An Act to Protect Domestic Workers
Maine Legislature, Session 132, LD 1774
Committee: Labor
Sponsors: TALBOT ROSS, ROEDER
Amends: 26 MRSA §597-A, 26 MRSA §601-A, 26 MRSA §603, 26 MRSA §620-A, 26 MRSA §625-C, 26 MRSA §626-A, 26 MRSA §637, 26 MRSA §664, 26 MRSA §807

Legislative Document
No. 1774
S.P. 692
In Senate, April 24, 2025
An Act to Protect Domestic Workers
Reference to the Committee on Labor suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TALBOT ROSS of Cumberland.
Cosponsored by Representative ROEDER of Bangor and
Senator: TIPPING of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA c. 6, sub-c. 4 is enacted to read:
SUBCHAPTER 4
OCCUPATIONAL SAFETY AND HEALTH OF DOMESTIC WORKERS
§590. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Domestic worker.  "Domestic worker" means an individual who works:
A. For one or more employers; and 
B. In a residence and provides any of the following services: 
(1) Child care services; 
(2) Caretaking services for individuals who are sick, convalescing, elderly or 
disabled; 
(3) Housekeeping services, including laundry and organization services; 
(4) Chef services; 
(5) Butler services; 
(6) Valet services; and 
(7) Any other domestic service. 
"Domestic worker" does not include an individual who is a family member; provides 
house sitting, pet sitting or dog walking services; or provides household repair or 
maintenance services. 
2.  Employer.  "Employer" has the same meaning as in section 806, subsection 3. 
§590-A. Domestic workers; occupational health and safety standards
The bureau shall adopt rules for the protection of the health, safety and welfare of 
domestic workers, including, but not limited to, standards governing safe working and 
housing conditions, including privacy standards for a domestic worker residing at the 
residence of the worker's employer; access to and use of personal protective equipment; 
record keeping; and the duties and responsibilities of the employer, including compliance 
with the rules established under this section. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
§590-B.  Penalties and enforcement
1.  Civil violation.  An employer who violates this subchapter or the rules adopted 
under this subchapter commits a civil violation for which a fine of not less than $100 nor 
more than $1,000 for each violation, payable to the State, may be adjudged.  Each day that 
the violation remains uncorrected following notice to the employer may be counted as a 
separate offense.  The bureau may direct an employer to correct any violations in a manner 
and within a time frame that the bureau determines appropriate to ensure compliance with 
the rules or to protect the public health.  Failure to correct violations within a time frame 
established by the bureau constitutes a separate offense.  The Attorney General may seek 
to enjoin further violation of this subchapter or the rules adopted under this subchapter, in 
addition to any other remedy, on a violation that was not corrected.
2.  Private right of action.  A civil action may be brought against an employer by any 
person aggrieved by a violation of this subchapter or rules adopted under this subchapter.  
If the court finds that the employer violated this subchapter or a rule adopted under this 
subchapter, it may award damages of not less than $100 nor more than $1,000 per plaintiff 
per violation.  In determining the amount of damages to be awarded, the court is authorized 
to consider whether an attempt was made to resolve the issues in dispute before resorting 
to litigation.
Sec. 2.  26 MRSA §597-A is enacted to read:
§597-A.  Employment contracts for domestic workers
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Domestic worker" has the same meaning as in section 590, subsection 1. 
B. "Employer" has the same meaning as in section 806, subsection 3. 
2.  Employment contract; requirements.  An employer may not employ a domestic 
worker without a written employment contract that has been signed and dated by both 
parties.  The employment contract must include, but is not limited to, the following terms 
and conditions:
A. Job duties; 
B. Hourly wage and overtime wage; 
C. Agreed-upon weekly schedule stipulating the number of hours per week; 
D. Payment schedule and method; 
E. The number and duration of rest breaks, in compliance with section 601-A; 
F. Terms of sick leave pay; 
G. Holiday schedule; 
H. Length of contract; and 
I. Any additional agreed-to terms and conditions. 
For the employment of a full-time live-in domestic worker, the employment contract must 
also include room and board conditions and terms regarding the transportation provided. 
A written employment contract required under this section must comply with all other 
applicable protections for domestic workers under federal, state and local laws.  
