reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 6: OCCUPATIONAL SAFETY RULES AND REGULATIONS BOARD › Subchapter 3: HOUSING STANDARDS FOR AGRICULTURAL LABOR › 26 §589. Exemption

§589. Exemption
This subchapter does not apply to a person who, in the ordinary course of that person's business, regularly provides housing to the general public on a commercial basis and who provides to any agricultural laborer similar housing on the same or comparable terms and conditions as provided to the general public. Agricultural labor housing may not be brought within this exception simply by offering lodging to the general public.   [PL 1997, c. 387, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 387, §2 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §591. Examination; definitions

§591. Examination; definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings:   [PL 1985, c. 112, §1 (AMD).]
1.  Employee.
"Employee" means every person who may be permitted, required or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment;
[PL 1985, c. 112, §1 (AMD).]
2.  Employer.
"Employer" means an individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy and any common carrier by rail, motor, water, air or express company doing business in or operating within the State; and
[PL 2011, c. 643, §3 (AMD); PL 2011, c. 643, §14 (AFF).]
3.  Independent contractor.
"Independent contractor" means an individual who qualifies as an independent contractor under section 1043, subsection 11, paragraph E.
[PL 2011, c. 643, §4 (NEW); PL 2011, c. 643, §14 (AFF).]
SECTION HISTORY
PL 1985, c. 112, §1 (AMD). PL 2011, c. 643, §§3, 4 (AMD). PL 2011, c. 643, §14 (AFF).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §591-A. Employee misclassification

§591-A. Employee misclassification
An employer that intentionally or knowingly misclassifies an employee as an independent contractor commits a civil violation for which a fine of not less than $2,000 and not more than $10,000 per violation may be adjudged.   [PL 2011, c. 643, §5 (NEW); PL 2011, c. 643, §14 (AFF).]
A determination of misclassification of a worker as an independent contractor may result in the assessment of penalties under section 1051, 1082 or 1225 or Title 39‑A, section 105‑A or 324.   [PL 2011, c. 643, §5 (NEW); PL 2011, c. 643, §14 (AFF).]
SECTION HISTORY
PL 2011, c. 643, §5 (NEW). PL 2011, c. 643, §14 (AFF).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §592. Charge by employer prohibited

§592. Charge by employer prohibited
No employer may require any employee or accepted applicant for employment to bear the medical expense of an examination when that examination is ordered or required by the employer. No employer may require any employee or accepted applicant for employment to bear the expense of an eye examination ordered or required by the employer that is performed by a person licensed to perform the examinations, except that if an employer orders or requires the eye examination to be performed by a specific type of eye care provider, or specific provider, the employer must pay for the examination only when performed by that specific type of eye care provider or specific provider. An employer may pay for an examination under this section directly or through group health insurance coverage of the employee or may pay in another manner, as long as the employee is not required to bear the expense of that examination, including but not limited to any copayments or other out-of-pocket expenses. Any employer who violates this section commits a civil violation for which a forfeiture not to exceed $50 for each and every violation may be adjudged. It is the duty of the director to enforce this section. Notwithstanding section 591, subsection 2, for the purposes of this section, the term "employer" includes the State, a county, a municipality, a quasi-municipal corporation or any other public employer. For the purposes of this section, the term "accepted applicant" means an applicant who has been offered a job by the employer.   [PL 2013, c. 363, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 620, §13 (AMD). PL 1985, c. 112, §2 (AMD). PL 1989, c. 535 (AMD). PL 2013, c. 363, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §593. Textile piecework

