26 M.R.S. § 1288 — ME Code / Title 26 / Chapter 14 / Section 1288
26 §1288. Maine Labor Relations Board; rule-making procedure and review of proceedings
Status: in_force

1. Rule-making procedure. Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3 . [PL 1983, c. 702 (NEW).]

2. Review of representation proceedings. Any person aggrieved by any ruling or determination of the executive director under sections 1286 and 1287 may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an appeal, the board shall, within a reasonable time, hold a hearing, having first caused 7 days' notice in writing of the time and place of that hearing to be given to the aggrieved party, the labor organizations or bargaining agent and the public employer. The hearings and the procedures established in furtherance thereof must be in accordance with section 968 . Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 1292 , provided the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested. [PL 1993, c. 90, §8 (AMD).]
26 M.R.S. § 972 — ME Code / Title 26 / Chapter 9-A / Section 972
26 §972. Review
Status: in_force

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, §3 (AMD).]

The binding determination of an arbitration panel or arbitrator, in the absence of fraud, upon all questions of fact shall be final. The court may, after consideration, affirm, reverse or modify any such binding determination or decision based upon an erroneous ruling or finding of law. An appeal may be taken to the law court as in any civil action. [PL 1971, c. 609, §11 (AMD).]
26 M.R.S. § 604 — ME Code / Title 26 / Chapter 7 / Section 604
26 §604. Nursing in the workplace
Status: in_force

An employer, as defined in section 603, subsection 1, paragraph A, shall provide adequate unpaid break time or permit an employee to use paid break time or meal time each day to express breast milk for the employee's nursing child for up to 3 years following childbirth. The employer shall make reasonable efforts to provide a clean room or other location, other than a bathroom, where an employee may express breast milk in privacy. An employer may not discriminate in any way against an employee who chooses to express breast milk in the workplace. [RR 2023, c. 2, Pt. E, §12 (COR).]
26 M.R.S. § 591-A — ME Code / Title 26 / Chapter 7 / Section 591-A
26 §591-A. Employee misclassification
Status: in_force

An employer that intentionally or knowingly misclassifies an employee as an independent contractor commits a civil violation for which a fine of not less than $2,000 and not more than $10,000 per violation may be adjudged. [PL 2011, c. 643, §5 (NEW); PL 2011, c. 643, §14 (AFF).]

A determination of misclassification of a worker as an independent contractor may result in the assessment of penalties under section 1051 , 1082 or 1225 or Title 39‑A, section 105‑A or 324 . [PL 2011, c. 643, §5 (NEW); PL 2011, c. 643, §14 (AFF).]
26 M.R.S. § 1023 — ME Code / Title 26 / Chapter 12 / Section 1023
26 §1023. Right of university, academy or community college employees to join or refrain from joining labor organizations; prohibition
Status: in_force

A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a university, academy or community college employee or a group of university, academy or community college employees in the free exercise of their rights, given by this section, to voluntarily: [PL 2007, c. 415, §10 (RPR).]

1. Join a union. Join, form and participate in the activities of organizations of their own choosing for the purposes of representation and collective bargaining or in the free exercise of any other right under this chapter; or [PL 2007, c. 415, §10 (NEW).]

2. Not join a union. Refrain from joining or participating in the activities of organizations for the purposes of representation and collective bargaining, except that an employee may be required to pay to the organization that is the bargaining agent for the employee a service fee that represents the employee's pro rata share of those expenditures that are germane to the organization's representational activities. [PL 2007, c. 415, §10 (NEW).]
26 M.R.S. § 1233 — ME Code / Title 26 / Chapter 13 / Section 1233
26 §1233. Collection by levy on 3rd parties
Status: in_force

1. Notice of levy. If an employer fails to pay any part of the contribution, interest or penalties due under this chapter, the Director of Unemployment Compensation may notify by mail a 3rd party who has possession or control of property in which the delinquent employer may have an interest or who may owe a debt to the delinquent employer, other than earnings. A. A notice under this section may be given any time after the amount due under this Title becomes delinquent. The notice must state the aggregate amount of contributions, penalties, interest or other amounts due and any additional amount that will accrue by operation of law in a period not to exceed the computation ending date of the month in which the notice is given and, in the case of a credit, bank, or savings account or deposit, is effective only up to that amount. [PL 1999, c. 464, §12 (NEW).] [PL 1999, c. 464, §12 (NEW).]

2. Notification and freezing assets. Upon receipt of a notice provided under this section, the person receiving the notice: A. Shall advise the Director of Unemployment Compensation no later than 20 calendar days after the date the notice was sent of any property belonging to the delinquent employer that is possessed or controlled by the person receiving the notice and of any debt owed by the person receiving the notice to the delinquent employer, except earnings; and [PL 1999, c. 464, §12 (NEW).] B. May not transfer or dispose of the property or debt possessed, controlled or owed by the person receiving the notice during the period of 60 calendar days after the date the notice was sent. [PL 1999, c. 464, §12 (NEW).] A notice sent under this section that attempts to prohibit the transfer or disposition of any property possessed or controlled by a bank is effective if it is mailed to the principal or any branch office of the bank, including any office of the bank at which the deposit is carried or the credit or property is held. A person who has received a notice under this section and who transfers or disposes of any property or debt in a manner that violates this section is liable to the Director of Unemployment Compensation for the amount of the indebtedness of the delinquent person with respect to whose obligation the notice was given to the extent of the value of that property or debt. [PL 1999, c. 464, §12 (NEW).]

3. Levy on property. At any time during the period of 60 calendar days described in this section, the Director of Unemployment Compensation may levy on the property or debt by delivery of a notice of levy. Upon receipt of the levy notice, the person possessing the property or debt shall transfer the property to the director or pay to the director the amount owed to the delinquent employer. [PL 1999, c. 464, §12 (NEW).]

4. Effect of levy. A notice is effective: A. At the time of delivery against all property, rights to property, credits and debts involving the delinquent employer that are not, as of the date of the notice, subject to a preexisting lien, attachment, garnishment or execution issued through a judicial process; and [PL 1999, c. 464, §12 (NEW).] B. Against all property, rights to property, credits and debts involving the delinquent employer that come into the possession or control of the person served with the notice within the period of 60 calendar days described in this section. [PL 1999, c. 464, §12 (NEW).] A person acting in accordance with the terms of the notice of freeze or levy issued by the Director of Unemployment Compensation is discharged from any obligation or liability to the delinquent employer with respect to the affected property, rights to property, credits and debts of the person affected by compliance with the notice of freeze or levy. [PL 1999, c. 464, §12 (NEW).]

5. Property subject to levy. The delinquent employer property subject to levy includes: A. A credit, bank or savings account or deposit that is subject to execution pursuant to Title 14, section 4751 ; or [PL 1999, c. 464, §12 (NEW).] B. Any other interest or personal property that is not exempt from attachment or execution pursuant to Title 14, sections 4421 to 4426 . [PL 1999, c. 464, §12 (NEW).] [PL 1999, c. 464, §12 (NEW).]
26 M.R.S. § 351 — ME Code / Title 26 / Chapter 5 / Section 351
26 §351. Rules
Status: in_force

The Commissioner of Labor shall adopt rules in accordance with Title 5, chapter 375 relating to sanitation on railroad property as it affects the safety and health of railroad employees, including, but not limited to, engineers, yard workers, maintenance-of-way employees, clerical employees and enginehouse employees. [PL 2025, c. 390, Pt. A, §45 (AMD).]
26 M.R.S. § 2061 — ME Code / Title 26 / Chapter 26-A / Section 2061
26 §2061. Program created
Status: in_force

The Peer Support Program for Displaced Workers is created within the department to provide advocacy and information for workers displaced by significant layoffs. The program may initiate one or more projects to assist employees as provided in this chapter and as resources permit. The department is authorized to use any available resources or to apply for federal grants to implement this chapter. Any funds appropriated by the Legislature for a pilot program or this program may not lapse but must be carried forward. [PL 1999, c. 506, §1 (NEW); PL 1999, c. 506, §3 (AFF).]
26 M.R.S. § 979-G — ME Code / Title 26 / Chapter 9-B / Section 979-G
26 §979-G. Rule-making procedure and review of proceedings
Status: in_force

1. Rule-making procedure. Proceedings conducted under this chapter are subject to the rules and procedures of the board promulgated under section 968, subsection 3 . [PL 1993, c. 90, §4 (AMD).]

2. Review of representation proceedings. Any person aggrieved by any ruling or determination of the executive director under sections 979‑E and 979‑F may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an appeal, the board shall, within a reasonable time, hold a hearing, having first caused 7 days' notice in writing of the time and place of such hearing to be given to the aggrieved party, the labor organizations or bargaining agent and the public employer. The hearings and the procedures established in furtherance thereof must be in accordance with section 968 . Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 972 , 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. [PL 1993, c. 90, §4 (AMD).]
26 M.R.S. § 1311 — ME Code / Title 26 / Chapter 15 / Section 1311
26 §1311. Wage and benefit record of contractor
Status: in_force

The contractor and each subcontractor in charge of the construction of a public work or assisted project shall keep an accurate record showing the names and occupation of all laborers, workers and mechanics employed by them and all independent contractors working under contract with them in connection with the construction on the public works or assisted project. The record must also show for all laborers, workers, mechanics and independent contractors the hours worked, the title of the job, the hourly rate or other method of remuneration and the actual wages or other compensation paid to each of the laborers, workers, mechanics and independent contractors. A copy of such a record must be kept at the job site and must be open at all reasonable hours to the inspection of the Bureau of Labor Standards and the public authority that let the contract and its officers and agents. It is not necessary to preserve those records for a period longer than 3 years after the termination of the contract. A copy of each such record must also be filed monthly with the public authority that let the contract or with the agency of the State providing economic assistance to the assisted project. The filed record is a public record pursuant to Title 1, chapter 13 , except that the public authority letting a contract shall adopt rules to protect the privacy of personal information contained in the records filed with the public authority under this section, such as Social Security numbers and taxpayer identification numbers. The rules may not prevent the disclosure of information regarding the classification of workers or independent contractors and the remuneration they receive. Such rules are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 705, §6 (AMD).]
26 M.R.S. § 2071 — ME Code / Title 26 / Chapter 27 / Section 2071
26 §2071. Short title
Status: in_force

This chapter shall be known and may be cited as the "Railroad Employee Equity Act." [PL 1987, c. 327 (NEW).]
26 M.R.S. § 581 — ME Code / Title 26 / Chapter 6 / Section 581
26 §581. Administration and enforcement
Status: in_force

To implement section 580 in workplaces provided by the State, state agency, county, municipal corporation, school district or other public corporation or political subdivision, the Occupational Safety Rules and Regulations Board shall formulate and adopt pursuant to Title 5, section 8051 et seq., reasonable rules and regulations pursuant to this chapter and the bureau shall inspect and enforce the rules and regulations. The Commissioner of Agriculture, Conservation and Forestry shall have the authority to adopt, pursuant to Title 5, section 8051 et seq., administer and enforce standards, rules and regulations to implement section 580 in all other workplaces. [PL 1981, c. 15, §3 (RPR); PL 2011, c. 657, Pt. W, §6 (REV).]
26 M.R.S. § 1085 — ME Code / Title 26 / Chapter 13 / Section 1085
26 §1085. Access to federal tax information; background investigation requirements
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affected person" means a person who is: (1) An applicant for employment with the bureau who will have access to federal tax information as part of that employment; (2) A contractor for the bureau who provides or is assigned to provide services to the bureau under an identified contract. For the purposes of this subparagraph, "identified contract" means a contract that the Director of Unemployment Compensation determines involves access, or the substantial possibility of access, to the bureau's information technology systems that contain federal tax information; (3) An employee of the bureau who has or will be given access to federal tax information as part of that employee's employment with the bureau and has not undergone a federal background investigation within the past 5 years; or (4) An employee or contractor of another state agency, if the bureau determines the duties of that employee or contractor involve access or the substantial possibility of access through the bureau to federal tax information obtained from the United States Internal Revenue Service or the Department of Administrative and Financial Services, Bureau of Revenue Services. [PL 2025, c. 235, §8 (AMD).] B. "Contractor" includes a contractor's employees and subcontractors and employees of those subcontractors. [PL 2019, c. 644, §4 (NEW).] C. "Federal tax information" means returns and return information as defined in the United States Internal Revenue Code of 1986, Section 6103(b) that are received directly from the United States Internal Revenue Service or obtained through a secondary source authorized by the Internal Revenue Service and that are subject to the confidentiality protections and safeguarding requirements of the United States Internal Revenue Code of 1986 and corresponding federal regulations and guidance. "Federal tax information" also includes information received as part of the treasury offset program under the authority of the United States Internal Revenue Code of 1986, Section 6103(l)(10) from the United States Department of the Treasury, Bureau of the Fiscal Service. "Federal tax information" does not include information in the possession of the State that is obtained by means wholly from sources independent from the Internal Revenue Service. [PL 2019, c. 644, §4 (NEW).] [PL 2025, c. 235, §8 (AMD).]

2. Federal background investigation requirements. The Bureau of Unemployment Compensation shall perform background investigations for affected persons in accordance with this subsection. A federal background investigation conducted pursuant to this subsection must include fingerprinting and obtaining national criminal history record information from the Federal Bureau of Investigation and must satisfy the background investigation standards established by the United States Internal Revenue Service regarding access to federal tax information. A. As part of the process of evaluating an affected person for employment with the bureau involving access to federal tax information, a federal background investigation must be conducted before an offer of employment is extended. [PL 2019, c. 644, §4 (NEW).] B. A federal background investigation for an affected person assigned to provide services to the bureau under an identified contract must be conducted before that affected person begins providing services to the bureau and at least once every 10 years as long as the affected person continues providing services to the bureau. [PL 2019, c. 644, §4 (NEW).] C. As part of the process of evaluating an affected person for continued employment with the bureau, a federal background investigation must be conducted at least once every 10 years. If an affected person has not been subject to a federal background investigation within 10 years prior to the effective date of this section, a federal background investigation must be conducted within one year of the effective date of this section. [PL 2019, c. 644, §4 (NEW).] D. A federal background investigation for an affected person who is an employee or contractor of another state agency must be conducted before that affected person is provided access, or the substantial possibility of access, to federal tax information obtained from the bureau and at least once every 10 years as long as the affected person continues to have such access, except that, if the bureau determines that the affected person has been subject to a background investigation that satisfies the background investigation standards established by the United States Internal Revenue Service regarding access to federal tax information within the past 10 years, no further investigations are required under this paragraph for the 10-year period commencing at the time of the federal background investigation. [PL 2019, c. 644, §4 (NEW).] [PL 2019, c. 644, §4 (NEW).]

3. Fingerprinting. An affected person must consent to having fingerprints taken for use in background investigations in accordance with this subsection. The State Police shall take or cause to be taken the affected person's fingerprints and shall forward the fingerprints to the Department of Public Safety, State Bureau of Identification so that the State Bureau of Identification can conduct state and national criminal history record checks for the Bureau of Unemployment Compensation. The State Police may charge the Bureau of Unemployment Compensation for the expenses incurred in processing state and national criminal history record checks. The full fee charged under this subsection must be deposited in a dedicated revenue account for the State Bureau of Identification with the purpose of paying costs associated with the maintenance and replacement of the criminal history record systems. [PL 2019, c. 644, §4 (NEW).]

4. Confidentiality. All information obtained by the bureau pursuant to this section is confidential. The information may be used only for making decisions regarding the suitability of an affected person for new or continued employment with the bureau, to provide services to the bureau under an identified contract or to access federal tax information obtained from the bureau. [PL 2025, c. 111, §2 (AMD).]

5. Affected person's access to criminal history record information. The bureau shall provide an affected person with access to information obtained pursuant to this section, if requested, by providing a paper copy of the criminal history record information directly to the affected person, but only after the bureau confirms that the affected person is the subject of the record. In addition, the bureau shall publish guidance on requesting such information from the Federal Bureau of Investigation. [PL 2019, c. 644, §4 (NEW).]

6. Disqualifying offenses; refusal to consent. The Director of Unemployment Compensation shall review the information obtained under this section and determine whether an affected person has a disqualifying offense that would prohibit authorizing that individual to access federal tax information. Refusal by the affected person to consent to the background investigation requirements under this section is deemed a disqualifying offense. The following applies to an affected person who has a disqualifying offense: A. The bureau may not employ or utilize that affected person in a position for which access to federal tax information is required; [PL 2019, c. 644, §4 (NEW).] B. If the affected person is an employee of the bureau or is assigned to provide services to the bureau under an identified contract and the director of the bureau has authorized the affected person to access federal tax information, the bureau shall terminate that affected person's access and may remove that affected person from any position that involves access, or the substantial possibility of access, to federal tax information. If the affected person is an employee of the bureau, the bureau shall make a reasonable effort to retain that person as an employee in another position within the bureau that does not require access to federal tax information; and [PL 2019, c. 644, §4 (NEW).] C. If the affected person is an employee or contractor of another state agency, the bureau shall notify the other agency and the agency shall terminate the affected person's access, or substantial possibility of access, to federal tax information and may remove that affected person from any position that involves such access. If the affected person is an employee of the other agency, the agency shall make a reasonable effort to retain that person as an employee in another position that does not require access to federal tax information. [PL 2019, c. 644, §4 (NEW).] [PL 2019, c. 644, §4 (NEW).]
26 M.R.S. § 2172 — ME Code / Title 26 / Chapter 33 / Section 2172
26 §2172. On-the-job training contracts; apprenticeships
Status: in_force

1. Application. This section applies to all on-the-job training contracts entered into by any agency or organization, public or private, that provides a wage subsidy for a trainee with public funds, including all contracts written under the Maine Workforce Investment System. [PL 2003, c. 114, §20 (AMD).]

2. Standards for on-the-job training contracts. All on-the-job training contracts must meet the following requirements of this subsection. A. The occupation for which the contract is written is one which traditionally requires specific occupational training as a prerequisite. [PL 1989, c. 408, §3 (NEW).] B. The firm or establishment with which the contract is made is not involved in a strike, lockout or other labor dispute. [PL 1989, c. 408, §3 (NEW).] C. The trainee working under the contract shall receive the same wages and benefits and be subject to the same working conditions as other employees working an equivalent length of time and performing a substantially equivalent job at the work site. [PL 1989, c. 408, §3 (NEW).] D. Except when the employer has good cause related to the trainee's work performance, the employer shall, upon completion of the on-the-job training contract, offer the trainee continued employment with at least equivalent wages, benefits and working conditions, as existed under the contract. [PL 1989, c. 408, §3 (NEW).] E. The employer with whom the contract is made has not, in the past, violated paragraph D . [PL 1989, c. 408, §3 (NEW).] [PL 1989, c. 408, §3 (NEW).]