3.  Employment contract; limitations.  A written employment contract required by 
subsection 2 may not include:
A. A mandatory predispute arbitration agreement for claims made by a domestic 
worker against an employer regarding the local rights of the worker; or 
B. A nondisclosure agreement clause or nondisparagement agreement. 
4.  Employer's due diligence.  An employer shall make reasonable efforts to determine 
the written language the domestic worker would prefer the employment contract required 
by subsection 2 be drafted in and to ensure the contract is written in that language. 
5.  Required resources available.  The bureau shall make available model 
employment contracts that comply with this section in the languages most commonly 
spoken in the State.  If used for employment services, a referral or employment agency 
shall provide domestic workers and employers with information pertaining to the 
employment contract requirements under this section. 
6.  Enforcement and violations.  Enforcement of this section is in accordance with 
this subsection.
A. An employer who violates this section commits a civil violation for which a fine of 
not less than $100 nor more than $1,000 for each violation, payable to the State, may 
be adjudged.  Each day that the violation remains uncorrected following notice to the 
employer may be counted as a separate offense.  The bureau may direct an employer 
to correct any violations in a manner and within a time frame that the bureau determines 
appropriate to ensure compliance with the rules or to protect the public health.  Failure 
to correct violations within a time frame established by the bureau constitutes a separate 
offense.  The Attorney General may seek to enjoin further violation of this section, in 
addition to any other remedy, on a violation that was not corrected.
B. A civil action may be brought against an employer by any person aggrieved by a 
violation of this section.  If the court finds that the employer violated this section, it 
may award damages of not less than $100 nor more than $1,000 per plaintiff per 
violation.  In determining the amount of damages to be awarded, the court is authorized 
to consider whether an attempt was made to resolve the issues in dispute before 
resorting to litigation.
Sec. 3.  26 MRSA §601-A is enacted to read:
§601-A.  Domestic worker rest breaks
1.  Requirement.  Except as provided in subsection 2, an employer shall allow a 
domestic worker, as defined in section 590, subsection 1, an uninterrupted paid rest period 
of not less than 10 minutes for each 4 consecutive hours worked. 
2.  Exceptions.  An employer is exempt from providing a domestic worker the rest 
period required by subsection 1 if the nature of work requires the domestic worker to be 
present at all times, including, but not limited to, child care services and caretaking services 
for individuals who are sick, convalescing, elderly or disabled.  If an employer is exempted 
from providing a domestic worker a rest period under subsection 1, the employer shall 
instead: 
A. Authorize the domestic worker to have an uninterrupted paid 30 minute meal break 
after more than 5 consecutive hours worked.  The rate of pay must be the regular rate 
of pay of the domestic worker; and 
B. Allow, to the extent possible, the domestic worker to engage in personal activities, 
such as resting, eating a meal, drinking a beverage, making a personal call or engaging 
in other personal activities, during the permitted meal break or rest periods under this 
section.
An employer may not impede or discourage a domestic worker from taking meal break or 
rest periods under this section. 
Sec. 4.  26 MRSA §603, sub-§1, ¶C is enacted to read:
C.  "Domestic worker" has the same meaning as in section 590, subsection 1.
Sec. 5.  26 MRSA §603, sub-§2-A is enacted to read:
2-A.  Domestic workers.  An employer may not require a domestic worker to work 
more than 10 hours of overtime in any 2-week period.  An employer shall provide a 
domestic worker with at least 24 consecutive hours of rest in a 7-day period.
Sec. 6.  26 MRSA §603, sub-§5, as enacted by PL 2001, c. 401, §1, is amended to 
read:
5.  Exception for nurse and domestic worker.  Notwithstanding subsection 
subsections 2 and 2-A, a nurse or domestic worker may not be disciplined for refusing to 
work more than 12 consecutive hours.  A nurse may be disciplined for refusing mandatory 
overtime in the case of an unforeseen emergent circumstance when overtime is required as 
a last resort to ensure patient safety.  Any nurse or domestic worker who is mandated to 
work more than 12 consecutive hours, as permitted by this section, must be allowed at least 
consecutive hours of off-duty time immediately following the worked overtime.
This subsection does not apply to overtime for performance of services described in 
subsection 3, paragraph A or C.
