26 M.R.S. § 850-E — ME Code / Title 26 / Chapter 7 / Section 850-E
26 §850-E. Paid Family and Medical Leave Insurance Fund
Status: in_force

1. Fund established. The Paid Family and Medical Leave Insurance Fund is established to carry out the purposes of this subchapter. The fund is administered by the Treasurer of State. Any sums received under this section are not considered revenue of the State, but must be held in trust for the exclusive benefit of covered individuals eligible for family leave benefits and medical leave benefits under this subchapter and for the administration of this subchapter by the department. Funds may not be expended, released, appropriated or otherwise disposed of for any other purpose and must be expended by the department as required by this subchapter to pay family leave benefits and medical leave benefits to covered individuals eligible to receive benefits and to pay the administrative costs of the administrator. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Deposits in fund. The fund consists of: A. Contributions collected pursuant to section 850‑F together with any interest earned thereon; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. Property or securities acquired through the use of money belonging to the fund together with any earnings of such property or securities; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. Fines and penalties collected under this subchapter; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. Any other money received from any source, including grants, gifts, bequests or money specifically designated to be credited to the fund. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Annualized amount. The fund must maintain an annualized amount as determined by an annual study by a qualified actuary that examines the program's recent and expected future claims experience, administrative expenses and target fund requirements. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

4. Administrative costs. The costs of administering the program by the administrator may not exceed 10% of the amount deposited under subsection 2 for each fiscal year following the initial year family leave benefits and medical leave benefits are paid. Money may not be commingled with other state funds and must be maintained in a separate account. [PL 2023, c. 643, Pt. ZZZ, §5 (AMD).]

5. Payment of benefits. The administrator shall expend money from the fund to provide weekly family leave benefits and medical leave benefits under section 850‑C . Family leave benefits and medical leave benefits must be paid from the fund to covered individuals eligible for benefits. An employer's bankruptcy or noncompliance with this subchapter does not interfere with an employee's ability to collect family leave benefits and medical leave benefits under this subchapter. Family leave benefits and medical leave benefits paid from the fund to such an employee may be recovered through bankruptcy proceedings or from the noncomplying employer. The administrator shall institute administrative and legal action to recover family leave benefits and medical leave benefits paid through the fund. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

6. Report. Beginning October 1, 2026 and annually thereafter, the administrator shall publish a report providing the following information concerning the program for the previous fiscal year: A. The total claims made, the total eligible claims and the percentage of total eligible claims out of total claims made; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. The percentage of eligible claims attributable to medical leave; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. The percentage of eligible claims attributable to family leave for the serious health condition of a family member; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. The percentage of eligible claims attributable to family leave other than for the birth, adoption or fostering of a child; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. The percentage of eligible claims attributable to family leave for the birth, adoption or fostering of a child; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. The percentage of eligible claims attributable to family leave for a qualifying exigency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] G. The percentage of eligible claims attributable to family leave for a covered service member; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] H. The claimant demographics by age, gender identification, race, ethnicity, average weekly wage, occupation and the type of leave taken; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] I. The percentage of claims denied and the reasons for the denials; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] J. The average weekly benefit amount paid for all claims and by the type of leave taken; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] K. The category of family member for whom family medical leave was taken to care for the family member’s serious medical condition; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] L. The time for initial claims processing and determination; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] M. The average length of time between an application and receipt of benefits; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] N. The average leave duration for each purpose of leave; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] O. Any changes in gross benefits paid compared to the previous fiscal year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] The administrator shall submit the annual report required by this subsection to the department, the authority and the joint standing committee of the Legislature having jurisdiction over labor matters. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 1230 — ME Code / Title 26 / Chapter 13 / Section 1230
26 §1230. Collection by warrant
Status: in_force

1. Request for warrant. If any contribution required to be paid and any interest or penalty or both payable to the commissioner under this chapter is not paid when due and has become final as to law and fact under section 1226 , the commissioner may, within 3 years thereafter, notify the employer who is liable according to the records of the bureau, specifying the amount due and demanding payment within 12 days after the date the notice is mailed. The notice must inform the employer that if the employer does not make the payment as demanded, the commissioner will certify the amount due for collection by warrant as provided in this section. If the employer does not make payment as demanded within the 12-day period or within an extended period that the commissioner may allow, the commissioner may certify to the Attorney General the amount due for collection or file in the office of the clerk of the Superior Court of Kennebec County, or any county, a certificate addressed to the clerk specifying the contribution required to be paid, interest and penalties due, the name and address of the liable employer as it appears on the records of the bureau, the facts according to which the amount has become final as to law and fact and the notice given and requesting that a warrant be issued against the employer for the contribution required to be paid, together with interest and penalties, as set forth in the certificate, and with costs. If the commissioner has reasonable grounds to believe that the employer may abscond within the 12-day period, the commissioner may, without further notice to the employer, certify to the Attorney General the amount due for collection or file in the office of the clerk of the Superior Court a certificate addressed to the clerk requesting the immediate issuance of a warrant. [RR 2023, c. 2, Pt. E, §118 (COR).]

2. Issuance of warrant. When the certificate is filed, the clerk of the Superior Court shall issue a warrant in favor of the bureau against the employer for the contribution required to be paid, together with interest and penalties, as set forth in the certificate and with costs. The clerk of the Superior Court shall file the certificate in a separate docket entitled "Special Warrants for Unemployment Compensation Tax." These records are not to become a part of the extended record of the court. [PL 1979, c. 651, §44 (AMD).]

3. Warrant effective as lien. An abstract or copy of the warrant may be filed for record in the registry of deeds of any county. From the time of the filing, the amount specified in the warrant constitutes a lien upon all real property and other tangible assets in the county or town owned by the liable employer or acquired by the liable employer during the period of the lien. The lien has the force, effect and priority of a judgment lien and continues for 5 years from the date of recording, unless sooner released or otherwise discharged or extended as prescribed in this subsection. The lien may be extended for an additional 5-year period by filing, for record in the registry of deeds, an abstract or copy of the warrant within the original 5-year period or within 5 years from the date of the last extension of the lien. [PL 2025, c. 390, Pt. A, §49 (AMD).]

4. Form and effect of warrant. A. The warrant has the force and effect of an execution issued upon a judgment in a civil action for the collection of taxes and benefit overpayments and may be in substantially the following form: ".......... (Name of County) SS. -- To the sheriffs of our respective counties or their deputies or any agent of the Commissioner of Labor Whereas, the Bureau of Unemployment Compensation or the Attorney General have certified that, pursuant to the terms of Title 26, section 1230, subsection 1 , or section 1051, subsection 6 , of the Revised Statutes, the amount of certain unemployment compensation tax, or benefit overpayment, assessed against .......... of .......... with interest and penalties, has become final as to law and fact, to wit: Period Contributions Benefit Over payment Interest Penalties Weeks Involved Interest will accrue at $ .00 per day for each day after .......... Total $ .......... and $ .......... costs of this proceeding, .......... We command you, therefore, that of the money, goods and chattels of said debtor, in your precinct, or the value thereof in money, you cause to be paid and satisfied unto the Bureau of Unemployment Compensation, to satisfy the sums aforesaid and .......... cents more for this warrant, together with your own fees. Hereof fail not, and make due return of this warrant, with your doings thereon, unto my office within one year from the date hereof. .................. Clerk of Courts, County of ................................ Date......................." [PL 1995, c. 560, Pt. G, §13 (AMD).] B. Warrants must be returnable within one year. New warrants may be issued on any such certificate within 2 years from the return day of the last preceding warrant for sums remaining unsatisfied. Warrants must be served by the sheriff of any county, or by any of the sheriff's deputies, or by any agent of the Commissioner of Labor, in the county where the employer or claimant may be found. [RR 2023, c. 2, Pt. E, §120 (COR).] C. The remedy provided by this section is in addition to or an alternative to all other remedies given to the commissioner in this chapter. [PL 1983, c. 351, §36 (AMD).] [RR 2023, c. 2, Pt. E, §120 (COR).]
26 M.R.S. § 826 — ME Code / Title 26 / Chapter 7 / Section 826
26 §826. Penalties for violations (REALLOCATED TO TITLE 26, SECTION 836)
Status: in_force

(REALLOCATED TO TITLE 26, SECTION 836)
26 M.R.S. § 1167 — ME Code / Title 26 / Chapter 13 / Section 1167
26 §1167. Unemployment Program Administrative Fund
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Unemployment Program Administrative Fund contributions" or "fund contributions" means the money payments required by this section to be made into the Unemployment Program Administrative Fund by an employer as a percentage of the employer's taxable payroll based on the Unemployment Program Administrative Fund predetermined yield in effect for the Unemployment Program Administrative Fund rate year. [PL 2019, c. 616, Pt. FF, §1 (NEW).] B. "Unemployment Program Administrative Fund planned yield" means the percentage of wages, as defined in section 1043, subsection 19 , equal to .04% of the total wages for each contributing employer subject to this chapter. [PL 2019, c. 616, Pt. FF, §1 (NEW).] C. "Unemployment Program Administrative Fund predetermined yield" means the amount determined by multiplying the ratio of total wages to taxable wages, as defined by section 1221, subsection 6, paragraph L , by the Unemployment Program Administrative Fund planned yield. The Unemployment Program Administrative Fund predetermined yield is rounded to the nearest .01%. [PL 2019, c. 616, Pt. FF, §1 (NEW).] D. "Unemployment Program Administrative Fund rate year" has the same meaning as "rate year" under section 1221, subsection 6, paragraph F . [PL 2019, c. 616, Pt. FF, §1 (NEW).] [PL 2019, c. 616, Pt. FF, §1 (NEW).]

2. Established. The Unemployment Program Administrative Fund, referred to in this section as "the fund," is established as a special fund in the State Treasury. All receipts, including interest, fines and penalties collected from the Unemployment Program Administrative Fund contributions, must be paid into the fund. Income from the investment of the fund must be deposited to the credit of the fund. All money in the fund must be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds. [PL 2019, c. 616, Pt. FF, §1 (NEW).]

3. Administered. The money in the fund must be administered by the commissioner exclusively for the purpose of administering this chapter and for the costs of administering the fund. [PL 2019, c. 616, Pt. FF, §1 (NEW).]

4. Employers liable for fund contribution. Each employer, as defined in section 1043, subsection 9 , other than an employer liable for a payment in lieu of a contribution, shall pay a fund contribution. Beginning January 1, 2021, fund contributions are payable in the same manner as described under section 1221, subsection 1 and in accordance with section 1221, subsection 4‑A . [PL 2019, c. 616, Pt. FF, §1 (NEW).]

5. Receipts. All receipts collected from fund contributions, including interest, fines and penalties on fund contributions not paid when due, must be paid into the fund. [PL 2019, c. 616, Pt. FF, §1 (NEW).]

6. Experience rating records. Fund contributions may not be credited to an employer's experience rating record as described in section 1221, subsection 3 . [PL 2019, c. 616, Pt. FF, §1 (NEW).]

7. Relationship to unemployment insurance contributions. Fund contributions may not be considered as part of the employer's unemployment insurance contribution rate pursuant to section 1221 . Unemployment insurance contributions for all employers subject to the contribution provisions of this chapter must be reduced by a percentage equal to the total fund contribution assessment as in section 1221, subsection 4‑A . Exceptions pertaining to new employer rates and contribution rate category 20 are described in section 1221, subsection 4‑A, paragraphs A and B . [PL 2019, c. 616, Pt. FF, §1 (NEW).]

8. Other provisions of this chapter. All provisions of this chapter and rules adopted under this chapter regarding payments, time limits, dates of payment, reports, interest and penalties on amounts not paid by employers when due, fines, liens and warrants that apply to the collection of contributions also apply to the collection of fund contributions. [PL 2019, c. 616, Pt. FF, §1 (NEW).]

9. Maximum fund balance. The Department of Labor shall transfer any cash balance that exceeds 180 days working capital as of December 31, 2023, and every year thereafter, from the Unemployment Program Administrative Fund to the Unemployment Compensation Fund within 30 days. [PL 2019, c. 616, Pt. FF, §1 (NEW).]
26 M.R.S. § 2103 — ME Code / Title 26 / Chapter 28 / Section 2103
26 §2103. Standards for equipment and clothing
Status: in_force

Unless otherwise specified, any reference in this section to a standard is to the most recent standard in effect. [PL 2003, c. 570, §3 (AMD); PL 2003, c. 570, §7 (AFF).]

1. Protective equipment. [PL 2021, c. 442, §1 (RP).]

1-A. Protective equipment. The fire department shall provide each firefighter with the appropriate equipment to protect the firefighter from the hazards of the work environment to which the firefighter is likely to be exposed. A. All protective equipment must fit properly and must meet or exceed the requirements of the United States Department of Labor, Occupational Safety and Health Administration or the National Fire Protection Association, whichever are more stringent, that are in effect at the time of purchase. Proper fit is determined by selecting the best-fitting protective equipment after reviewing design options specific to the firefighter's sex and options for sizing and tailoring the protective equipment. [PL 2021, c. 442, §2 (NEW).] B. The firefighter shall use the protective equipment whenever exposed to the hazards for which that equipment is provided. [PL 2021, c. 442, §2 (NEW).] C. Protective equipment, as provided in this section, must consist of protective clothing, helmet ensemble, foot, hand and hearing protection, self-contained breathing apparatus, personal alert safety systems and fire service life safety rope, harness and hardware. [PL 2021, c. 442, §2 (NEW).] [PL 2021, c. 442, §2 (NEW).]

2. Protective equipment; volunteer fire association. [PL 2003, c. 570, §3 (RP); PL 2003, c. 570, §7 (AFF).]

3. Protective clothing. Protective clothing consists of a coat and trousers. Purchases of new protective clothing by a fire department must meet or exceed the National Fire Protection Association standards. [PL 2003, c. 570, §3 (AMD); PL 2003, c. 570, §7 (AFF).]

4. Head protection. [PL 2003, c. 570, §3 (RP); PL 2003, c. 570, §7 (AFF).]

4-A. Helmet ensemble. Purchases of new helmet ensembles by a fire department must meet or exceed National Fire Protection Association standards. [PL 2003, c. 570, §3 (NEW); PL 2003, c. 570, §7 (AFF).]

5. Foot protection. Purchases of new boots by fire departments must meet or exceed the American National Standards Institute standard Z41.1 and 29 Code of Federal Regulations, Part 1910, General Industry Standards of the Occupational Safety and Health Administration and National Fire Protection Association standards. [PL 2003, c. 570, §3 (AMD); PL 2003, c. 570, §7 (AFF).]

6. Hand protection. Hand protection consists of heat insulating gloves or mittens that are not readily flammable. Purchases of new hand protection by a fire department must meet or exceed National Fire Protection Association standards. [PL 2003, c. 570, §3 (AMD); PL 2003, c. 570, §7 (AFF).]

7. Self-contained breathing apparatus. Purchases of new respiratory apparatus by a department must meet National Fire Protection Association standards and have a minimum of 1/2 hour normal service life plus an additional 1/2 hour capacity in a spare cylinder. The entire unit must meet National Institute for Occupational Safety and Health and National Fire Protection Association standards. Self-contained breathing apparatus must contain a minimum air supply of 90% of the rated capacity of the cylinder to be considered in-service. [PL 2003, c. 570, §3 (AMD); PL 2003, c. 570, §7 (AFF).]

8. Personal alert safety system. Each firefighter wearing a self-contained breathing apparatus must be provided with and shall use a personal alert safety system device in a hazardous area. The device must meet National Fire Protection Association standards. Purchases of new personal alert safety systems, PASS, by a fire department must meet or exceed the National Fire Protection Association standards. [PL 2003, c. 570, §3 (AMD); PL 2003, c. 570, §7 (AFF).]

9. Fire service life safety rope, harness and hardware. Purchases of new fire service life safety rope, harness and hardware by a fire department must meet National Fire Protection Association standards. [PL 1987, c. 356 (NEW).]

10. Hearing protection. Each fire department shall provide and each firefighter shall use hearing protection when the firefighter is operating or riding on fire apparatus and is subject to noise in excess of 90 decibels. Hearing protection must be provided and used when the firefighter is exposed to noise in excess of 90 decibels from power tools or equipment, except in situations when the use of the protective equipment would create an additional hazard to the user. Hearing protection must conform to Occupational Safety and Health Administration standards, 29 Code of Federal Regulations, Section 1910.95. [PL 2003, c. 570, §3 (NEW); PL 2003, c. 570, §7 (AFF).]
26 M.R.S. § 875 — ME Code / Title 26 / Chapter 7 / Section 875
26 §875. Employment leaves for caregivers and persons affected by extreme public health emergency
Status: in_force

1. Required leave. An employer shall grant reasonable and necessary leave from work, with or without pay, for an employee for the following reasons related to an extreme public health emergency: A. The employee is unable to work because the employee is under individual public health investigation, supervision or treatment related to an extreme public health emergency; [PL 2005, c. 383, §23 (NEW).] B. The employee is unable to work because the employee is acting in accordance with an extreme public health emergency order; [PL 2005, c. 383, §23 (NEW).] C. The employee is unable to work because the employee is in quarantine or isolation or is subject to a control measure in accordance with extreme public health emergency information or directions issued to the public, a part of the public or one or more individuals; [PL 2005, c. 383, §23 (NEW).] D. The employee is unable to work because of a direction given by the employee's employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the extreme public health emergency threat; or [PL 2005, c. 383, §23 (NEW).] E. The employee is unable to work because the employee is needed to provide care or assistance to one or more of the following individuals: the employee's spouse or domestic partner; the employee's parent; or the employee's child or child for whom the employee is the legal guardian. [PL 2021, c. 567, §43 (AMD).] For purposes of this subsection, "extreme public health emergency" has the same meaning as in Title 22, section 801, subsection 4‑A . [PL 2021, c. 567, §43 (AMD).]