3. Nondisplacement; noninfringement; existing collective bargaining agreements. An on-the-job training contract may be executed only if: A. No currently employed worker would be displaced by the trainee, including partial displacement such as reduction in the hours of work, wages or employment benefits; [PL 1989, c. 408, §3 (NEW).] B. The training position would not impair existing contracts for the services or collective bargaining agreements, except when the written concurrence of the labor organization concerned has been obtained; [PL 1989, c. 408, §3 (NEW).] C. No other individual is on layoff from the same or any substantially equivalent job for which the trainee would be trained; [PL 1989, c. 408, §3 (NEW).] D. The employer has not terminated the employment of any regular employee or otherwise reduced the work force of the employer with the intention of filling the vacancy so created by contracting to hire the trainee; and [PL 1989, c. 408, §3 (NEW).] E. The job for which the individual would be trained is not being created in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. [PL 1989, c. 408, §3 (NEW).] [PL 1989, c. 408, §3 (NEW).]

4. Apprenticeable occupations. [PL 2011, c. 491, §11 (RP).]
26 M.R.S. § 1418-D — ME Code / Title 26 / Chapter 19 / Section 1418-D
26 §1418-D. Education of blind children
Status: in_force

1. Division services. The division shall provide the following services to blind and visually impaired persons from birth to age 21: A. Itinerant teacher services; [PL 1995, c. 560, Pt. F, §13 (NEW).] B. Mobility instruction; [PL 1995, c. 560, Pt. F, §13 (NEW).] C. Braille instruction; [PL 1995, c. 560, Pt. F, §13 (NEW).] D. Low-vision services; [PL 1995, c. 560, Pt. F, §13 (NEW).] E. Special aids and supplies needed to participate in the educational process; and [PL 1995, c. 560, Pt. F, §13 (NEW).] F. Advocacy, counseling and guidance services to students and their parents. [PL 1995, c. 560, Pt. F, §13 (NEW).] [PL 1995, c. 560, Pt. F, §13 (NEW).]

2. Department of Education input; school administrative units. The division shall ensure that the Department of Education has input into any contract to provide educational services and delivery of those services to blind or visually impaired children from birth to 20 years of age. Educational services for blind or visually impaired children from birth to 20 years of age are an entitlement mandated by federal law and, as such, children will receive priority for all services provided by the division. Nothing in this section relieves school administrative units from fulfilling their responsibilities under Title 20‑A, Part 4, subpart 1 . [PL 2011, c. 661, §1 (AMD).]
26 M.R.S. § 2052 — ME Code / Title 26 / Chapter 26 / Section 2052
26 §2052. Suits by the commissioner
Status: in_force

The commissioner shall bring an action on behalf of one or more employees in any court of competent jurisdiction to challenge any adverse determination on a petition for certification, or part thereof, filed under the Act when the commissioner believes that determination to be erroneous. [RR 2023, c. 2, Pt. E, §134 (COR).]
26 M.R.S. § 810 — ME Code / Title 26 / Chapter 7 / Section 810
26 §810. Absence for emergency response
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Employer" means any private or public employer, including the State and political subdivisions of the State. [PL 2019, c. 329, §1 (NEW).] B. "Recognized organization" means a nonprofit search and rescue organization recognized by the Department of Inland Fisheries and Wildlife, Bureau of Warden Service. [PL 2019, c. 329, §1 (NEW).] C. "Search and rescue" means a search, rescue or search and rescue. [PL 2019, c. 329, §1 (NEW).] D. "Search and rescue volunteer" means a person who is certified in search and rescue practices and procedures by a recognized organization. [PL 2019, c. 329, §1 (NEW).] [PL 2019, c. 329, §1 (NEW).]

2. Prohibition against discharge or disciplinary action. An employer may not discharge or take any other disciplinary action against or otherwise discriminate against an employee because of the employee's failure to report for work at the beginning of the employee's regular working hours or the employee's absence during the employee's regular working hours if the employee's failure to report or absence was because the employee was responding to a search and rescue operation requested by a law enforcement agency in the employee's capacity as a search and rescue volunteer and the employee reported for work as soon as reasonably possible after being released from the search and rescue operation. An employer may charge the lost time against the employee's regular pay or against the employee's available leave time. This subsection does not apply to the absence of an employee if the employee has been designated as essential by the employer pursuant to subsection 6 . [PL 2019, c. 329, §1 (NEW).]

3. Notification; verification. An employee responding as a search and rescue volunteer to a search and rescue operation, the employee's designee or the search and rescue operation supervisor shall make every effort to immediately notify the employer that the employee may be late arriving to work or absent from work as a result of responding to a search and rescue operation requested by a law enforcement agency prior to or during the employee's regular working hours. At the request of an employer, an employee losing work time as provided in subsection 2 shall provide the employer with a statement from the official in charge of the recognized organization, the official's designee or a law enforcement official responsible for the search and rescue operation verifying that the employee was responding to a search and rescue operation and specifying the date and time of release from the operation. [PL 2019, c. 329, §1 (NEW).]

4. Enforcement; penalty for violation. If an employer has violated subsection 2 , the employee may bring an action in Superior Court in the county in which the employee resides or in the county in which the employer's place of business is located. The action must be brought within one year of the date of the alleged violation. If the court finds that the employer violated subsection 2 and if the employee so requests, the court shall order the employer to reinstate the employee in the employee's former position without reduction of pay, seniority or other benefits. The court also shall order any other appropriate remedy necessary to return the employee to the position the employee would have been in had the employer not violated subsection 2 , including payment of back pay and reinstatement of any other benefits lost during the period in which the discharge or disciplinary action was in effect. [PL 2019, c. 329, §1 (NEW).]

5. Individual agreements. This section does not apply if the employer and the employee have entered into a written agreement, signed by the employer and the employee, that governs procedures to be followed when the employee is called to respond to a search and rescue operation as a search and rescue volunteer. [PL 2019, c. 329, §1 (NEW).]

6. Designation as essential. Upon receiving notice of an employee's search and rescue volunteer status, an employer may designate the employee essential to the employer's operations if the absence of the employee would cause significant disruption of the employer's business. This designation must be made in writing and signed by both the employee and the employer. [PL 2019, c. 329, §1 (NEW).]

7. Information to be filed by the employee with the employer. This section applies only if: A. The recognized organization in charge of calling out search and rescue volunteers has a written policy that: (1) Specifies the circumstances under which search and rescue volunteers will be ordered to remain at a search and rescue operation; and (2) Affirms that search and rescue volunteers will be released as soon as practicable; and [PL 2019, c. 329, §1 (NEW).] B. The employee presents a copy of the policy described in paragraph A to the employer upon notifying the employer of the employee's status as a search and rescue volunteer, within 30 days of employment or within 180 days of the effective date of this subsection. [PL 2019, c. 329, §1 (NEW).] An employee shall notify the employer of any change to the employee's status as a search and rescue volunteer, including termination of that status within 30 days of the change. [PL 2019, c. 329, §1 (NEW).]
26 M.R.S. § 1412-D — ME Code / Title 26 / Chapter 19 / Section 1412-D
26 §1412-D. Provision of rehabilitation services
Status: in_force

Rehabilitation services may be provided directly or through public or private resources to people with disabilities, including those who are eligible for rehabilitation services under the terms of an agreement with another state or with the Federal Government. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 616 — ME Code / Title 26 / Chapter 7 / Section 616
26 §616. Prohibitions
Status: in_force

An employer may not: [PL 2015, c. 343, Pt. B, §1 (NEW).]

1. Passwords. Require or coerce an employee or applicant to disclose, or request that an employee or applicant disclose, the password or any other means for accessing a personal social media account; [PL 2015, c. 343, Pt. B, §1 (NEW).]

2. Access in presence. Require or coerce an employee or applicant to access, or request that an employee or applicant access, a personal social media account in the presence of the employer or an agent of the employer; [PL 2015, c. 343, Pt. B, §1 (NEW).]

3. Information. Require or coerce an employee or applicant to disclose any personal social media account information; [PL 2015, c. 343, Pt. B, §1 (NEW).]

4. Contacts. Require or cause an employee or applicant to add anyone, including the employer or an agent of the employer, to the employee's or applicant's list of contacts associated with a personal social media account; [PL 2015, c. 343, Pt. B, §1 (NEW).]

5. Settings. Require or cause an employee or applicant to alter, or request that an employee or applicant alter, settings that affect a 3rd party's ability to view the contents of a personal social media account; [PL 2015, c. 343, Pt. B, §1 (NEW).]

6. Employees. Discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize an employee for the employee's refusal to disclose or provide access to information as specified in subsection 1 , 2 or 3 or for refusal to add anyone to the employee's list of contacts associated with a personal social media account as specified in subsection 4 or to alter the settings associated with a personal social media account as specified in subsection 5 ; or [PL 2015, c. 343, Pt. B, §1 (NEW).]

7. Applicants. Fail or refuse to hire an applicant as a result of the applicant's refusal to disclose or provide access to information specified in subsection 1 , 2 or 3 or refusal to add anyone to the applicant's list of contacts associated with a personal social media account as specified in subsection 4 or to alter the settings associated with a personal social media account as specified in subsection 5 . [PL 2015, c. 343, Pt. B, §1 (NEW).]
26 M.R.S. § 1412-B — ME Code / Title 26 / Chapter 19 / Section 1412-B
26 §1412-B. Reporting and evaluation of rehabilitation needs
Status: in_force

The department shall evaluate the needs of people with disabilities in the State and how these needs may be met most effectively. As required by the federal Rehabilitation Act of 1973 and the federal Workforce Innovation and Opportunity Act of 2014, Public Law 113‑128, the department shall conduct a comprehensive statewide assessment every 3 years to describe the rehabilitation needs of individuals with disabilities residing in the State, including a review of community rehabilitation programs in the State and their effectiveness and adequacy in meeting the overall needs of people with disabilities. The commissioner shall use the results of these reviews to advise the Governor and the Legislature of any need to change the State's rehabilitation programs. The commissioner shall report annually to the joint standing committee of the Legislature having jurisdiction over labor matters the program outcomes as part of the reports authorized under section 2004‑A, subsection 3 and required under section 3101‑A . [RR 2021, c. 2, Pt. A, §95 (COR).]
26 M.R.S. § 971 — ME Code / Title 26 / Chapter 9-A / Section 971
26 §971. 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 1971, c. 609, §10 (RPR).]
26 M.R.S. § 2003 — ME Code / Title 26 / Chapter 25 / Section 2003
26 §2003. Authority of commissioner
Status: in_force

The commissioner may enter into agreements with agencies of the Federal Government, State Government or county government as required for the purpose of implementing the Workforce Innovation and Opportunity Act. [PL 2017, c. 110, §12 (AMD).]
26 M.R.S. § 933 — ME Code / Title 26 / Chapter 9 / Section 933
26 §933. Notice; recess of meetings and hearings
Status: in_force

Except in cases in which the public welfare is involved, a minimum of 3 working days' notice shall be required before the board will convene. [PL 1985, c. 294, §§ 2 and 3 (NEW).]

When the board has taken jurisdiction of a case where a dispute exists, it may, at its discretion, recess the hearings for any reasonable purpose and may call a subsequent meeting as soon as practicable at any appropriate place or time which it may designate for a continuation of the proceedings. [PL 1985, c. 294, §§ 2 and 3 (NEW).]
26 M.R.S. § 1221-B — ME Code / Title 26 / Chapter 13 / Section 1221-B
26 §1221-B. Treatment of Indian tribes
Status: in_force

To the extent permitted under federal law, including the Maine Indian Claims Settlement Act, Title 25, United States Code, Chapter 19, Subchapter II, this section governs unemployment contributions and direct reimbursement options for Indian tribes. [PL 2001, c. 381, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employing unit," as defined in this chapter, includes any Indian tribe for which service in employment is performed. [PL 2001, c. 381, §1 (NEW).] B. "Employment" includes service performed in the employ of an Indian tribe, as defined in the Federal Unemployment Tax Act, 26 United States Code, Chapter 23, Section 3306(u), 2000, referred to in this section as "FUTA," as long as that service is excluded from the definition of employment as defined in 26 United States Code, Section 3306(c) solely by reason of 26 United States Code, Section 3306(c)(7) and is not otherwise excluded from the definition of employment under this chapter. For purposes of this paragraph, the exclusions from employment in section 1043, subsection 11, paragraph F , subparagraph (17), division (i), subdivisions (i), (ii), (iii), (iv) and (v) are applicable to services performed in the employ of an Indian tribe. [PL 2011, c. 691, Pt. A, §29 (AMD).] C. "Indian tribe" means an Indian tribe or tribal unit, including a subdivision, subsidiary or business enterprise wholly owned by an Indian tribe subject to this chapter. [PL 2001, c. 381, §1 (NEW).] [PL 2011, c. 691, Pt. A, §29 (AMD).]

2. Benefits. Benefits based on service in employment are payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter. [PL 2001, c. 381, §1 (NEW).]

3. Payments in lieu of contributions. Contributions by Indian tribes for unemployment tax purposes are controlled by this subsection. A. An Indian tribe shall pay contributions under the same terms and conditions as all other subject employers unless that Indian tribe elects to pay into the fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe. [PL 2001, c. 381, §1 (NEW).] B. An Indian tribe electing to make payments in lieu of contributions shall make that election in the same manner and under the same conditions as provided in section 1221, subsection 11 for the State and local governments and nonprofit organizations subject to this chapter. An Indian tribe shall determine if reimbursement for benefits paid will be elected by the Indian tribe as a whole, by an individual tribal unit or by a combination of individual tribal units. [PL 2001, c. 381, §1 (NEW).] C. An Indian tribe or tribal unit must be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions. [PL 2001, c. 381, §1 (NEW).] D. At the discretion of the commissioner, an Indian tribe that elects to become liable for payments in lieu of contributions shall, within 60 days after the effective date of its election: (1) Execute and file with the commissioner a surety bond approved by the commissioner; or (2) Deposit with the commissioner money or securities on the same basis as other employers with the same election option. [PL 2001, c. 381, §1 (NEW).] [PL 2001, c. 381, §1 (NEW).]

4. Failure to make payments. An Indian tribe that fails to make the required payment is subject to this subsection. A. An Indian tribe that fails to make the payments required by this chapter, including assessments of interest and penalty, within 90 days of receipt of the bill loses the option to make payments in lieu of contributions, as described in subsection 3 , for the following tax year unless payment in full is received before contribution rates for the next tax year are computed. [PL 2001, c. 381, §1 (NEW).] B. An Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in paragraph A , regains the option if, after a period of one year, all contributions have been made on time and no contributions, payments in lieu of contributions for benefits paid, interest or penalties remain outstanding. [PL 2001, c. 381, §1 (NEW).] C. Notwithstanding subsection 1, paragraph B , if the Indian tribe fails to make required payments, including assessments of interest and penalty, after all collection activities considered necessary by the commissioner have been exhausted, services performed for that Indian tribe are not considered employment for purposes of subsection 1, paragraph B . [PL 2001, c. 381, §1 (NEW).] D. An Indian tribe that loses coverage due to paragraph C may have services performed for that Indian tribe included as employment at the discretion of the commissioner, once all contributions, payments in lieu of contributions, interest and penalties have been paid. [PL 2001, c. 381, §1 (NEW).] [PL 2001, c. 381, §1 (NEW).]

5. Notices to Indian tribes. The commissioner shall provide notification in notices of payment and reporting delinquency to Indian tribes that failure to make full payment within the prescribed time frame: A. Will cause the Indian tribe to be liable for taxes under FUTA; [PL 2001, c. 381, §1 (NEW).] B. Will cause the Indian tribe to lose the option to make payments in lieu of contributions; and [PL 2001, c. 381, §1 (NEW).] C. Could cause services in the employ of the Indian tribe to be excepted from employment for purposes of obtaining benefits under the Employment Security Law. [PL 2001, c. 381, §1 (NEW).] [PL 2001, c. 381, §1 (NEW).]

6. Notices to Federal Government. If an Indian tribe fails to make payments required under this section, including assessments of interest and penalties, within 90 days of a final notice of delinquency, the commissioner shall notify immediately the United States Internal Revenue Service and the United States Department of Labor. [PL 2001, c. 381, §1 (NEW).]

7. Extended benefits. Extended benefits paid that are attributable to service in the employ of an Indian tribe and not reimbursed by the Federal Government must be financed in their entirety by that Indian tribe. [PL 2001, c. 381, §1 (NEW).]

8. Continuation of coverage. Unemployment benefits payable to unemployed individuals who performed services in employment for an Indian tribe as defined in this section and who meet the eligibility qualifications under this chapter may not be withheld because the Indian tribe is delinquent in the payment of unemployment contributions or reimbursement payments in lieu of contributions as defined in this chapter. [PL 2001, c. 381, §1 (NEW).]
26 M.R.S. § 599-B — ME Code / Title 26 / Chapter 7 / Section 599-B
26 §599-B. Restrictive employment agreements
Status: in_force

1. Definition. For purposes of this section, "restrictive employment agreement" means an agreement that: A. Is between 2 or more employers, including through a franchise agreement or a contractor and subcontractor agreement; and [PL 2019, c. 513, §1 (NEW).] B. Prohibits or restricts one employer from soliciting or hiring another employer's employees or former employees. [PL 2019, c. 513, §1 (NEW).] [PL 2019, c. 513, §1 (NEW).]

2. Restrictive employment agreements prohibited. An employer may not: A. Enter into a restrictive employment agreement; or [PL 2019, c. 513, §1 (NEW).] B. Enforce or threaten to enforce a restrictive employment agreement. [PL 2019, c. 513, §1 (NEW).] [PL 2019, c. 513, §1 (NEW).]

3. Penalty; enforcement. An employer that violates subsection 2 commits a civil violation for which a fine of not less than $5,000 may be adjudged. The Department of Labor is responsible for enforcement of this section. [PL 2019, c. 513, §1 (NEW).]
26 M.R.S. § 1413-D — ME Code / Title 26 / Chapter 19 / Section 1413-D
26 §1413-D. Commission; powers and duties
Status: in_force

The commission shall advise the Director of the Bureau of Rehabilitation Services and shall prepare an annual report, which is a public document to the extent that it complies with section 1412 . The report must include, but is not limited to: [PL 2009, c. 174, §18 (AMD).]

1. Review. Review of the status of services to deaf, hard-of-hearing and late-deafened persons; [PL 2009, c. 174, §18 (AMD).]

2. Recommendations. Recommendations for priorities for the development and coordination of services to deaf, hard-of-hearing and late-deafened persons; [PL 2009, c. 174, §18 (AMD).]

3. Evaluation. An evaluation of the progress made as the result of recommendations made in the preceding report of the chair; [PL 1995, c. 560, Pt. F, §13 (NEW).]