§593. Textile piecework
1.  Posting of specifications.
The occupiers or managers of every textile factory shall post in every room where employees work by piece rate, in legible writing or printing, and in sufficient numbers to be easily accessible to such employees, specifications of the character of each kind of work to be done by them and the rate of compensation, whether paid by the pound or by the pick as registered by the pick clock on each loom. Such specifications in the case of weaving rooms must state the intended and maximum length of a cut or piece, the count per inch of reed and the number of picks per inch, width of loom and width of cloth woven in the loom, and each warp must bear a designating ticket or mark of identification.
[PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Pick clocks.
In mills operating looms engaged in the weaving of cloth or other textiles where weavers are not paid on a per hour or day basis, pick clocks must be placed on each loom in operation, and each weaver must be paid according to the number of picks registered on the pick clock.
[PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Penalties.
The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not more than $50 may be adjudged.   [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who violates this section after having previously violated this section commits a civil violation for which a fine of not more than $100 may be adjudged.   [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A person who violates this section after having previously violated this section 2 or more times commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.   [PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4.  Application.
This section does not apply to so-called gang looms or the weaving of carpets or elastic webbing.
[PL 2003, c. 452, Pt. O, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §O1 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §594. Charge by an employer for an application for employment

§594. Charge by an employer for an application for employment
It is unlawful for an employer to assess a fee or charge a prospective employee in any fashion for requesting, submitting, filing or completing an application for employment with that employer. Any employer who violates this section shall be liable to a penalty of not more than $500 for each violation. It is the duty of the director to enforce this section.   [PL 1983, c. 627 (NEW).]
SECTION HISTORY
PL 1983, c. 627 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §596. Recall period

§596. Recall period
An employee who is temporarily laid off by an employer for over 6 weeks and who is placed on a "recall" or "spare" list by that employer for the purpose of being recalled to work shall have 7 days from receiving notice of a recall to work in which to respond to the notice without discrimination on subsequent recalls by the employer.   [PL 1989, c. 460 (NEW).]
1.  Effect of exercising option.
No employer may remove an employee from a "recall" or "spare" list solely because the employee chooses to exercise the 7-day option under this section. No employer may discriminate against an employee in subsequent recalls to work solely because the employee chooses to exercise the 7-day option under this section.
[PL 1989, c. 460 (NEW).]
2.  Limitations.
Nothing in this section may be construed to:
A. Prevent an employer from offering recall to another employee on the "recall" or "spare" list in the place of an employee who is contacted earlier but who chooses to exercise the 7-day option under this section;   [PL 1989, c. 460 (NEW).]
B. Require an employer to hold a position or an offer of recall open for an employee who exercises the 7-day option under this section; or   [PL 1989, c. 460 (NEW).]
C. Require an employee to wait 7 days before returning to work after receiving a recall notice.   [PL 1989, c. 460 (NEW).]
[PL 1989, c. 460 (NEW).]
SECTION HISTORY
PL 1989, c. 460 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §597. Conditions of employment

§597. Conditions of employment
An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of that employment or otherwise discriminate against any person with respect to the person's compensation, terms, conditions or privileges of employment for using tobacco products outside the course of employment as long as the employee complies with any workplace policy concerning use of tobacco. This section does not prohibit an employer or an agent of an employer from offering a voluntary wellness program that offers incentives for the cessation of use of tobacco products in compliance with applicable federal regulations.   [PL 2017, c. 219, §6 (AMD).]
SECTION HISTORY
PL 1991, c. 366 (NEW). PL 2017, c. 219, §6 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §598. Employment reference immunity

§598. Employment reference immunity
An employer who discloses information about a former employee's job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences. Clear and convincing evidence of lack of good faith means evidence that clearly shows the knowing disclosure, with malicious intent, of false or deliberately misleading information. This section is supplemental to and not in derogation of any claims available to the former employee that exist under state law and any protections that are already afforded employers under state law.   [PL 1995, c. 335, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 335, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §598-A. Prospective employee's social security number