2. Exceptions. An employer who fails to grant a leave under subsection 1 is not in violation of subsection 1 if: A. The employer would sustain undue hardship from the employee's absence, including the need to downsize for legitimate reasons related to the impact of the extreme public health emergency on the operation of the business; [PL 2005, c. 383, §23 (NEW).] B. The request for leave is not communicated to the employer within a reasonable time under the circumstances; or [PL 2005, c. 383, §23 (NEW).] C. The employee to be granted leave under subsection 1, paragraph E is a state, county or municipal employee whose responsibilities are related to services necessary for protecting the public's health and safety in an extreme public health emergency if the employer requires the employee to work, unless there are no other options or persons able to provide care or assist one or more of the individuals listed under subsection 1, paragraph E . [PL 2005, c. 383, §23 (NEW).] [PL 2005, c. 383, §23 (NEW).]

3. Duration of leave. Leave granted under subsection 1 must be for the duration of an extreme public health emergency and for a reasonable and necessary time period following the termination of the extreme public health emergency for diseases or conditions that are contracted or exposures that occurred during the extreme public health emergency. [PL 2005, c. 383, §23 (NEW).]

4. Documentation. Upon the employee's return to work, the employer has the right to request and receive written documentation from a physician or public health official supporting the employee's leave. [PL 2005, c. 383, §23 (NEW).]

5. Benefits retained. The taking of leave under this subchapter may not result in the loss of any employee benefits accrued before the date on which the leave commenced and does not affect the employee's right to health insurance benefits on the same terms and conditions as applicable to similarly situated employees. For any leave that extends beyond the time described in subsection 3 , the employer shall allow an employee to continue the employee's 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 or any portion of this extended leave. [PL 2005, c. 383, §23 (NEW).]

6. Civil penalties. The Department of Labor may assess civil penalties of up to $200 for each violation of this section if notice of the violation is given to the employer and the department within 6 months of the occurrence. [PL 2005, c. 383, §23 (NEW).]

7. Application. This subchapter applies to all public and private employers, including the State and its political subdivisions. [PL 2005, c. 383, §23 (NEW).]
26 M.R.S. § 42-D — ME Code / Title 26 / Chapter 3 / Section 42-D
26 §42-D. Poster of veterans' benefits and services
Status: in_force

1. Poster. The bureau shall consult with the Department of Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services to create and distribute a veterans' benefits and services poster. [PL 2023, c. 125, §1 (NEW).]

2. Details. The poster under this section must include, at a minimum, information regarding the following: A. Contact and website information for the Department of Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services and services for veterans provided by that bureau; [PL 2023, c. 125, §1 (NEW).] B. Substance use and mental health treatment services; [PL 2023, c. 125, §1 (NEW).] C. Educational, workforce and training resources; [PL 2023, c. 125, §1 (NEW).] D. Tax benefits; [PL 2023, c. 125, §1 (NEW).] E. Obtaining driver's licenses and nondriver identification cards; [PL 2023, c. 125, §1 (NEW).] F. Eligibility for unemployment insurance benefits under state and federal law; [PL 2023, c. 125, §1 (NEW).] G. Legal services; and [PL 2023, c. 125, §1 (NEW).] H. Contact information for the United States Department of Veterans Affairs Veterans Crisis Line. [PL 2023, c. 125, §1 (NEW).] [PL 2023, c. 125, §1 (NEW).]

3. Employer shall post. An employer with more than 50 full-time equivalent employees shall display the poster under this section in a conspicuous place accessible to employees in the workplace. [PL 2023, c. 125, §1 (NEW).]
26 M.R.S. § 848 — ME Code / Title 26 / Chapter 7 / Section 848
26 §848. Judicial enforcement
Status: in_force

1. Injunction and damages. A civil action may be brought in the appropriate court by an employee against any employer to enforce this subchapter. The court may enjoin any act or practice that violates or may violate this subchapter and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this subchapter. The court also may: A. Award damages equal to the wages, salary, employment benefits or other compensation denied or lost to the employee by reason of the violation; or [PL 2005, c. 228, §1 (NEW).] B. Order the employer to pay liquidated damages of $100 to the employee for each day that the violation continued. [PL 2005, c. 228, §1 (NEW).] [PL 2005, c. 228, §1 (NEW).]

2. Additional damages. The court also may order the employer to pay an additional amount as liquidated damages equal to the amount awarded under subsection 1 if the employee proves to the satisfaction of the court that the employer's violation was willful. [PL 2005, c. 228, §1 (NEW).]

3. Attorney's fees. In any action brought pursuant to this section, in addition to any judgment awarded to the employee, the court shall award reasonable attorney's fees and other costs of the action to be paid by the employer. [PL 2005, c. 228, §1 (NEW).]
26 M.R.S. § 2007 — ME Code / Title 26 / Chapter 25 / Section 2007
26 §2007. Funding
Status: in_force

Funds received from the United States pursuant to the Workforce Innovation and Opportunity Act must be deposited in the Employment Services Activity program account within the Department of Labor. Funds must be deposited, administered and disbursed in the same manner and under the same conditions and requirements as provided by law for other federal funds in the State Treasury in accordance with Title 2, section 4 . The Governor shall make federal funds available to the local boards to be used to implement the Workforce Innovation and Opportunity Act within 30 days after the date the funds are made available to the Governor, in accordance with state procurement rules and the federal Cash Management Improvement Act of 1990. The commissioner shall ensure that management and use of the federal funds comply with the requirements of the Workforce Innovation and Opportunity Act. Federal funds in the account do not lapse but must be carried forward to be used to implement the Workforce Innovation and Opportunity Act. [PL 2019, c. 246, §6 (AMD).]
26 M.R.S. § 1228 — ME Code / Title 26 / Chapter 13 / Section 1228
26 §1228. Liability of successor
Status: in_force

An individual or organization, including the types of organizations described in section 1043, subsection 10 , whether or not an employing unit, that acquires the organization, trade or business or a substantial part of the assets thereof from an employer, is liable, in an amount not to exceed the reasonable value of the organization, trade, business or assets acquired, for any contributions or interest due or accrued and unpaid by the employer, and the amount of the liability must, in addition, be a lien against the property or assets acquired, which must be prior to all other liens. The lien may not be valid as against a person who acquires from the successor any interest in the property or assets in good faith, for value and without notice of the lien. Upon written request made after the acquisition is completed, the commissioner shall furnish the successor with a written statement of the amount of contributions and interest due or accrued and unpaid by the employer as of the date of the acquisition, and the amount of the liability of the successor or the amount of the lien may not exceed the liability disclosed by the statement. The remedies in this section are in addition to all other existing remedies against the employer or the employer's successor. [PL 2025, c. 390, Pt. A, §48 (AMD).]
26 M.R.S. § 652 — ME Code / Title 26 / Chapter 7 / Section 652
26 §652. Minimum hourly wage
Status: in_force

An employer may not employ an employee at a rate less than the rates required by this section. [PL 2025, c. 232, §1 (NEW).]

Beginning January 1, 2026, the minimum hourly wage for an employee is $14.65 per hour, increased by the increase, if any, in the cost of living, measured by the percentage increase, if any, as of August of 2025 over August of 2024 in the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast Region, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics or its successor agency, with the amount of the minimum hourly wage increase rounded to the nearest multiple of 5¢. On January 1, 2027 and each January 1st thereafter, the minimum hourly wage then in effect must be increased by the increase, if any, in the cost of living. The increase in the cost of living must be measured by the percentage increase, if any, as of August of the previous year over the level as of August of the year preceding that year in the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast Region, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics or its successor agency, with the amount of the minimum hourly wage increase rounded to the nearest multiple of 5¢. If the highest federal minimum hourly wage is increased in excess of the minimum hourly wage in effect under this section, the minimum hourly wage under this section is increased to the same amount, effective on the same date as the increase in the federal minimum hourly wage, and must be increased in accordance with this section thereafter. [PL 2025, c. 232, §1 (NEW).]
26 M.R.S. § 1290 — ME Code / Title 26 / Chapter 14 / Section 1290
26 §1290. Hearings before the Maine Labor Relations Board
Status: in_force

1. Hearings; rules of evidence; evidence. 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 1983, c. 702 (NEW).]

2. Subpoenas; evidence; witness fees. The chair may administer oaths and 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, §132 (COR).]
26 M.R.S. § 1141 — ME Code / Title 26 / Chapter 13 / Section 1141
26 §1141. Contents of fund
Status: in_force

The Unemployment Compensation Fund, as heretofore created, shall be a special fund, separate and apart from all public moneys or funds of this State, and shall be administered by the commissioner exclusively for the purposes of this chapter. All moneys in the fund shall be mingled and undivided. This fund shall consist of: [PL 1979, c. 651, §19 (AMD).]

1. Contributions. All contributions and payments in lieu of contributions collected under this chapter; [PL 1973, c. 555, §12 (AMD).]

2. Interest. Interest earned upon any moneys in the fund;

3. Property or securities. Any property or securities acquired through the use of moneys belonging to the fund;

4. Earnings. All earnings of such property or securities;

5. Moneys. All other moneys received for the fund under any Act of Congress or from any other source.
26 M.R.S. § 979-S — ME Code / Title 26 / Chapter 9-B / Section 979-S
26 §979-S. Representation of employees in certain limited-period positions
Status: in_force

This section governs limited-period positions created for former regular employees of the State who are receiving workers' compensation payments from the State when creation of the positions will enable those employees to return to productive employment with the State. A person placed in such a limited-period position retains the employment and bargaining unit status that person had attained under this chapter prior to the injury that resulted in workers' compensation payments. The scope of representation by the bargaining agent is limited to terms and conditions of employment unrelated to work capacity, the rehabilitation effort or any other matter prescribed or controlled by workers' compensation law unless such terms are specifically negotiated as authorized by Title 39‑A, section 110 . This section may not be construed to authorize the creation of limited-period positions or to limit the employee's right to designate the employee's collective bargaining agent as that employee's representative concerning matters arising under workers' compensation laws. [PL 2001, c. 427, §1 (NEW); PL 2001, c. 427, §2 (AFF).]
26 M.R.S. § 979-L — ME Code / Title 26 / Chapter 9-B / Section 979-L
26 §979-L. 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 1973, c. 774 (NEW).]
26 M.R.S. § 1081 — ME Code / Title 26 / Chapter 13 / Section 1081
26 §1081. Administrative organization
Status: in_force

1. Commission. The Maine Unemployment Insurance Commission consists of 3 members, one of whom must be a representative of labor, one of whom must be a representative of employers and one of whom must be a representative of the general public who shall be impartial, must be an attorney admitted to the practice of law in the State and is the chair of the commission. Except as provided in this subsection, the 3 members and their successors must be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and to confirmation by the Senate, to hold office for a term of 6 years or until a successor has been duly appointed and confirmed, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed must be appointed for the remainder of the term. During a term of membership on the commission, a member may not engage in any other business, vocation or employment, nor serve as an officer or committee member of any political organization. [RR 2023, c. 2, Pt. E, §84 (COR).]

2. Salaries. The members of the commission shall receive a fixed weekly salary in accordance with Title 2, section 6 , and shall be paid from the Employment Security Administration Fund. [PL 1981, c. 470, Pt. A, §144 (AMD).]

3. Quorum. Any 2 members of the commission constitutes a quorum. Whenever the commission hears a case under this chapter and Title 36, chapter 831 , the chair shall act alone in the absence or disqualification of any other member, except that in the event of illness or extended absence on the part of the chair or in the event of a vacancy in that position, the remaining members may act on appeals, conduct hearings and render decisions, as long as both members agree. Except as otherwise provided, a vacancy may not impair the right of the remaining members to exercise all of the powers of the commission. Any action, decision, order, rule or recommendation that is required by law to be made by the Maine Unemployment Insurance Commission may not be made until the commission has held a meeting in the regular course of its business for which all members have been provided with reasonable notice of the meeting and its agenda. [RR 2023, c. 2, Pt. E, §85 (COR).]

4. Removal. Members of the commission must be sworn and may be removed by the Governor for inefficiency, willful neglect of duty or malfeasance in office, but only with the review and concurrence of the joint standing committee of the Legislature having jurisdiction over labor matters upon hearing in executive session or by impeachment. Before removing a commission member, the Governor shall notify the President of the Senate and the Speaker of the House of Representatives of the removal and the reasons for the removal. [PL 2017, c. 284, Pt. ZZZZ, §1 (NEW).]

5. Oaths and witnesses. In the discharge of the duties imposed by this chapter, the commission and any duly authorized representative has the power to administer oaths and affirmations, take depositions, certify official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records determined necessary as evidence in connection with a disputed claim. Oaths and affirmations required by reason of duties performed pursuant to this chapter may be administered by any persons as may be designated for the purpose by the commissioner. In the discharge of the duties imposed by this chapter, the commission or any duly authorized representative, when the interests of any interested party demand, may issue commissions to take depositions to any unemployment compensation or employment security official empowered to take such depositions under this chapter or the laws of any other state, for any of the following causes: A. When the deponent resides out of or is absent from the State; [PL 2025, c. 388, Pt. PPP, §1 (NEW).] B. When the deponent is bound to sea or is about to go out of the State; or [PL 2025, c. 388, Pt. PPP, §1 (NEW).] C. When the deponent is so aged, infirm or sick as to be unable to attend at the place of hearing. [PL 2025, c. 388, Pt. PPP, §1 (NEW).] A deposition pursuant to paragraph A , B or C must be taken by written interrogatories to be compiled by the commission, and the adverse party must be afforded an opportunity to refute such testimony before a determination is made. The deponent must be sworn and the deposition must be signed and sworn to by the deponent before admissible as testimony at a hearing before the commission. Subpoenas under this subsection must be issued pursuant to Title 5, section 9060 . [PL 2025, c. 388, Pt. PPP, §1 (NEW).]

6. Refusal to appear. A person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in that person's power to do so, in obedience to a subpoena of the commission or the duly authorized representative commits a Class E crime. This crime is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . If a person refuses to obey a subpoena duly issued by the commission or the duly authorized representative, any court of this State within the jurisdiction of which the person resides or transacts business has jurisdiction to issue to that person an order requiring the person to appear and produce evidence or testimony, and any failure to obey that order may be punished by the court as contempt of court. [PL 2025, c. 388, Pt. PPP, §2 (NEW).]

7. Protection against self-incrimination. A person may not be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the commission or any duly authorized representative or in obedience to the subpoena of the commission or the duly authorized representative in any cause or proceeding before the commission or any duly authorized representative on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate that person or subject that person to a penalty or fine; but an individual may not be prosecuted or subjected to any penalty or fine for or on account of any transaction, matter or thing concerning which that individual is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual in testifying under this subsection is not exempt from prosecution and punishment for perjury committed in testifying. [PL 2025, c. 388, Pt. PPP, §3 (NEW).]
26 M.R.S. § 670 — ME Code / Title 26 / Chapter 7 / Section 670
26 §670. Employees' remedies
Status: in_force

Any employer shall be liable to the employee or employees for the amount of unpaid minimum wages. Upon a judgment being rendered in favor of any employee or employees, in any action brought to recover unpaid wages under this subchapter, such judgment shall include, in addition to the unpaid wages adjudged to be due, an additional amount equal to such wages as liquidated damages, and costs of suit including a reasonable attorney's fee. [PL 1965, c. 410, §8 (AMD).]
26 M.R.S. § 639 — ME Code / Title 26 / Chapter 7 / Section 639
26 §639. Wage theft remedies (REALLOCATED FROM TITLE 26, SECTION 637)
Status: in_force

(REALLOCATED FROM TITLE 26, SECTION 637)

1. Wage theft; defined. For the purposes of this section, "wage theft" means a violation of section 621‑A, 622, 623, 626, 629, 629‑A or 664. [PL 2019, c. 461, §1 (NEW); RR 2019, c. 1, Pt. A, §31 (RAL).]

2. Injunction. In addition to other remedies allowed by this chapter, the Department of Labor or any person or persons injured by an unlawful wage payment practice or policy that causes direct harm to workers may bring an action for injunctive relief to enjoin further wage theft. If a party seeking an injunction prevails, the employer is liable to pay the cost of suit, including a reasonable attorney's fee. [PL 2019, c. 461, §1 (NEW); RR 2019, c. 1, Pt. A, §31 (RAL).]

3. Issuance of a cease operations order. The Commissioner of Labor or the commissioner's designee may order an employer to cease its business operations if the commissioner or the commissioner's designee determines that the employer has committed wage theft, the commissioner or the commissioner's designee has previously determined the employer's practice or policy resulted in wage theft on more than one occasion or within the last 12 months and: A. The practice or policy resulting in the wage theft affects 10 or more employees; or [RR 2019, c. 1, Pt. A, §31 (RAL).] B. The wage theft is equal to or greater than twice an employee's average weekly wage. [PL 2019, c. 461, §1 (NEW); RR 2019, c. 1, Pt. A, §31 (RAL).] The commissioner or the commissioner's designee shall provide the employer with notice and an opportunity to be heard 3 business days before the effective date of an order issued pursuant to this subsection. The issuance of a cease operations order constitutes final agency action. The commissioner or the commissioner's designee shall issue the cease operations order as narrowly as is determined necessary. Any person who is aggrieved by the imposition of a cease operations order has 10 days from the date of its service to make a request to the commissioner or the commissioner's designee for a hearing. The hearing must be held within 7 business days of the request. The hearing officer shall issue a decision within 5 business days of the hearing. If an employer refuses to obey an order to cease operations, that order may be enforced in Superior Court. [PL 2019, c. 461, §1 (NEW); RR 2019, c. 1, Pt. A, §31 (RAL).]