4. Statement of goals. A statement of goals for activities of the division during the subsequent fiscal year; and [PL 1995, c. 560, Pt. F, §13 (NEW).]

5. Implementation of functions. The steps to be taken by the division to implement the functions listed in section 1413‑B . [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 850-L — ME Code / Title 26 / Chapter 7 / Section 850-L
26 §850-L. Disqualification of covered individual
Status: in_force

1. False statement; misrepresentation. A covered individual is disqualified from family leave benefits and medical leave benefits for one year if the individual is determined by the department to have willfully made a false statement or misrepresentation regarding a material fact, or willfully failed to report a material fact, to obtain benefits under this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Erroneous payment. If family leave benefits or medical leave benefits are paid erroneously or as the result of willful misrepresentation or a claim for family leave benefits or medical leave benefits is rejected after benefits are paid, the department may seek repayment of benefits from the recipient. The department shall exercise discretion to waive, in whole or in part, the amount of any such payments if the recovery would be against equity and good conscience. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 2173 — ME Code / Title 26 / Chapter 33 / Section 2173
26 §2173. Labor education
Status: in_force

Each person enrolled in a program under the Maine Workforce Investment System must be provided an informational pamphlet on labor law that explains the person's rights and responsibilities and lists the appropriate agency to contact for additional information. The informational pamphlet must be developed and disseminated to all Maine Workforce Investment System service providers. [PL 2003, c. 114, §24 (AMD).]

1. Content of pamphlet. The pamphlet shall cover such laws as: A. The National Labor Relations Act, Public Law 1935, No. 198, 49 Stat 449; [PL 1989, c. 408, §3 (NEW).] B. The Occupational Safety and Health Act of 1970, Public Law 91-596; [PL 1989, c. 408, §3 (NEW).] C. The Fair Labor Standards Act, Public Law 1938, No. 718, 52 Stat 1060; [RR 2017, c. 2, §10 (COR).] D. The Workers' Compensation Act; [PL 1989, c. 408, §3 (NEW).] E. Unemployment insurance laws; and [PL 1989, c. 408, §3 (NEW).] F. State and federal laws relating to employment discrimination, including sexual harassment. [PL 1989, c. 408, §3 (NEW).] [RR 2017, c. 2, §10 (COR).]

2. Review with providers. To enhance the trainees' knowledge of labor law, the Maine Workforce Investment System service providers shall, when offering prevocational services to program participants, review the content of the informational pamphlet with the program participants, unless the participants have already received this review. [PL 2003, c. 114, §25 (AMD).]

3. Staff training. The direct service staff of the Maine Workforce Investment System service providers must receive training to expand their knowledge of the labor laws contained in the informational pamphlet. [PL 2003, c. 114, §25 (AMD).]
26 M.R.S. § 1403 — ME Code / Title 26 / Chapter 19 / Section 1403
26 §1403. Labor standards for persons required to work as condition of receiving public assistance and affected employees
Status: in_force

1. Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes. A participant who is required to work as a condition of receiving public assistance may not be employed in or assigned to: A. A position that was previously filled by a regular employee when that employee is on layoff from the same or an equivalent position or when the vacancy was created by terminating an employee or otherwise reducing the workforce; [PL 1997, c. 443, §1 (NEW).] B. An established position that is vacant; [PL 1997, c. 443, §1 (NEW).] C. A worksite where there is a labor dispute, including a strike or lockout; or [PL 1997, c. 443, §1 (NEW).] D. A worksite in a manner that violates an existing contract or collective bargaining agreement or infringes on the promotional opportunities for any employees. [PL 1997, c. 443, §1 (NEW).] [PL 2007, c. 539, Pt. N, §56 (AMD).]

2. Grievance procedures. The commissioner, with assistance from the department, shall adopt rules to ensure that: A. Persons required to work as a condition of receiving public assistance have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1 ; and [PL 1997, c. 443, §1 (NEW).] B. Regular employees at a worksite where a person required to work as a condition of receiving public assistance works have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1 . [PL 1997, c. 443, §1 (NEW).] Rules adopted pursuant to this subsection are routine technical rules in accordance with Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 443, §1 (NEW).]

3. Penalty. Employers who do not comply with the requirements of this section may not participate in any work program for individuals required to work as a condition of receiving public assistance. [PL 1997, c. 443, §1 (NEW).]
26 M.R.S. § 846 — ME Code / Title 26 / Chapter 7 / Section 846
26 §846. Effect on existing employee benefits
Status: in_force

1. Benefit accrual. The taking of family medical leave under this subchapter shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. [PL 1987, c. 661 (NEW).]

2. Effect on collective bargaining. Nothing in this subchapter may be construed to affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater family medical leave rights to employees than the rights provided under this subchapter. [PL 1987, c. 661 (NEW).]

3. Rights not diminished. The family medical leave rights mandated by this subchapter may not be diminished by any collective bargaining agreement or by any employee benefit plan. [PL 1987, c. 661 (NEW).]

4. Contract rights. Nothing in this subchapter may be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered by this subchapter. [PL 1987, c. 661 (NEW).]
26 M.R.S. § 629-A — ME Code / Title 26 / Chapter 7 / Section 629-A
26 §629-A. Fringe benefits as wages
Status: in_force

Whenever a person ceases to be employed because of the insolvency of that person's employer, and claims from the employer wages earned but not yet paid to that person, the term "wages earned" includes all fringe benefits earned by the employee that were considered in the employment contract, including plans for retirement, insurance, health care and vacations. [RR 2023, c. 2, Pt. E, §15 (COR).]
26 M.R.S. § 1418-E — ME Code / Title 26 / Chapter 19 / Section 1418-E
26 §1418-E. Mandatory report of blindness
Status: in_force

Whenever, upon examination at a clinic, hospital or other institution, or elsewhere, by a physician, optometrist, institutional superintendent or other qualified person, the visual acuity of a person is found to be with correction 20/200 or less in the better eye, or the peripheral field of the person's vision is found to have contracted to a 20-degree diameter or less, regardless of visual acuity, the person conducting the examination shall, within 30 days, report to the director the result of the examination and that blindness of the person examined has been established. The report may not be made if the person examined so requests. If blindness of the person examined has been established, the division shall inform and advise that person as to services for the blind provided by the division. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 41 — ME Code / Title 26 / Chapter 3 / Section 41
26 §41. Director; personnel; salaries; expenses
Status: in_force

The Bureau of Labor Standards within the Department of Labor, as established and referred to in this Title as the "bureau," is maintained under the direction of an officer whose title is Director of Labor Standards, referred to in this Title, except in chapter 13 , as the "director." The director is appointed by the Commissioner of Labor and holds office at the pleasure of the commissioner. The director has an office at the seat of government. The director shall appoint, subject to the Civil Service Law, such employees as may be necessary. [PL 2017, c. 219, §1 (AMD).]
26 M.R.S. § 979-P — ME Code / Title 26 / Chapter 9-B / Section 979-P
26 §979-P. 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, §2 (NEW).]
26 M.R.S. § 1451 — ME Code / Title 26 / Chapter 20 / Section 1451
26 §1451. Purpose
Status: in_force

A Comprehensive Career, Occupational and Economic Data-based System is established to provide comprehensive career and occupational information required for the coordination and efficient delivery of all employment and training programs in the State. [PL 1987, c. 534, Pt. B, §§ 15, 23 (AMD).]

The Comprehensive Career, Occupational and Economic Data-based System shall consist of 2 components: A planning component for employment and training program planners and administrators; and a career information delivery system component for persons involved in the career decision-making process. [PL 1987, c. 534, Pt. B, §§ 15, 23 (AMD).]
26 M.R.S. § 44 — ME Code / Title 26 / Chapter 3 / Section 44
26 §44. Right of access
Status: in_force

The director, and any authorized agent of the bureau, may enter any workplace as defined in section 1 , provided by the State or by a state agency, county, municipal corporation, school district or other public corporation or political subdivision when the same are open or in operation, for the purpose of gathering facts and statistics under sections 42 to 44 , and may examine the methods of protecting employees from danger, the safety and health of employees and sanitary conditions in and around such buildings and places, and may make a record of such inspection. Upon petition of the director, a Superior Court in the county in which any refusal to permit entry or fact gathering or inspection was alleged to have occurred may order appropriate injunctive relief against any person in charge of the workplace who refuses entry to the director or authorized agent of the bureau. [PL 2017, c. 219, §4 (AMD).]

Each employer subject to this section shall make, keep and preserve, and make available to the director or the director's authorized agent, upon request, such records regarding the employer's activities relating to occupational safety and health as the director may prescribe by rule as necessary or appropriate for the enforcement of section 45 or any rule adopted pursuant to section 565 or for developing information regarding the causes and prevention of occupational accidents, diseases and illnesses. Any information obtained by the director must be obtained with a minimum burden upon employers, especially those employing a small work force. [PL 2013, c. 473, §2 (AMD).]

The bureau shall also issue rules requiring that employers through posting of notices or other appropriate means keep their employees informed of their protections and obligations under this chapter and chapter 6 , including the provisions of applicable standards. [PL 2013, c. 473, §2 (AMD).]
26 M.R.S. § 2131 — ME Code / Title 26 / Chapter 29 / Section 2131
26 §2131. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 326, §1 (NEW).]

1. Apprentice. "Apprentice" has the same meaning as in section 3201, subsection 1 . [PL 2017, c. 326, §1 (NEW).]

2. Department. "Department" means the Department of Labor. [PL 2017, c. 326, §1 (NEW).]

3. Eligible veteran. "Eligible veteran" means: A. A person who currently serves in the United States Armed Forces, the National Guard of any state or the Reserves of the United States Armed Forces and who has obtained health care-related military training or experience; or [PL 2017, c. 326, §1 (NEW).] B. A person who was discharged or released under conditions other than dishonorable and who has completed health care-related military training or experience in the United States Armed Forces, the National Guard of any state or the Reserves of the United States Armed Forces. [PL 2017, c. 326, §1 (NEW).] [PL 2017, c. 326, §1 (NEW).]

4. National certification. "National certification" means a credential from a national organization or national board that evaluates the qualifications and competency of individuals to practice in a specific occupation and includes but is not limited to a credential issued following passage of an examination administered by the organization or board. [PL 2017, c. 326, §1 (NEW).]

5. Program. "Program" means the Health Care Employment for Military Veterans Program established in section 2132 . [PL 2017, c. 326, §1 (NEW).]
26 M.R.S. § 956 — ME Code / Title 26 / Chapter 9 / Section 956
26 §956. Witnesses before arbitrators; fees; compelling attendance
Status: in_force

The arbitrators selected either as prescribed in this subchapter or otherwise, or a majority of them, may summon in writing any person to attend before them, or any of them, as a witness and in a proper case to bring with that person any book, record, document or paper that may be deemed material as evidence in the case. The fees for such attendance must be the same as the fees of witnesses before the Superior Court. The summons must issue in the name of the arbitrator or arbitrators, or a majority of them, and must be signed by the arbitrators, or a majority of them, and must be directed to the person and must be served in the same manner as subpoenas to appear and testify before the Superior Court. If any person or persons so summoned to testify refuse or neglect to obey a summons, upon complaint, any Justice of the Superior Court may compel the attendance of the person or persons before the arbitrator or arbitrators, or punish the person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts of the State. [RR 2023, c. 2, Pt. E, §47 (COR).]
26 M.R.S. § 1418-C — ME Code / Title 26 / Chapter 19 / Section 1418-C
26 §1418-C. Program established; Division for the Blind and Visually Impaired
Status: in_force

The division, as the designated state unit under the federal Rehabilitation Act of 1973, shall administer services related to blind and visually impaired individuals. The division shall provide a program of services for blind persons, including prevention of blindness, locating of blind persons, vocational guidance and training of blind persons, placement of blind persons in employment, assistance to local schools in meeting the special needs of blind students, instruction of adult blind persons in their homes and other social services to blind persons. [PL 2015, c. 141, §16 (AMD).]
26 M.R.S. § 50 — ME Code / Title 26 / Chapter 3 / Section 50
26 §50. Inspections in response to complaint
Status: in_force

An employee or a representative of an employee of the State, a state agency, county, municipal corporation, school district or other public corporation or political subdivision who believes that a violation of an occupational safety or health standard exists that threatens physical harm or that an imminent danger exists may request an inspection by giving notice to the director or the director's authorized agent of the violation or danger. Except in cases of imminent danger, any such notice must be in writing, set forth with reasonable particularity the grounds for the notice and be signed by the employee or the employee's representative, and a copy must be provided to the employer or the employer's agent no later than the time of the inspection, except that, upon the request of the person giving such notice, that person's name and the names of individual employees referred to in the notice may not appear in the copy or upon any record published, released or made available in any other respect. If upon the receipt of such notification, the director or the director's authorized agent determines that there are reasonable grounds to believe that a violation or danger exists, the director or the director's authorized agent shall make a special inspection as soon as practicable to determine if a violation or danger exists. If the director or the director's authorized agent determines that there are no reasonable grounds to believe that a violation or danger exists, the director or the director's authorized agent shall notify the employee or representative of the employee in writing of that determination. [RR 2023, c. 2, Pt. E, §6 (COR).]
26 M.R.S. § 592 — ME Code / Title 26 / Chapter 7 / Section 592
26 §592. Charge by employer prohibited
Status: in_force

No employer may require any employee or accepted applicant for employment to bear the medical expense of an examination when that examination is ordered or required by the employer. No employer may require any employee or accepted applicant for employment to bear the expense of an eye examination ordered or required by the employer that is performed by a person licensed to perform the examinations, except that if an employer orders or requires the eye examination to be performed by a specific type of eye care provider, or specific provider, the employer must pay for the examination only when performed by that specific type of eye care provider or specific provider. An employer may pay for an examination under this section directly or through group health insurance coverage of the employee or may pay in another manner, as long as the employee is not required to bear the expense of that examination, including but not limited to any copayments or other out-of-pocket expenses. Any employer who violates this section commits a civil violation for which a forfeiture not to exceed $50 for each and every violation may be adjudged. It is the duty of the director to enforce this section. Notwithstanding section 591, subsection 2 , for the purposes of this section, the term "employer" includes the State, a county, a municipality, a quasi-municipal corporation or any other public employer. For the purposes of this section, the term "accepted applicant" means an applicant who has been offered a job by the employer. [PL 2013, c. 363, §1 (AMD).]
26 M.R.S. § 672 — ME Code / Title 26 / Chapter 7 / Section 672
26 §672. Unfair contracts
Status: in_force

An employer may not by a special contract with an employee or by any other means be exempted from this subchapter. [RR 2023, c. 2, Pt. E, §25 (COR).]
26 M.R.S. § 1315 — ME Code / Title 26 / Chapter 15 / Section 1315
26 §1315. Cooperation with the United States Department of Labor
Status: in_force

The Bureau of Labor Standards may exchange wage and benefits finding information with the United States Department of Labor when the Secretary of Labor is required to establish the minimum wage and benefits rates as defined in section 1314 . [PL 1997, c. 757, §12 (AMD).]
26 M.R.S. § 812 — ME Code / Title 26 / Chapter 7 / Section 812
26 §812. Right to benefits retained
Status: in_force

1. Benefits accrual. Absence for military training as described in section 811 does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment normally to be anticipated in the employee's particular position. [PL 2001, c. 662, §12 (NEW).]

2. Extension of insurance benefits. Insurance benefits must be extended according to this subsection. A. A public or private employer shall continue, at no additional cost to the member, the existing health, dental and life insurance benefits for at least the first 30 days of the military duty for any member of the National Guard or the Reserves of the United States Armed Forces if the member takes a military leave of absence from a position with that employer, other than a temporary position, in response to state or federal military orders. [PL 2001, c. 662, §12 (NEW).] B. After the expiration of the first 30 days of military leave, the member of the National Guard or the Reserves of the United States Armed Forces has the option of continuing the health, dental and life insurance benefits in effect at the member's own expense by paying the insurance premium at the same rates as paid by the employer. [PL 2001, c. 662, §12 (NEW).] [PL 2001, c. 662, §12 (NEW).]
26 M.R.S. § 1044 — ME Code / Title 26 / Chapter 13 / Section 1044
26 §1044. Protection of rights and benefits
Status: in_force

1. Waiver of rights void; penalty. Any agreement by an individual to waive, release or commute that individual's rights to benefits or any other rights under this chapter is void. Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions, required under this chapter from that employer, is void. An employer may not directly or indirectly make or require or accept any deduction from wages to finance the employer's contributions required from the employer, or require or accept any waiver of any right hereunder by an individual in the employer's employ. An employer or officer or agent of an employer who violates any provision of this subsection is, for each offense, guilty of a Class E crime. [RR 2023, c. 2, Pt. E, §80 (COR).]

2. Limitation of fees; penalty. No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the commission or its representatives or by any court or any officer thereof unless otherwise provided by Title 5, section 8001 et seq. Any individual claiming benefits in any proceeding before the commission or a court may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the commission. In the event a claimant has retained counsel for the purpose of prosecuting an appeal from a decision of the commission, and the final decision of the court results in a reversal, in whole or in part, of the decision appealed from, the fees for the service must be paid by the commissioner from the commissioner's administrative fund. Any person who violates any provision of this subsection shall be guilty of a Class E crime. [RR 2023, c. 2, Pt. E, §81 (COR).]

3. No assignment of benefits; exemptions. Any assignment, pledge or encumbrance of any right to benefits that are or may become due or payable under this chapter is void. Such rights to benefits are exempt from levy, execution, attachment or any other remedy provided for the collection of debt. Benefits received by an individual, as long as they are not mingled with other funds of the recipient, are exempt from any remedy for the collection of all debts except debts incurred for necessaries furnished to the individual or the individual's spouse or dependents during the time when the individual was unemployed. A waiver of any exemption provided for in this subsection is not valid. [RR 2023, c. 2, Pt. E, §82 (COR).]
26 M.R.S. § 585 — ME Code / Title 26 / Chapter 6 / Section 585
26 §585. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 387, §2 (NEW).]

1. Agricultural labor. "Agricultural labor" means agricultural labor as defined in the Employment Security Law, chapter 13 . [PL 1997, c. 387, §2 (NEW).]

2. Owner. An agricultural employer is an "owner" of a housing facility or real property if that employer has a legal or equitable interest in the housing facility or real property. [PL 1997, c. 387, §2 (NEW).]

3. Control. An agricultural employer is in "control" of a housing facility or real property, regardless of the location of that facility, if the employer is in charge of or has the power or authority to oversee, manage, superintend or administer the housing facility or real property either personally or through an authorized agent or employee, irrespective of whether compensation is paid for engaging in any of those capacities. [PL 1997, c. 387, §2 (NEW).]