§598-A. Prospective employee's social security number
Except as required by federal law, beginning January 1, 2020, an employer may not request a social security number from a prospective employee on an employment application or during the application process for employment except for the purposes of substance use testing under subchapter 3‑A or a preemployment background check. This section does not apply to an employer's request for a social security number after the employee has been hired.   [PL 2019, c. 567, §1 (AMD).]
SECTION HISTORY
PL 2019, c. 47, §1 (NEW). PL 2019, c. 567, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §599. Broadcasting industry contract

§599. Broadcasting industry contract
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).]
SECTION HISTORY
PL 1999, c. 406, §1 (NEW). PL 2003, c. 225, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §599-B. Restrictive employment agreements

§599-B. Restrictive employment agreements
1.  Definition.
For purposes of this section, "restrictive employment agreement" means an agreement that:
A. Is between 2 or more employers, including through a franchise agreement or a contractor and subcontractor agreement; and   [PL 2019, c. 513, §1 (NEW).]
B. Prohibits or restricts one employer from soliciting or hiring another employer's employees or former employees.   [PL 2019, c. 513, §1 (NEW).]
[PL 2019, c. 513, §1 (NEW).]
2.  Restrictive employment agreements prohibited.
An employer may not:
A. Enter into a restrictive employment agreement; or   [PL 2019, c. 513, §1 (NEW).]
B. Enforce or threaten to enforce a restrictive employment agreement.   [PL 2019, c. 513, §1 (NEW).]
[PL 2019, c. 513, §1 (NEW).]
3.  Penalty; enforcement.
An employer that violates subsection 2 commits a civil violation for which a fine of not less than $5,000 may be adjudged. The Department of Labor is responsible for enforcement of this section.
[PL 2019, c. 513, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 513, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1: CONDITIONS FOR EMPLOYMENT › 26 §600. Concealed firearms in vehicles

§600. Concealed firearms in vehicles
1.  Firearms in vehicles.
An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible. This subsection applies to the State as an employer when a state employee's vehicle is on property owned or leased by the State. This subsection does not authorize an employee or state employee to carry a firearm in a place where carrying a firearm is prohibited by law. For purposes of this section, "state employee" means an employee of the State within the executive branch, the legislative branch or the judicial branch performing services within the scope of that employee's employment.
[PL 2011, c. 537, §1 (AMD).]
2.  Immunity from liability.
An employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to this section, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions. Nothing in this section affects provisions in the Maine Workers' Compensation Act of 1992.
[PL 2011, c. 393, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 393, §1 (NEW). PL 2011, c. 537, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-A: HOURS OF EMPLOYMENT › 26 §601. Rest breaks

§601. Rest breaks
In the absence of a collective bargaining agreement or other written employer-employee agreement providing otherwise, an employee, as defined in section 663, may be employed or permitted to work for no more than 6 consecutive hours at one time unless the employee is given the opportunity to take at least 30 consecutive minutes of rest time, except in cases of emergency in which there is danger to property, life, public safety or public health. This rest time may be used by the employee as unpaid mealtime, but only if the employee is completely relieved of duty.   [PL 2017, c. 219, §7 (AMD).]
1.  Small business.
This section does not apply to any place of employment where:
A. Fewer than 3 employees are on duty at any one time; and   [PL 1985, c. 212 (NEW).]
B. The nature of the work done by the employee allows the employee frequent paid breaks of a shorter duration during the employee's work day.   [PL 2017, c. 219, §7 (AMD).]
[PL 2017, c. 219, §7 (AMD).]
SECTION HISTORY
PL 1985, c. 212 (NEW). PL 2017, c. 219, §7 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-A: HOURS OF EMPLOYMENT › 26 §602. Enforcement and penalty