4. Stay of cease operations order. The Commissioner of Labor or the commissioner's designee shall stay the issuance of a cease operations order under subsection 3 if the employer provides evidence acceptable to the commissioner or the commissioner's designee that the employer has paid the employee or employees for the amount of unpaid wages and benefits owed and has implemented wage payment practices and policies that comply with this chapter. [PL 2019, c. 461, §1 (NEW); RR 2019, c. 1, Pt. A, §31 (RAL).]

5. Rules. The Commissioner of Labor shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. [PL 2019, c. 461, §1 (NEW); RR 2019, c. 1, Pt. A, §31 (RAL).]
26 M.R.S. § 813 — ME Code / Title 26 / Chapter 7 / Section 813
26 §813. Remedies
Status: in_force

1. Action authorized. If any employer fails to comply with any of the provisions of sections 811 and 812 , the Attorney General or employee may bring a civil action for damages for such noncompliance or apply to the courts for such equitable relief as may be just and proper under the circumstances. [PL 2019, c. 341, §2 (AMD).]

2. Award of fees; costs. In any civil action under section 811 or 812 , the court in its discretion may award reasonable attorney's fees and costs to any prevailing member of the National Guard or the Reserves of the United States Armed Forces. [PL 2019, c. 341, §2 (AMD).]
26 M.R.S. § 599 — ME Code / Title 26 / Chapter 7 / Section 599
26 §599. Broadcasting industry contract
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, "broadcasting industry contract" means an employment contract between a person and a legal entity that owns one or more television stations or networks or one or more radio stations or networks. [PL 2003, c. 225, §1 (AMD).]

2. Presumed unreasonable. A broadcasting industry contract provision that requires an employee or prospective employee to refrain from obtaining employment in a specified geographic area for a specified period of time following expiration of the contract or upon termination of employment without fault of the employee is presumed to be unreasonable. [PL 1999, c. 406, §1 (NEW).]
26 M.R.S. § 979-D — ME Code / Title 26 / Chapter 9-B / Section 979-D
26 §979-D. Obligation to bargain
Status: in_force

1. Negotiations. On and after January 1, 1975, it shall be the obligation of the public employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purpose of this chapter, their mutual obligation: A. To meet at reasonable times; [PL 1973, c. 774 (NEW).] B. To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, provided the parties have not otherwise agreed in a prior written contract; [PL 1973, c. 774 (NEW).] C. To execute in writing any agreements arrived at, the term of any such agreement to be subject to negotiation but shall not exceed 3 years; [PL 1987, c. 33 (AMD).] D. To participate in good faith in the mediation, fact finding and arbitration procedures required by this section; and [PL 1985, c. 289 (AMD).] E. To confer and negotiate in good faith: (1) To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession. All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining, except those matters which are prescribed or controlled by public law. Such matters appropriate for collective bargaining to the extent they are not prescribed or controlled by public law include but are not limited to: (a) Wage and salary schedules to the extent they are inconsistent with rates prevailing in commerce and industry for comparable work within the State; (b) Work schedules relating to assigned hours and days of the week; (c) Use of vacation or sick leave, or both; (d) General working conditions; (e) Overtime practices; (f) Rules for personnel administration, except for rules relating to applicants for employment in state or legislative service and state classified employees in an initial probationary status, including any extensions thereof, as long as such rules are not discriminatory by reason of an applicant's actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status; (g) Compensation system for state and legislative employees, which is defined as: (i) Guide charts, if any, and job evaluation factors, including factor language and factor weights, used to evaluate jobs for pay purposes; (ii) Job point to pay grade conversion tables; (iii) The number of and spread between pay steps within pay grades; (iv) The number of and spread between pay grades within the system; and (v) Temporary payment of recruitment and retention stipends, provided the stipends are allowed under Civil Service Law; (h) The nature of and procedures governing appeals of the allocation or reallocation of job classifications to pay grades resulting from any revisions to the compensation system; and (i) Implementation of any revisions to the compensation system. (2) Subparagraph (1), shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and personnel laws. (3) Cost items must be submitted for inclusion in the Governor's next operating budget within 10 days after the date on which the agreement is ratified by the parties. If the Legislature rejects any of the cost items submitted to it, all cost items submitted must be returned to the parties for further bargaining. Cost items related to a collective bargaining agreement reached under this chapter and submitted to the Legislature for its approval under this subparagraph may not be submitted in the same legislation that contains cost items for employees exempted from the definition of "state employee" under section 979‑A, subsection 6 and employees of the legislative branch, except that cost items for those employees exempted under section 979‑A, subsection 6, paragraph F need not be excluded. (4) Collective bargaining over the subjects described in subparagraph (1), divisions (g), (h) and (i), is subject to the following. (a) Subparagraph (1), division (g), shall not be construed to authorize any more than one system for evaluating jobs of state employees in bargaining units recognized under this chapter. (b) Either the public employer or the bargaining agents may compel the other party to bargain collectively over the subjects described in subparagraph (1), divisions (g), (h) and (i), provided that bargaining over those subjects may not be compelled by either the public employer or the bargaining agents sooner than 10 years after the parties' last agreement to revise the compensation system made pursuant to a demand to bargain. (c) During the periods of time described in division (b), when the subjects described in subparagraph (1), divisions (g), (h) and (i), are not mandatory subjects of bargaining, they shall be permissive subjects of bargaining. (d) Bargaining over the subjects described in subparagraph (1), divisions (g), (h) and (i), shall be conducted separately and apart from bargaining with individual bargaining agents over all other negotiable subjects and shall be conducted within a committee composed of representatives of management and of the bargaining units recognized under this chapter. (e) The labor representatives on the committee shall consist of equal numbers of representatives from each of the bargaining units recognized under this chapter. Each bargaining unit shall have one vote, regardless of the number of representatives, on any matter addressed by the committee. The labor position on any matter addressed by the committee shall be established by majority vote of the units recognized under this chapter. A majority vote of the units is necessary to initiate bargaining over the matters described in subparagraph (1), divisions (g), (h) and (i). (f) Notwithstanding the time frame provided in subparagraph (3), cost items resulting from revisions to the compensation system may only be submitted to the Legislature for funding after all appeals from the allocation or reallocation of job classifications under the revised system have been finally decided. The cost items relating to an individual bargaining unit shall be submitted to the Legislature for funding as part of the next legislation submitted pursuant to subparagraph (3) to fund a collective bargaining agreement between the State and that bargaining unit. (g) Bargaining over the subjects described in subparagraph (1), divisions (g), (h) and (i), shall be subject to the dispute resolution procedures of subsections 2 , 3 and 4 . For purposes of subsection 4, paragraph D , controversies over the subjects described in subparagraph (1), divisions (g), (h) and (i), shall be deemed "controversies over salaries." (5) Nothing in this chapter may be construed to exclude from the scope of collective bargaining the subjects described in subparagraph (1), divisions (g), (h) and (i). [PL 2021, c. 553, §18 (AMD); PL 2021, c. 601, §5 (AMD).] [PL 2021, c. 553, §18 (AMD); PL 2021, c. 601, §5 (AMD).]

2. Mediation. A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between the employer and employees or their representatives and other disputes subject to settlement through mediation. [PL 1975, c. 564, §32 (AMD).] B. Mediation procedures as provided by section 965, subsection 2 , shall be followed whenever either party to a controversy requests such services prior to arbitration, or at any time on motion of the Maine Labor Relations Board or its executive director. [PL 1975, c. 564, §32 (AMD).] C. The employer, union or employees involved in collective bargaining shall notify the Executive Director of the Maine Labor Relations Board, in writing, at least 30 days prior to the expiration of a contract, or 30 days prior to entering into negotiations for a first contract between the employer and the employees, or whenever a dispute arises between the parties threatening interruption of work, or under both conditions. [PL 1975, c. 564, §32 (AMD).] D. Any information disclosed by either party to a dispute to the panel or any of its members in the performance of this subsection shall be privileged. [PL 1973, c. 774 (NEW).] [PL 1975, c. 564, §32 (AMD).]

3. Fact-finding. A. If the parties, either with or without the services of a mediator, are unable to effect a settlement of their controversy, they may jointly agree either to call upon the Maine Labor Relations Board for fact-finding services with recommendations or to pursue some other mutually acceptable fact-finding procedure, including use of the Federal Mediation and Conciliation Service or the American Arbitration Association according to their respective procedures, rules and regulations. [PL 1975, c. 564, §33 (AMD).] B. If the parties do not jointly agree to call upon the Maine Labor Relations Board or to pursue some other procedure, either party to the controversy may request the executive director to assign a fact-finding panel. If so requested, the executive director shall appoint a fact-finding panel, ordinarily of 3 members, in accordance with rules and procedures prescribed by the board for making such appointments. [PL 1975, c. 564, §34 (AMD).] C. The fact-finding proceedings shall be as provided by section 965, subsection 3 . [PL 1973, c. 774 (NEW).] [PL 1975, c. 564, §§33, 34 (AMD).]

4. Arbitration. A. In addition to the 30-day period referred to in section 965, subsection 3 , the parties shall have 15 more days, making a total of 45 days from the submission of findings and recommendations, in which to make a good faith effort to resolve their controversy. [PL 1973, c. 774 (NEW).] B. If the parties have not resolved their controversy by the end of the 45-day period, either party may petition the board to initiate compulsory final and binding arbitration of the negotiations impasse. On receipt of the petition, the executive director of the board shall investigate to determine if an impasse has been reached. If the executive director so determines, the executive director shall issue an order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties within 10 days after the issuance of the order have not selected an arbitrator or a Board of Arbitration, the board shall order each party to select one arbitrator, and if these 2 arbitrators cannot in 5 days select a 3rd neutral arbitrator, the board shall submit a list from which the parties may alternately strike names until a single name is left, and that person must be appointed by the board as arbitrator. [RR 2023, c. 2, Pt. E, §61 (COR).] C. In reaching a decision under this paragraph, the arbitrator shall consider the following factors: (1) The interests and welfare of the public and the financial ability of the State Government to finance the cost items proposed by each party to the impasse; (2) Comparison of the wages, hours and working conditions of the employees involved in the arbitration proceeding with the wages, hours and working conditions of other employees performing similar services in public and private employment in other jurisdictions competing in the same labor market; (3) The over-all compensation presently received by the employees including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received; (4) Such other factors not confined to the foregoing, which are normally and traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment, including the average consumer price index; (5) The need of State Government and the Legislature for qualified employees; (6) Conditions of employment in similar occupations outside State Government or the legislative branch; (7) The need to maintain appropriate relationships between different occupations in State Government or in the legislative branch; and (8) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities. [PL 1997, c. 741, §7 (AMD); PL 1997, c. 741, §12 (AFF).] D. With respect to controversies over salaries, pensions and insurance, the arbitrator will recommend terms of settlement and may make findings of fact. Such recommendations and findings shall be advisory and shall not be binding upon the parties. The determination by the arbitrator on all other issues shall be final and binding on the parties. [PL 1973, c. 774 (NEW).] E. The arbitrator has a period of 30 days from the termination of the hearing in which to submit a report to the parties and to the board, unless the 30-day time limitation is extended by the executive director. [RR 2023, c. 2, Pt. E, §62 (COR).] [RR 2023, c. 2, Pt. E, §§61, 62 (COR).]

5. Costs. The costs for the services of the mediator, the members of the fact-finding board and of the neutral arbitrator or arbitrators including, if any, per diem expenses, and actual and necessary travel and subsistence expenses and the costs of hiring the premises where any mediation, fact-finding or arbitration proceedings are conducted, must be shared equally by the parties to the proceedings. All other costs must be assumed by the party incurring them. [PL 1991, c. 622, Pt. O, §9 (AMD).]
26 M.R.S. § 690 — ME Code / Title 26 / Chapter 7 / Section 690
26 §690. Report
Status: in_force

The Department of Labor shall report to the joint standing committee of the Legislature having jurisdiction over labor matters on March 1, 1990, and annually on that date thereafter. This report shall: [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

1. List of employers. List those employers whose substance use testing policies have been approved by the Department of Labor under section 686 ; [PL 2017, c. 407, Pt. A, §113 (AMD).]

2. Persons tested. Indicate whether those employers are testing applicants or employees, or both; [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]

3. Random or arbitrary testing. Indicate those employers whose substance use testing policies permit random or arbitrary testing under section 684, subsection 3 , and describe the employment positions subject to such random or arbitrary testing; [PL 2017, c. 407, Pt. A, §113 (AMD).]

4. Results. Provide statistical data relating to the reports received from employers indicating the number of substance use tests administered by those employers in the previous calendar year and the results of those tests; and [PL 2017, c. 407, Pt. A, §113 (AMD).]

5. Description. Briefly describe the general scope and practice of workplace substance use testing in the State. [PL 2017, c. 407, Pt. A, §113 (AMD).]
26 M.R.S. § 673-A — ME Code / Title 26 / Chapter 7 / Section 673-A
26 §673-A. Comprehensive educational campaign regarding overtime laws; annual report
Status: in_force

1. Department of Labor to educate businesses on overtime laws. The Department of Labor shall conduct a comprehensive educational campaign to ensure that the State’s business and nonprofit communities fully understand overtime laws that regulate employees in the State. The comprehensive educational campaign must include educational activities as follows. A. At the request of employers and employer groups, the Department of Labor, Bureau of Labor Standards shall provide targeted training to employers on the requirements of the State’s wage statutes regarding overtime, including a review of the State’s minimum hourly wage as established in section 664 , the determination of the salary threshold as described in section 663, subsection 3, paragraph K and the determination for whether an employee is exempt from the overtime provisions of the law as described in department rules. [PL 2021, c. 563, §1 (NEW).] B. In collaboration with organizations representing the State’s business and nonprofit communities, the Department of Labor, Bureau of Labor Standards shall: (1) Create and distribute to employers and employer groups compliance toolkits covering the requirements of the State’s wage statutes regarding overtime; and (2) Offer employers the opportunity to review with bureau staff the employers’ classification of employees regarding eligibility for or exemption from overtime pay. [PL 2021, c. 563, §1 (NEW).] C. The Department of Labor shall launch a social media campaign focusing on overtime requirements and connecting employers and employees with resources to determine the pertinent salary threshold as described in section 663, subsection 3, paragraph K and whether an employee is eligible for or exempt from overtime provisions of the law. [PL 2021, c. 563, §1 (NEW).] [PL 2021, c. 563, §1 (NEW).]

2. Annual report on overtime laws. The Department of Labor shall report to the joint standing committee of the Legislature having jurisdiction over labor matters beginning February 15, 2023 and annually thereafter describing the department’s educational activities on overtime laws under subsection 1 and the result of those activities. The report must also include data regarding complaints and violations of overtime laws and the status of the department’s enforcement efforts regarding overtime laws during the previous calendar year. [PL 2021, c. 563, §1 (NEW).]
26 M.R.S. § 2033 — ME Code / Title 26 / Chapter 25 / Section 2033
26 §2033. Competitive Skills Scholarship Program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department" means the Department of Labor. [PL 2007, c. 352, Pt. A, §3 (NEW).] A-1. "Certified preapprenticeship training program" means a preapprenticeship training program certified by the Maine Apprenticeship Program pursuant to section 3213 . [PL 2023, c. 184, §2 (NEW).] A-2. "Cohort" means a group of students or participants who work through a curriculum or prescribed program together to achieve the same academic degree, certificate or similar credential together. [PL 2025, c. 396, §2 (NEW).] B. "Fund" means the Competitive Skills Scholarship Fund established in accordance with section 1166 . Money in the fund may be used to pay for the operation, services and assistance provided through the Competitive Skills Scholarship Program as well as certain costs associated with the administration of the program. [PL 2007, c. 352, Pt. A, §3 (NEW).] B-1. "Marketable postsecondary degree" means an industry-recognized credential, vocational certificate or license, associate degree, bachelor's degree or a graduate certificate or degree. A degree is not considered a marketable postsecondary degree if: (1) The applicant can show that the postsecondary degree prepared the applicant for a specific occupation that the applicant is no longer able to perform due to physical or mental health limitations; (2) The postsecondary degree is not recognized by or equivalent to that which is required by the appropriate professional licensing body in this State; or (3) The applicant can show that the postsecondary degree does not enable the applicant to obtain employment in a labor market that meets the requirements of subsection 4, paragraph A . [PL 2025, c. 396, §3 (NEW).] C. "Participant" means an eligible individual enrolled in the program. [PL 2007, c. 352, Pt. A, §3 (NEW).] D. "Plan" means the individual career plan that must be provided to each eligible participant in accordance with subsection 8 . [PL 2007, c. 352, Pt. A, §3 (NEW).] D-1. "Preapprenticeship training program" has the same meaning as in section 3201, subsection 15‑A . [PL 2023, c. 184, §3 (NEW).] E. "Program" means the Competitive Skills Scholarship Program established in subsection 2 . [PL 2007, c. 352, Pt. A, §3 (NEW).] [PL 2025, c. 396, §§2, 3 (AMD).]