4. Facility. "Facility" means a structure, trailer or vehicle, or 2 or more contiguous or grouped structures, trailers or vehicles, together with the land appurtenant. [PL 1997, c. 387, §2 (NEW).]
26 M.R.S. § 2024 — ME Code / Title 26 / Chapter 25 / Section 2024
26 §2024. Department goals
Status: in_force

The Commissioner of Labor shall annually forward to the joint standing committee of the Legislature having jurisdiction over labor matters measurable goals showing continued reasonable progress that address enhancement of nontraditional training opportunities for citizens of the State. [PL 1991, c. 807, §2 (NEW).]
26 M.R.S. § 1112 — ME Code / Title 26 / Chapter 13 / Section 1112
26 §1112. Reimbursement of fund
Status: in_force

If any moneys received in the Employment Security Administration Fund after June 30, 1941 are found by the Secretary of Labor because of any action or contingency to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of this chapter, it is the policy of this State that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this State to the Employment Security Administration Fund for expenditure as provided in section 1111 . Upon receipt of notice of such a finding by the Secretary of Labor, the commissioner shall promptly report the amount required for such replacement to the Governor, and the Governor shall at the earliest opportunity submit to the Legislature a request for the appropriation of such amount. This section shall not be construed to relieve this State of its obligation with respect to funds received prior to July 1, 1941, pursuant to Title III of the Social Security Act. [PL 1979, c. 651, §§ 45, 47 (AMD).]
26 M.R.S. § 1413 — ME Code / Title 26 / Chapter 19 / Section 1413
26 §1413. Division for the Deaf, Hard of Hearing and Late Deafened
Status: in_force

There is established the Division for the Deaf, Hard of Hearing and Late Deafened within the Department of Labor, Bureau of Rehabilitation Services. [PL 2009, c. 174, §4 (AMD).]
26 M.R.S. § 856 — ME Code / Title 26 / Chapter 7 / Section 856
26 §856. Penalty
Status: in_force

Any person, partnership, union, agency, firm or corporation or any officer, employee or agent thereof, who or which shall willfully and knowingly violate any provision of this subchapter, for each violation, shall be punished by a fine of not more than $300 for any such offense, or by imprisonment for not more than 180 days, or by both. [PL 1965, c. 189 (NEW).]
26 M.R.S. § 1306-A — ME Code / Title 26 / Chapter 15 / Section 1306-A
26 §1306-A. Assisted project
Status: in_force

1. Wages and benefits. Beginning January 1, 2023, a contractor or subcontractor working on an assisted project shall pay all construction workers working on the assisted project no less than the prevailing rate for wages and benefits, as determined by the bureau as set forth in this chapter. [PL 2021, c. 705, §5 (NEW).]

2. Apprentices. An entity responsible for an assisted project shall take reasonable steps to ensure that all contractors and subcontractors working on an assisted project meet the requirements of this section. A contractor or subcontractor working on an assisted project shall provide proof within 7 days of a request from the Department of Labor that any apprentices employed on the project are in a registered apprenticeship program. For purposes of this subsection, "entity responsible" includes any recipient of assistance for the assisted project and any corporations, joint ventures, partnerships or other persons and their successors or assigns that hire contractors or construction managers to perform work on the assisted project. [PL 2021, c. 705, §5 (NEW).]
26 M.R.S. § 979-M — ME Code / Title 26 / Chapter 9-B / Section 979-M
26 §979-M. Review of arbitration awards
Status: in_force

1. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with Rule 80B of the Maine Rules of Civil Procedure. [PL 1973, c. 774 (NEW).]

2. In the absence of fraud, the binding determination of an arbitration panel or arbitrator shall be final upon all questions of fact. [PL 1973, c. 774 (NEW).]

3. The court may, after consideration, affirm, reverse or modify any such binding determination or decision based upon an erroneous ruling or finding of law. An appeal may be taken to the law court as in any civil action. [PL 1973, c. 774 (NEW).]
26 M.R.S. § 599-A — ME Code / Title 26 / Chapter 7 / Section 599-A
26 §599-A. Noncompete agreements
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Federal poverty level" means the nonfarm income official poverty line for an individual, as defined by the federal Office of Management and Budget and revised annually in accordance with the Omnibus Budget Reconciliation Act of 1981, Section 673(2). [PL 2019, c. 513, §1 (NEW).] B. "Noncompete agreement" means a contract or contract provision that prohibits an employee or prospective employee from working in the same or a similar profession or in a specified geographic area for a certain period of time following termination of employment. [PL 2019, c. 513, §1 (NEW).] [PL 2019, c. 513, §1 (NEW).]

2. Public policy; enforceability of noncompete agreements. Noncompete agreements are contrary to public policy and are enforceable only to the extent that they are reasonable and are no broader than necessary to protect one or more of the following legitimate business interests of the employer: A. The employer's trade secrets, as defined in Title 10, section 1542, subsection 4 ; [PL 2019, c. 513, §1 (NEW).] B. The employer's confidential information that does not qualify as a trade secret; or [PL 2019, c. 513, §1 (NEW).] C. The employer's goodwill. [PL 2019, c. 513, §1 (NEW).] A noncompete agreement may be presumed necessary if the legitimate business interest cannot be adequately protected through an alternative restrictive covenant, including but not limited to a nonsolicitation agreement or a nondisclosure or confidentiality agreement. [PL 2019, c. 513, §1 (NEW).]

3. Prohibited for certain workers. Notwithstanding subsection 2 , an employer may not require or permit an employee to enter into a noncompete agreement with the employer if: A. The employee is earning wages at or below 400% of the federal poverty level; or [PL 2023, c. 118, §1 (NEW).] B. The employee is a veterinarian licensed under Title 32, chapter 71‑A and is employed in a veterinary facility in which the employee does not have an ownership interest. A court may not enforce a noncompete agreement entered into or renewed with an employee who is a veterinarian licensed under Title 32, chapter 71‑A before the effective date of this paragraph unless the employee is working in a veterinary facility in which the employee has an ownership interest. [PL 2023, c. 118, §1 (NEW).] [PL 2023, c. 118, §1 (AMD).]

4. Disclosure; notice. An employer shall disclose prior to an offer of employment with the employer that will require the acceptance of a noncompete agreement a statement that a noncompete agreement will be required. An employer shall notify an employee or prospective employee of a noncompete agreement requirement and provide a copy of the noncompete agreement not less than 3 business days before the employer requires the agreement to be signed to allow time for the employee or prospective employee to review the agreement and negotiate the terms of the agreement or employment with the employer if the employee or prospective employee wishes to do so. [PL 2019, c. 513, §1 (NEW).]

5. Effective date of a noncompete agreement. Except for a noncompete agreement between an employer and an allopathic physician or an osteopathic physician licensed under Title 32, chapter 48 or chapter 36 , respectively, the terms of a noncompete agreement do not take effect until after one year of the employee's employment with the employer or a period of 6 months from the date the agreement was signed, whichever is later. [PL 2019, c. 513, §1 (NEW).]

6. Penalty; enforcement. An employer that violates subsection 3 or 4 commits a civil violation for which a fine of not less than $5,000 may be adjudged. The Department of Labor is responsible for enforcement of this section. [PL 2019, c. 513, §1 (NEW).]

7. Application. This section applies to all noncompete agreements entered into or renewed after the effective date of this section. [PL 2019, c. 513, §1 (NEW).]
26 M.R.S. § 2001 — ME Code / Title 26 / Chapter 25 / Section 2001
26 §2001. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 258, §1 (NEW).]

1. Act. [PL 2003, c. 114, §5 (RP).]

2. Commissioner. "Commissioner" means the Commissioner of Labor. [PL 1983, c. 258, §1 (NEW).]

3. Job Training Partnership Fund. [PL 2003, c. 114, §5 (RP).]

4. Local area and local board. "Local area" and "local board" have the same meanings as provided in the Workforce Innovation and Opportunity Act. [PL 2017, c. 110, §11 (AMD).]

4-A. State workforce development plan. "State workforce development plan" means a state plan under the Workforce Innovation and Opportunity Act. [PL 2019, c. 246, §1 (NEW).]

5. Workforce Innovation and Opportunity Act. "Workforce Innovation and Opportunity Act" means the federal Workforce Innovation and Opportunity Act, Public Law 113-128. [PL 2017, c. 110, §11 (AMD).]
26 M.R.S. § 840 — ME Code / Title 26 / Chapter 7 / Section 840
26 §840. Common-law rights (REALLOCATED FROM TITLE 26, SECTION 830)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 830)

Nothing in this section may be construed to derogate any common-law rights of an employee. [PL 1987, c. 782, §9 (RPR).]
26 M.R.S. § 878 — ME Code / Title 26 / Chapter 7 / Section 878
26 §878. Veteran preference employment policy
Status: in_force

A private employer may have a veteran preference employment policy. The policy must be in writing and must be applied uniformly to employment decisions regarding hiring, promotion or retention during a reduction in workforce. A private employer may require that a veteran submit a DD Form 214 to be eligible for the preference. [PL 2013, c. 576, §4 (NEW).]
26 M.R.S. § 873 — ME Code / Title 26 / Chapter 7 / Section 873
26 §873. Recruitment of qualified workers for logging occupations
Status: in_force

1. Definitions. [PL 2011, c. 620, §2 (RP).]

2. Employer requirements; clearinghouse and reporting. [PL 2011, c. 620, §2 (RP).]

3. Clearinghouse requirements. [PL 2011, c. 620, §2 (RP).]

4. Department role. [PL 2011, c. 620, §2 (RP).]

4-A. Department role. The Maine Department of Labor shall: A. In addition to enforcing federal requirements imposed by 20 Code of Federal Regulations, Part 655, Subpart B, through the Bureau of Employment Services assist members of the forest products industry to ensure logging employment opportunities for Maine workers, match qualified applicants with logging employers and provide such other assistance to logging employers as may be appropriate; [PL 2011, c. 620, §2 (NEW).] B. With input from representatives of the forest industry, provide educational and training opportunities in order for workers who express an interest in the logging industry to obtain necessary skills; and [PL 2011, c. 620, §2 (NEW).] C. In conjunction with the Department of Education and representatives of the forest and logging industries, develop an entry-level logger training program with the goal of providing new qualified workers to the logging industry. The training program must include classroom and on-the-job training and must be provided through existing community colleges, technical schools or the University of Maine System whenever practicable. [PL 2011, c. 620, §2 (NEW).] [PL 2011, c. 620, §2 (NEW).]

5. Job offer; skills test. Upon referral of an applicant by the Maine Department of Labor, Bureau of Employment Services, a logging employer may offer employment to that applicant based on the following factors. A. An employment offer may be conditioned on a skills test, but only if the employer requires the skills test of all new applicants in that job classification. [PL 2009, c. 637, §10 (NEW).] B. If a skills test under paragraph A is required, it must be conducted at the area of intended employment, a central location designated by the logging employer, the employer's place of employment or another location within reasonable distance from the applicant's residence. [PL 2011, c. 620, §2 (AMD).] C. [PL 2011, c. 620, §2 (RP).] D. An applicant who is rejected from employment due to failing a skills test under paragraph A must be given a written statement of the reason for failure of the skills test. The employer shall provide a copy of the written statement to the Maine Department of Labor. [PL 2011, c. 620, §2 (AMD).] [PL 2011, c. 620, §2 (AMD).]

6. Contracts with landowners. A contract for harvesting wood between a logging employer and a landowner must contain a provision that allows the landowner to terminate the contract if the logging employer violates this section or the applicable federal regulations regarding employment of bond workers. [PL 2009, c. 637, §10 (NEW).]

7. Penalties. [PL 2011, c. 620, §2 (RP).]

8. Landowner contracts with employers. [PL 2011, c. 620, §2 (RP).]
26 M.R.S. § 1084 — ME Code / Title 26 / Chapter 13 / Section 1084
26 §1084. Municipal employment service
Status: in_force

1. Authorization. The legislative body of a municipality may authorize its municipal officers or their designee to enter into an agreement, not financed by the State, with the commissioner for the purpose of providing job services or job service facilities, or both. [PL 1995, c. 560, Pt. G, §12 (AMD).]

2. Liability of the State. Notwithstanding any other provision of law or agreement to the contrary, for the purposes of this section, the municipality shall be considered an agent of the State and the municipal officials and employees shall be considered to be acting on behalf of the State in its official capacity. The State shall indemnify, hold harmless and, with the consent of the municipality or its officials or employees, defend the municipality and its officials and employees against any claim which arises out of an act or omission occuring within the course or scope of employment for purposes of performing the duties within the purview of this section. If the defense of the municipality or its officials or employees creates a conflict of interest between the State and the municipality, official or employee, the State need not assume the defense; however, the State shall be liable for reasonable attorney's fees and court costs of the municipality, official or employee. This subsection does not apply if the municipality, official or employee settles the claim without the consent of the State or if the municipality, official or employee does not notify the State within 30 days after receiving actual written notice of the claim against the municipality, official or employee or within 15 days after the service of the summons and complaint upon the municipality, official or employee and if the State is prejudiced by the claim. [RR 2023, c. 2, Pt. E, §87 (COR).]
26 M.R.S. § 64 — ME Code / Title 26 / Chapter 4 / Section 64
26 §64. Coverage
Status: in_force

1. Application of chapter. This chapter applies to all employers, employees and places of employment in the State except employees of the Federal Government. [PL 1985, c. 372, Pt. A, §7 (NEW).]

2. Construction. Nothing in this chapter may be construed to supersede or in any manner affect any workers' compensation law or to enlarge, diminish or affect in any manner common law or statutory rights, duties or liabilities of employers or employees under any law with respect to injuries, diseases or death of employees arising out of and in the course of employment. [PL 1985, c. 372, Pt. A, §7 (NEW).]
26 M.R.S. § 979-N — ME Code / Title 26 / Chapter 9-B / Section 979-N
26 §979-N. Separability
Status: in_force

1. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that this chapter would have been adopted had such invalid provisions not been included. [PL 1973, c. 774 (NEW).]

2. Nothing in this chapter or any contract negotiated pursuant to this chapter shall in any way be interpreted or allowed to restrict or impair the eligibility of the State of Maine or any of its agencies in obtaining the benefits under any federal grant in aid or assistance programs. [PL 1973, c. 774 (NEW).]
26 M.R.S. § 588 — ME Code / Title 26 / Chapter 6 / Section 588
26 §588. Penalties and enforcement
Status: in_force

Actions to enforce this subchapter may be brought in accordance with this section. [PL 1997, c. 387, §2 (NEW).]

1. Civil violation. An employer who violates this subchapter or the rules adopted under this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $1,000 for each violation, payable to the State, may be adjudged. Each day that the violation remains uncorrected following notice to the employer may be counted as a separate offense. The bureau may direct an employer to correct any violations in a manner and within a time frame that the bureau determines appropriate to ensure compliance with the rules or to protect the public health. Failure to correct violations within a time frame established by the bureau constitutes a separate finable offense. In the event of any violation of this subchapter, the Attorney General may seek to enjoin further violation, in addition to any other remedy. [PL 1997, c. 387, §2 (NEW).]

2. Private right of action. A civil action may be brought against an employer of agricultural labor by any person aggrieved by a violation of this chapter or rules adopted under this subchapter. If the court finds that the employer violated this subchapter or a rule adopted under this subchapter, it may award damages of not less than $100 nor more than $500 per plaintiff per violation, except that multiple infractions of a single rule under this subchapter constitute only one violation for the purposes of determining the amount of damages due a single plaintiff. In determining the amount of damages to be awarded, the court is authorized to consider whether an attempt was made to resolve the issues in dispute before resort to litigation. [PL 1997, c. 387, §2 (NEW).]
26 M.R.S. § 939 — ME Code / Title 26 / Chapter 9 / Section 939
26 §939. Proceedings confidential
Status: in_force

Any information disclosed by either party to a dispute to the board or any of its members in carrying out this subchapter shall be confidential, except as may be provided otherwise in this subchapter. [PL 1985, c. 294, §§2 and 3 (NEW).]
26 M.R.S. § 1411 — ME Code / Title 26 / Chapter 19 / Section 1411
26 §1411. Short title
Status: in_force

This article may be known and cited as the "Rehabilitation Act." [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 1033 — ME Code / Title 26 / Chapter 12 / Section 1033
26 §1033. Review of arbitration awards
Status: in_force

1. Court review. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with the Maine Rules of Civil Procedure, Rule 80B. [PL 1979, c. 541, Pt. A, §174 (AMD).]

2. Determination final on questions of fact. In the absence of fraud, the binding determination of an arbitration panel or arbitrator shall be final upon all questions of fact. [PL 1975, c. 603, §1 (NEW).]

3. Power of reviewing court. The court may, after consideration, affirm, reverse or modify any such binding determination or decision based upon an erroneous ruling or finding of law. An appeal may be taken to the law court as in any civil action. [PL 1975, c. 603, §1 (NEW).]
26 M.R.S. § 839 — ME Code / Title 26 / Chapter 7 / Section 839
26 §839. Notices of employee protections and obligations (REALLOCATED FROM TITLE 26, SECTION 829)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 829)

1. Notice provided; posting. The Department of Labor shall provide each employer in the State with a notice as provided in this section. Each employer shall prominently post the notice in the employer's place of business so that the employees are informed of their protections and obligations under this subchapter. [PL 1987, c. 782, §8 (NEW).]

2. Contents of notice. The notice provided by the department shall include: A. A summary of this subchapter written in concise and plain language; [PL 1987, c. 782, §8 (NEW).] B. A telephone number at the department that employees may call if they have questions or wish to report a violation, condition or practice; and [PL 1987, c. 782, §8 (NEW).] C. A space where the employer shall write in the name of the individual or department to which employees may report violations, unsafe conditions or practices as required by section 833 . [PL 1987, c. 782, §8 (NEW).] [PL 1987, c. 782, §8 (NEW).]
26 M.R.S. § 1314 — ME Code / Title 26 / Chapter 15 / Section 1314
26 §1314. Exceptions
Status: in_force

1. Certain federal funds. Whenever a public works construction is built in whole or in part using federal funds and is under the jurisdiction of the federal Davis-Bacon Act or other federal act that requires the United States Secretary of Labor to establish the minimum wage and benefits and those minimum wages and benefits are established by the United States Secretary of Labor, sections 1304 to 1313 do not apply. [PL 2021, c. 705, §9 (NEW).]