§602. Enforcement and penalty
The following provisions govern the enforcement of this subchapter.   [PL 1985, c. 212 (NEW).]
1.  Violation.
Any employer who violates this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 for each violation may be adjudged.
[PL 1985, c. 212 (NEW).]
2.  Discharge or discrimination.
Any employer who discharges or in any other manner discriminates against any employee because the employee makes a complaint to the director, the district attorney or the Attorney General concerning a violation of this subchapter, commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
[PL 1985, c. 212 (NEW).]
3.  Injunction.
If any provision of this subchapter is violated, the Attorney General may seek an injunction in the Superior Court to enjoin any further violations or to compel the reinstatement of an employee discharged or discriminated against as described in subsection 2.
[PL 1985, c. 212 (NEW).]
SECTION HISTORY
PL 1985, c. 212 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-A: HOURS OF EMPLOYMENT › 26 §604. Nursing mothers in the workplace

§604. Nursing mothers in the workplace
An employer, as defined in section 603, subsection 1, paragraph A, shall provide adequate unpaid break time or permit an employee to use paid break time or meal time each day to express breast milk for her nursing child for up to 3 years following childbirth. The employer shall make reasonable efforts to provide a clean room or other location, other than a bathroom, where an employee may express breast milk in privacy. An employer may not discriminate in any way against an employee who chooses to express breast milk in the workplace.   [PL 2009, c. 84, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 84, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-B: EMPLOYMENT AGENCIES › 26 §611. Definitions

§611. Definitions
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1985, c. 623, §1 (NEW).]
1.  Employment agency.
"Employment agency" means any person who conducts a full-time or part-time service for the purpose of procuring or attempting to procure permanent or temporary employment or engagement for persons seeking employment or engagement, or for giving information about where employment or engagement may be procured when a fee paid by the employee is charged for that service. Employment agencies do not include teachers' agencies, nurses' associations, charitable institutions, arrangers of employment for seamen and professional or occupational associations which serve only their own membership and which charge only a nominal fee, and persons employed by a public or private nonprofit agency.
[PL 1985, c. 623, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 623, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-B: EMPLOYMENT AGENCIES › 26 §612. Fees charged to applicants for employment; receipt

§612. Fees charged to applicants for employment; receipt
1.  Placement fee.
The placement fee charged to an applicant for employment by an employment agency shall not exceed the equivalent of the first full week's gross wages. This fee shall be in full compensation for all services of the employment agency. If for any reason employment terminates in less than one month, the fee shall be adjusted so as not to exceed 10% of the wages earned.
[PL 1985, c. 623, §1 (NEW).]
2.  Terms of payment of fee for placement.
If the placement fee charged to an applicant for employment is paid weekly, 1/8 of the fee shall be paid each week for the first 8 weeks of employment; if paid semi-monthly, each payment shall be 1/4 of the total fee; and if paid monthly, each payment shall be 1/2 of the total fee.
[PL 1985, c. 623, §1 (NEW).]
3.  Receipt given to an applicant for employment.
Every employment agency shall give to each applicant for employment, from whom a fee or other consideration is received, a receipt which must show the name of the applicant for employment, the amount of the fee, any balance due, the date, name or nature of the employment or situation procured and the name and address of the employer.
[PL 1985, c. 623, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 623, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-B: EMPLOYMENT AGENCIES › 26 §612-A. Municipal licensing

§612-A. Municipal licensing
This subchapter may not be construed to prevent a municipality from acting under its home rule authority granted by Title 30‑A, section 3001 and by the Constitution of Maine, Article VIII, Part Second, to license or regulate the business of employment agencies or to require a bond.   [PL 1991, c. 824, Pt. A, §55 (AMD).]
SECTION HISTORY
PL 1987, c. 583, §2 (NEW). PL 1991, c. 824, §A55 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-B: EMPLOYMENT AGENCIES › 26 §613. Enforcement penalty

§613. Enforcement penalty
1.  Violation.
Any employment agency which violates this subchapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 for each violation may be adjudged.
[PL 1985, c. 623, §1 (NEW).]
2.  Civil action.
An action may be brought by the injured party, the Attorney General, the Department of Labor or any municipality which has issued a license to the employment agency in accordance with section 612‑A.
[PL 1987, c. 583, §3 (AMD).]
SECTION HISTORY
PL 1985, c. 623, §1 (NEW). PL 1987, c. 583, §3 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-C: EMPLOYEE SOCIAL MEDIA PRIVACY › 26 §615. Definitions