2. Program established. The department shall establish and administer an employment training program known as the Competitive Skills Scholarship Program. The purpose of the program is to provide individuals with access to education, training and support leading to skilled, well-compensated jobs with anticipated high employment demand, to improve the economic well-being of the participants in the program and to provide employers with a skilled labor force in accordance with the provisions of this section. The commissioner may expend funds through the department's career centers from the fund for the costs of education, training and support in accordance with subsection 6 , for career counseling and for the administration of the program. Career counseling must include developing a plan and assisting a participant in accessing the support necessary for the participant to participate in the plan. The commissioner shall establish a limit on or a formula that limits the proportion of program funds that are expended on career counseling and for administration. [PL 2015, c. 402, §1 (AMD).]

3. Notice. The department shall provide notice, including individual written notice, signs and other effective outreach methods, to inform people of the program and the education, training and support available from or through the program to individuals seeking work, education or training in the department's career centers. [PL 2007, c. 352, Pt. A, §3 (NEW).]

4. Criteria for education and training approved under the program. Education or training for a participant must meet the criteria set out in this subsection. A. The education or training provided through the program must be for employment in industries with significant demand for skilled labor that have been: (1) Identified by the Center for Workforce Research and Information as providing opportunity for employment in jobs with high compensation; (2) Recommended by the State Workforce Development Board established in section 2006 ; and (3) Approved by the Governor or the Governor's designee. [PL 2025, c. 154, §8 (AMD).] B. Education or training approved under this section must result in a postsecondary certificate, degree or similar credential that is universally recognized and accepted by the trade or industry in which the participant intends to seek employment and that is likely to provide opportunity for employment in jobs that will provide substantial improvement in the participant's earnings and benefits. [PL 2007, c. 352, Pt. A, §3 (NEW).] C. A registered apprenticeship program approved pursuant to section 3202 is deemed to have met the requirements of this subsection. [PL 2023, c. 184, §4 (NEW).] [PL 2025, c. 154, §8 (AMD).]

5. Eligibility criteria. Within the limits of available program resources, enrollment in the program must be granted if the individual applying for enrollment: A. Is at least 18 years old or has graduated from high school; [PL 2019, c. 66, §2 (AMD).] B. Does not have a marketable postsecondary degree that the individual can use to obtain employment in an industry that meets the requirements established in subsection 4 ; [PL 2025, c. 396, §4 (AMD).] C. Has income of less than 275% of the federal poverty level for the family size involved or, at the time of application, the individual or a dependent living in the individual's household is receiving assistance from the Supplemental Nutrition Assistance Program; the MaineCare program; the Temporary Assistance for Needy Families program; the Reception and Placement or Refugee Cash Assistance programs under 8 United States Code, Section 1522; the federal supplemental security income program; or the fuel assistance program under Title 30‑A, section 4991 ; [PL 2025, c. 396, §5 (RPR).] D. Is applying for education or training for a job in an industry approved under subsection 4 ; and [PL 2007, c. 352, Pt. A, §3 (NEW).] E. Has the aptitude to undertake and complete education or training as determined by the institution providing the education or training. [PL 2007, c. 352, Pt. A, §3 (NEW).] [PL 2025, c. 396, §§4, 5 (AMD).]

5-A. Secondary student eligibility. Notwithstanding subsection 5, paragraph A , a full-time student at a public secondary school enrolled in a career and technical education program at a career and technical education center or a career and technical education region may be granted enrollment in the program if the student applies for enrollment and meets the requirements of subsection 5, paragraphs B , C , D and E . For the purpose of determining eligibility under subsection 5, paragraph C , "income" includes the income of the student's family as defined by department rule. The commissioner may not expend, on an annualized basis, more than 15% of the annual revenue to the fund for tuition, other allowable costs and administration and case management for students enrolled in the program under this subsection and the costs for any of these students who continue to participate in the program after attaining 18 years of age. [PL 2019, c. 66, §3 (AMD).]

5-B. Cohort-based programs, student eligibility. The commissioner shall adopt rules in accordance with this section to provide for the approval of cohort-based education or training programs and eligibility for individuals participating in those programs. Such programs must be targeted to serve low-income individuals and individuals who may face barriers to education or successful workforce participation, including, but not limited to, first-generation college students, formerly incarcerated individuals, individuals enrolled in needs-based government assistance programs, unemployed and underemployed individuals, persons with disabilities, immigrants and individuals with underrepresented genders and racial identities, for the purposes of increasing these individuals' economic security. Notwithstanding subsection 5, an individual in a cohort approved by the commissioner pursuant to this subsection is eligible for all program services under this section for which all other eligible individuals would be qualified to receive in accordance with rules adopted pursuant to subsection 9 . [PL 2025, c. 396, §6 (NEW).]

6. Provision of education, training and support. Payment for education, training and support included in a participant's plan must be furnished promptly to, or on behalf of, a participant. A. The program must provide to a participant, in accordance with rules adopted by the department, when education, training and support are not reasonably available from another recognized program and are necessary to carry out that participant's plan: (1) Books, supplies, tools and equipment required by the participant's plan; (2) Child care, transportation and other necessary support as determined by the department; (3) Assistance needed to obtain remedial or prerequisite education necessary for the participant to participate successfully in the program; and (4) Related costs of licensing or certification necessary to practice in an occupation for which the individual is qualified. Money for mandatory fees or tuition may not be provided unless the participant is not eligible for necessary funds from other public grants or scholarships reasonably available to the participant for this purpose. Registered apprentices and individuals participating in a plan that includes a certified preapprenticeship training program approved pursuant to subsection 4 are eligible for services under this subsection, including those necessary to participate in any on-the-job learning component of the program, as long as the registered apprentices and individuals meet the requirement of subsection 5, paragraph C or are enrolled in a cohort approved by the commissioner pursuant to subsection 5‑B . [PL 2025, c. 396, §7 (AMD).] B. The department shall establish by rule a maximum limit on the amount of assistance available to participants. This limit may be waived by the commissioner if the commissioner determines it is necessary, prudent and consistent with the goals of the program under the circumstances. [PL 2007, c. 352, Pt. A, §3 (NEW).] [PL 2025, c. 396, §7 (AMD).]

7. Application and decision. An individual must be given the opportunity to make a written application for education, training and support available from the program and be given a prompt written decision from the department, within 30 days from the date that the individual's application is received by the department, specifically indicating the type and amount of services approved or denied, except that, at the request of the individual, the department shall extend the deadline by an additional 15 days for the purpose of providing additional information necessary to establish eligibility. If information needed from a 3rd party necessary to determine eligibility is not available at the time of the deadline, this deadline may be extended until that information is available. The department shall provide guidance and assist the individual to the extent possible in promptly securing any 3rd-party information necessary to determine eligibility. Services, including tuition, books, fees, stipends, child care and transportation, for which the applicant is determined eligible must be provided retroactively to the date of application or the date there is demonstrated need for services covered by the program and required for successful participation, whichever is later. Other services may be provided retroactively as determined by the department when necessary for the successful participation of an eligible individual. The department may not deny eligibility to any applicant for lack of information necessary to verify eligibility unless it has first sought to access that information from any electronic or other resource reasonably available to the department. If needed information to complete the application is not available, the department shall contact the applicant at least 20 days following the applicant's date of application by the applicant's preferred method of communication to notify the applicant of any additional or missing information needed by the department and to provide additional guidance that the applicant can use to obtain information necessary to establish eligibility to the extent possible. The costs for an educational transcript, credential evaluation or similar requirement needed to determine eligibility for the program must be paid for by the program for any applicant who is otherwise eligible for participation, as determined by the department, if funds are not reasonably available from another source for this purpose. [PL 2025, c. 396, §8 (RPR).]

7-A. Appeal. A written decision related to eligibility for, or the provision of, services under this section must provide notice that the decision may be appealed by an individual through a request for a hearing within 30 days of receipt of the decision in accordance with rules adopted by the department and consistent with Title 5, chapter 375, subchapter 4 . The 30-day appeal period may be extended up to 15 additional days if the individual can show good cause for failing to appeal within the initial 30-day period. If the individual files a written appeal within 10 days of a decision to terminate the participant from the program or terminate or reduce assistance being provided, the decision may not be implemented pending the outcome of the appeal process. If no appeal is filed, the decision becomes final. The first step in the appeal process is reconsideration of the decision by a program manager. The program manager shall issue a written decision within 15 days of the filing of the appeal and may consider new evidence presented during the appeal process. The decision may reflect a resolution to the appeal or, if a resolution was not reached, it must reflect the program manager's decision. If the program manager issues a written decision that is adverse to the individual, the department shall advise in that notice that the individual has a right to appeal the decision within 30 days of receiving the notice to an impartial hearing officer, who will make a new decision in accordance with Title 5, chapter 375, subchapter 4 . The appeal period may be extended up to an additional 15 days for good cause. A hearing officer shall render a decision within 30 days of the hearing request and may affirm, set aside, modify or remand the program manager's decision. A hearing decision affirming, setting aside or modifying the program manager's decision pursuant to this subsection is final agency action and may be appealed to the Superior Court. [PL 2025, c. 396, §9 (NEW).]

8. Individual career plan. This subsection governs the development of a plan for a participant. A. When an individual's application for the program is approved, an individual career plan must be developed by the program with the eligible individual consistent with the provisions of this section and must reflect, to the maximum extent feasible, the preferences of the participant, within the confines of the goals associated with this subchapter. A plan may be modified when necessary to assist a participant to participate successfully in the program. The plan must include the education or training program approved, the degree or credential expected at program completion and the services and support to be provided under the plan. [PL 2007, c. 352, Pt. A, §3 (NEW).] B. Prior to the establishment of a plan, a participant must be given: (1) A description of the program, including a list of services and supports available through the program and nontraditional employment opportunities, so that the participant may identify a suitable employment goal and the services needed to participate in the program; (2) The opportunity to learn about and examine relevant labor market information related to identified industries and the participant's employment preference; (3) If the participant's employment goal is an occupation for which an apprenticeship may be available, information about the department's apprenticeship program under chapter 33 ; and (4) Information about and assistance in applying for other services that will assist the participant in succeeding in the plan and prevent any unnecessary expenditure of resources by the program, including federal financial aid provided under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28; the state and federal earned income tax credit; health care resources; unemployment compensation; dislocated worker benefits; trade adjustment assistance; and other services available from other departments of State Government including the Department of Health and Human Services. [PL 2007, c. 352, Pt. A, §3 (NEW).] [PL 2007, c. 352, Pt. A, §3 (NEW).]

9. Rules. The commissioner shall adopt rules to implement the program in a manner that maximizes successful education and training opportunities for participants and to provide for its fair and efficient administration in accordance with this section. Rules adopted under this subsection are routine technical rules and must be adopted in accordance with Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 352, Pt. A, §3 (NEW).]

10. Monitoring, evaluation and annual report. The department shall implement a comprehensive evaluation strategy that evaluates the fund, using both quantitative and qualitative data and including an analysis of the return on investment in the fund. The evaluation must consider, at a minimum, the following factors: the value of total compensation, including, but not limited to, health insurance and other benefits to those participating in training; the impact of the program on the Unemployment Compensation Fund; the impact on productivity and performance for employers; and the impact on meeting the demand for skilled workers in industries in this State. The evaluation must measure the impact of the program over time, including a longitudinal analysis that captures productivity and other outcomes related to the program. The department must submit a report to the joint standing committee of the Legislature having jurisdiction over labor matters by February 1st of each year on the status of the program and on the evaluation data collected and analyzed. The report also must include the formula or limit established by the commissioner pursuant to subsection 2 to limit the proportion of program funds expended on career counseling and administration and the amount of funds expended for these purposes. [PL 2015, c. 402, §2 (AMD).]

11. Enrollment of eligible supplemental nutrition assistance program participants. The department shall enroll, to the maximum extent possible and when appropriate, participants in the federal supplemental nutrition assistance program administered by the State pursuant to Title 22, section 3104 who meet the eligibility criteria specified in subsection 5 and who are referred to the program pursuant to a memorandum of agreement entered into by the State with the Department of Health and Human Services as part of the individual’s self-sufficiency plan under the federal supplemental nutrition assistance program administered by the State pursuant to Title 22, section 3104. Federal funds may not be used to supplant state funds used to provide education, training and support under this section to program participants enrolled pursuant to this subsection. [PL 2013, c. 422, §2 (NEW).]
26 M.R.S. § 1418-A — ME Code / Title 26 / Chapter 19 / Section 1418-A
26 §1418-A. Division for the Blind and Visually Impaired
Status: in_force

The Division for the Blind and Visually Impaired is established within the department under the jurisdiction of the Director of the Division for the Blind and Visually Impaired. The commissioner shall appoint the director, subject to the Civil Service Law. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 1286 — ME Code / Title 26 / Chapter 14 / Section 1286
26 §1286. Bargaining unit; how determined
Status: in_force

1. Unit determination. In the event of a dispute between the public employer and an employee or employees over the appropriateness of a unit for purposes of collective bargaining or between the public employer and an employee or employees over whether a supervisory or other position is included in the bargaining unit, the executive director or the executive director's designee shall make the determination, except that anyone excepted from the definition of "judicial employee" under section 1282 may not be included in a bargaining unit. The executive director or the executive director's designee conducting unit determination proceedings may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relative or pertinent to the issues represented to them. [RR 2023, c. 2, Pt. E, §127 (COR).]

2. Criteria. In determining whether a supervisory position should be excluded from the proposed bargaining unit, the executive director or the executive director's designee shall consider, among other criteria, if the principal functions of the position are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards. [RR 2023, c. 2, Pt. E, §128 (COR).]

3. Determination of unit appropriateness. In determining the unit appropriate for purposes of collective bargaining, the executive director or the executive director's designee shall seek to ensure to employees the fullest freedom in exercising the rights guaranteed by this chapter, to ensure a clear and identifiable community of interest among employees concerned and to avoid excessive fragmentation among bargaining units. [RR 2023, c. 2, Pt. E, §129 (COR).]

4. Unit clarification. When there is a certified or currently recognized bargaining representative and when the circumstances surrounding the formation of an existing bargaining unit are alleged to have changed sufficiently to warrant modification in the composition of that bargaining unit, the public employer or any recognized or certified bargaining agent may file with the executive director a petition for a unit clarification, provided that the parties are unable to agree on appropriate modifications and there is no question concerning representation. [PL 1983, c. 702 (NEW).]
26 M.R.S. § 876 — ME Code / Title 26 / Chapter 7 / Section 876
26 §876. Short title
Status: in_force

This subchapter may be known and cited as "the Voluntary Veteran Preference Employment Policy Act." [PL 2013, c. 576, §4 (NEW).]
26 M.R.S. § 1194 — ME Code / Title 26 / Chapter 13 / Section 1194
26 §1194. Claims for benefits
Status: in_force

1. Filing. Claims for benefits must be made in accordance with such rules as the commissioner may prescribe. Each employer shall post and maintain printed statements of the rules in places readily accessible to individuals in the employer's service and shall make available to each such individual at the time the individual becomes unemployed a printed statement of those rules. The printed statements must be supplied by the commissioner to each employer without cost to the employer. [PL 2021, c. 456, §23 (AMD).]

1-A. Partial unemployment claim forms. An employer shall issue a properly completed partial unemployment claim form to each of the employer's employees who is customarily employed full time and who is given less than full-time hours during a week due to a lack of work, or who is given no work for one week due to a lack of work and who is not separated from that employer. A. Partial unemployment claim forms for a week must be provided to eligible employees no later than the day that the payroll for that week is available to employees. [PL 1999, c. 376, §1 (NEW).] B. An employer who fails to provide a partial unemployment claim form in accordance with this subsection is subject to a fine of $25 per day per form for each day the form is late. [PL 1999, c. 376, §1 (NEW).] C. An employer is not required to issue a partial unemployment claim form to an employee: (1) Whose earnings or earnings plus holiday pay for the week exceed the maximum weekly benefit amount plus $5; or (2) Whose vacation or holiday pay for the week exceeds the maximum weekly benefit amount. [PL 1999, c. 376, §1 (NEW).] D. The Director of Unemployment Compensation may authorize the use of partial unemployment claim forms for periods of 2 or more consecutive weeks in which the employee is given no work. [PL 1999, c. 376, §1 (NEW).] [PL 1999, c. 376, §1 (NEW).]