2. Exceptions for registered apprenticeship programs. A contractor or subcontractor working on a public works project or assisted project subject to this chapter may hire a worker at the rate recognized for registered apprentices working in the pertinent classification only if the worker is a participant in a registered apprenticeship program. For purposes of this subsection, "registered apprenticeship program" means a program that is registered pursuant to 29 Code of Federal Regulations, Section 29.3 (2016) with the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship or a state apprenticeship agency recognized by the Office of Apprenticeship. [PL 2021, c. 705, §9 (NEW).]
26 M.R.S. § 1296 — ME Code / Title 26 / Chapter 14 / Section 1296
26 §1296. Obligations during interim between contracts
Status: in_force

During the interim after the expiration of a collective bargaining agreement and before the effective date of any subsequent collective bargaining agreement, judicial employees covered by the expired collective bargaining agreement remain eligible for and must receive merit or step increases in accordance with the terms and conditions set forth in the expired collective bargaining agreement. [PL 2021, c. 282, §3 (NEW).]
26 M.R.S. § 618 — ME Code / Title 26 / Chapter 7 / Section 618
26 §618. Workplace policies
Status: in_force

This subchapter does not limit an employer's right to promulgate and maintain lawful workplace policies governing the use of the employer's electronic equipment, including a requirement that an employee disclose to the employer the employee's user name, password or other information necessary to access employer-issued electronic devices, including but not limited to cellular telephones and computers, or to access employer-provided software or e-mail accounts. [PL 2015, c. 343, Pt. B, §1 (NEW).]
26 M.R.S. § 979-I — ME Code / Title 26 / Chapter 9-B / Section 979-I
26 §979-I. Hearings
Status: in_force

1. 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 1973, c. 774 (NEW).]

2. Subpoena power. 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, §66 (COR).]
26 M.R.S. § 3202 — ME Code / Title 26 / Chapter 37 / Section 3202
26 §3202. Maine Apprenticeship Program; eligibility and registration procedure
Status: in_force

The Maine Apprenticeship Program is established for the purposes of registration and oversight of apprenticeship programs in the State. The Maine Apprenticeship Program is administered by the department, which is the state apprenticeship agency and registration agency for the purposes of 29 Code of Federal Regulations, Parts 29 and 30. [PL 2011, c. 491, §13 (NEW).]

1. Registration; eligibility. A sponsor may apply with the Maine Apprenticeship Program for review and approval of an apprenticeship program or apprenticeship agreement. To be eligible for registration, the apprenticeship program or apprenticeship agreement must meet the requirements of this chapter, must involve training in an apprenticeable occupation and must comply with state and federal law regarding equal employment opportunity in apprenticeship and training. An apprenticeship program is registered upon its acceptance and recording by the Maine Apprenticeship Program as meeting the basic standards and requirements for approval of such a program for federal purposes, as evidenced by a certificate of registration or other written indicia. An apprenticeship agreement is registered upon its acceptance and recording by the Maine Apprenticeship Program as evidence of an apprentice's participation in a particular registered apprenticeship program. [PL 2011, c. 491, §13 (NEW).]

2. Apprentices registered. Except as provided under subsection 3 , apprentices must be individually registered under a registered sponsor and in a registered apprenticeship program. Such individual registration may be effected by filing copies of each individual apprenticeship agreement with the Maine Apprenticeship Program. [PL 2011, c. 491, §13 (NEW).]

3. Probationary employment. A sponsor shall submit the name of a person in a period of probationary employment under section 3203, subsection 1, paragraph H as an apprentice under a registered apprenticeship program within 45 days of employment to the Maine Apprenticeship Program for certification and to establish the apprentice in probationary status. [PL 2011, c. 491, §13 (NEW).]

4. Certificate. If the Maine Apprenticeship Program approves an apprenticeship program, it shall register that apprenticeship program and issue a sponsor approval certificate. [PL 2011, c. 491, §13 (NEW).]

5. Review. The Maine Apprenticeship Program shall review an application for registration of an apprenticeship program. An apprenticeship program that meets the standards for registration must be given provisional registration for a period of one year. The Maine Apprenticeship Program shall review an apprenticeship program for quality and conformity with the requirements of this chapter at the end of the first year after registration. A program that conforms to the requirements may have its registration be made permanent or may continue to be provisionally registered through the first full training cycle. An apprenticeship program that is not in operation or does not conform to the requirements must be deregistered pursuant to section 3206 . The Maine Apprenticeship Program shall review a provisionally registered apprenticeship program for quality and conformity with the requirements of this chapter at the end of the first full training cycle. If the provisionally registered apprenticeship program receives a satisfactory review, the Maine Apprenticeship Program shall convert the provisional registration to permanent registration. Subsequent reviews must be conducted no less frequently than every 5 years. An apprenticeship program that is not in operation or does not conform to the requirements must be deregistered pursuant to section 3206 . [PL 2011, c. 491, §13 (NEW).]

6. Change of program. A sponsor may not make a change to a registered apprenticeship program unless the change is approved by the Maine Apprenticeship Program. To make a change to a registered apprenticeship program, a sponsor must submit a request to the Maine Apprenticeship Program. The Maine Apprenticeship Program shall approve or disapprove the requested change within 90 days from receipt of the request. If approved, the change must be recorded and acknowledged by the Maine Apprenticeship Program within 90 days of approval. If not approved, the Maine Apprenticeship Program shall notify the sponsor of the disapproval and the reason for the disapproval and provide the appropriate technical assistance. [PL 2011, c. 491, §13 (NEW).]

7. Union participation. An apprenticeship program may be proposed for registration by an employer or group of employers or an employers association. An employer or employers association with respect to which there exists a standard or a collective bargaining agreement or other instrument that provides for participation by a union in any aspect of the operation of the substantive matters of an apprenticeship program must, if such participation is exercised, include in the apprenticeship program proposed for registration written acknowledgment of union agreement or no objection to the registration. If such participation is not so provided for or practiced, the employer or employers association must simultaneously furnish to an existing union, if any, that is the collective bargaining agent of the employees to be trained a copy of its application for registration and of the apprenticeship program. The registration agency shall provide for receipt of union comments within 45 days before final action on the application for registration. [RR 2011, c. 2, §32 (COR).]
26 M.R.S. § 7 — ME Code / Title 26 / Chapter 1 / Section 7
26 §7. Appeals
Status: in_force

Any order by a board created and established under this Title, or any rule, regulation, determination or declaration formulated by the board or by the Director of the Bureau of Labor Standards is subject to review by the Superior Court, pursuant to Title 5, section 8058 or section 11001 et seq. [RR 1995, c. 2, §58 (COR).]
26 M.R.S. § 682 — ME Code / Title 26 / Chapter 7 / Section 682
26 §682. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

1. Applicant. "Applicant" means any person seeking employment from an employer. "Applicant" includes any person using an employment agency's services. [PL 2017, c. 407, Pt. A, §106 (AMD).]

2. Employee. "Employee" means a person who is permitted, required or directed by any employer to engage in any employment for consideration of direct gain or profit. A person separated from employment while receiving a mandated benefit, including but not limited to workers' compensation, unemployment compensation and family medical leave, is an employee for the period the person receives the benefit and for a minimum of 30 days beyond the termination of the benefit. A person separated from employment while receiving a nonmandated benefit is an employee for a minimum of 30 days beyond the separation. A. A full-time employee is an employee who customarily works 30 hours or more each week. [PL 1995, c. 324, §3 (NEW).] [PL 1995, c. 324, §3 (AMD).]

3. Employer. "Employer" means any person, partnership, corporation, association or other legal entity, public or private, that employs one or more employees. "Employer" also includes an employment agency. [PL 2017, c. 407, Pt. A, §106 (AMD).]

3-A. Medically disqualified. "Medically disqualified" means that an employee is prohibited by a federal law or regulation, or any rules adopted by the State's Department of Public Safety that incorporate any federal laws or regulations related to substance use testing for motor carriers, from continuing in the employee's former employment position due to the result of a substance use test conducted under the federal law or regulation or the Department of Public Safety rule. [PL 2017, c. 407, Pt. A, §106 (AMD).]

4. Negative test result. "Negative test result" means a test result that indicates that: A. A substance is not present in the tested sample; or [PL 2017, c. 407, Pt. A, §106 (AMD).] B. A substance is present in the tested sample in a concentration below the cutoff level. [PL 2017, c. 407, Pt. A, §106 (AMD).] [PL 2017, c. 407, Pt. A, §106 (AMD).]

5. Positive test result. "Positive test result" means a test result that indicates the presence of a substance in the tested sample above the cutoff level of the test. A. "Confirmed positive result" means a confirmation test result that indicates the presence of a substance above the cutoff level in the tested sample. [PL 2017, c. 407, Pt. A, §106 (AMD).] [PL 2017, c. 407, Pt. A, §106 (AMD).]

6. Probable cause. "Probable cause" means a reasonable ground for belief in the existence of facts that induce a person to believe that an employee may be under the influence of a substance, provided that the existence of probable cause may not be based exclusively on any of the following: A. Information received from an anonymous informant; [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. Any information tending to indicate that an employee may have possessed or used a substance off duty, except when the employee is observed possessing or ingesting any substance either while on the employer's premises or in the proximity of the employer's premises during or immediately before the employee's working hours; or [PL 2017, c. 407, Pt. A, §106 (AMD).] C. A single work-related accident. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] [PL 2017, c. 407, Pt. A, §106 (AMD).]

7. Substance use test. "Substance use test" means any test procedure designed to take and analyze body fluids or materials from the body for the purpose of detecting the presence of substances. "Substance use test" does not include tests designed to determine blood-alcohol concentration levels from a sample of an individual's breath. A. "Screening test" means an initial substance use test performed through the use of immunoassay technology or a federally recognized substance use test, or a test technology of similar or greater accuracy and reliability approved by the Department of Health and Human Services under rules adopted under section 687 , and that is used as a preliminary step in detecting the presence of substances. (1) A screening test of an applicant's urine or saliva may be performed at the point of collection through the use of a noninstrumented point of collection test device approved by the federal Food and Drug Administration. Section 683, subsection 5‑A governs the use of such tests. [PL 2017, c. 407, Pt. A, §106 (AMD).] B. "Confirmation test" means a 2nd substance use test that is used to verify the presence of a substance indicated by an initial positive screening test result and is a federally recognized substance use test or is performed through the use of liquid or gas chromatography-mass spectrometry. [PL 2017, c. 407, Pt. A, §106 (AMD).] C. "Federally recognized substance use test" means any substance use test recognized by the federal Food and Drug Administration as accurate and reliable through the administration's clearance or approval process. [PL 2017, c. 407, Pt. A, §106 (AMD).] [PL 2017, c. 407, Pt. A, §106 (AMD).]

8. Substance. "Substance" means any scheduled drug, alcohol or other drug, or any of their metabolites. A. "Alcohol" has the same meaning as found in Title 28‑A, section 2, subsection 2 . [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. "Drug" has the same meaning as found in Title 32, section 13702‑A, subsection 11 . [PL 2007, c. 695, Pt. B, §5 (AMD).] C. "Scheduled drug" has the same meaning as found in Title 17‑A, section 1101, subsection 11 . [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] [PL 2017, c. 407, Pt. A, §106 (AMD).]
26 M.R.S. § 628 — ME Code / Title 26 / Chapter 7 / Section 628
26 §628. Equal pay
Status: in_force

This section may be known and cited as "the Maine Equal Pay Law." [PL 2023, c. 266, §1 (NEW).]

An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. An employer may not discriminate between employees in the same establishment on the basis of race by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of another race for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. Differentials that are paid pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of sex or race are not within the prohibitions in this section. An employer may not discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this section. An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about or disclosing another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Nothing in this section creates an obligation to disclose wages. [PL 2023, c. 266, §1 (AMD).]

The Department of Labor shall annually report to the joint standing committee of the Legislature having jurisdiction over labor matters on progress made in the State to comply with this section. The report must be issued annually on Equal Pay Day as designated pursuant to Title 1, section 145 . [PL 2003, c. 688, Pt. B, §7 (AMD).]
26 M.R.S. § 852 — ME Code / Title 26 / Chapter 7 / Section 852
26 §852. Employment of replacements prohibited
Status: in_force

A person, partnership, union, agency, firm or corporation or officer, employee or agent thereof may not recruit, procure, supply or refer any person for employment who customarily and repeatedly offers to accept employment in place of any employee involved in a labor, strike or lockout in which that person, partnership, union, agency, firm or corporation is not directly involved. [RR 2023, c. 2, Pt. E, §34 (COR).]
26 M.R.S. § 1050 — ME Code / Title 26 / Chapter 13 / Section 1050
26 §1050. Constitutionality
Status: repealed

If at any time the provisions of this chapter requiring the payment of contributions and benefits have been held invalid under the Constitution of Maine by the Supreme Judicial Court of this State or under the United States Constitution by the Supreme Court of the United States in such manner that any person or concern required to pay contributions under this chapter might secure a similar decision, or that the tax imposed by Title IX of the federal Social Security Act, as amended, or any other federal tax against which contributions under this chapter may be credited has been amended or repealed by Congress or has been held unconstitutional by the Supreme Court of the United States, with the result that no portion of the contributions required by this chapter may be credited against such federal tax, the Governor shall forthwith publicly so proclaim and upon the date of such proclamation the provisions of this chapter requiring the payment of contributions and benefits must be suspended. The commissioner shall thereupon requisition from the Unemployment Trust Fund all moneys therein standing to the commissioner's credit and shall direct the Treasurer of State to deposit such moneys, together with any other moneys in the fund, as a special fund in any banks or public depositories in this State in which general funds of the State may be deposited, and to hold such moneys for such disposition as the Legislature may prescribe. The commissioner shall thereupon refund, as the Legislature may prescribe, without interest and in accordance with rules prescribed by the commissioner, to each person or concern by whom contributions have been paid, their pro rata share of the total contributions paid under this chapter. Any interest or earnings of the fund must be available to the commissioner to pay for the costs of making such refunds. When the commissioner has executed the duties prescribed and performed such other acts as are incidental to the termination of the commissioner's duties under this chapter, the Governor shall by proclamation declare that this chapter ceases to be operative. [PL 2021, c. 456, §5 (AMD).]
26 M.R.S. § 779 — ME Code / Title 26 / Chapter 7 / Section 779
26 §779. Record of age received as evidence
Status: in_force

Any record of age, as provided under section 775 to determine whether or not a work permit may be issued to any child, shall be received as evidence of the age of such child in any prosecution under this subchapter.
26 M.R.S. § 565 — ME Code / Title 26 / Chapter 6 / Section 565
26 §565. Powers and duties of board
Status: in_force

The board shall formulate and adopt reasonable rules, pursuant to Title 5, chapter 375, subchapter 2 , for safe and healthful working conditions, including rules requiring the use of personal protective equipment, monitoring and record keeping. The rules must at a minimum conform to federal standards of occupational safety and health so that the state program can be federally approved as a public employee only occupational safety and health program. [PL 2021, c. 103, §1 (AMD).]
26 M.R.S. § 1418-I — ME Code / Title 26 / Chapter 19 / Section 1418-I
26 §1418-I. Construction; remodeling; planning for vending facility
Status: in_force

To carry out the purposes of this article, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, the agency directing that construction, remodeling, leasing, acquisition or improvement shall, when the size of the building or property warrants, make available suitable space and facilities for vending facilities to be operated in the building or property by blind persons. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 784 — ME Code / Title 26 / Chapter 7 / Section 784
26 §784. -- certification of false statements
Status: in_force

Whoever, being authorized to sign the work permit, or whoever, signing any certified copy of a town clerk's record of birth, or certified copy of a child's baptismal record or a physician's certificate, knowingly certifies to any false statement therein shall be punished by a fine of not less than $25 nor more than $50, for each offense.
26 M.R.S. § 2075 — ME Code / Title 26 / Chapter 27 / Section 2075
26 §2075. New career training assistance
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Expenses" means actual expenses paid for room, board, tuition fees or educational material. [PL 1987, c. 327 (NEW).] B. "Qualified institution" means any educational institution accredited for payment by the Veterans' Administration under the United States Code, Title 38, Chapter 36, or state-accredited institution which has been in existence for not less than 2 years. [PL 1987, c. 327 (NEW).] [PL 1987, c. 327 (NEW).]

2. Entitlement. Any employee qualifying under section 2072, subsection 2 , who applies for, but is unable to secure, a subordinate official or nonmanagement position in the staffing of the new rail operation, shall be entitled to receive, from the lessor, assignor or former owner, expenses for training in qualified institutions for new career opportunities. [PL 1987, c. 327 (NEW).]

3. Training to begin within 2 years. To be entitled for assistance under this Act, an employee must begin a course of training within 2 years following the separation from railroad employment as a result of acquisition of a railroad described in section 2072. [RR 2023, c. 2, Pt. E, §135 (COR).]

4. Benefit amounts. Affected employees shall be entitled to the following benefits for retraining according to their years of service on the affected railroad: A. 0 - 5 years of service............up to $3,000; [PL 1987, c. 327 (NEW).] B. 5 - 10 years of service...........up to $6,000; [PL 1987, c. 327 (NEW).] C. 10 - 15 years of service..........up to $9,000; [PL 1987, c. 327 (NEW).] D. 15 - 20 years of service.....up to $12,000; and [PL 1987, c. 327 (NEW).] E. 20 years of service and over.....up to $15,000. [PL 1987, c. 327 (NEW).] [PL 1987, c. 327 (NEW).]
26 M.R.S. § 833 — ME Code / Title 26 / Chapter 7 / Section 833
26 §833. Discrimination against certain employees prohibited (REALLOCATED FROM TITLE 26, SECTION 823)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 823)

1. Discrimination prohibited. No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because: A. The employee, acting in good faith, or a person acting on behalf of the employee, reports orally or in writing to the employer or a public body what the employee has reasonable cause to believe is a violation of a law or rule adopted under the laws of this State, a political subdivision of this State or the United States; [PL 1987, c. 782, §4 (NEW).] B. The employee, acting in good faith, or a person acting on behalf of the employee, reports to the employer or a public body, orally or in writing, what the employee has reasonable cause to believe is a condition or practice that would put at risk the health or safety of that employee or any other individual. The protection from discrimination provided in this section specifically includes school personnel who report safety concerns to school officials with regard to a violent or disruptive student; [PL 1999, c. 351, §7 (AMD).] C. The employee is requested to participate in an investigation, hearing or inquiry held by that public body, or in a court action; [PL 2003, c. 306, §1 (AMD).] D. The employee acting in good faith has refused to carry out a directive to engage in activity that would be a violation of a law or rule adopted under the laws of this State, a political subdivision of this State or the United States or that would expose the employee or any individual to a condition that would result in serious injury or death, after having sought and been unable to obtain a correction of the illegal activity or dangerous condition from the employer; or [PL 2003, c. 688, Pt. A, §27 (RPR).] E. The employee, acting in good faith and consistent with state and federal privacy laws, reports to the employer, to the patient involved or to the appropriate licensing, regulating or credentialing authority, orally or in writing, what the employee has reasonable cause to believe is an act or omission that constitutes a deviation from the applicable standard of care for a patient by an employer charged with the care of that patient. For purposes of this paragraph, "employer" means a health care provider, health care practitioner or health care entity as defined in Title 24, section 2502 . [PL 2003, c. 306, §2 (NEW).] [PL 2003, c. 688, Pt. A, §27 (AMD).]

