An Act To Protect Employees' Exercise of Workplace Rights
Maine Legislature, Session 130, LD 1338
Committee: Labor and Housing
Sponsors: MILLETT, CUDDY, GERE, PEBWORTH, ROEDER, MIRAMANT
Amends: 26 MRSA §847, 26 MRSA §848

Legislative Document
No. 1338
H.P. 989
House of Representatives, March 30, 2021
An Act To Protect Employees' Exercise of Workplace Rights
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Representatives: CUDDY of Winterport, GERE of Kennebunkport, 
PEBWORTH of Blue Hill, ROEDER of Bangor, Senator: MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §847, as enacted by PL 1987, c. 661, is repealed.
Sec. 2.  26 MRSA §848, as repealed and replaced by PL 2005, c. 228, §1, is repealed.
Sec. 3.  26 MRSA c. 7, sub-c. 13 is enacted to read:
SUBCHAPTER 13
PROHIBITED ACTS AND JUDICIAL ENFORCEMENT
§880.  Prohibited acts
Notwithstanding any provision of this chapter to the contrary, an employer may not:
1.  Unlawful interference or denial of rights.  Interfere with, restrain or deny the 
exercise of or the attempt to exercise any right provided by this chapter, including those 
listed in subsection 2;
2.  Unlawful discrimination against exercise of rights.  Discharge, fine, suspend, 
expel, discipline or in any other manner discriminate against an employee for exercising 
any right provided by this chapter. Such rights include but are not limited to the right to 
request to exercise any rights within this chapter; the right to file a complaint with the 
Department of Labor or courts or to inform any person about an employer's alleged 
violation of any part of this chapter; the right to participate in an investigation, hearing or 
proceeding or to cooperate with or assist the Department of Labor in its investigations of 
alleged violations of any part of this chapter; and the right to inform any person of the 
person's potential rights under this chapter; and
3.  Unlawful discrimination against opposition.  Discharge, fine, suspend, expel, 
discipline or in any other manner discriminate against any employee for opposing any 
practice made unlawful by this chapter.
§880-A.  Judicial enforcement
1.  Injunction and damages.  A civil action may be brought in the appropriate court 
by an employee against any employer to enforce this chapter. The court may enjoin any act 
or practice that violates or may violate this chapter and may order any other equitable relief 
that is necessary and appropriate to redress the violation or to enforce this chapter. The 
court may also:
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 
B.  Order the employer to pay liquidated damages of $100 to the employee for each 
day that the violation continued.
2.  Additional damages.  The court may also 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.
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.
4.  Other penalties preserved.  Nothing in this section may be construed to prohibit 
the imposition of penalties otherwise provided for in this chapter.
§880-B.  Rules
The Department of Labor shall adopt rules to implement this subchapter.  Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 4.  Inconsistencies; report.  The Department of Labor shall review those parts 
of the Maine Revised Statutes governing prohibited acts and judicial enforcement under 
the laws governing employment practices to develop legislation to correct any 
inconsistencies in law that result from this Act.  By December 1, 2021, the Department of 
Labor shall submit the proposed legislation developed pursuant to this section to the Joint 
Standing Committee on Labor and Housing.  The joint standing committee may report out 
a bill relating to the proposed legislation to the Second Regular Session of the 130th 
Legislature.
Sec. 5.  Effective date.  Those sections of this Act that repeal the Maine Revised 
Statutes, Title 26, sections 847 and 848 and enact Title 26, chapter 7, subchapter 13 take 
effect August 1, 2022.
SUMMARY
This bill repeals the sections of law concerning prohibited acts and judicial 
enforcement under the laws governing family medical leave employment practices in the 
Maine Revised Statutes, Title 26, chapter 7 and enacts similar provisions that apply to all 
laws in the same chapter governing employment practices.