certified by the executive director or the executive director's designee as the exclusive bargaining agent for a unit shall represent all the university, academy or community college employees within the unit without regard to membership in the organization certified as the bargaining agent, except that any university, academy or community college employee may present at any time that employee's grievance to the university, academy or community college and have that grievance adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of any 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, §2 (AMD).] [PL 2023, c. 541, §2 (AMD).]
26 M.R.S. § 612 — ME Code / Title 26 / Chapter 7 / Section 612
26 §612. Fees charged to applicants for employment; receipt
Status: in_force

1. Placement fee. The placement fee charged to an applicant for employment by an employment agency shall not exceed the equivalent of the first full week's gross wages. This fee shall be in full compensation for all services of the employment agency. If for any reason employment terminates in less than one month, the fee shall be adjusted so as not to exceed 10% of the wages earned. [PL 1985, c. 623, §1 (NEW).]

2. Terms of payment of fee for placement. If the placement fee charged to an applicant for employment is paid weekly, 1/8 of the fee shall be paid each week for the first 8 weeks of employment; if paid semi-monthly, each payment shall be 1/4 of the total fee; and if paid monthly, each payment shall be 1/2 of the total fee. [PL 1985, c. 623, §1 (NEW).]

3. Receipt given to an applicant for employment. Every employment agency shall give to each applicant for employment, from whom a fee or other consideration is received, a receipt which must show the name of the applicant for employment, the amount of the fee, any balance due, the date, name or nature of the employment or situation procured and the name and address of the employer. [PL 1985, c. 623, §1 (NEW).]
26 M.R.S. § 1413-A — ME Code / Title 26 / Chapter 19 / Section 1413-A
26 §1413-A. Definitions
Status: in_force

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

1. Advisory council. [PL 2009, c. 174, §5 (RP).]

1-A. Commission. "Commission" means the Commission for the Deaf, Hard of Hearing and Late Deafened. [PL 2009, c. 652, Pt. A, §39 (AMD).]

2. Deaf. "Deaf" means that the sense of hearing of an individual is nonfunctional for the purpose of communication and that individual must depend primarily upon visual communication. [PL 1995, c. 560, Pt. F, §13 (NEW).]

3. Hard of hearing. "Hard of hearing" means a hearing loss in an individual that results in a functional loss, but not to the extent that the individual must depend primarily upon visual communication. [PL 1995, c. 560, Pt. F, §13 (NEW).]

4. Statewide registry. [PL 2009, c. 174, §7 (RP).]

5. Late deafened. "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, §8 (NEW).]
26 M.R.S. § 2105 — ME Code / Title 26 / Chapter 28 / Section 2105
26 §2105. Inspection procedure
Status: in_force

The Bureau of Labor Standards shall adopt an inspection procedure for self-contained breathing apparatus. The procedure must include at least the following, as specified in the manufacturer's operation manual: [PL 2017, c. 219, §19 (AMD).]

1. All components, air supply devices, personal alert safety system devices and warning devices. A complete inspection of all components, air supply devices, personal alert safety system devices and warning devices to be performed after each use and: A. For volunteer associations and on-call fire departments, every month; and [PL 1987, c. 356 (NEW).] B. For full-time fire departments, every week; [PL 1987, c. 356 (NEW).] [PL 2003, c. 570, §6 (AMD); PL 2003, c. 570, §7 (AFF).]

2. Facepiece. Cleansing and sanitizing the facepiece after each use; and [PL 1987, c. 356 (NEW).]

3. Record. A record of the date of each inspection and findings for each self-contained breathing apparatus. [PL 1987, c. 356 (NEW).]
26 M.R.S. § 598-A — ME Code / Title 26 / Chapter 7 / Section 598-A
26 §598-A. Prospective employee's social security number
Status: in_force

Except as required by federal law, beginning January 1, 2020, an employer may not request a social security number from a prospective employee on an employment application or during the application process for employment except for the purposes of substance use testing under subchapter 3‑A or a preemployment background check. This section does not apply to an employer's request for a social security number after the employee has been hired. [PL 2019, c. 567, §1 (AMD).]
26 M.R.S. § 615 — ME Code / Title 26 / Chapter 7 / Section 615
26 §615. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 343, Pt. B, §1 (NEW).]