2. Initial report to employer required; exception. Subsection 1 does not apply to an employee who has reported or caused to be reported a violation, or unsafe condition or practice to a public body, unless the employee has first brought the alleged violation, condition or practice to the attention of a person having supervisory authority with the employer and has allowed the employer a reasonable opportunity to correct that violation, condition or practice. Prior notice to an employer is not required if the employee has specific reason to believe that reports to the employer will not result in promptly correcting the violation, condition or practice. [PL 1987, c. 782, §4 (NEW).]

3. Reports of suspected abuse. An employee required to report suspected abuse, neglect or exploitation under Title 22, section 3477 or 4011‑A , shall follow the requirements of those sections under those circumstances. No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee followed the requirements of those sections. [PL 2001, c. 345, §7 (AMD).]
26 M.R.S. § 600-A — ME Code / Title 26 / Chapter 7 / Section 600-A
26 §600-A. Criminal history record information; employment application
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Criminal history record information" has the same meaning as in Title 16, section 703, subsection 3 . [PL 2021, c. 404, §1 (NEW).] B. "Employer" means a person in this State who employs individuals. "Employer" includes municipalities and political subdivisions of the State, but does not include an employer of an individual who holds a position in the legislative, executive or judicial branch of State Government or a position with a quasi-independent state entity or public instrumentality of the State. "Employer" includes a person acting in the interest of an employer directly or indirectly. [PL 2021, c. 404, §1 (NEW).] [PL 2021, c. 404, §1 (NEW).]

2. Initial employee application form. Except as provided in subsection 4 , an employer may not: A. Request criminal history record information on the employer's initial employee application form; or [PL 2021, c. 404, §1 (NEW).] B. State on an initial employee application form or advertisement or specify prior to determining a person is otherwise qualified for the position that a person with a criminal history may not apply or will not be considered for a position. [PL 2021, c. 404, §1 (NEW).] [PL 2021, c. 404, §1 (NEW).]

3. Interviews. An employer may inquire about a prospective employee's criminal history record information during an interview or once the prospective employee has been determined otherwise qualified for the position. An employer that inquires about a prospective employee's criminal history record information shall afford to the prospective employee the opportunity to explain the information and the circumstances regarding any convictions, including post-conviction rehabilitation. [PL 2021, c. 404, §1 (NEW).]

4. Exceptions for initial employee application form. An employer may inquire about criminal convictions on an initial employee application form or state on an initial employee application form or advertisement or otherwise assert that a person with a criminal history may not apply or will not be considered for a position if: A. The position is one for which a federal or state law or regulation or rule creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the disqualification; or [PL 2021, c. 404, §1 (NEW).] B. The employer is subject to an obligation imposed by a federal or state law or regulation or rule not to employ in a position a person who has been convicted of one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the obligation. [PL 2021, c. 404, §1 (NEW).] [PL 2021, c. 404, §1 (NEW).]

5. Penalty. This section must be enforced pursuant to section 626‑A . [PL 2021, c. 404, §1 (NEW).]
26 M.R.S. § 1083 — ME Code / Title 26 / Chapter 13 / Section 1083
26 §1083. Employment service
Status: in_force

1. State employment service. The commissioner shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such duties as are within the purview of the "Wagner-Peyser Act." It shall be the duty of the commissioner to cooperate with any official or agency of the United States having powers or duties under the said Act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the said Act of Congress, as amended, in the promotion and maintenance of a system of public employment offices. The provisions of the said Act of Congress, as amended, are accepted by this State, in conformity with section 4 of said Act, and this State will observe and comply with the requirements thereof. The Department of Labor is designated and constituted the agency of this State for the purpose of this Act. The commissioner may cooperate with or enter into agreements with the Railroad Retirement Board with respect to the establishment, maintenance and use of free employment service facilities. [PL 1981, c. 168, §17 (AMD).]

2. Financing. All funds received by this State under the federal Wagner-Peyser Act, as amended, must be paid into an employment services fund and the funds made available to the commissioner to be expended as provided by this section and by that Act of Congress. For the purpose of establishing and maintaining free public employment offices, the commissioner is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of an unemployment compensation law or employment security law, with any political subdivision of this State or with any private, nonprofit organization, and as a part of any such agreement the commissioner may accept funds, services or quarters as a contribution to an employment services fund. [PL 2013, c. 467, §3 (AMD).]

3. Services to students. The commissioner shall include in each annual plan of service a program for service to students in Maine public secondary schools. Such plan shall give priority of service to all public high school students, particularly those who do not have definite post-graduation plans for employment or further education. The service may provide to such students testing where appropriate, counseling concerning their ability and the availability of jobs, and any other services of the Employment Service which will assist them to obtain and retain suitable employment or further education, including services of the Job Bank. Nothing in this subsection shall be construed as requiring the commissioner to submit an annual plan of service which would be out of compliance with Federal statutes or regulations governing this plan, or the programs or budgets conducted thereunder. [PL 1975, c. 688 (NEW).]
26 M.R.S. § 601 — ME Code / Title 26 / Chapter 7 / Section 601
26 §601. Rest breaks
Status: in_force

In the absence of a collective bargaining agreement or other written employer-employee agreement providing otherwise, an employee, as defined in section 663 , may be employed or permitted to work for no more than 6 consecutive hours at one time unless the employee is given the opportunity to take at least 30 consecutive minutes of rest time, except in cases of emergency in which there is danger to property, life, public safety or public health. This rest time may be used by the employee as unpaid mealtime, but only if the employee is completely relieved of duty. [PL 2017, c. 219, §7 (AMD).]

1. Small business. This section does not apply to any place of employment where: A. Fewer than 3 employees are on duty at any one time; and [PL 1985, c. 212 (NEW).] B. The nature of the work done by the employee allows the employee frequent paid breaks of a shorter duration during the employee's work day. [PL 2017, c. 219, §7 (AMD).] [PL 2017, c. 219, §7 (AMD).]
26 M.R.S. § 2 — ME Code / Title 26 / Chapter 1 / Section 2
26 §2. Reports of deaths and injuries
Status: in_force

1. Reports of deaths. The person in charge of any workplace as defined in section 1 provided by the State, a state agency, a county, a municipal corporation, a school district or other public corporation or political subdivision shall, within 8 hours after the occurrence, report the death of any person in the workplace or on the premises to the Director of the Bureau of Labor Standards, or the director's designee, by telephone or electronically, stating as fully as possible the cause of the death and the place where the deceased person has been sent and supplying other information relative to the death that may be required by the director who may investigate the causes of the death and require such precautions to be taken as will prevent the recurrence of similar events. A statement contained in any such report is not admissible in evidence in any action arising out of the death reported. [PL 2015, c. 138, §1 (AMD).]

2. Reports of serious physical injuries. The person in charge of any workplace as defined in section 1 provided by the State, a state agency, a county, a municipal corporation, a school district or other public corporation or political subdivision shall, within 24 hours after the occurrence, report all serious physical injuries requiring immediate hospitalization sustained by any person in the workplace or on the premises to the Director of the Bureau of Labor Standards, or the director's designee, by telephone or electronically, stating as fully as possible the extent and cause of the injury and the place where the injured person has been sent and supplying other information relative to the injury that may be required by the director who may investigate the causes of the injury and require such precautions to be taken as will prevent the recurrence of similar events. A statement contained in any such report is not admissible in evidence in any action arising out of the accident reported. [PL 2015, c. 138, §1 (AMD).]

3. Serious physical injuries defined. "Serious physical injuries," as used in this section, means an incident that results in an amputation, loss or fracture of any body part or that necessitates immediate hospitalization or formal admission to the inpatient service of a hospital or clinic for care or treatment. [PL 2015, c. 138, §1 (AMD).]
26 M.R.S. § 653 — ME Code / Title 26 / Chapter 7 / Section 653
26 §653. Records; retention, examination, copies
Status: in_force

An employer subject to this subchapter shall keep a true and accurate record of the hours worked by each employee and of the wages paid, such records to be preserved by the employer for a period of at least 3 years, and shall furnish to each employee with each payment of wages a statement that clearly shows the date of the pay period, the hours, total earnings and itemized deductions. An employer making payment by direct deposit or other means of electronic transfer shall provide each employee with an accurate record of the transfer, including the date of the pay period, the hours, total earnings and itemized deductions, when the transfer is made. If the record is provided in an electronic format, the employer shall provide a method by which the employee may have ready access to the information and print it without cost to the employee. The director or the director's authorized representative may, and upon written complaint shall, enter the place of business or employment of an employer or employee for the purpose of examining and inspecting such records and copy any such records as the director or the director's authorized representative determines necessary or appropriate. All information received is considered confidential and may not be divulged to any other person or agency, except as may be necessary for the enforcement of this subchapter. [PL 2025, c. 232, §1 (NEW).]
26 M.R.S. § 2164 — ME Code / Title 26 / Chapter 32 / Section 2164
26 §2164. Training for activities coordinators
Status: in_force

Under the program, training for activities coordinators in long-term care facilities must be as follows. [PL 1993, c. 306, §5 (AMD).]

1. Job training services. Job training services, which are provided under the state job training system, must be coordinated by the Department of Labor and the Department of Health and Human Services job training programs. These services may include, but are not limited to, outreach, recruitment, orientation, selection, preoccupational training, supportive services and needs-based stipends. [PL 1991, c. 405 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Skill training. Skill training must be provided by qualified training providers such as the State's community colleges to qualified participants who are either entering the field or are employed health care workers who want to upgrade their skills. Participants may be referred by the state job training system. [PL 1993, c. 306, §5 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

3. Certification. Participants who complete training under this section with a 180-hour curriculum approved by the Department of Health and Human Services to include both theoretical and practical training receive a statewide certificate granted by the Department of Health and Human Services. This certificate or a certificate issued under subsection 4 is required for employment as an activities coordinator in this State after December 31, 1993, except that a person employed as an activities coordinator on October 9, 1991 who has completed a training program approved by the Department of Health and Human Services is not required to obtain a certificate under this section. [PL 2013, c. 179, §10 (AMD).]

4. Reciprocity. Certification may also be issued to candidates who can document completion of comparable training and experience in accordance with rules adopted by the Commissioner of Health and Human Services after consultation with the activities coordinator board of a state health care association. [PL 2009, c. 628, §2 (AMD).]
26 M.R.S. § 979-K — ME Code / Title 26 / Chapter 9-B / Section 979-K
26 §979-K. Grievance arbitration
Status: in_force

An agreement between a bargaining agent and the public employer may provide for binding arbitration as the final step of a grievance procedure, provided that any such grievance procedure shall be exclusive and shall supersede any otherwise applicable grievance procedure provided by law. If no such provision is contained in the collective bargaining agreement, the parties shall submit their differences for resolution by the State Civil Service Appeals Board. [PL 1985, c. 785, Pt. B, §118 (AMD).]
26 M.R.S. § 603 — ME Code / Title 26 / Chapter 7 / Section 603
26 §603. Limits on mandatory overtime
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 all private and public employers, including the State and political subdivisions of the State. [PL 1999, c. 750, §1 (NEW).] B. "Overtime" means the hours worked in excess of 40 hours in a calendar week. [PL 1999, c. 750, §1 (NEW).] [PL 1999, c. 750, §1 (NEW).]

2. Limits on mandatory overtime. An employer may not require an employee to work more than 80 hours of overtime in any consecutive 2-week period. [PL 1999, c. 750, §1 (NEW).]

3. Exceptions. This section does not apply to: A. Work performed in response to an emergency declared by the Governor under the laws of the State; [PL 1999, c. 750, §1 (NEW).] B. An employee who performs essential services for the public. For purposes of this paragraph, "essential services" means those services that are basic or indispensable and are provided to the public as a whole, including, but not limited to, utility service, snowplowing, road maintenance and telecommunications service; [PL 1999, c. 750, §1 (NEW).] C. An employee whose work is necessary to protect the public health or safety, when the excess overtime is required outside the normal course of business; [PL 1999, c. 750, §1 (NEW).] D. An individual exempt from the definition of employee in section 663, subsection 3, paragraph A , C , F , G , I or J ; [PL 2007, c. 640, §1 (AMD).] E. A salaried employee who works in a bona fide executive capacity and whose regular compensation, when converted to an annual rate, exceeds 3000 times the State's minimum hourly wage; [PL 1999, c. 750, §1 (NEW).] F. An employee of a seasonal employer. For purposes of this paragraph, "seasonal employer" means an employer in an industry that operates in a regularly recurring period or periods of less than 26 weeks in a calendar year; [PL 1999, c. 750, §1 (NEW).] G. A medical intern or resident engaged in a graduate educational program approved by the Accreditation Council on Graduate Medical Education, the American Board of Medical Specialties or the American Osteopathic Association at a health care facility. For purposes of this paragraph, "health care facility" has the same meaning as in Title 22, section 8702, subsection 4 ; or [PL 1999, c. 750, §1 (NEW).] H. An employee who works for an employer who shuts down an operation for annual maintenance or work performed in the construction, rebuilding, maintenance or repair of production machinery and equipment, including machine start-ups and shutdowns related to such activity. This exception applies to contractors of the employer that are providing services related to the activities in this paragraph. It does not apply to other operations not involved in the work stated in this paragraph. Notwithstanding this paragraph, a worker may not be required to work beyond the limits prescribed in subsection 2 for more than 4 consecutive weeks. [PL 1999, c. 750, §1 (NEW).] [PL 2007, c. 640, §1 (AMD).]

4. Lower limit by agreement. Employers and employees may agree to limit mandatory overtime to fewer hours than provided for in this section. [PL 1999, c. 750, §1 (NEW).]

5. Exception for nurse. Notwithstanding subsection 2 , a nurse may not be disciplined for refusing to work more than 12 consecutive hours. A nurse may be disciplined for refusing mandatory overtime in the case of an unforeseen emergent circumstance when overtime is required as a last resort to ensure patient safety. Any nurse who is mandated to work more than 12 consecutive hours, as permitted by this section, must be allowed at least 10 consecutive hours of off-duty time immediately following the worked overtime. This subsection does not apply to overtime for performance of services described in subsection 3, paragraph A or C . [PL 2001, c. 401, §1 (NEW).]
26 M.R.S. § 617 — ME Code / Title 26 / Chapter 7 / Section 617
26 §617. Exceptions
Status: in_force

1. Publicly available information. This subchapter does not apply to information about an applicant or employee that is publicly available. [PL 2015, c. 343, Pt. B, §1 (NEW).]

2. Duty to screen or supervise. This subchapter does not prohibit or restrict an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications that is established by a self-regulatory organization as defined by the federal Securities Exchange Act of 1934, 15 United States Code, Section 78c(a)(26) or under state or federal law, regulation or rule to the extent necessary to supervise communications of regulated financial institutions or insurance or securities licensees for banking-related, insurance-related or securities-related business purposes. [PL 2015, c. 343, Pt. B, §1 (NEW).]

3. Investigation. This subchapter does not prohibit or restrict an employer from requiring an employee to disclose personal social media account information that the employer reasonably believes to be relevant to an investigation of allegations of employee misconduct or a workplace-related violation of applicable laws, rules or regulations if requiring the disclosure is not otherwise prohibited by law, as long as the information disclosed is accessed and used solely to the extent necessary for purposes of that investigation or a related proceeding. [PL 2015, c. 343, Pt. B, §1 (NEW).]
26 M.R.S. § 3211 — ME Code / Title 26 / Chapter 37 / Section 3211
26 §3211. Additional powers and duties
Status: reserved

1. Investment system. The Maine Apprenticeship Program shall partner with the Maine Workforce Investment System under chapter 33 to use registered apprenticeship as a key talent development approach that serves both workforce investment system participants and industry in the State. [PL 2011, c. 491, §13 (NEW).]

2. Economic development. The Maine Apprenticeship Program shall cooperate with the Department of Economic and Community Development in matters relating to workforce and economic development. [PL 2011, c. 491, §13 (NEW).]

3. Outreach. The Maine Apprenticeship Program shall cooperate, consult and coordinate with workforce development entities that serve individuals seeking employment. [PL 2011, c. 491, §13 (NEW).]

4. Technical assistance. The Maine Apprenticeship Program may provide sponsors with technical assistance. [PL 2011, c. 491, §13 (NEW).]

5. Federal regulations. The Maine Apprenticeship Program shall ensure that all apprenticeship programs established under this chapter conform to 29 Code of Federal Regulations, Parts 29 and 30 and any applicable regulations of the United States Department of Labor, Office of Apprenticeship. [PL 2011, c. 491, §13 (NEW).]

6. Education. The Maine Apprenticeship Program shall cooperate with the Department of Education, local school authorities such as adult education and career and technical education centers and other groups in organizing and establishing related instruction for apprentices employed under approved apprenticeship agreements. A. A public educational institution or sponsor may provide related instruction according to established policies. As funds permit, the Department of Labor shall underwrite 50% of tuition costs for apprentices in good standing at public educational institutions and provide training cost assistance to sponsor groups in accordance with sponsor policies. To ensure that adequate funds are available for related instruction, the Maine Apprenticeship Program shall establish a biennial plan, including projected apprenticeship enrollments and a subsequent budget request. [PL 2011, c. 491, §13 (NEW).] B. The Maine Apprenticeship Program shall assist the Department of Education, the State's community colleges, local school authorities such as adult education and career and technical education centers and other groups in promoting, developing and establishing student preapprenticeship programs and adult preapprenticeship programs if the community colleges, local school authorities and other groups wish to do so. A participant who successfully completes a preapprenticeship program meets the qualifying standards of a registered apprenticeship program. [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

7. Funding. The Maine Apprenticeship Program shall apply at least 75% of program funding used for reimbursement of direct training costs toward apprenticeship programs in which the apprentice starting wage is at least 1.25 times the rate of the minimum wage established in section 664 and the ending wage, upon completion of the apprenticeship agreement, is at least 1.5 times the rate of the minimum wage. [PL 2021, c. 147, §1 (NEW).]

8. Monetary incentive program; historically underrepresented populations. To the extent that funding is available, the Maine Apprenticeship Council shall, in coordination with the department, establish a financial incentive program for registered apprenticeships to recruit historically underrepresented populations. No more than 50% of the funds granted under this program may be allocated to the registered apprenticeship sponsor, and the remaining 50% of the funds must be reserved for stipends for registered apprentices who meet the criteria established under this program. [PL 2023, c. 318, §11 (NEW).]