2. Determination. A representative designated by the commissioner, and in this chapter referred to as a deputy, shall promptly examine the first claim filed by a claimant in each benefit year and shall determine the weekly benefit amount and maximum benefit amount potentially payable to the claimant during that benefit year in accordance with section 1192‑A, subsection 2, paragraph F . The deputy shall promptly examine all subsequent claims filed and, on the basis of facts, shall determine whether or not that claim is valid with respect to sections 1192‑A and 1193 , other than section 1192‑A, subsection 2, paragraph F , or shall refer that claim or any question involved in the claim to the Division of Administrative Hearings or to the commission, which shall make a determination with respect to the claim in accordance with the procedure described in section 1194 , except that in any case in which the payment or denial of benefits is subject to section 1193, subsection 4 , the deputy shall promptly transmit a report with respect to that subsection to the Director of Unemployment Compensation upon the basis of which the director shall notify appropriate deputies as to the applicability of that subsection. The deputy shall determine in accordance with section 1221, subsection 3, paragraph A , the proper employer's experience rating record, if any, against which benefits of an eligible individual must be charged, if and when paid. The deputy shall promptly notify the claimant and any other interested party of the determinations and reasons for the determinations. Subject to subsection 11 , unless the claimant or any such interested party, within 30 calendar days after that notification was mailed to the claimant's last-known address, files an appeal from that determination, that determination is final, except that the period within which an appeal may be filed may be extended, for a period not to exceed an additional 30 calendar days, for good cause shown. If new evidence or pertinent facts that would alter that determination become known to the deputy prior to the date that determination becomes final, a redetermination is authorized, but that redetermination must be mailed before the original determination becomes final. If an employer's separation report for an employee is not received by the office specified on the separation report within 10 days after that report was requested, the claim must be adjudicated on the basis of information at hand. If the employer's separation report containing possible disqualifying information is received after the 10-day period and the claimant is denied benefits by a revised deputy's decision, benefits paid prior to the date of the revised decision do not constitute an overpayment of benefits. Any benefits paid after the date of the revised decision constitute an overpayment. If an employer files an amended separation report or otherwise raises a new issue as to the employee's eligibility or changes the wages or weeks used in determining benefits that results in a denial of benefits or a reduction of the weekly benefit amount, the benefits paid prior to the date the determination is mailed do not constitute an overpayment. Any benefits received after that date to which the claimant is not entitled pursuant to a new determination based on that new employer information constitute an overpayment. If, during the period a claimant is receiving benefits, new information or a new issue arises concerning the claimant's eligibility for benefits or which affects the claimant's weekly benefit amount, benefits may not be withheld until a determination is made on the issue. Before a determination is made, written notice must be mailed to the claimant and other interested parties, which must include the issue to be decided, the law upon which it is based, any factual allegations known to the bureau, the right to a fact-finding interview, the date and location of the scheduled interview and the conduct of the interview and appeal. Any fact-finding interview must be scheduled not less than 7 calendar days nor more than 14 calendar days after the notice is mailed. The bureau shall include in the notice a statement notifying the claimant that any benefits paid prior to the determination may be an overpayment under applicable law and recoverable by the bureau if it is later determined that the claimant was not entitled to the benefits. If the claimant does not appear for the scheduled interview, the deputy shall make a determination on the basis of available evidence. The deputy shall make a prompt determination of the issue based solely on any written statements of interested parties filed with the bureau before the interview, together with the evidence presented by interested parties who personally participated in the interview by telephone or e-mail or other electronic means. Upon request and notice to all parties at the interview, the deputy may accept corroborative documentary evidence after the interview. In no other case may the deputy base a decision on evidence received after the interview has been held. A. This subsection does not apply when the claimant reports that, in the week claimed: (1) The claimant worked and reports a specific amount of earnings for that work; (2) The claimant worked and had earnings from that work, but does not furnish the amount of earnings; (3) The claimant reports that the claimant was not able or available for work for a specific portion of the week and there is sufficient information for the deputy to determine that the inability or unavailability for work was for good cause. If the information provided by the claimant indicated unavailability during the claim week, but is not specific as to the amount of time involved, the Department of Labor shall immediately initiate a fact-finding interview with the individual and make a determination regarding the claimant's weekly benefit amount on the basis of that interview. If the department is not able to conduct an immediate fact-finding interview with the claimant, the notification and fact-finding process described in this subsection must be followed; (4) The claimant received a specific amount of other remuneration as described in section 1193, subsection 5 ; (5) The claimant reported that the claimant did not complete a work search activity for that week, and that week was not under a work search waiver approved by the bureau; (6) The claimant failed to respond to or failed to provide sufficient documentation to satisfy a written request for documentation to verify the claimant's identity as listed on an initial claim within the time frame specified by the bureau; or (7) The claimant's total or partial unemployment is due to a stoppage of work as described in section 1193, subsection 4 . The bureau may not withhold benefit payments pursuant to subparagraph (6) for claimants receiving benefit payments unless the bureau has credible evidence on the record that substantiates a reasonable basis for establishing an issue of potential fraud and withholding payment. If there is such evidence, the bureau shall issue timely notice to the claimant informing the claimant that benefit payments are withheld and include with that notice instructions for how the claimant may satisfy identity verification requirements and how to submit those documents to the bureau. The notice must give a reasonable time frame for submitting documents and describe the consequences for failing to provide documentation, as well as the claimants' appeal and hearing rights. The bureau shall allow individuals a reasonable time frame to submit documents that comply with an identity verification request and provide a list of acceptable documents and alternatives. The bureau shall also allow multiple means by which a claimant may submit documents for identity verification. If the claimant fails to comply with the request for documents in the time frame allowed or the documents provided are insufficient or determined to be fraudulent, the bureau shall render a timely decision denying further benefits. [PL 2025, c. 235, §13 (AMD).] B. [PL 1999, c. 464, §8 (RP).] [PL 2025, c. 235, §13 (AMD).]

3. Appeals. Unless such appeal is withdrawn, the Division of Administrative Hearings after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or set aside the findings of fact and decision of the deputy. The parties must be then duly notified of the division's decision, together with its reasons therefor, which subject to subsection 11 is deemed to be the final decision of the commission unless, within 15 calendar days after that notification was mailed to the claimant's and employer's last known address, the claimant or employer appeals to the commission by filing an appeal in accordance with such rules as the commissioner prescribes, as long as the appealing party appeared at the hearing and was given notice of the effect of the failure to appear in writing prior to the hearing. [PL 2021, c. 456, §25 (AMD).]

4. Appeal tribunals. [PL 1987, c. 641, §9 (RP).]

5. Commission review. The commission may on its own motion affirm, modify or set aside any decision of the Division of Administrative Hearings on the basis of the evidence previously submitted in that case or direct the taking of additional evidence, or may permit any of the parties of that decision to initiate further appeals before it. The commission shall permit such further appeal by any of the parties interested in a decision of the Division of Administrative Hearings and by the deputy whose decision has been overruled or modified by the Division of Administrative Hearings. The commission may remove to itself or transfer to the Director of the Division of Administrative Hearings or to another administrative hearing officer the proceedings on any claim pending before the Division of Administrative Hearings. Any proceedings so removed to the commission must be heard in accordance with the requirements in subsection 3 . All hearings conducted pursuant to this section may be heard by a quorum of commissioners, as defined in section 1081, subsection 3 . The commission shall promptly notify the interested parties of its findings and decisions. [PL 2025, c. 388, Pt. PPP, §8 (AMD).]

6. Procedure. The manner in which disputed claims must be presented, and the reports thereon required from the claimant and from employers must be in accordance with rules prescribed by the commissioner. The conduct of hearings and appeals must be in accordance with Title 5, chapter 375 . [PL 2021, c. 456, §26 (AMD).]

7. Witness fees. Notwithstanding the provisions of Title 5, section 9060 , witnesses subpoenaed pursuant to this chapter shall be allowed fees at a rate fixed by the commission to be paid out of the Employment Security Administration Fund, except that no attendance or mileage fee shall be due or payable when a subpoena is issued to compel an employing unit to appear and produce records and reports for the purpose of making a determination as to liability or for the purpose of completing routine reports as provided under this chapter. [PL 1977, c. 694, §475 (AMD).]

8. Appeals to courts. Any decision of the commission becomes final 10 days after receipt of written notification and any person aggrieved by the decision may appeal by commencing an action pursuant to Title 5, chapter 375, subchapter VII . The commission must be made a party defendant in any such appeal. [RR 1991, c. 2, §99 (COR).]

9. [PL 1979, c. 541, Pt. A, §182 (RP).]

10. Determination may be reconsidered; appeal. The deputy may reconsider a determination with respect to the weekly benefit amount and maximum total amount of benefits for a claimant for any given benefit year, if the deputy finds that an error has occurred or that wages have been erroneously reported, but no such redetermination may be made after one year from the date of the original determination. Notice of any such redetermination shall be promptly given to the parties entitled to notice of the original determination, in the manner prescribed in this section with respect to notice of an original determination. If the maximum amount of benefits is increased upon that redetermination, an appeal solely with respect to the matters involved in that increase may be filed in the manner and subject to the limitations provided in subsection 2 . If the amount of benefits is decreased upon such redetermination, the matters involved in such decrease shall be subject to an appeal by claimant with respect to subsequent benefits which may be affected by the redetermination. An appeal may be filed in the manner and subject to the limitations provided in subsection 2 . The deputy may reconsider a benefit payment for any particular week or weeks whenever an error has occurred, but no such redetermination may be made after one year from the date of payment for that week or weeks. Notice of any such redetermination must be promptly given to the claimant. Subject to subsection 11, unless the claimant files an appeal from that redetermination within 30 calendar days after that redetermination was mailed to the claimant's last-known address, the redetermination is final, except that the period within which an appeal may be filed may be extended for a period not to exceed an additional 30 calendar days for good cause shown. Subject to the same limitations and for the same reasons, the commission may reconsider the determination in any case in which the final decision has been rendered by the Division of Administrative Hearings, the commission or a court, and may apply to the body or court which rendered that final decision to issue a revised decision. In the event that an appeal involving an original determination is pending as of the date a redetermination thereof is issued, that appeal, unless withdrawn, shall be treated as an appeal from the redetermination. [PL 2025, c. 235, §14 (AMD).]

11. Prompt payment of claims. A. Benefits shall be paid promptly in accordance with a determination, reconsidered determination, redetermination, decision of the Division of Administrative Hearings, the commission or a reviewing court under this section upon the issuance of the determination, reconsidered determination, redetermination or decision, regardless of the pendency of the period to apply for reconsideration, file an appeal or petition for judicial review that is provided with respect thereto in this section or the pendency of any such application, filing or petition, unless and until that determination, redetermination or decision has been modified or reversed by a subsequent reconsidered determination, redetermination or decision. In which event, benefits will be paid or denied for weeks of unemployment thereafter in accordance with that reconsidered determination, modified or reversed determination, redetermination or decision. [PL 1987, c. 641, §13 (AMD).] B. [PL 1981, c. 290 (RP).] C. If any determination, reconsidered determination, redetermination or decision awarding benefits is finally modified or reversed, any benefits paid to the claimant which would not have been paid under such final decision shall be deemed to be erroneous payments that are not chargeable to the account of any employer. [PL 1971, c. 538, §34 (NEW).] [PL 1987, c. 641, §13 (AMD).]

12. Collateral estoppel. Except for proceedings under this chapter, no finding of fact or conclusion of law contained in a decision of a deputy, an administrative hearing officer, the commission, the commissioner or a court, obtained under this chapter, has preclusive effect in any other action or proceeding. This provision applies to decisions issued on or after July 14, 1990. [PL 1997, c. 293, §5 (AMD).]

13. Voluntary withdrawal. A claimant who has filed a claim for benefits under this section may voluntarily withdraw that claim at any time before receiving the benefits. The commissioner shall treat a claimant who has withdrawn a claim under this subsection as not having filed the claim. A claimant may initiate the withdrawal of a claim under this subsection by way of telephone, but the Department of Labor may require a signed withdrawal authorization to verify the withdrawal. Cashing a benefit check relating to the claim is deemed to revoke any withdrawal of that claim. [PL 2003, c. 96, §1 (NEW).]
26 M.R.S. § 1411-B — ME Code / Title 26 / Chapter 19 / Section 1411-B
26 §1411-B. Rehabilitation services unit created
Status: in_force

There is created within the department a functional unit of rehabilitation services, which is equal in administrative level and status with the other major administrative units within the department. [PL 1995, c. 560, Pt. F, §13 (NEW).]
26 M.R.S. § 1035 — ME Code / Title 26 / Chapter 12 / Section 1035
26 §1035. Publication of initial proposals
Status: in_force

Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposals may be publicized until 10 days after both parties have made their initial proposal. [PL 1979, c. 125, §3 (NEW).]
26 M.R.S. § 965 — ME Code / Title 26 / Chapter 9-A / Section 965
26 §965. Obligation to bargain
Status: in_force

1. Negotiations. It is the obligation of the public employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purposes of this chapter, their mutual obligation: A. To meet at reasonable times; [PL 1969, c. 424, §1 (NEW).] B. Except as provided in paragraph B‑1 , to meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, as long as the parties have not otherwise agreed in a prior written contract. This obligation is suspended during the period between a referendum approving a new regional school unit and the operational date of the regional school unit, as long as the parties meet at reasonable times during that period; [PL 2021, c. 752, §1 (AMD).] B-1. For a public employer that is a school administrative unit and the bargaining agent representing employees within that school administrative unit, to meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, as long as the parties have not otherwise agreed in a prior written contract, except that explicit waivers of collective bargaining over wages, hours, working conditions and contract grievance arbitration in a prior written contract may not be enforced for purposes of this paragraph. The obligation to meet within 10 days of notice is suspended during the period between a referendum approving a new regional school unit and the operational date of the regional school unit, as long as the parties meet at reasonable times during that period; [PL 2023, c. 95, §1 (AMD).] C. To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession and except that public employers of teachers shall in accordance with subsection 1‑A meet and consult but not negotiate with respect to educational policies, except that educational policies related to preparation and planning time and transfer of teachers are permissive subjects of negotiation; for the purpose of this paragraph, educational policies may not include wages, hours, working conditions or contract grievance arbitration; [PL 2021, c. 96, §1 (AMD).] D. To execute in writing any agreements arrived at, the term of any such agreement to be subject to negotiation but may not exceed 3 years; and [PL 2009, c. 107, §5 (AMD).] E. To participate in good faith in the mediation, fact-finding and arbitration procedures required by this section. [PL 1973, c. 788, §119 (AMD).] [PL 2023, c. 95, §1 (AMD).]

1-A. Meet and consult. The obligation of public employers of teachers and the bargaining agent to meet and consult under subsection 1, paragraph C is governed by this subsection. A. A public employer of teachers shall give written notice to the bargaining agent when a change in educational policy is planned by the public employer of teachers. Upon receipt of the written notice, the bargaining agent may initiate the meet and consult process by notifying the public employer of teachers, including the superintendent. The public employer of teachers may also initiate the meet and consult process by notifying the bargaining agent. [PL 2021, c. 96, §2 (NEW).] B. The public employer of teachers shall, upon receipt of a request from the bargaining agent, provide to the bargaining agent information necessary for the bargaining agent and the employees to understand the planned change and make suggestions or express concerns about the planned change. [PL 2021, c. 96, §2 (NEW).] C. When notice to initiate the meet and consult process is given under paragraph A , authorized representatives of the public employer of teachers and the bargaining agent shall meet and consult at reasonable times and places about the planned change. The parties shall meet and consult openly, honestly and in good faith, and the public employer of teachers shall consider the employees' suggestions and concerns. [PL 2021, c. 96, §2 (NEW).] D. The authorized representatives of the public employer of teachers shall give full and fair consideration to the employees' suggestions and concerns before the change in educational policy is implemented, and the public employer of teachers shall decide in good faith whether employees' suggestions or concerns can be accommodated. [PL 2021, c. 96, §2 (NEW).] E. The bargaining agent may initiate the meet and consult process by notifying the public employer of teachers when an existing educational policy of the public employer is changed by practice or if the written notice required under paragraph A is inadvertently omitted. [PL 2021, c. 96, §2 (NEW).] [PL 2021, c. 96, §2 (NEW).]

2. Mediation. A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation. [PL 1975, c. 564, §13 (AMD).] B. Mediation procedures must be followed whenever either party to a controversy requests such services prior to arbitration, or, in the case of disputes affecting public employers, public employees or their respective representatives as defined, whenever requested by either party prior to arbitration or at any time on motion of the Maine Labor Relations Board or its executive director. Requests for grievance mediation are handled in accordance with paragraph F . [PL 2001, c. 92, §1 (AMD).] C. The Panel of Mediators, 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 a fee for services in the amount of $300 for up to 4 hours of mediation services provided and $300 for each consecutive period of up to 4 hours thereafter and also are entitled to traveling and all other necessary expenses. Notwithstanding the provisions of Title 5, section 12003‑A, subsection 9 , members of the panel who provide mediation services in more than one dispute in a given day are entitled to the compensation as provided in this paragraph in each such case. The necessary expenses incurred by the members must be allocated to the mediation session that required the costs. The costs for services rendered and expenses incurred by members of the panel and any state cost allocation program charges must be shared equally by the parties to the proceedings and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred by members of the 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 2013, c. 553, §1 (AMD).] D. The employer, union or employees involved in collective bargaining shall notify the Executive Director of the Maine Labor Relations Board, in writing, at least 30 days prior to the expiration of a contract, or 30 days prior to entering into negotiations for a first contract between the employer and the employees, or whenever a dispute arises between the parties threatening interruption of work, or under both conditions. [PL 1975, c. 564, §15 (AMD).] E. The Executive Director of the Maine Labor Relations Board shall serve as Executive Director of the Panel of Mediators. The Executive Director of the Maine Labor Relations Board shall annually, on or before the first day of July, make a report to the Governor. The Executive Director of the Maine Labor Relations Board, upon request of one or both of the parties to a dispute between an employer and its employees, shall, or upon the Executive Director of the Maine Labor Relations Board's own motion or motion of the Maine Labor Relations Board may, proffer the services of one or more members of the panel to be selected by the Executive Director of the Maine Labor Relations Board to serve as mediator or mediators in the dispute. The member or members so selected shall exert every reasonable effort to encourage the parties to the dispute to settle their differences by conference or other peaceful means. If the mediator or mediators are unable to accomplish this objective and to obtain an amicable settlement of the dispute between the parties, it is the duty of the mediator or mediators to advise the parties of the services available to assist them in settlement of their dispute. At this time, the mediator or mediators shall submit a written report to the Executive Director of the Maine Labor Relations Board stating the action or actions that have been taken and the results of their endeavors. [RR 2023, c. 2, Pt. E, §51 (COR).] F. The services of the Panel of Mediators must be provided for grievance mediation only when the parties jointly agree to request grievance mediation services. Notwithstanding this option, neither party is obligated under subsection 1 to bargain over the inclusion of grievance mediation procedures in a collective bargaining agreement. The services of the Panel of Mediators are always available as a technique for impasse resolution in contract negotiations and may be invoked as described in paragraph B . [PL 2001, c. 92, §2 (RPR).] G. Any information disclosed by either party to a dispute to the panel or any of its members in the performance of this subsection shall be privileged. [PL 1973, c. 617, §2 (RPR).] [RR 2023, c. 2, Pt. E, §51 (COR).]