Sec. 7.  26 MRSA §620-A is enacted to read:
§620-A.  Domestic workers concerted activity
Notwithstanding any provision of law to the contrary, domestic workers, as defined in 
section 590, subsection 1, have the right to self-organization, to form, join or assist labor 
organizations, to bargain collectively through representatives of their own choosing and to 
engage in other concerted activities for the purpose of collective bargaining or other mutual 
aid or protection and have the right to refrain from such activities.
Sec. 8.  26 MRSA §625-C is enacted to read:
§625-C.  Notice provided to domestic workers
A domestic worker, as defined in section 590, subsection 1, must be provided by the 
worker's employer with 30 days' notice prior to dismissal.
Each day of a notice period fewer than the required 30 days constitutes a separate 
violation for the purposes of section 626-A.  The wages that would have been earned on 
each such day constitute unpaid wages for the purpose of section 626-A.
Sec. 9.  26 MRSA §626-A, first ¶, as amended by PL 2021, c. 404, §2, is further 
amended to read:
Whoever violates any of the provisions of section 600‑A, sections 621‑A to 623 or 
section 625-C, 626, 628, 628‑A, 629 or 629‑B is subject to a forfeiture of not less than $100 
nor more than $500 for each violation.
Sec. 10.  26 MRSA §637, sub-§1, ¶D is enacted to read:
D.  "Domestic worker" has the same meaning as in section 590, subsection 1.
Sec. 11.  26 MRSA §637, sub-§2, as enacted by PL 2019, c. 156, §3 and affected 
by §4, is amended to read:
2.  Earned paid leave.  An employer that employs more than 10 employees, or at least 
one domestic worker, in the usual and regular course of business for more than 120 days in 
any calendar year shall permit each employee to earn paid leave based on the employee's 
base pay as provided in this section.
Sec. 12.  26 MRSA §664, §3-A is enacted to read:
§3-A.  Domestic workers unsociable hours
An employer may not require a domestic worker, as defined in section 590, subsection 
1, to work between the hours of 10 p.m. and 6 a.m. unless 1 1/2 times the regular rate of 
pay of the worker is paid for all hours actually worked during the hours of 10 p.m. to 6 a.m.  
The regular rate of pay of the worker includes all earnings, bonuses, commissions and other 
compensation that is paid or due based on actual work performed and does not include any 
sums excluded from the definition of "regular rate" under the federal Fair Labor Standards 
Act of 1938, 29 United States Code, Section 207(e).
Sec. 13.  26 MRSA §807, sub-§3, as amended by PL 2017, c. 162, §2, is further 
amended to read:
3.  Education and training.  In workplaces with 15 or more employees, and in 
workplaces employing any number of domestic workers, as defined in section 590, 
subsection 1, employers shall conduct an education and training program for all new 
employees within one year of commencement of employment.  Training provided under 
this subsection must include the illegality of sexual harassment; the definition of sexual 
harassment under state and federal laws and federal regulations, including the Maine 
Human Rights Act and the Civil Rights Act of 1964, 42 United States Code, Title VII, 
Sections 2000e to 2000e-17; a description of sexual harassment, utilizing examples; the 
internal complaint process available to the employee; the legal recourse and complaint 
process available through the commission; directions on how to contact the commission; 
and the protection against retaliation as provided under Title 5, section 4553, subsection 
10, paragraph D.  Employers shall conduct additional training for supervisory and 
managerial employees within one year of commencement of employment that includes, at 
a minimum, the specific responsibilities of supervisory and managerial employees and 
methods that these employees must take to ensure immediate and appropriate corrective 
action in addressing sexual harassment complaints.
Education and training programs conducted under this subsection by the State, a county or 
a municipality for its public safety personnel, including, but not limited to, law enforcement 
personnel, corrections personnel and firefighters, may be used to meet training and 
education requirements mandated by any other law, rule or other official requirement.
SUMMARY
This bill establishes occupational health and safety standards for domestic workers by 
directing the Department of Labor, Bureau of Labor Standards to adopt rules regulating the 
employment of domestic workers, requiring employers and employees to sign an 
employment contract and stipulating the rest breaks required for domestic workers and 
limitations on work hours.  The bill also establishes penalties and enforcement for 
violations of these provisions.