1. Applicant. "Applicant" means an applicant for employment. [PL 2015, c. 343, Pt. B, §1 (NEW).]

2. Employee. "Employee" means an individual who provides services or labor for an employer for wages or other remuneration. [PL 2015, c. 343, Pt. B, §1 (NEW).]

3. Employer. "Employer" means a person in this State who employs individuals and includes the State and political subdivisions of the State. "Employer" includes a person acting in the interest of an employer directly or indirectly. [PL 2015, c. 343, Pt. B, §1 (NEW).]

4. Social media account. "Social media account" means an account with an electronic medium or service through which users create, share and view user-generated content including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online service accounts and Internet website profiles and locations. "Social media account" does not include an account opened at an employer's behest or provided by an employer or intended to be used primarily on behalf of an employer. [PL 2015, c. 343, Pt. B, §1 (NEW).]
26 M.R.S. § 785 — ME Code / Title 26 / Chapter 7 / Section 785
26 §785. Rulemaking
Status: in_force

The Director of the Bureau of Labor Standards may adopt rules pursuant to Title 5, chapter 375, subchapter II that are consistent with this subchapter and considered appropriate or necessary for the proper administration and enforcement of this subchapter. [PL 1993, c. 434, §6 (NEW).]
26 M.R.S. § 979-C — ME Code / Title 26 / Chapter 9-B / Section 979-C
26 §979-C. Prohibited acts of the public employer, state employees and state employee organizations
Status: in_force

1. Public employer prohibitions. The public employer, its representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 979‑B ; [PL 1973, c. 774 (NEW).] B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment; [PL 1973, c. 774 (NEW).] C. Dominating or interfering with the formation, existence or administration of any employee organization; [PL 1973, c. 774 (NEW).] D. Discharging or otherwise discriminating against an employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; [RR 2023, c. 2, Pt. E, §60 (COR).] E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 979‑D ; [PL 1973, c. 774 (NEW).] F. Blacklisting of any employee organization or its members for the purpose of denying them employment; [PL 2007, c. 415, §7 (AMD).] G. Requiring an employee to join a union, employee association or bargaining agent as a member; and [PL 2007, c. 415, §8 (NEW).] H. Terminating or disciplining an employee for not paying union dues or fees of any type. [PL 2007, c. 415, §9 (NEW).] [RR 2023, c. 2, Pt. E, §60 (COR).]

2. State and legislative employee prohibitions. State and legislative employees, employee organizations, their agents, members and bargaining agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 979‑B or the public employer in the selection of its representative for purposes of collective bargaining or the adjustment of grievances; [PL 1973, c. 774 (NEW).] B. Refusing to bargain collectively with the public employer as required by section 979‑D ; [PL 1973, c. 774 (NEW).] C. Engaging in: (1) A work stoppage; (2) A slowdown; (3) A strike; or (4) The blacklisting of the public employer for the purpose of preventing it from filling employee vacancies. [PL 1973, c. 774 (NEW).] [PL 1997, c. 741, §5 (AMD); PL 1997, c. 741, §12 (AFF).]

3. Violations. Violations of this section shall be processed by the board in the manner provided in section 979‑H . [PL 1973, c. 774 (NEW).]
26 M.R.S. § 851 — ME Code / Title 26 / Chapter 7 / Section 851
26 §851. Policy
Status: in_force

It is declared to be the policy of the State, in the exercise of its police power for the protection of the public safety and for the maintenance of peace and good order and for the promotion of the state's trade, commerce and manufacturing, to assure all persons involved in labor strikes or lockouts, freedom of speech and freedom from bodily harm and to prohibit the occasion of violence and disorder and in furtherance of these policies, to prohibit the recruitment and furnishing of professional strikebreakers to replace the employees involved in labor strikes or lockouts. [PL 1965, c. 189 (NEW).]
26 M.R.S. § 974 — ME Code / Title 26 / Chapter 9-A / Section 974
26 §974. Publication of initial proposals
Status: in_force

Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposal may be publicized until 10 days after both parties have made their initial proposal. [PL 1979, c. 125, §1 (NEW).]