3. Fact-finding. A. If the parties, either with or without the services of a mediator, are unable to effect a settlement of their controversy, they may jointly agree either to call upon the Maine Labor Relations Board to arrange for fact-finding services and recommendations to be provided by the Maine Board of Arbitration and Conciliation, or to pursue some other mutually acceptable fact-finding procedure, including use of the Federal Mediation and Conciliation Service or the American Arbitration Association according to their respective procedures, rules and regulations. [PL 1975, c. 564, §17 (RPR).] B. If the parties do not jointly agree to call upon the Maine Labor Relations Board or to pursue some other procedure, either party to the controversy may request the executive director to assign a fact-finding panel. If so requested, the executive director shall appoint a fact-finding panel, ordinarily of 3 members, in accordance with rules and procedures prescribed by the board for making the appointment. The fact-finding panel shall be appointed from a list maintained by the board and drawn up after consultation with representatives of state and local government administrators, agencies with industrial relations and personnel functions and representatives of employee organizations and of employers. Any person who has actively participated as the mediator in the immediate proceedings for which fact-finding has been called may not sit on that fact-finding panel. The panel shall hear the contending parties to the controversy. The panel may request statistical data and reports on its own initiative in addition to the data regularly maintained by the Bureau of Labor Standards, and has the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or pertinent to the issues represented to them. The members of the fact-finding panel shall submit their findings and recommendations only to the parties and to the Executive Director of the Maine Labor Relations Board. [RR 1995, c. 2, §61 (COR).] C. The parties shall have a period of 30 days, after the submission of findings and recommendations from the fact finders, in which to make a good faith effort to resolve their controversy. If the parties have not resolved their controversy by the end of said period, either party or the Executive Director of the Maine Labor Relations Board may, but not until the end of said period unless the parties otherwise jointly agree, make the fact-finding and recommendations public. [PL 1975, c. 564, §17 (RPR).] D. If the parties do not agree to follow the fact-finding procedures outlined in paragraph A, they may jointly apply to the executive director or the executive director's designee to waive fact-finding. The executive director or the executive director's designee may accept or refuse to accept the parties' agreement to waive fact-finding and that decision is not reviewable. [RR 2023, c. 2, Pt. E, §52 (COR).] [RR 2023, c. 2, Pt. E, §52 (COR).]

4. Arbitration. In addition to the 30-day period referred to in subsection 3 , the parties shall have 15 more days, making a total period of 45 days from the submission of findings and recommendations, in which to make a good faith effort to resolve their controversy. If the parties have not resolved their controversy by the end of said 45-day period, they may jointly agree to an arbitration procedure which will result in a binding determination of their controversy. Such determinations will be subject to review by the Superior Court in the manner specified by section 972 . If they do not jointly agree to such an arbitration procedure within 10 days after the end of said 45-day period, then either party may, by written notice to the other, request that their differences be submitted to a board of 3 arbitrators. The bargaining agent and the public employer shall within 5 days of such request each select and name one arbitrator and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The 2 arbitrators so selected and named shall, within 10 days from such request, agree upon and select and name a neutral arbitrator. If either party shall not select its arbitrator or if the 2 arbitrators shall fail to agree upon, select and name a neutral arbitrator within said 10 days, either party may request the American Arbitration Association to utilize its procedures for the selection of the neutral arbitrator. As soon as possible after receipt of such request, the neutral arbitrator will be selected in accordance with rules and procedures prescribed by the American Arbitration Association for making such selection. The neutral arbitrator so selected will not, without the consent of both parties, be the same person who was selected as mediator pursuant to subsection 2 nor any member of the fact-finding board selected pursuant to subsection 3 . As soon as possible after the selection of the neutral arbitrator, the 3 arbitrators or if either party shall not have selected its arbitrator, the 2 arbitrators, as the case may be, shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, make inquiries and investigations, hold hearings, or take such other steps as they deem appropriate. If the neutral arbitrator is selected by utilizing the procedures of the American Arbitration Association, the arbitration proceedings will be conducted in accordance with the rules and procedures of the American Arbitration Association. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the arbitrators may be received in evidence. The arbitrators shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or pertinent to the issues represented to them for determination. If the controversy is not resolved by the parties themselves, the arbitrators shall proceed as follows: With respect to a controversy over salaries, pensions and insurance, the arbitrators shall recommend terms of settlement and may make findings of fact; those recommendations and findings are advisory only and must be made, if reasonably possible, within 30 days after the selection of the neutral arbitrator; the arbitrators may in their discretion make those recommendations and findings public, and either party may make those recommendations and findings public if agreement is not reached with respect to those findings and recommendations within 10 days after their receipt from the arbitrators; the arbitrators shall make determinations with respect to a controversy over subjects other than salaries, pensions and insurance if reasonably possible within 30 days after the selection of the neutral arbitrator; those determinations may be made public by the arbitrators or either party; and, if made by a majority of the arbitrators, those determinations are binding on both parties and the parties shall enter an agreement or take whatever other action that may be appropriate to carry out and effectuate those binding determinations; and those determinations are subject to review by the Superior Court in the manner specified by section 972. The results of all arbitration proceedings, recommendations and awards conducted under this section must be filed with the Maine Labor Relations Board at the offices of its executive director simultaneously with the submission of the recommendations and award to the parties. In the event the parties settle their dispute during the arbitration proceeding, the arbitrator or the chair of the arbitration panel shall submit a report of the arbitrator's or the chair's activities to the Executive Director of the Maine Labor Relations Board not more than 5 days after the arbitration proceeding has terminated. [RR 2023, c. 2, Pt. E, §53 (COR).]

5. Costs. The costs for the services of the mediator, the members of the fact-finding board and of the neutral arbitrator including, if any, per diem expenses, and actual and necessary travel and subsistence expenses and the costs of hiring the premises where any mediation, fact-finding or arbitration proceedings are conducted, must be shared equally by the parties to the proceedings. All other costs must be assumed by the party incurring them. [PL 1991, c. 622, Pt. O, §5 (AMD).]

6. Arbitration administration. The cost for services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as defined in section 931 , and any state cost allocation program charges must be shared equally by the parties to the proceedings and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred by members of the State Board of Arbitration and Conciliation is the responsibility of the executive director. All costs must be paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing. A party who has not paid an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount collected pursuant to this provision remains in the special fund administered by the Maine Labor Relations Board and that fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this provision through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing party in the action. [PL 1991, c. 798, §5 (AMD).]
26 M.R.S. § 850-I — ME Code / Title 26 / Chapter 7 / Section 850-I
26 §850-I. Notice
Status: in_force

1. Posted notice. An employer shall post in a conspicuous place on each of its premises a workplace notice provided or approved by the department providing notice of benefits available under this subchapter. The department shall issue the workplace notice in English, Spanish, French, Somali and Portuguese and any other language that is the primary language of at least 2,000 residents of the State. The employer shall post the workplace notice in English and each language other than English that is the primary language of 3 or more employees of that workplace, if such notice is available from the department. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

2. Written notice. An employer shall issue to each employee not more than 30 days from the beginning date of the employee's employment the following written information provided or approved by the department in the employee's primary language: A. An explanation of the availability of family leave benefits and medical leave benefits provided under this subchapter, including rights to reinstatement of employment and continuation of health insurance; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] B. The employee's contribution amount and obligations under this subchapter; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] C. The name and mailing address of the employer; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] D. The identification number assigned to the employer by the administrator; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] E. Instructions on how to file a claim for family leave benefits or medical leave benefits; [PL 2023, c. 412, Pt. AAA, §7 (NEW).] F. The mailing address, e-mail address and telephone number of the administrator; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).] G. Any other information deemed necessary by the administrator. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] [PL 2023, c. 412, Pt. AAA, §7 (NEW).]

3. Failure to comply. An employer that fails to comply with this section commits a civil violation for which must be assessed, for a first violation, a civil penalty of $50 per employee and $150 per employee for each subsequent violation. The employer has the burden of demonstrating compliance with this section. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
26 M.R.S. § 1043 — ME Code / Title 26 / Chapter 13 / Section 1043
26 §1043. Definitions
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meanings.

1. Agricultural labor. A. On and after January 1, 1978, "agricultural labor" includes any service performed: (1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural, aquacultural, or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife; (2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm; (3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, as amended, 12 U.S.C. 1141J, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes; (4) In the employ of the operator of a farm, in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than 1/2 of the commodity with respect to which such service is performed; in the employ of a group of operators of farms, or a cooperative organization of which such operators are members, in the performance of service described in this subparagraph, but only if such operators produced more than 1/2 of the commodity with respect to which such service is performed. The provisions of this subparagraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for consumption; hatching or processing of poultry, transportation of poultry; grading of eggs or packing of eggs, transportation of eggs; the processing of any meat product or the transportation of any meat product; or to any potato packing business which customarily operates during a regularly recurring period of at least 140 working days in a calendar year; or (5) On a farm operated for profit if such service is not in the course of the employer's trade or business. [PL 1979, c. 515, §1-A (AMD).] B. As used in paragraph A , the term "farm" includes stock, dairy, poultry, fruit, fur-bearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. [PL 1977, c. 570, §1 (NEW).] [PL 1979, c. 515, §1-A (AMD).]

1-A. Annual average weekly wage. "Annual average weekly wage," as used to establish the maximum weekly benefit amount for purposes of this chapter, means 1/52 of aggregate total wages paid in Maine covered employment, as reported on employer contribution reports for the calendar year, divided by the arithmetic mean of midmonth weekly covered employment reported on employer contribution reports for the calendar year. [PL 1985, c. 591, §1 (NEW).]

2. Annual payroll. "Annual payroll" means the total amount of wages paid by an employer during a calendar year, not meaning, however, to include that part of individual wages or salaries in excess of $12,000. [PL 2017, c. 117, §1 (AMD).]

3. Base period. "Base period" means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year; except that, if the first quarter of the last 5 completed calendar quarters was included in the base period applicable to an individual's previous benefit year, that individual's base period is the last 4 completed calendar quarters. In the case of a combined-wage claim pursuant to the arrangement approved by the secretary in accordance with section 1082, subsection 12 , the base period is that applicable under the unemployment compensation law of the paying state. [RR 2023, c. 2, Pt. E, §72 (COR).]

3-A. Alternate base period. For benefit years effective on or after September 27, 1992 for any individual who fails to meet the eligibility requirements of section 1192‑A, subsection 2, paragraph F in the base period as defined in subsection 3 , the Department of Labor shall make a redetermination of eligibility based on a base period that consists of the last 4 completed calendar quarters immediately preceding the first day of the individual's benefit year. This base period is known as the "alternate base period." If wage information for the most recent quarter of the alternate base period is not available to the department from regular quarterly reports of wage information that is systematically accessible, the department shall gather the necessary data in accordance with rules established for this purpose. If the department receives information from the employer that causes a revised monetary determination under this subsection, benefits received prior to that revision may not constitute an overpayment of benefits as long as the claimant did not knowingly misrepresent information requested by the department. Wages that fall within the base period of claims established under this subsection are not available for reuse in qualifying for any subsequent benefit years under section 1192‑A . In the case of a combined-wage claim pursuant to the arrangement approved by the United States Secretary of Labor in accordance with section 1082, subsection 12 , the base period is that base period applicable under the unemployment compensation law of the paying state. [PL 2025, c. 235, §1 (AMD).]

4. Benefits. "Benefits" means the money payments payable to an individual, as provided in this chapter, with respect to that individual's unemployment. [RR 2023, c. 2, Pt. E, §73 (COR).]

5. Benefit year. "Benefit year" means the one-year period beginning with the date with respect to which an insured worker files a request for determination of the worker's insured status, and thereafter the one-year period beginning with the date with respect to which the worker next files such a request after the end of the worker's last preceding benefit year. If an insured worker files a request for determination of the worker's insured status during a week in which one calendar quarter ends and another begins, the benefit year for applicable base period identity purposes is deemed to begin on the first day of the new calendar quarter. A. [PL 1985, c. 591, §2 (RP).] B. [PL 2025, c. 235, §2 (RP).] In the case of a combined-wage claim pursuant to the arrangement approved by the secretary in accordance with section 1082, subsection 12 , the benefit year is that applicable under the unemployment compensation law of the paying state. [PL 2025, c. 235, §2 (AMD).]

5-A. Bureau of Unemployment Compensation. "Bureau" means the Bureau of Unemployment Compensation, the former Division of Unemployment Compensation in the Bureau of Employment Security. [PL 1995, c. 560, Pt. G, §10 (RPR).]

5-A. Bureau of Employment Security. [PL 1979, c. 579, §3 (NEW); PL 1979, c. 651, §47 (RP).]

6. Calendar quarter. "Calendar quarter" means the period of 3 consecutive calendar months ending on March 31st, June 30th, September 30th or December 31st.

6-A. Client company. "Client company" means a person, association, partnership, corporation or other entity that leases employees from an employee leasing company pursuant to contract. [PL 1991, c. 468, §2 (NEW).]

7. Commission. "Commission" means the 3-member Unemployment Insurance Commission. [PL 1983, c. 351, §3 (AMD).]

7-A. Commissioner. "Commissioner" means the Commissioner of Labor. [PL 1981, c. 168, §10 (AMD).]

7-B. Domestic abuse. "Domestic abuse" means any of the following acts between any family or household members or sexual partners whether or not they have lived together: A. Attempting to cause or causing bodily injury or offensive physical contact including sexual assaults; [PL 1991, c. 560, §1 (NEW).] B. Attempting to place or placing another in fear of bodily injury through any course of conduct including, but not limited to, threatening, harassing or tormenting behavior; [PL 1991, c. 560, §1 (NEW).] C. Compelling a person by force, threat of force or intimidation to engage in conduct from which the person has a right or privilege to abstain or to abstain from conduct in which the person has a right to engage; [PL 1991, c. 560, §1 (NEW).] D. Knowingly restricting substantially the movements of another person without that person's consent or other lawful authority by: removing that person from that person's residence, place of business or school; moving that person a substantial distance from the vicinity where that person was found; or confining that person for a substantial period either in the place where the restriction commenced or in a place to which that person has been moved; [PL 1991, c. 560, §1 (NEW).] E. Communicating to a person a threat to commit, or cause to be committed, a crime of violence dangerous to human life against the person to whom the communication is made or another, and the natural and probable consequence of the threat, whether or not that consequence in fact occurs, is to place the person to whom the threat is communicated, or the person against whom the threat is made, in reasonable fear that the crime will be committed; or [PL 1991, c. 560, §1 (NEW).] F. Repeatedly intimidating or harassing a person with the intention of causing fear or intimidation. [PL 1991, c. 560, §1 (NEW).] [PL 1991, c. 560, §1 (NEW).]

8. Money payments to the State Unemployment Compensation Fund. A. "Contributions" means the money payments required by this chapter to be made into the fund by an employer on account of having individuals performing services for the employer. [RR 2023, c. 2, Pt. E, §74 (COR).] B. "Payments in lieu of contributions" means the money payments made into the fund by an employer pursuant to section 1221, subsections 11 and 13 . [PL 1973, c. 555, §6 (RPR).] [RR 2023, c. 2, Pt. E, §74 (COR).]

8-A. Employee leasing company. "Employee leasing company" means a business entity that engages in the business of leasing employees to client companies without the client company severing an employer-employee relationship with the employees for services performed for the client company. [PL 1991, c. 468, §2 (NEW).]