§615. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2015, c. 343, Pt. B, §1 (NEW).]
1.  Applicant.
"Applicant" means an applicant for employment.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
2.  Employee.
"Employee" means an individual who provides services or labor for an employer for wages or other remuneration.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
3.  Employer.
"Employer" means a person in this State who employs individuals and includes the State and political subdivisions of the State. "Employer" includes a person acting in the interest of an employer directly or indirectly.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
4.  Social media account.
"Social media account" means an account with an electronic medium or service through which users create, share and view user-generated content including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online service accounts and Internet website profiles and locations. "Social media account" does not include an account opened at an employer's behest or provided by an employer or intended to be used primarily on behalf of an employer.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 343, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-C: EMPLOYEE SOCIAL MEDIA PRIVACY › 26 §616. Prohibitions

§616. Prohibitions
An employer may not:   [PL 2015, c. 343, Pt. B, §1 (NEW).]
1.  Passwords.
Require or coerce an employee or applicant to disclose, or request that an employee or applicant disclose, the password or any other means for accessing a personal social media account;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
2.  Access in presence.
Require or coerce an employee or applicant to access, or request that an employee or applicant access, a personal social media account in the presence of the employer or an agent of the employer;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
3.  Information.
Require or coerce an employee or applicant to disclose any personal social media account information;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
4.  Contacts.
Require or cause an employee or applicant to add anyone, including the employer or an agent of the employer, to the employee's or applicant's list of contacts associated with a personal social media account;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
5.  Settings.
Require or cause an employee or applicant to alter, or request that an employee or applicant alter, settings that affect a 3rd party's ability to view the contents of a personal social media account;
[PL 2015, c. 343, Pt. B, §1 (NEW).]
6.  Employees.
Discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize an employee for the employee's refusal to disclose or provide access to information as specified in subsection 1, 2 or 3 or for refusal to add anyone to the employee's list of contacts associated with a personal social media account as specified in subsection 4 or to alter the settings associated with a personal social media account as specified in subsection 5; or
[PL 2015, c. 343, Pt. B, §1 (NEW).]
7.  Applicants.
Fail or refuse to hire an applicant as a result of the applicant's refusal to disclose or provide access to information specified in subsection 1, 2 or 3 or refusal to add anyone to the applicant's list of contacts associated with a personal social media account as specified in subsection 4 or to alter the settings associated with a personal social media account as specified in subsection 5.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 343, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-C: EMPLOYEE SOCIAL MEDIA PRIVACY › 26 §617. Exceptions

§617. Exceptions
1.  Publicly available information.
This subchapter does not apply to information about an applicant or employee that is publicly available.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
2.  Duty to screen or supervise.
This subchapter does not prohibit or restrict an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications that is established by a self-regulatory organization as defined by the federal Securities Exchange Act of 1934, 15 United States Code, Section 78c(a)(26) or under state or federal law, regulation or rule to the extent necessary to supervise communications of regulated financial institutions or insurance or securities licensees for banking-related, insurance-related or securities-related business purposes.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
3.  Investigation.
This subchapter does not prohibit or restrict an employer from requiring an employee to disclose personal social media account information that the employer reasonably believes to be relevant to an investigation of allegations of employee misconduct or a workplace-related violation of applicable laws, rules or regulations if requiring the disclosure is not otherwise prohibited by law, as long as the information disclosed is accessed and used solely to the extent necessary for purposes of that investigation or a related proceeding.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 343, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-C: EMPLOYEE SOCIAL MEDIA PRIVACY › 26 §618. Workplace policies