9. Department, Maine Apprenticeship Council to establish criteria for funding registered apprenticeships. The Maine Apprenticeship Council shall, in coordination with the department, establish criteria for funding registered apprenticeship programs. The criteria must establish benchmarks and consider the total package value that a registered apprentice graduate earns upon transitioning to journeyman status. [PL 2023, c. 318, §12 (NEW).]
26 M.R.S. § 3204 — ME Code / Title 26 / Chapter 37 / Section 3204
26 §3204. Apprenticeship program performance standards
Status: in_force

1. Minimum number of apprentices. A registered apprenticeship program must have at least one registered apprentice, except for the following specified periods of time if the periods do not exceed one year: A. Between the date when the apprenticeship program is registered and the date of registration for its first apprentice; and [PL 2011, c. 491, §13 (NEW).] B. Between the date that the apprenticeship program graduates an apprentice and the date of registration for the next apprentice in the program. [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

2. Evaluation. The Maine Apprenticeship Program shall evaluate the performance of a registered apprenticeship program. The tools and factors to be used must include, but are not limited to: A. Quality assurance assessments; [PL 2011, c. 491, §13 (NEW).] B. Equal employment opportunity compliance reviews; [PL 2023, c. 318, §7 (AMD).] C. Completion rates. The cancellation of an apprenticeship agreement during the probationary period under section 3205, subsection 8 does not have an adverse impact on an apprenticeship program's completion rate; and [PL 2023, c. 318, §7 (AMD).] D. The total package value of a registered apprenticeship program. [PL 2023, c. 318, §7 (NEW).] [PL 2023, c. 318, §7 (AMD).]

3. Transfers. A transfer of an apprentice between apprenticeship programs or within an apprenticeship program must be based on agreement between the apprentice and the affected sponsors and: A. The sponsor must provide the transferring apprentice with a transcript of related instruction and on-the-job learning; [PL 2011, c. 491, §13 (NEW).] B. The transfer may be only to an apprenticeship program for the same occupation as the one from which the apprentice is being transferred; and [PL 2011, c. 491, §13 (NEW).] C. If the transfer occurs between sponsors, a new apprenticeship agreement must be executed. [PL 2011, c. 491, §13 (NEW).] [PL 2011, c. 491, §13 (NEW).]

4. Notice. A sponsor shall notify the Maine Apprenticeship Program of a person who has completed an apprenticeship program, of a transfer under subsection 3 or of a suspension or cancellation of an apprenticeship agreement under section 3205 within 45 days of the completion, transfer, suspension or cancellation. Notice of a transfer, suspension or cancellation must include the reasons for the transfer, suspension or cancellation. [PL 2011, c. 491, §13 (NEW).]

5. Registered apprenticeship programs not in compliance. The department shall identify and act to remedy registered apprenticeship programs that are: A. Not in compliance with quality assurance assessments; [PL 2023, c. 318, §8 (NEW).] B. Experiencing low rates of retention or completion; or [PL 2023, c. 318, §8 (NEW).] C. Not providing an adequate total package value to apprentices completing an apprenticeship program as determined by the department. [PL 2023, c. 318, §8 (NEW).] The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 318, §8 (NEW).]

6. Department to perform assessment annually. Beginning January 1, 2024, the department shall annually perform an assessment on the Maine Apprenticeship Program. The assessment must include, but is not limited to, the following: A. A summary of performance data collected from program sponsors; [PL 2023, c. 318, §9 (NEW).] B. Best practices being used and areas for improvement, as determined by the department; and [PL 2023, c. 318, §9 (NEW).] C. Steps taken by the department to ensure continuous improvement on key performance metrics. [PL 2023, c. 318, §9 (NEW).] [PL 2023, c. 318, §9 (NEW).]
26 M.R.S. § 772 — ME Code / Title 26 / Chapter 7 / Section 772
26 §772. Minors under 18 years of age; hazardous employment
Status: in_force

1. Prohibition against certain employment. A minor under 18 years of age may not be employed in any capacity that the director determines to be hazardous, dangerous to life or limbs or injurious to the minor's health or morals. [PL 2003, c. 59, §1 (NEW).]

2. Rules; list of employment and occupations. The director shall adopt rules to develop and maintain a list of employment and occupations not suitable for a minor. The rules must conform as far as practicable to the child labor provisions of the federal Fair Labor Standards Act of 1938, 29 United States Code, Section 212 and any associated regulations. The rules must also contain provisions prohibiting the employment of minors in places having nude entertainment and in registered dispensaries of cannabis for medical use authorized under Title 22, chapter 558‑C and in establishments that cultivate, produce or sell cannabis or products in which cannabis is an ingredient as authorized under Title 28‑B, chapter 1 . [PL 2017, c. 409, Pt. A, §5 (AMD); PL 2021, c. 669, §5 (REV).]

3. Rules relating to confined spaces and height. The director shall adopt rules prohibiting a minor under 18 years of age from working in confined spaces or at a designated height when regulations of the federal Occupational Safety and Health Administration, adopted under the general industry standards, 29 Code of Federal Regulations, Part 1910, require special precautions or procedures for such work. The rules must provide exceptions to the prohibition in specific exceptional circumstances, such as work required for public safety. [PL 2003, c. 59, §1 (NEW).]

4. Rules are routine technical. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 59, §1 (NEW).]

5. Application. This section does not apply to minors in public and approved private schools where mechanical equipment is installed and operated primarily for purposes of instruction or minors who are volunteer participants in a career-oriented law enforcement program and perform traffic control duties at civic events pursuant to section 786 . [PL 2013, c. 142, §1 (AMD).]
26 M.R.S. § 976 — ME Code / Title 26 / Chapter 9-A / Section 976
26 §976. Obligations during interim between contracts
Status: in_force

During the interim after the expiration of a collective bargaining agreement and before the effective date of any subsequent collective bargaining agreement, public employees covered by the expired collective bargaining agreement remain eligible for and must receive step increases in accordance with the terms and conditions set forth in the expired collective bargaining agreement. [PL 2021, c. 282, §1 (NEW).]
26 M.R.S. § 623 — ME Code / Title 26 / Chapter 7 / Section 623
26 §623. Exemptions
Status: in_force

Sections 621‑A and 622 do not apply to an employee of a limited liability partnership and do not apply to an employee of an S corporation or a cooperative corporation or association if the employee is a stockholder of the corporation or association, unless the employee requests the association or corporation to pay that employee in accordance with section 621‑A . Except as provided in section 621‑A, subsection 3 , 4 and 5 , a corporation, contractor, person or partnership may not by a special contract with an employee or by any other means exempt itself from this section and sections 621‑A and 622 . [PL 2023, c. 124, §4 (AMD).]
26 M.R.S. § 2004-A — ME Code / Title 26 / Chapter 25 / Section 2004-A
26 §2004-A. Authority of Legislature
Status: in_force

The Legislature has general authority to oversee implementation of the Workforce Innovation and Opportunity Act, including, but not limited to, authority to: [PL 2017, c. 110, §13 (AMD).]

1. Review plans. Review plans, policies and standards proposed by a local board, the State Workforce Development Board established in section 2006 , the Governor or any other agency under the Workforce Innovation and Opportunity Act before final approval by the responsible entity; [PL 2025, c. 154, §3 (AMD).]

2. Review evaluations. Review the procedures and findings of evaluations of the effectiveness of the State's implementation of the Workforce Innovation and Opportunity Act; and [PL 2017, c. 110, §13 (AMD).]

3. Receive reports. Receive reports prepared by the State Workforce Development Board established in section 2006, a local board, the Governor or any agency in connection with implementation of the Workforce Innovation and Opportunity Act, including the report required by section 3101‑A . [PL 2025, c. 154, §3 (AMD).]

The State Workforce Development Board established in section 2006 shall submit the state workforce development plan to the joint standing committee of the Legislature having jurisdiction over labor matters for the committee's review at the same time the plan is posted for public comment pursuant to the Workforce Innovation and Opportunity Act. [PL 2025, c. 154, §3 (AMD).]
26 M.R.S. § 611 — ME Code / Title 26 / Chapter 7 / Section 611
26 §611. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 623, §1 (NEW).]

1. Employment agency. "Employment agency" means a person who conducts a full-time or part-time service for the purpose of procuring or attempting to procure permanent or temporary employment or engagement for persons seeking employment or engagement or for giving information about where employment or engagement may be procured when a fee paid by the employee is charged for that service. Employment agencies do not include teachers' agencies, nurses' associations, charitable institutions, arrangers of employment for crew members of vessels and professional or occupational associations that serve only their own membership and that charge only a nominal fee and persons employed by a public or private nonprofit agency. [RR 2023, c. 2, Pt. E, §13 (COR).]
26 M.R.S. § 598 — ME Code / Title 26 / Chapter 7 / Section 598
26 §598. Employment reference immunity
Status: in_force

An employer who discloses information about a former employee's job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences. Clear and convincing evidence of lack of good faith means evidence that clearly shows the knowing disclosure, with malicious intent, of false or deliberately misleading information. This section is supplemental to and not in derogation of any claims available to the former employee that exist under state law and any protections that are already afforded employers under state law. [PL 1995, c. 335, §1 (NEW).]
26 M.R.S. § 1418-F — ME Code / Title 26 / Chapter 19 / Section 1418-F
26 §1418-F. Business enterprise program
Status: in_force

To provide blind persons with remunerative employment, enlarge the economic opportunities of blind persons and encourage blind persons to become self-supporting, the officer, board or other authority in charge of a public building or property shall grant to the division authority: [PL 1995, c. 560, Pt. F, §13 (NEW).]

1. Vending facility. To install in that building or property a vending facility whenever a vending facility may be operated by a blind person; and [PL 1995, c. 560, Pt. F, §13 (NEW).]

2. Vending machines. To place vending machines operated by the division in a building or property if a vending facility operated by a blind person is not warranted. Income from these vending machines must be used for the purposes set forth in this section. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 845 — ME Code / Title 26 / Chapter 7 / Section 845
26 §845. Employee benefits protection
Status: in_force

1. Restoration. Any employee who exercises the right to family medical leave under this subchapter, upon expiration of the leave, is entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This subsection does not apply if the employer proves that the employee was not restored as provided in this subsection because of conditions unrelated to the employee's exercise of rights under this subchapter. [PL 1987, c. 661 (NEW).]

2. Maintenance of employee benefits. During any family medical leave taken under this subchapter, the employer shall make it possible for employees to continue their employee benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave. [PL 1991, c. 277, §2 (AMD).]
26 M.R.S. § 1162 — ME Code / Title 26 / Chapter 13 / Section 1162
26 §1162. Withdrawals
Status: in_force

Moneys must be requisitioned from the State's account in the Unemployment Trust Fund solely for the payment of benefits and for the payment of refunds pursuant to section 1043, subsection 11, paragraph F , subparagraph (2) and section 1225 in accordance with rules prescribed by the commissioner. The commissioner shall from time to time requisition from the Unemployment Trust Fund the amounts, not exceeding the amounts standing to this State's account therein, as the commissioner considers necessary for the payment of the benefits and refunds for a reasonable future period. Upon receipt thereof the Treasurer of State shall deposit the moneys in the benefit account and warrants must be issued for the payment of benefits and refunds solely from the benefit account. All warrants issued for the payment of benefits and refunds must bear the signature of the commissioner or the commissioner's duly authorized agent for that purpose. When so signed and delivered to the payee, the warrants become a check against a designated bank or trust company acting as a depository of the State Government. The commissioner is the final judge of the legality or propriety of any award of benefits, or the amount thereof, appearing in any such warrant prepared by the commissioner, subject only to the right of appeal as provided in section 1194, subsection 8 . Any balance of moneys requisitioned from the Unemployment Trust Fund that remains unclaimed or unpaid in the benefit account after the expiration of the period for which the sums were requisitioned must either be deducted from estimates for, and may be utilized for the payment of, benefits and refunds during succeeding periods or, in the discretion of the commissioner, be redeposited with the United States Secretary of the Treasury, to the credit of this State's account in the Unemployment Trust Fund, as provided in section 1161 . [PL 2023, c. 405, Pt. A, §100 (AMD).]
26 M.R.S. § 1411-D — ME Code / Title 26 / Chapter 19 / Section 1411-D
26 §1411-D. Powers and duties of department
Status: in_force

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

1. Cooperates with other departments. Shall cooperate with other departments, agencies and institutions, both public and private, in providing for the rehabilitation of people with disabilities, in studying the problems involved and in establishing, developing and providing, in conformity with the purposes of this article, programs, facilities and services necessary or desirable; [PL 2017, c. 111, §9 (AMD).]

2. Reciprocal agreements with other states. May enter into reciprocal agreements with other states to provide for the rehabilitation of people with disabilities who are residents of the states concerned; [PL 2017, c. 111, §9 (AMD).]

3. Community rehabilitation programs. May establish, construct and operate community rehabilitation programs and make grants to public or other nonprofit organizations for those purposes; [PL 1995, c. 560, Pt. F, §13 (NEW).]

4. Vending stands and other businesses. May supervise the operation of vending stands and other small businesses established pursuant to this article to be conducted by people with significant disabilities; [PL 2017, c. 111, §9 (AMD).]

5. Research fellowships and traineeships. May make studies, investigations, demonstrations and reports and provide training and instruction, including the establishment and maintenance of research fellowships and traineeships, with stipends and allowances as determined necessary, in matters relating to rehabilitation; [PL 1995, c. 560, Pt. F, §13 (NEW).]

6. Joint project. May share funding and administrative responsibility with another state agency in order to carry out a joint project to provide services to people with disabilities; [PL 1995, c. 560, Pt. F, §13 (NEW).]

7. Joint undertakings. May enter into joint undertakings with public and private agencies to further the effectiveness of services for people with disabilities; [PL 2017, c. 111, §9 (AMD).]

8. Eligibility and priority. Through the Bureau of Rehabilitation Services, Division of Vocational Rehabilitation and Division for the Blind and Visually Impaired, which are the designated state units under the federal Rehabilitation Act of 1973 and the federal Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, shall determine the eligibility of individuals for rehabilitation services or evaluation and vocational services and the priority for those services in accordance with rules established by the department; and [PL 2017, c. 111, §9 (AMD).]

9. Transitional services coordination. Through the Bureau of Rehabilitation Services, Division of Vocational Rehabilitation and Division for the Blind and Visually Impaired, which are the designated state units under the federal Rehabilitation Act of 1973 and the federal Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, shall participate with school administrative units in transition planning for each student receiving special education services who is 16 years of age or older, or 14 years of age if determined appropriate by the student's individualized education program team, and shall assign appropriate staff as a transition contact person and as a member of the transition planning team for each student. [PL 2017, c. 111, §9 (AMD).]
26 M.R.S. § 1306 — ME Code / Title 26 / Chapter 15 / Section 1306
26 §1306. Fair minimum rate of wages and benefits; determination
Status: in_force

The public authority shall, before advertising for bids for a public contract, ascertain from the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid by the successful bidder to the laborers, workers or mechanics employed in the performance of the contract. A schedule of minimum wages and benefits must be attached to and made a part of the specifications for the construction and must be included in the bidding documents. The "fair minimum rate of wages and benefits," for the intent and purposes of sections 1304 to 1313 , is the prevailing wage and benefits paid in the locality in like construction. The director or a delegated member of that bureau shall assemble the data as to wages paid by contractors employing 5 or more construction workers in the State during the 2nd and 3rd week of September of each year. From these data, the fair minimum wage and benefits for the following calendar year must be determined by the director. Minimum wages and benefits may not be established for any trade or occupation if fewer than 10 workers are employed in such a trade or occupation in the State in the 2nd and 3rd week of September. [PL 1997, c. 757, §5 (AMD).]

The minimum wage and benefits must be established and filed as requested by the public authority within 30 days after such a request is received by the director. No minimum wage may be determined until January 1, 1968 and does not apply to the construction of public works then underway. When fair minimum wage and benefit rates are included and made a part of any contract, the rate must remain unchanged during the time the contract is in effect. [PL 1997, c. 757, §5 (AMD).]
26 M.R.S. § 1317 — ME Code / Title 26 / Chapter 15 / Section 1317
26 §1317. Construction safety training requirements for craft workers
Status: in_force

A contractor or subcontractor employing craft workers in the construction of public works shall require mandatory safety training for all craft workers in accordance with the requirements of this section. [PL 2021, c. 465, §4 (NEW).]

1. Mandatory safety training. A contractor or subcontractor employing craft workers in the construction of public works shall require that all craft workers on the construction work site have completed a construction safety training program that uses a curriculum approved by the United States Department of Labor, Occupational Safety and Health Administration and is at least 10 hours in duration. [PL 2021, c. 465, §4 (NEW).]

2. Proof of compliance. A contractor or subcontractor shall complete and submit monthly to the public authority that let the contract a signed statement of compliance that each craft worker has completed the training required in subsection 1 . [PL 2021, c. 465, §4 (NEW).]

3. Posting of affidavit on job site. A contractor or subcontractor shall post in a conspicuous location at each job site a signed affidavit that the contractor or subcontractor has met the requirements of this section. [PL 2021, c. 465, §4 (NEW).]

4. Rules. The Commissioner of Labor may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 465, §4 (NEW).]
26 M.R.S. § 3803 — ME Code / Title 26 / Chapter 49 / Section 3803
26 §3803. Repeal (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/28) (WHOLE SECTION TEXT REPEALED 1/01/28 by T. 26, §3803) (REALLOCATED FROM TITLE 26, SECTION 3703)
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 3703)

This chapter is repealed January 1, 2028. [PL 2021, c. 688, §2 (NEW); RR 2021, c. 2, Pt. A, §99 (RAL).]
26 M.R.S. § 2172-A — ME Code / Title 26 / Chapter 33 / Section 2172-A
26 §2172-A. Apprenticeships
Status: in_force

1. Notification to training applicants. The Department of Labor shall explain to each person seeking to enroll in a Maine Workforce Investment System program the general nature of registered apprenticeship programs, that a registered apprenticeship program is one of the job training options available under the Maine Workforce Investment System and ascertain that person's interest in such a program. [PL 2003, c. 114, §22 (AMD).]

2. Referral. When an individual's employability development plan has been developed, the Maine Workforce Investment System service provider shall: A. Determine whether the individual's employment goal includes an apprenticeable occupation as defined in section 3201, subsection 2 ; and [PL 2011, c. 491, §12 (AMD).] B. [PL 2011, c. 491, §12 (RP).] C. [PL 2011, c. 491, §12 (RP).] D. Provide the trainee with information on educational and training opportunities that may be of assistance for indenturing in the registered apprenticeship program. [PL 2011, c. 491, §12 (AMD).] [PL 2011, c. 491, §12 (AMD).]
26 M.R.S. § 963 — ME Code / Title 26 / Chapter 9-A / Section 963
26 §963. Right of public employees to join or refrain from joining labor organizations
Status: in_force

A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a public employee or a group of public employees in the free exercise of their rights, given by this section, to voluntarily: [PL 2007, c. 415, §2 (RPR).]