9. Employer. "Employer" means: A. [PL 1979, c. 541, Pt. A, §175 (RP).] A-1. Any employing unit which: (1) During any calendar quarter in either the current or preceding calendar year paid wages of $1,500 or more; or (2) For some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, within either the current or the preceding calendar year, has or had in employment one or more individuals, irrespective of whether the same individual was employed in each such day; [PL 1979, c. 541, Pt. A, §176 (AMD).] B. Any individual or employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another which at the time of such acquisition was an employer subject to this chapter; C. Any individual or employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another employing unit not an employer subject to this chapter and which, if subsequent to such acquisition it were treated as a single unit with such other employing unit, would be an employer under paragraphs A , A‑1 or H ; [PL 1971, c. 538, §5 (AMD).] D. Any employing unit which together with one or more other employing units is owned or controlled, by legally enforceable means or otherwise, directly or indirectly by the same interests, or which owns or controls one or more other employing units, by legally enforceable means or otherwise, and which, if treated as a single unit with such other employing unit, or interests, or both, would be an employer under paragraph A‑1 , H or J ; [PL 1985, c. 348, §1 (AMD).] E. Any employing unit not an employer by reason of any other paragraph of this subsection, for which within either the current or preceding calendar year service in employment is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a State Unemployment Fund; or which, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, pursuant to such Act, to be an employer under this chapter; [PL 1971, c. 538, §5 (AMD).] F. Any employing unit which, having become an employer under paragraphs A , A‑1 , B , C , D , E , G , H , J or K has not, under section 1222 , ceased to be an employer subject to this chapter, or for the effective period of its election pursuant to section 1222, subsection 3 , any other employing unit which has elected to become fully subject to this chapter; [PL 1979, c. 541, Pt. A, §177 (AMD).] G. Any individual or employing unit that acquired any part of the organization, trade or business or assets of another, and the acquired part, had it previously been treated as a separate unit, would have been an employer under paragraphs A , A‑1 , H or J ; [PL 1997, c. 293, §1 (AMD).] H. Any employing unit for which service in employment, as defined in subsection 11, paragraph A‑1 , subparagraph (3) is performed after December 31, 1971; [PL 1971, c. 538, §6 (NEW).] I. Any employing unit for which service in employment, as defined in subsection 11, paragraph A‑1 , subparagraph (1), is performed after December 31, 1971; [PL 1971, c. 538, §6 (NEW).] J. Any employing unit for which agricultural labor as defined in subsection 11, paragraph A‑2 is performed after December 31, 1977; [PL 1977, c. 570, §4 (NEW).] K. Any employing unit for which domestic service in employment as defined in subsection 11, paragraph A‑3 is performed after December 31, 1977; [PL 1977, c. 570, §4 (NEW).] L. In determining whether or not an employing unit for which service, other than domestic service, is also performed is an employer under paragraphs A‑1 , H , I or J , wages earned or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account; or [PL 1979, c. 541, Pt. A, §178 (AMD).] M. In determining whether or not an employing unit for which service, other than agricultural labor, is also performed is an employer under paragraphs A‑1 , H , I or K , the wages earned or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, such employing unit shall be determined an employer for the purposes of paragraph A‑1 . [PL 1977, c. 570, §4 (NEW).] N. If 2 or more related corporations concurrently employ the same individual and compensate that individual through a common paymaster which is one of the corporations, those corporations shall be considered to be a single employer, and each of the corporations shall be considered to have paid as wages to the individual only the amounts actually disbursed by it to the individual and shall not be considered to have paid as wages to the individual amounts actually disbursed to the individual by another of the corporations. [PL 1979, c. 146 (NEW).] [PL 1997, c. 293, §1 (AMD).]

10. Employing unit. "Employing unit" means an individual or type of organization, including a partnership, association, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, that has or subsequent to January 1, 1935 had in its employ one or more individuals performing services for it within this State. On and after January 1, 1978, "employing unit" includes the State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions. All individuals performing services within this State for an employing unit that maintains 2 or more separate establishments within this State are deemed to be employed by a single employing unit for all the purposes of this chapter. Whenever an employing unit contracts with or has under it a contractor or subcontractor for work that is part of its usual trade, occupation, profession or business, unless the employing unit as well as each such contractor or subcontractor is an employer by reason of subsection 9 or section 1222, subsection 3 , the employing unit for all the purposes of this chapter is deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which that individual is engaged in performing such work; except that each such contractor or subcontractor who is an employer by reason of subsection 9 or section 1222, subsection 3 is alone liable for the employer's contributions measured by wages to individuals in the employer's employ and except that an employing unit who becomes liable for and pays contributions with respect to individuals in the employ of any such contractor or subcontractor who is not an employer by reason of subsection 9 or section 1222, subsection 3 may recover the same from the contractor or subcontractor. Each individual employed to perform or to assist in performing the work of an agent or employee of an employing unit is deemed to be employed by the employing unit for all the purposes of this chapter, whether the individual was hired or paid directly by the employing unit or by the agent or employee, as long as the employing unit had actual or constructive knowledge of the work. [RR 2023, c. 2, Pt. E, §75 (COR).]

11. Employment. "Employment," except as otherwise provided in paragraph F , subparagraph (2), means any service performed prior to July 26, 1940 which was employment as defined in this subsection prior to such date, and subject to the other provisions of this subsection service performed after July 26, 1940, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied. If the services performed during 1/2 or more of any pay period by an individual for the person employing that individual constitute employment, all the services of that individual for that period are deemed to be employment; but if the services performed during more than 1/2 of any pay period by an individual for the person employing that individual do not constitute employment, then none of the services of that individual for that period are deemed to be employment. As used in this paragraph, the term "pay period" means a period of not more than 31 consecutive days for which a payment of remuneration is ordinarily made to an individual by the person employing that individual. This paragraph is not applicable with respect to services performed in a pay period by an individual for the person employing that individual when any of such service is excepted by paragraph F , subparagraph (3). A. The term "employment" shall include an individual's entire service, performed within or both within and without this State if: (1) The service is localized in this State; or (2) The service is not localized in any state but some of the service is performed in this State and the base of operations, or if there is no base of operations, then the place from which such service is directed or controlled, is in this State, or the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this State. (3) The term "employment" shall include an individual's service, wherever performed within the United States or Canada, in the employ of an American employer, other than service which is deemed employment under the unemployment compensation law of any other state or Canada, and the place from which the service is directed or controlled is in this State. [PL 1979, c. 515, §2 (AMD).] A-1. After December 31, 1971, employment includes: (1) Notwithstanding paragraph F , except as herein provided, service performed by an individual, prior to January 1, 1978, in the employ of this State or any of its instrumentalities, or in the employ of this State and one or more states or their instrumentalities, for a hospital or institution of higher education located in this State, provided that such service is excluded from employment as defined in the Federal Unemployment Tax Act solely by reason of Section 3306 (c)(7) of that Act and service performed after December 31, 1977, in the employ of this State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions; provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act by Section 3306 (c)(7) of that Act and is not excluded under paragraph F , subparagraph (17); (2) Any service performed by an individual as an agent-driver or commission-driver engaged in laundry or dry-cleaning services, or in distributing meat products, vegetable products, fruit products, bakery products, beverages, other than milk, for that individual's principal; as a traveling or city sales representative, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, that individual's principal, except for side-line sales activities on behalf of some other person, of orders from wholesalers, retailers, contractors or operators of hotels, restaurants or other similar establishments for merchandise for resale or supplies for use in their business operations; (3) Notwithstanding paragraph F , except as herein provided, service performed in the employ of a religious, charitable, educational or other organization that is excluded from the term employment as defined in the Federal Unemployment Tax Act solely by reason of Section 3306 (c)(8) of that Act; and the organization had 4 or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time; and such services are not excluded under paragraph F , subparagraph (17), divisions (a) through (i); (4) The service of an individual who is a citizen of the United States, performed outside the United States, after December 31, 1971, except in Canada, in the employ of an American employer, other than service that is deemed employment under paragraph A , if: (a) The employer's principal place of business in the United States is located in this State; (b) The employer has no place of business in the United States, but the employer is an individual who is a resident of this State; or the employer is a corporation that is organized under the laws of this State; or the employer is a partnership or a trust and the number of the partners or trustees who are residents of this State is greater than the number who are residents of any other state; (c) None of the criteria of divisions (a) and (b) is met but the employer has elected coverage in this State or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this State; or (d) An American employer, for purposes of this subparagraph, means a person who is an individual who is a resident of the United States; or a partnership if 2/3 or more of the partners are residents of the United States; or a trust, if all of the trustees are residents of the United States; or a corporation organized under the laws of the United States or of any state. [PL 2011, c. 691, Pt. A, §26 (AMD).] A-2. After December 31, 1977, employment shall include: (1) Service performed by an individual in agricultural labor as defined in subsection 1 when: (a) Such service is performed for a person who: (i) During any calendar quarter in either the current or preceding calendar year paid wages of $20,000 or more to individuals employed in agricultural labor; or (ii) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment of time. (b) Notwithstanding the provisions of subsection 10 , for the purposes of this paragraph any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of such crew leader: (i) If such crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963, or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment, which is provided by such crew leader; and (ii) If such individual is not an employee of such other person within the meaning of subsection 9 . (c) For the purposes of this paragraph, in the case of any individual who is furnished by a crew leader to perform services in agricultural labor for any other person and who is not treated as an employee of such crew leader under division (b): (i) Such other person and not the crew leader shall be treated as the employer of such individuals; and (ii) The other person must be treated as having paid wages to the individual in an amount equal to the amount of wages paid to the individual by the crew leader, either on the crew leader's own behalf or on behalf of the other person for the service in agricultural labor performed for the other person. (d) For the purposes of this paragraph, the term "crew leader" means an individual who: (i) Furnishes individuals to perform service in agricultural labor for any other person; (ii) Pays either on the crew leader's own behalf or on behalf of the other person the individuals so furnished by the crew leader for the service in agricultural labor performed by the individuals; and (iii) Has not entered into a written agreement with the other person under which the crew leader is designated as an employee of the other person. [RR 2023, c. 2, Pt. E, §§77, 78 (COR).] A-3. After December 31, 1977, the term "employment" shall include domestic service in a private home, local college club or local chapter of a college fraternity or sorority performed for a person who paid wages of $1,000 or more after December 31, 1977, in the current calendar year or the preceding calendar year to individuals employed in such domestic service in any calendar quarter. [PL 1977, c. 570, §11 (NEW).] B. Services performed within this State but not covered under paragraph A shall be deemed to be employment subject to this chapter, if contributions are not required and paid with respect to such services under an unemployment compensation or employment security law of any other state or of the Federal Government. C. Services not covered under paragraph A , and performed entirely without this State, with respect to no part of which contributions are required and paid under an unemployment compensation or employment security law of any other state or of the Federal Government, shall be deemed to be employment subject to this chapter, if the individual performing such services is a resident of this State and the bureau approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this chapter. [PL 1979, c. 651, §§44,47 (AMD).] D. Service is considered to be localized within a state if: (1) The service is performed entirely within a state; or (2) The service is performed both within and outside a state, but the service performed outside a state is incidental to the individual's service within the State, including service that is temporary or transitory in nature or consists of isolated transactions. Notwithstanding any other provisions of this section, "employment" includes all service performed after January 1, 1947 by an officer or member of the crew of an American vessel on or in connection with the vessel, as long as the operating office from which the operations of the vessel operating on navigable waters within, or within and outside, the United States are ordinarily and regularly supervised, managed, directed or controlled is within the State. [PL 2023, c. 405, Pt. A, §99 (RPR).] E. Services performed by an individual for remuneration are considered to be employment subject to this chapter unless it is shown to the satisfaction of the bureau that the individual is free from the essential direction and control of the employing unit, both under the individual's contract of service and in fact, and the employing unit proves that the individual meets all of the criteria in subparagraph (1) and criteria of at least 3 divisions of subparagraph (2). In order for an individual to be considered an independent contractor: (1) The following criteria must be met: (a) The individual has the essential right to control the means and progress of the work except as to final results; (b) The individual is customarily engaged in an independently established trade, occupation, profession or business; (c) The individual has the opportunity for profit and loss as a result of the services being performed for the other individual or entity; (d) The individual hires and pays the individual's assistants, if any, and, to the extent such assistants are employees, supervises the details of the assistants' work; and (e) The individual makes the individual's services available to some client or customer community even if the individual's right to do so is voluntarily not exercised or is temporarily restricted; and (2) At least 3 of the following criteria must be met: (a) The individual has a substantive investment in the facilities, tools, instruments, materials and knowledge used by the individual to complete the work; (b) The individual is not required to work exclusively for the other individual or entity; (c) The individual is responsible for satisfactory completion of the work and may be held contractually responsible for failure to complete the work; (d) The parties have a contract that defines the relationship and gives contractual rights in the event the contract is terminated by the other individual or entity prior to completion of the work; (e) Payment to the individual is based on factors directly related to the work performed and not solely on the amount of time expended by the individual; (f) The work is outside the usual course of business for which the service is performed; or (g) The individual has been determined to be an independent contractor by the federal Internal Revenue Service. [PL 2011, c. 643, §6 (RPR); PL 2011, c. 643, §14 (AFF).] F. The term "employment" does not include: (1) Service performed in the employ of this State, or of any political subdivision thereof, or of any instrumentality of this State or its political subdivisions, except as provided by this subsection; (2) Service performed in the employ of the United States Government or an instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by this chapter, except that on and after January 1, 1940 to the extent that the Congress of the United States has permitted states to require any instrumentalities of the United States to make payments into an unemployment compensation fund under a state unemployment compensation or employment security law, all of the provisions of this chapter are applicable to such instrumentalities and to services performed for such instrumentalities in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services. If this State is not certified for any year by the Secretary of Labor under the federal Internal Revenue Code, Section 3304, the payments required of such instrumentalities with respect to that year must be refunded by the commissioner from the fund in the same manner and within the same period as is provided in section 1225, subsection 5 , with respect to contributions erroneously collected; (3) Service with respect to which unemployment compensation is payable under an unemployment compensation system or employment security system established by an Act of Congress. The commissioner is authorized and directed to enter into agreements with the proper agencies under such an Act of Congress, which agreements become effective 10 days after publication thereof in the manner provided in section 1082, subsection 2 , for regulations, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such an Act of Congress, or who have, after acquiring potential rights to unemployment compensation under such an Act of Congress, acquired rights to benefits under this chapter; (4) Agricultural labor as defined in subsection 1 , except as provided in paragraph A‑2 ; (5) Service performed by an individual who is an alien admitted to the United States to perform agricultural labor pursuant to the United States Immigration and Nationality Act, Sections 214(c) and 101(a) (15) (H); (6) Domestic service in a private home, except as provided in paragraph A‑3 ; (7) Service performed by an individual in the employ of that individual's child or spouse and service performed by a child under 18 years of age in the employ of that child's parent, except for periods of service for which unemployment insurance contributions are paid; (8) Service performed by a student attending an elementary, secondary or postsecondary school while participating in a cooperative program of education and occupational training or on-the-job training that is part of the school curriculum; (9) Service performed with respect to which unemployment compensation is payable under the federal Railroad Unemployment Insurance Act, 52 Stat. 1094 (1938); (10) Service performed in the employ of any other state or any political subdivision thereof or any instrumentality of any one or more of the foregoing that is wholly owned by one or more states or political subdivisions and any services performed in the employ of any instrumentality of one or more other states or their political subdivisions to the extent that the instrumentality is, with respect to such a service, immune under the Constitution of the United States from the tax imposed by Section 3301 of the federal Internal Revenue Code, except as provided in paragraph A‑1 , subparagraph (1); (11) Service performed in any calendar quarter in the employ of any organization exempt from income tax under the federal Internal Revenue Code, Section 501(a) other than an organization described in the federal Internal Revenue Code, Section 401(a), or under Section 521, if the remuneration for such service is less than $150; (12) Service performed in the employ of a foreign government, including service as a consular or other officer or employee or a nondiplomatic representative; (13) Service performed in the employ of an instrumentality wholly owned by a foreign government: (a) If the service is of a character similar to that performed in foreign countries by employees of the United States Government or an instrumentality thereof; and (b) If the commissioner finds that the United States Secretary of State has certified to the United States Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States Government and of instrumentalities thereof; (14) Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law and service performed as an intern in the employ of a hospital by an individual who has completed a 4-year course in a medical school chartered or approved pursuant to state law; (15) Service performed by an individual for a person as a real estate broker, a real estate sales representative, an insurance agent or an insurance solicitor, if all such service performed by that individual for that person is performed for remuneration solely by way of commission; (16) Service performed by an individual under 18 years of age in the delivery or distribution of newspapers or shopping news, except delivery or distribution to any point for subsequent delivery or distribution; (17) Service performed in the employ of any organization that is excluded from the term "employment" as defined in the Federal Unemployment Tax Act solely by reason of 26 United States Code, Section 3306(c)(7) or (8) if: (a) Service is performed in the employ of a church or convention or association of churches or an organization that is operated primarily for religious purposes and that is operated, supervised, controlled or principally supported by a church or convention or association of churches; (b) Service is performed by a duly ordained, commissioned or licensed minister of a church in the exercise of that minister's ministry or by a member of a religious order in the exercise of duties required by that order; (d) Service is performed in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals with intellectual or developmental disabilities who are employed in capacities meeting the conditions set forth in section 666 ; (e) Service is performed as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof by an individual receiving that work relief or work training; (f) Service is performed in the employ of a hospital, as defined in subsection 26 , by a patient of that hospital; (g) Service is performed by an inmate of a custodial or penal institution; (h) Service is performed in the employ of a school, college or university if that service is performed by a student who is enrolled and is regularly attending classes at such a school, college or university; or (i) Service is performed in the employ of a governmental entity referred to in paragraph A‑1 , subparagraph (1) if that service is performed by an individual in the exercise of duties: (i) As an elected official; (ii) As a member of a legislative body or a member of the judiciary of a state or political subdivision of a state; (iii) As a member of the State National Guard or Air National Guard; (iv) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency; (v) In a position that, under or pursuant to the laws of this State, is designated as a major nontenured policy-making or advisory position or a policy-making or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; or (vi) As an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000; (18) Service performed under a booth rental agreement or other rental agreement by: (a) A hairdresser who holds a booth license and operates within another hairdressing establishment; or (b) A tattoo artist if the service performed by the tattoo artist is not subject to federal unemployment tax; (19) Service performed by a barber who holds a booth license and operates within another barbering establishment if operated under a booth rental agreement or other rental agreement; (20) Service performed by a contract interviewer engaged in marketing research or public opinion interviewing when such interviewing is conducted in the field or over the telephone on premises not used or controlled by the person for whom such contract services are being provided; (21) After December 31, 1981, service performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life, unless those services would be included in the definition of "employment" for federal unemployment tax purposes under the Federal Unemployment Tax Act, 26 United States Code, Section 3306(c), as amended. Also included in this exemption are services performed in harvesting shellfish for depuration from designated areas as authorized by Title 12, section 6856 ; (22) Service performed by a member or leader of a musical group, band or orchestra or an entertainer when the services are performed under terms of a contract entered into by the leader or an agent of the musical group, band, orchestra or entertainer with an employing unit for whom the services are being performed, if the leader or agent is not an employer by reason of subsection 9 or of section 1222, subsection 3 ; (23) Service performed in the delivery or distribution of newspapers or magazines to the ultimate consumer by an individual who is compensated by receiving or retaining a commission or profit on the sale of the newspaper or magazine; (24) Service performed by a homeworker in the knitted outerwear industry as those terms are defined, on September 19, 1985, in 29 Code of Federal Regulations, Part 530, Section 530.1; (25) Service performed by a full-time student, as defined in subsection 30 , in the employ of a youth camp licensed under Title 22, section 2495 if the full-time student performed services in the employ of the camp for less than 13 calendar weeks in the calendar year and the camp: (a) Did not operate for more than 7 months in the calendar year and did not operate for more than 7 months in the preceding calendar year; or (b) Had average gross receipts for any 6 months in the preceding calendar year that were not more than 33 1/3% of its average gross receipts for the other 6 months in the preceding calendar year; (26) Service performed by an individual as a home stitcher as long as that employment is not subject to federal unemployment tax; (27) Service performed by a person licensed as a guide as required by Title 12, section 12853 , as long as that employment is not subject to federal unemployment tax; (28) Service performed by a direct seller as defined in 26 United States Code, Section 3508(b)(2). This subparagraph does not include a person selling major improvements or renovations to the structure of a home, business or property; (29) Service performed by lessees of taxicabs, as long as that employment is not subject to federal unemployment tax. This subparagraph may not be construed to affect a determination regarding a lessee's status as an independent contractor for workers' compensation purposes; (30) Service provided by a dance instructor to students of a dance studio when there is a contract between the instructor and the studio under which the instructor's services are not offered exclusively to the studio, the studio does not control the scheduling of the days and times of classes other than beginning and end dates, the instructor is paid by the class and not on an hourly or salary basis, the compensation rate is the result of negotiation between the instructor and the studio and the instructor is given the freedom to develop the curriculum; (31) Service performed by participants enrolled in programs or projects under the Maine Climate Corps Program established pursuant to Title 5, section 3257 or under national service laws including the federal National and Community Service Act of 1990, as amended, 42 United States Code, Section 12501 et seq. and the federal Domestic Volunteer Service Act, as amended, 42 United States Code, Section 4950 et seq.; (32) Service of an author in furnishing text or other material to a publisher who: (a) Does not control the author's work except to propose topics or to edit material submitted; (b) Does not restrict the author from publishing elsewhere; (c) Furnishes neither a place of employment nor equipment for the author's use; (d) Does not direct or control the time devoted to the work; and (e) Pays only for material that is accepted for publication. This exception does not apply if the employment is subject to federal unemployment tax; (33) Service provided by an owner-operator of a truck or truck tractor while it is leased to a motor carrier, as defined in 49 Code of Federal Regulations, Section 390.5 (2000), as long as that employment is not subject to federal unemployment tax; (34) Service performed by a professional investigator, as defined in Title 32, section 8103, subsection 5 , as long as that employment is not subject to federal unemployment tax and the following requirements are met: (a) There is a written contract between the professional investigator and the party requesting services; (b) The professional investigator offering the services operates independently of the party requesting services, except for the time frame and quality of finished work as specified in the contract; (c) Compensation for services is negotiated between the 2 parties and is paid for each service performed; and (d) The party requesting services furnishes neither equipment nor the place of employment to the professional investigator; and (35) Service performed by an individual who volunteers for an employer or governmental entity if the volunteer: (a) Performs hours of service for the employer or governmental entity for civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered. Although a volunteer may receive no compensation, a volunteer may be paid expenses, reasonable benefits or a nominal fee to perform such services; (b) Offers services freely and without pressure or coercion, direct or implied, from an employer; and (c) Is not otherwise employed by the same employer or governmental entity to perform the same type of services as those for which the individual proposes to volunteer. For purposes of this subparagraph, "governmental entity" has the same meaning as in section 1221, subsection 10 . [PL 2025, c. 388, Pt. D, §32 (AMD).] G. Notwithstanding any other provisions of this section, "employment" shall include service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act is required to be covered under this chapter. [PL 1971, c. 538, §13 (AMD).] [PL 2025, c. 388, Pt. D, §32 (AMD).]