§618. Workplace policies
This subchapter does not limit an employer's right to promulgate and maintain lawful workplace policies governing the use of the employer's electronic equipment, including a requirement that an employee disclose to the employer the employee's user name, password or other information necessary to access employer-issued electronic devices, including but not limited to cellular telephones and computers, or to access employer-provided software or e-mail accounts.   [PL 2015, c. 343, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 343, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-C: EMPLOYEE SOCIAL MEDIA PRIVACY › 26 §619. Penalties for violation

§619. Penalties for violation
An employer who violates this subchapter is subject to a fine imposed by the Department of Labor of not less than $100 for the first violation, not less than $250 for the 2nd violation and not less than $500 for each subsequent violation.   [PL 2015, c. 343, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 343, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 1-D: GENERAL PROVISIONS › 26 §620. Actions intended to prevent exercise of protected rights

§620. Actions intended to prevent exercise of protected rights
An employer that takes action intended to prevent or penalize a person from exercising rights protected under this chapter commits a civil violation for which a fine of not less than $500 nor more than $1,000 for each violation may be adjudged, in addition to any other remedy available under this chapter. The Department of Labor and the Attorney General may file a civil action to enforce this section.   [PL 2023, c. 282, §1 (NEW).]
This section may not be construed to limit or restrict the rights of an individual to seek other available remedies in a separate legal action.   [PL 2023, c. 282, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 282, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §621. Time of payment (REPEALED)

§621. Time of payment
(REPEALED)
SECTION HISTORY
PL 1983, c. 778 (RPR). PL 1995, c. 340, §1 (AMD). PL 1999, c. 465, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §622. Records

§622. Records
Every employer shall keep a true record showing the date and amount paid to each employee pursuant to section 621‑A. Every employer shall keep a daily record of the time worked by each such employee, except salaried employees as described in section 663, subsection 3, paragraph K. Records required to be kept by this section must be accessible to any representative of the department at any reasonable hour. This section and section 621‑A do not excuse any employer subject to section 774 from keeping the records required by that section.   [RR 2023, c. 1, Pt. A, §23 (COR).]
SECTION HISTORY
PL 1975, c. 113, §1 (AMD). PL 1999, c. 465, §3 (RPR). PL 2017, c. 219, §10 (AMD). PL 2023, c. 124, §3 (AMD). RR 2023, c. 1, Pt. A, §23 (COR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §623. Exemptions

§623. Exemptions
Sections 621‑A and 622 do not apply to an employee of a limited liability partnership and do not apply to an employee of an S corporation or a cooperative corporation or association if the employee is a stockholder of the corporation or association, unless the employee requests the association or corporation to pay that employee in accordance with section 621‑A. Except as provided in section 621‑A, subsection 3, 4 and 5, a corporation, contractor, person or partnership may not by a special contract with an employee or by any other means exempt itself from this section and sections 621‑A and 622.   [PL 2023, c. 124, §4 (AMD).]
SECTION HISTORY
PL 1973, c. 40 (AMD). PL 1975, c. 113, §2 (AMD). PL 1999, c. 465, §4 (AMD). PL 1999, c. 790, §P2 (AMD). PL 1999, c. 790, §P3 (AFF). PL 2005, c. 18, §2 (AMD). PL 2023, c. 124, §4 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §625. Notice of intention to quit

§625. Notice of intention to quit
Any person, firm or corporation engaged in any manufacturing or mechanical business may contract with adult or minor employees to give one week's notice of intention on such employee's part to quit such employment under a penalty of forfeiture of one week's wages. In such case, the employer shall be required to give a like notice of intention to discharge the employee, and on failure, shall pay to such employee a sum equal to one week's wages. No such forfeiture shall be enforced when the leaving or discharge of the employee is for a reasonable cause. The enforcement of the penalty shall not prevent either party from recovering damages for a breach of the contract of hire.
SECTION HISTORY
PL 1971, c. 452 (AMD). PL 1973, c. 545 (AMD). PL 1975, c. 512, §§1,2 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §625-A. Severance pay (REPEALED)