1. Join a union. Join, form and participate in the activities of organizations of their own choosing for the purposes of representation and collective bargaining or in the free exercise of any other right under this chapter; or [PL 2007, c. 415, §2 (NEW).]

2. Not join a union. Refrain from joining or participating in the activities of organizations for the purposes of representation and collective bargaining, except that an employee may be required to pay to the organization that is the bargaining agent for the employee a service fee that represents the employee's pro rata share of those expenditures that are germane to the organization's representational activities. [PL 2007, c. 415, §2 (NEW).]
26 M.R.S. § 979-T — ME Code / Title 26 / Chapter 9-B / Section 979-T
26 §979-T. 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, §2 (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, §2 (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, §2 (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, §2 (NEW).] [PL 2019, c. 389, §2 (NEW).]

2. Bargaining agent access to employee information. Public employers shall provide to a bargaining agent access to information about members of the bargaining unit that the bargaining agent exclusively represents, as follows. A. Public employers shall provide the following information regarding newly hired state employees and legislative employees and, upon request, regarding all other state employees and legislative 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 state employees and legislative employees, the employer shall provide the information required under this paragraph not later than 30 calendar days after the date a prospective state employee or legislative employee accepts an offer of employment or not later than 30 calendar days after the date of hire for all state employees and legislative employees. At the request of the bargaining agent, but not more than quarterly, the public employer shall provide the required information for all other state employees and legislative employees in the bargaining unit within 30 calendar days. [PL 2023, c. 467, §3 (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, §2 (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, §§3, 4 (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, §2 (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, §2 (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, §2 (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, §2 (NEW).]

Revisor's Note: §979-T. Obligations during interim between contracts as enacted by PL 2019, c. 393, §1 is REALLOCATED TO TITLE 26, SECTION 979-U
26 M.R.S. § 1401-B — ME Code / Title 26 / Chapter 19 / Section 1401-B
26 §1401-B. Commissioner
Status: in_force

The Commissioner of Labor is entitled to receive a fixed weekly salary in accordance with Title 2, section 6 , and must be paid from the administrative funds of the Bureau of Employment Services, the Bureau of Unemployment Compensation, the Bureau of Labor Standards, the Bureau of Rehabilitation Services and from other program administrative funds that the commissioner is authorized by statute or Executive Order to administer. The commissioner may establish an Office of the Commissioner, consisting of such personnel as determined necessary to carry out the duties and responsibilities of the commissioner, and paid from administrative funds from programs that the commissioner is authorized to administer. [PL 1995, c. 560, Pt. G, §15 (NEW).]

1. Duties. The commissioner has the following duties. A. The commissioner shall prepare a budget for the department. [PL 1995, c. 560, Pt. G, §15 (NEW).] B. The commissioner shall appoint to serve at the commissioner's pleasure: (1) Deputy Commissioner; (2) Director of Legislative Affairs; (3) Director of Operations; (4) Director of Communications; (5) Director, Bureau of Labor Standards; (6) Director, Bureau of Employment Services; (7) Director, Bureau of Rehabilitation Services; and (8) Associate Commissioner. [PL 2025, c. 388, Pt. QQQ, §1 (AMD).] The commissioner may appoint, subject to the Civil Service Law, such other personnel as may be necessary to carry out the functions of the department. The commissioner may transfer personnel within the department to ensure the efficient utilization of department personnel. The commissioner may require reports and take other actions necessary to carry out the functions of the department. [PL 2025, c. 388, Pt. QQQ, §1 (AMD).]

2. Purchase. The commissioner shall coordinate the purchase and use of all department equipment. [PL 1995, c. 560, Pt. G, §15 (NEW).]

3. Review. The commissioner shall review the functions and operations of the department to ensure that overlapping functions and operations are brought to the attention of the Governor and the Legislature. [PL 1995, c. 560, Pt. G, §15 (NEW).]

4. Data collection. The commissioner shall conduct a survey of manufacturing and nonmanufacturing industries throughout the State once every 2 years to determine hourly occupational wage rates by gender. [PL 1995, c. 560, Pt. G, §15 (NEW).]

5. Dispute resolution services. The commissioner may provide, by agreement with other agencies, dispute resolution services, including, but not limited to, adjudicatory proceedings, mediation and other alternative dispute resolution techniques. [PL 1995, c. 560, Pt. G, §15 (NEW).]

6. Monitor employee leasing industry. The commissioner shall coordinate the efforts of the State to ensure that the employee leasing industry is developing in a manner that provides the greatest benefit to Maine employers while minimizing the financial risk to those employers and to the leased employees. The commissioner shall meet at least annually with representatives of the Bureau of Insurance, the Bureau of Revenue Services, the Department of Economic and Community Development, the Workers' Compensation Board and the Bureau of Labor Standards within the Department of Labor. This group shall develop written material for employers and new businesses that are considering using an employee leasing firm. The material must provide guidance for employers on what questions to ask to minimize their own financial risk and that of their employees. The material must also include instructions on how to obtain public information on employee leasing companies, such as information required for registration purposes. The commissioner shall meet with the state officials listed in this subsection on at least an annual basis to review the status of the employee leasing industry and update the written materials as needed. [PL 1997, c. 393, Pt. A, §30 (NEW); PL 1997, c. 526, §14 (AMD).]
26 M.R.S. § 2171-A — ME Code / Title 26 / Chapter 33 / Section 2171-A
26 §2171-A. Maine Workforce Investment System
Status: in_force

This chapter applies to actions taken under the Maine Workforce Investment System. For the purposes of this chapter, the "Maine Workforce Investment System" means all state and federal education and training programs administered by the Department of Labor and operated by a network of local boards and service delivery providers, including: [PL 2003, c. 114, §19 (NEW).]

1. Workforce Innovation and Opportunity Act. The state program under the federal Workforce Innovation and Opportunity Act, Public Law 113-128; and [PL 2017, c. 110, §23 (AMD).]

2. Maine Conservation Corps. The Maine Conservation Corps under Title 12, chapter 220, subchapter 6‑A . [PL 2007, c. 695, Pt. A, §32 (AMD).]
26 M.R.S. § 632-A — ME Code / Title 26 / Chapter 7 / Section 632-A
26 §632-A. Fund for recovered wages
Status: in_force

1. Fund established. The Wage Recovery Fund is established as a nonlapsing fund within the bureau. The purpose of the fund is to facilitate payments related to unpaid wages, unpaid health benefits, liquidated damages or interest owed to employees or former employees of an employer when the Department of Labor receives payments from an employer in accordance with a settlement agreement or a judgment on behalf of affected employees or former employees. [PL 2023, c. 643, Pt. ZZ, §1 (NEW).]

2. Administration. The fund is administered by the director. Payment of unpaid wages, unpaid health benefits, liquidated damages or interest to affected individuals may be made only to the extent that the Department of Labor receives payment from the employer in accordance with a settlement agreement or a judgment. The department is not liable for payments to affected individuals if the department does not receive the funds from the employer. [PL 2023, c. 643, Pt. ZZ, §1 (NEW).]

3. Education. As part of its settlement agreements, the Department of Labor may include a provision for payment of funds toward education and public messaging regarding the State's labor laws. Funds deposited in the Wage Recovery Fund that are not required for the payment of unpaid wages, unpaid health benefits, liquidated damages or interest may also be used for such education and public messaging. [PL 2023, c. 643, Pt. ZZ, §1 (NEW).]

4. Fund balances. Amounts in the Wage Recovery Fund do not lapse and must be carried forward to be used for the same purposes. Interest earned on the balance in the fund must be credited to the Wage Recovery Fund. [PL 2023, c. 643, Pt. ZZ, §1 (NEW).]
26 M.R.S. § 3307 — ME Code / Title 26 / Chapter 39 / Section 3307
26 §3307. Industry partnership performance improvement and evaluation system
Status: in_force

1. Improvement and evaluation system. The collaborative shall create and implement a performance improvement and evaluation system that: A. Collects critical industry partnership information on an annual basis, or more frequently as determined by the collaborative; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. Describes the benefits of the collaborative and its activities to employers, employees and communities; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] C. Provides periodic performance information to the Legislature, the public and workforce stakeholders. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

2. Cluster partnership reviews. The collaborative shall coordinate year-end reviews of each industry cluster's industry partnerships and produce a comprehensive industry cluster overview report that describes: A. The critical experiences of each industry partnership, such as training that was most effective; most common human resource challenges; the impact of changing technology on the industry; and prospective changes that may affect the industry in the near term and long term; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] B. Practices that industry partnerships consider exemplary, such as effectively engaging adult education programs and postsecondary educational institutions, internships and clinical placements; working with effective training providers; working with career and technical education centers; and other important practices by which industry partnerships can assist each other. [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).] [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]
26 M.R.S. § 46 — ME Code / Title 26 / Chapter 3 / Section 46
26 §46. Failure to cooperate or comply
Status: in_force

A person who, being duly summoned under section 43, willfully neglects or refuses to attend, or refuses to answer any question propounded to that person concerning the subject of an examination as provided in section 43, or a person who, being furnished by the director with a written or printed list of interrogatories, neglects or refuses to answer and return the same under oath, must be punished by a fine of not less than $25 nor more than $100, or by imprisonment for not more than 30 days, or by both. A witness may not be compelled to go outside the county in which the witness resides to testify. [RR 2023, c. 2, Pt. E, §3 (COR).]

Any employer who willfully or repeatedly violates any requirements of section 45 or any standard, rule or order promulgated pursuant to section 565 may be assessed a civil penalty of not more than $1,000 for each day during which such violation continues. [PL 1975, c. 519, §8 (RPR).]

Any employer who has received a citation for a serious violation of the requirements of section 45 or of any standard, rule or order issued pursuant to section 565 , shall be assessed a civil penalty of up to $1,000 for each such violation. [PL 1975, c. 519, §8 (RPR).]

Any employer who has received a citation for a violation of the requirements of section 45 or of any standard, rule or order issued pursuant to section 565 , and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to $1,000 for each such violation. [PL 1975, c. 519, §8 (RPR).]

Any employer who fails to correct a violation for which a citation has been issued under section 45 within the period permitted for its correction, which period shall not begin to run until the date of the final order of the board in the case of any review proceeding initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues. [PL 1975, c. 519, §8 (RPR).]

Any employer who willfully or repeatedly violates any standard, rule or order adopted pursuant to section 565 , if that violation is specifically determined to be a serious violation, must, upon determination, be punished by a fine of not more than $10,000, except that if the determination is for a violation committed after a first determination of violation by such person, punishment must be by a fine of not more than $20,000. [PL 2017, c. 219, §5 (AMD).]

Any person who gives advance notice of any inspection to be conducted pursuant to this chapter without authority from the director shall, upon conviction, be punished by a penalty of not less than $500 nor more than $1,000, or by imprisonment for not more than 6 months, or by both. [PL 1975, c. 519, §8 (RPR).]

Any employer who violates any of the posting requirements, as prescribed in section 45 , shall be assessed a penalty of not more than $1,000 for each violation. [PL 1975, c. 519, §8 (RPR).]

Civil penalties owed under this chapter shall be paid to the director for deposit with the Treasurer of State, and may be recovered in a civil action in the name of the State brought in the Superior Court of the county where the violation is alleged to have occurred or where the employer has its principal office. Interest shall accrue on such penalties at the rate of 1 1/2% per month except that the interest shall be suspended during the pendency of an appeal. [PL 1975, c. 519, §8 (RPR).]

For purposes of this section, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists or from one or more practices, means, methods, operations or processes which have been adopted or are in use in such place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. [PL 1975, c. 519, §8 (RPR).]
26 M.R.S. § 3306 — ME Code / Title 26 / Chapter 39 / Section 3306
26 §3306. Industry and labor market research
Status: in_force

The collaborative may provide any industry and labor market research necessary to support and further develop the work of industry partnerships, including, but not limited to: [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

1. Employment analysis. Providing the most current available analysis of occupations and skills in the State for the purpose of determining trends in the State that may lead to changes in the targeted industry clusters; [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

2. High-priority occupations list. Maintaining and updating the annual list of the State's high-priority occupations under section 3303, subsection 5 ; and [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]

3. List adjustment. Providing the most current available analysis of high-priority occupations for the purpose of determining trends that may lead to adjustments to the list under subsection 2 . [PL 2013, c. 368, Pt. FFFFF, §1 (NEW).]
26 M.R.S. § 2073 — ME Code / Title 26 / Chapter 27 / Section 2073
26 §2073. Qualifications; presumption
Status: in_force

Any person who is performing work on a rail line which is being sold or otherwise transferred to a new operator within this State who is entitled to priority of employment under section 2072 shall be presumed to be physically and mentally qualified to perform the same or comparable work with the new employer. [PL 1987, c. 327 (NEW).]
26 M.R.S. § 1309 — ME Code / Title 26 / Chapter 15 / Section 1309
26 §1309. Contract to contain provisions relative to rate of wages and benefits to be paid
Status: in_force

In all cases when a fair minimum wage and benefits have been established, the contract between the public authority and the successful bidder must contain a provision requiring the successful bidder and all subcontractors of the successful bidder to pay a rate or rates of wages and benefits that are not less than the fair minimum wage and benefits. [PL 1997, c. 757, §8 (AMD).]
26 M.R.S. § 1414-A — ME Code / Title 26 / Chapter 19 / Section 1414-A
26 §1414-A. Grants
Status: in_force

The department may make grants to establish independent living services. Funds must be disbursed and audited in accordance with departmental grant policies and procedures. The department shall submit an annual accounting of the program to the joint standing committee of the Legislature having jurisdiction over labor matters. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 654 — ME Code / Title 26 / Chapter 7 / Section 654
26 §654. Enforcement
Status: in_force

An employer is liable to an employee for the amount of any unpaid minimum hourly wages under this subchapter. Upon a judgment being rendered in favor of an employee in any action brought to recover unpaid minimum hourly wages under this subchapter, the judgment must include, in addition to the unpaid minimum hourly wages adjudged to be due, an additional amount equal to the unpaid minimum hourly wages as liquidated damages and costs of suit, including a reasonable attorney's fee. [PL 2025, c. 232, §1 (NEW).]

An employer that violates this subchapter is subject to a fine of not less than $50 and not more than $200. [PL 2025, c. 232, §1 (NEW).]

An employer that discharges or in any other manner discriminates against an employee because the employee makes a complaint to the director or to a district attorney concerning a violation of this subchapter is subject to a fine of not less than $50 and not more than $200. [PL 2025, c. 232, §1 (NEW).]

The Department of Labor has exclusive authority to bring an action for unpaid wages on behalf of an employee or employees under this section. [PL 2025, c. 232, §1 (NEW).]

This section may not be construed to restrict or impair any existing right available to an employee under any other section of this chapter. [PL 2025, c. 232, §1 (NEW).]

In the event of a violation of this subchapter, the Attorney General may bring an action in the Superior Court to enjoin further violation of this subchapter. [PL 2025, c. 232, §1 (NEW).]
26 M.R.S. § 836 — ME Code / Title 26 / Chapter 7 / Section 836
26 §836. Penalties for violations (REALLOCATED FROM TITLE 26, SECTION 826)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 826)

A person who violates section 839 is liable for a civil fine of $10 for each day of willful violation which shall not be suspended. Any civil fine imposed under this section shall be submitted to the Treasurer of State for deposit to the General Fund. [PL 1983, c. 816, Pt. A, §19 (AMD).]
26 M.R.S. § 952 — ME Code / Title 26 / Chapter 9 / Section 952
26 §952. Stay of proceedings
Status: in_force

If any action or proceeding be brought in any court upon any issue or controversy referable to arbitration under a written provision in any collective bargaining contract or under an agreement in writing for submission to arbitration of an existing controversy arising out of such collective bargaining contract, the court in which such action or proceeding is pending, upon being satisfied that the issue involved in such action or proceeding is thus referable to arbitration, shall on application of one of the parties stay the trial of the action or proceeding until such arbitration has been had in accordance with the terms of the collective bargaining contract or the written agreement for submission to arbitration, provided the applicant for the stay is not in default in proceeding with such arbitration.
26 M.R.S. § 892 — ME Code / Title 26 / Chapter 9 / Section 892
26 §892. Panel
Status: in_force

The Panel of Mediators, as established by Title 5, section 12004‑B, subsection 3 , consisting of not less than 5 nor more than 10 impartial members, must be appointed by the Governor from time to time upon the expiration of the terms of the several members, for terms of 3 years. The Maine Labor Relations Board shall supply to the Governor nominations for filling vacancies. Vacancies occurring during a term must be filled for the unexpired term. Members of the panel are entitled to compensation according to section 965, subsection 2, paragraph C . The costs for services rendered and expenses incurred by the panel and any applicable state cost allocation program charges must be shared equally by the parties to mediation and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred by members of the panel is the responsibility of the Executive Director of the Maine Labor Relations Board. All costs must be paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost of providing the service, the mediator is assigned. A party who has not paid an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount collected pursuant to this provision remains in the special fund administered by the Maine Labor Relations Board and that fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this provision through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing party in the action. [PL 1997, c. 412, §1 (AMD).]
26 M.R.S. § 565-B — ME Code / Title 26 / Chapter 6 / Section 565-B
26 §565-B. Safety and health of students in public educational facilities
Status: in_force

The board shall formulate and adopt reasonable rules to ensure safe and healthful conditions for students in public educational facilities. The rules must address safety and health hazards created by the use of or exposure to equipment or material or the exposure to other conditions within the educational facility that minors would be prohibited from using or being exposed to in a work environment. The rules may include, but are not limited to, regulations of equipment, material and conditions found in vocational or technical education, scientific laboratories and shop class. [PL 2001, c. 397, §1 (NEW).]

The bureau shall enforce rules adopted under this section. The bureau may provide the same technical assistance to the governing boards of public educational facilities as it provides to employers pursuant to section 42‑A and any other provision of this Title. Public educational facilities are subject to the same rights of access and the governing boards of such facilities are subject to the same penalties as employers pursuant to chapter 3 . [PL 2001, c. 397, §1 (NEW).]

Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 397, §1 (NEW).]
26 M.R.S. § 352 — ME Code / Title 26 / Chapter 5 / Section 352
26 §352. Scope
Status: in_force

This subchapter applies to locomotives and caboose cars and other rolling stock, including camp cars and any other work area in which sanitation is not governed by a federal agency or another state agency. It does not apply to locomotives used only in yard switching service. [PL 1987, c. 594, §1 (NEW).]