An Act to Clarify Indemnification When Seeking Remedy for Labor
Maine Legislature, Session 132, LD 2049
Sponsors: BECK, TALBOT ROSS, FECTEAU, DAUGHTRY
Amends: 26 MRSA §1318

Legislative Document
No. 2049
H.P. 1373
House of Representatives, December 11, 2025
An Act to Clarify Indemnification When Seeking Remedy for Labor 
Law Violations
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 9, 2025.  Referred to the Committee on 
Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BECK of South Portland.
Cosponsored by Senator TALBOT ROSS of Cumberland and
Representatives: Speaker FECTEAU of Biddeford, GEIGER of Rockland, MACIAS of 
Topsham, Senators: President DAUGHTRY of Cumberland, TIPPING of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1318 is enacted to read:
§1318.  Joint and several liability
1.  Contractors and construction subcontractors.  A contractor and the contractor's 
construction subcontractor in the construction industry that is responsible for performing 
or directing craft work are jointly and severally liable to the construction subcontractor's 
employees for the construction subcontractor's violation of this chapter or chapter 7. 
Except as otherwise provided in an executed and enforceable contract between a contractor 
and a construction subcontractor, the construction subcontractor shall indemnify the 
contractor for any wages, damages, interest, penalties and attorney's fees owed as a result 
of the construction subcontractor's violation of this chapter or chapter 7, unless the violation 
was due to the lack of prompt payment in accordance with the terms of the contract between 
the contractor and the construction subcontractor. 
For the purposes of this subsection, "construction subcontractor" has the same meaning as 
in Title 39-A, section 105-A, subsection 1, paragraph B.
2.  Employment agencies and employers.  An employment agency that employs an 
employee who performs work on behalf of or for the benefit of another employer pursuant 
to a temporary staffing arrangement or contract for services is, together with the employer, 
jointly and severally liable for violation of this chapter or chapter 7. 
Except as otherwise provided in an executed and enforceable contract between an 
employment agency and an employer, the employment agency shall indemnify the 
employer for any wages, damages, interest, penalties and attorney's fees owed as a result 
of the employment agency's violation of this chapter or chapter 7. 
SUMMARY
This bill establishes joint and several liability of contractors and subcontractors in the 
construction industry, and employment agencies and employers, for violations of labor 
laws under the Maine Revised Statutes, Title 26, chapters 7 and 15. It also requires 
subcontractors to indemnify contractors and employment agencies to indemnify employers 
for any wages, damages, interest, penalties and attorney's fees owed as a result of the 
subcontractor's violation or the employment agency's violation of Title 26, chapter 7 or 15.