12. Employment office. "Employment office" means a free public employment office, or branch thereof, operated by this State or the United States or maintained as a part of a state-controlled system of public employment offices.

13. Employment Security Administration Fund. "Employment Security Administration Fund" means the Employment Security Administration Fund from which administrative expenses under this chapter shall be paid.

14. Fund. "Fund" means the Unemployment Compensation Fund to which all contributions and payments in lieu of contributions required and from which all benefits provided under this chapter shall be paid. [PL 1973, c. 555, §9 (AMD).]

15. Insured work. "Insured work" means employment by employers.

16. State and United States. A. "State" includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. [PL 1977, c. 570, §17 (RPR).] B. The term "United States" when used in a geographical sense includes the States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. [PL 1977, c. 570, §17 (RPR).] C. [PL 1979, c. 515, §4 (RP).] [PL 1979, c. 515, §4 (AMD).]

17. Unemployment, total and partial. "Unemployment, total and partial," means: A. An individual, including corporate officers, is considered "totally unemployed" in any week with respect to which wages are not payable to the individual and during which the individual does not perform services, except that remuneration payable or received as holiday pay is not considered wages for the purpose of this subsection and except that any amounts received from the Federal Government by members of the National Guard and organized reserve, including base pay and allowances, or any amounts received as a volunteer firefighter or a volunteer emergency medical services person, are not considered wages for the purpose of this subsection. [PL 1991, c. 193, §2 (AMD).] B. An individual, including corporate officers, is considered "partially unemployed" in any week of less than full-time work if the individual's wages payable from any source for such week are not $100 or more in excess of the weekly benefit amount the individual would be entitled to receive if totally unemployed and eligible, except that remuneration payable or received as holiday pay is not considered wages for the purpose of this subsection and except that any amounts received from the Federal Government by members of the National Guard and organized reserve, including base pay and allowances, or any amounts received as a volunteer firefighter, a volunteer emergency medical services person or as an elected member of the Legislature, are not considered wages for the purpose of this subsection. On the first Sunday of June 2022 and each first Sunday of June thereafter, the excess earnings cap then in effect must be increased by the increase, if any, in the cost of living. The increase in the cost of living must be measured by the percentage increase, if any, as of December of the previous year over the level as of December of the year preceding that year in the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast Region, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics or its successor agency, with the amount of the excess earnings cap rounded up to the nearest dollar. [PL 2021, c. 456, §1 (AMD).] C. An individual's week of unemployment commences only after the individual's registration at an employment office, except as the commissioner may by rule otherwise prescribe. [PL 2021, c. 456, §2 (AMD).] [PL 2021, c. 456, §§1, 2 (AMD).]

18. Unpaid wages. "Unpaid wages" means wages earned by an employee for employment from employers which remain unpaid because the assets of the employer for whom such employment was rendered are in the custody or control of an assignee for the benefit of creditors, receiver, trustee or any other fiduciary appointed by or under the control of a court of competent jurisdiction and shall, for all the purposes of this chapter, be deemed to be and shall be treated as though such wages had been paid to such employee during the calendar quarter within which such wages were earned. [PL 1973, c. 555, §11 (AMD).]

19. Wages. "Wages" means all remuneration for personal services, including commissions, bonuses, severance or terminal pay, gratuities and the cash value of all remuneration in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash must be estimated and determined in accordance with rules prescribed by the commissioner, except that: A. For purposes of section 1221 , the term "wages" does not include remuneration that exceeds the first $12,000 that is paid in a calendar year to an individual by an employer or the employer's predecessor for employment during any calendar year, unless that remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. The wages of an individual for employment with an employer are subject to this exception whether earned in this State or any other state when the employer-employee relationship is between the same legal entities; [PL 2017, c. 117, §3 (AMD).] B. For purposes of section 1191, subsection 2 ; section 1192‑A, subsection 2, paragraph F ; and section 1221 , the term "wages" does not include: (1) The amount of any payment, including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment, made to, or on behalf of, an employee or any of the employee's dependents under a plan or system established by an employer that makes provision for the employer's employees generally, or for the employer's employees generally and their dependents, or for a class or classes of the employer's employees, or for a class or classes of the employer's employees and their dependents, on account of: (a) Sickness or accident disability, but, in the case of payments made to an employee or any of the employee's dependents, this subparagraph excludes from the term "wages" only payments that are received under a workers' compensation law; (b) Medical or hospitalization expenses in connection with sickness or accident disability; or (c) Death; (1-A) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer or a 3rd party to, or on behalf of, an employee after the expiration of 6 calendar months following the last calendar month in which the employee worked for that employer; (2) The payment by an employing unit, without deduction from the remuneration of the employee, of the tax imposed upon an employee under section 3101 of the Federal Insurance Contributions Act, as amended, with respect to service performed after July 26, 1940, with respect to remuneration paid to an employee for domestic service in a private home of the employer or for agricultural labor; (3) The amount of any payment, other than vacation or sick pay, to an individual after the month in which the individual attains the age of 62, if the individual did not perform services for the employing unit in the period for which such payment is made and is not expected to perform service in the future for the payment; or (4) The amount of any nominal fee or stipend to a volunteer whose service is excluded from the definition of employment pursuant to subsection 11, paragraph F , subparagraph (35); [PL 2025, c. 235, §3 (AMD).] C. With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work includes wages paid for previously uncovered services. For the purposes of this paragraph, the term "previously uncovered services" means services: (1) That were not employment as defined in subsection 11 , and were not services covered pursuant to section 1222 , at any time during the one-year period ending December 31, 1975; and (2) That: (a) Are agricultural labor, as defined in subsection 11, paragraph A‑2 or domestic service as defined in subsection 11, paragraph A‑3 ; or (b) Are services performed by an employee of this State or a political subdivision thereof, or any of their instrumentalities as provided in subsection 11, paragraph A‑1 , subparagraph (1), or by an employee of a nonprofit educational institution that is not an institution of higher education, as provided in subsection 11, paragraph F , subparagraph (17), division (i); except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services; [PL 2011, c. 691, Pt. A, §28 (AMD).] D. Nothing in this subsection may be construed to include as wages any payment that is not included as wages under the Federal Unemployment Tax Act, 26 United States Code, Section 3306(b)(5) and (r), as amended, as of January 1, 1985; and [PL 2017, c. 117, §3 (AMD).] E. Nothing in this subsection may be construed to exclude from wages any remuneration that is: (1) Taxable under any federal law that imposes a tax against which credit may be taken for contributions required to be paid into a state unemployment fund; or (2) Required to be covered under this chapter as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act. [PL 2017, c. 117, §3 (AMD).] [PL 2025, c. 235, §3 (AMD).]

20. Week. "Week" means such period or periods of 7 calendar days as the commissioner may by rule prescribe. The commissioner may, by rule, prescribe that a week is deemed to be "in," "within" or "during" a benefit year that includes any part of such week. [PL 2021, c. 456, §4 (AMD).]

21. Weekly benefit amount. "Weekly benefit amount" means the amount of benefits an individual would be entitled to receive for one week of total unemployment.

22. Regular employment. "Regular employment" means work at the individual's customary trade, occupation, profession or business as opposed to temporary or odd job employment outside of such customary trade, occupation, profession or business.

23. Misconduct. "Misconduct" means a culpable breach of the employee's duties or obligations to the employer or a pattern of irresponsible behavior, which in either case manifests a disregard for a material interest of the employer. This definition relates only to an employee's entitlement to benefits and does not preclude an employer from discharging an employee for actions that are not included in this definition of misconduct. A finding that an employee has not engaged in misconduct for purposes of this chapter may not be used as evidence that the employer lacked justification for discharge. A. The following acts or omissions are presumed to manifest a disregard for a material interest of the employer. If a culpable breach or a pattern of irresponsible behavior is shown, these actions or omissions constitute "misconduct" as defined in this subsection. This does not preclude other acts or omissions from being considered to manifest a disregard for a material interest of the employer. The acts or omissions included in the presumption are the following: (1) Refusal, knowing failure or recurring neglect to perform reasonable and proper duties assigned by the employer; (2) Unreasonable violation of rules that are reasonably imposed and communicated and equitably enforced; (3) Unreasonable violation of rules that should be inferred to exist from common knowledge or from the nature of the employment; (4) Failure to exercise due care for punctuality or attendance after warnings; (5) Providing false information on material issues relating to the employee's eligibility to do the work or false information or dishonesty that may substantially jeopardize a material interest of the employer; (6) Intoxication while on duty or when reporting to work, or unauthorized use of alcohol or cannabis while on duty except for the use of cannabis permitted under Title 22, chapter 558‑C ; (7) Using illegal drugs or being under the influence of such drugs while on duty or when reporting to work; (8) Unauthorized sleeping while on duty; (9) Insubordination or refusal without good cause to follow reasonable and proper instructions from the employer; (10) Abusive or assaultive behavior while on duty, except as necessary for self-defense; (11) Destruction or theft of things valuable to the employer or another employee; (12) Substantially endangering the safety of the employee, coworkers, customers or members of the public while on duty; (13) Conviction of a crime in connection with the employment or a crime that reflects adversely on the employee's qualifications to perform the work; or (14) Absence for more than 2 work days due to incarceration for conviction of a crime. [PL 2019, c. 125, §1 (AMD); PL 2021, c. 669, §5 (REV).] B. "Misconduct" may not be found solely on: (1) An isolated error in judgment or a failure to perform satisfactorily when the employee has made a good faith effort to perform the duties assigned; (2) Absenteeism caused by illness of the employee or an immediate family member if the employee made reasonable efforts to give notice of the absence and to comply with the employer's notification rules and policies; or (3) Actions taken by the employee that were necessary to protect the employee or an immediate family member from domestic violence if the employee made all reasonable efforts to preserve the employment. [PL 1999, c. 464, §2 (NEW).] [PL 2019, c. 125, §1 (AMD); PL 2021, c. 669, §5 (REV).]

24. Insured worker. An "insured worker" is an individual who has been paid wages of at least $250 for insured work in each of 2 different quarters in that individual's base period and has been paid total wages of at least $900 in the base period for insured work. For each individual establishing a benefit year on or after January 1, 1980, an "insured worker" is an individual who has been paid wages equal to or exceeding 2 times the annual average weekly wage for insured work in each of 2 different quarters in that individual's base period and has been paid total wages equal to or exceeding 6 times the annual average weekly wage in the base period for insured work. The annual average weekly wage amount to be used for purposes of this subsection must be that which is applicable at the time the individual files a request for determination of insured status. [PL 2015, c. 329, Pt. A, §15 (AMD).]

25. Institution of higher education. "Institution of higher education" means an educational institution which: A. Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; [PL 1971, c. 538, §16 (NEW).] B. Is legally authorized to provide a program of education beyond high school; [PL 1971, c. 538, §16 (NEW).] C. Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; [PL 1971, c. 538, §16 (NEW).] D. Is a public or other nonprofit institution; and [PL 1971, c. 538, §16 (NEW).] E. Notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in this State are institutions of higher education for purposes of this subsection. [PL 1971, c. 538, §16 (NEW).] [PL 1971, c. 538, §16 (NEW).]

26. Hospital. "Hospital" means an institution which has been licensed, certified or approved by the Department of Health and Human Services as a hospital. [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

27. Domestic service. "Domestic service" includes all service for a person in the operation and maintenance of a private household, local college club or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade, occupation, profession, enterprise or vocation. [PL 1977, c. 570, §20 (NEW).]

28. Governmental entity. "Governmental entity" means the State of Maine and its instrumentalities, political subdivisions and school administrative units as represented by their elected or appointed governing bodies and includes, without limitation, city and town councils, select boards, boards of county commissioners, municipally owned and operated hospitals and administrative entities formed under Title 30‑A, chapter 115 . In the case of school administrative units, governing bodies include, without limitation, municipal school committees, school administrative district directors and community school district school committees. In the case of special purpose districts, governing bodies include, without limitation, boards of directors or trustees. [PL 2021, c. 275, §12 (AMD).]

29. Educational institution. "Educational institution" means any school, including nursery schools and schools of higher education, which is licensed by the State and which provides an organized course of study designed to transfer knowledge, skills, attitudes or abilities under the guidance of a teacher. [PL 1979, c. 250 (NEW).]

30. Full-time student. "Full-time student" for purposes of subsection 11, paragraph F , subparagraph (36), means an individual who: A. Is enrolled as a full-time student at an educational institution; or [PL 1987, c. 17, §2 (NEW).] B. Is between academic years or terms if: (1) The individual was enrolled as a full-time student at an educational institution for the immediately preceding academic year or term; and (2) There is a reasonable assurance that the individual will be so enrolled for the immediately succeeding academic year or term after the period described in subparagraph (1). [PL 1987, c. 17, §2 (NEW).] [PL 1987, c. 17, §2 (NEW).]

31. Mail. "Mail" includes delivery by United States Postal Service, private carrier or electronic mail. [PL 2023, c. 53, §1 (NEW).]