§625-A. Severance pay
(REPEALED)
SECTION HISTORY
PL 1975, c. 512, §3 (NEW). PL 1975, c. 717, §4 (AMD). PL 1979, c. 663, §156 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §626-A. Penalties

§626-A. Penalties
Whoever violates any of the provisions of section 600‑A, sections 621‑A to 623 or section 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.   [PL 2021, c. 404, §2 (AMD).]
Any employer is liable to the employee or employees for the amount of unpaid wages and health benefits. Upon a judgment being rendered in favor of any employee or employees, in any action brought to recover unpaid wages or health benefits under this subchapter, such judgment includes, in addition to the unpaid wages or health benefits adjudged to be due, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages.   [PL 1993, c. 648, §1 (AMD).]
Remedies for unpaid wages do not become available to the employee except as follows. If the wages are clearly due without a bona fide dispute, remedies are available to the employee 8 days after the due date for payment. If there is a bona fide dispute at the time payment is due, remedies become available to the employee 8 days after demand when the wages are, in fact, due and remain unpaid.   [PL 1999, c. 465, §5 (NEW).]
The action for unpaid wages or health benefits may be brought by either the affected employee or employees or by the Department of Labor. The Department of Labor is further authorized to supervise the payment of the judgment, collect the judgment on behalf of the employee or employees and collect fines incurred through violation of this subchapter. When the Department of Labor brings an action for unpaid wages or health benefits, this action and an action to collect a civil forfeiture may both be joined in the same proceeding.   [PL 1993, c. 648, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 113, §5 (NEW). PL 1975, c. 623, §37-C (AMD). PL 1975, c. 770, §114 (AMD). PL 1983, c. 652, §§2,3 (AMD). PL 1993, c. 648, §1 (AMD). PL 1999, c. 465, §5 (AMD). PL 2019, c. 35, §2 (AMD). PL 2021, c. 404, §2 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §626-B. Collective bargaining exceptions (REPEALED)

§626-B. Collective bargaining exceptions
(REPEALED)
SECTION HISTORY
PL 1975, c. 113, §5 (NEW). PL 1999, c. 465, §6 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §627. Assignment of wages

§627. Assignment of wages
No assignment of wages is valid against any other person than the parties thereto, unless such assignment is recorded by the clerk in the office of the Secretary of State. No such assignment of wages may be valid against the employer, unless he has actual notice thereof.   [PL 1987, c. 184, §24 (AMD).]
An assignment of wages executed in satisfaction of a child support obligation shall have absolute priority over all previously filed orders against earnings entered pursuant to Title 14, section 3127‑B and former section 3137, and over any other assignment of wages, which orders and assignments were entered after July 24, 1984.   [PL 1987, c. 184, §24 (AMD).]
SECTION HISTORY
PL 1983, c. 782, §5 (AMD). PL 1987, c. 184, §24 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §628. Equal pay

§628. Equal pay
This section may be known and cited as "the Maine Equal Pay Law."   [PL 2023, c. 266, §1 (NEW).]
An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. An employer may not discriminate between employees in the same establishment on the basis of race by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of another race for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. Differentials that are paid pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of sex or race are not within the prohibitions in this section. An employer may not discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this section. An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about or disclosing another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Nothing in this section creates an obligation to disclose wages.   [PL 2023, c. 266, §1 (AMD).]
The Department of Labor shall annually report to the joint standing committee of the Legislature having jurisdiction over labor matters on progress made in the State to comply with this section. The report must be issued annually on Equal Pay Day as designated pursuant to Title 1, section 145.   [PL 2003, c. 688, Pt. B, §7 (AMD).]
SECTION HISTORY
PL 1965, c. 150 (AMD). PL 1983, c. 652, §4 (AMD). PL 2001, c. 304, §2 (AMD). PL 2003, c. 688, §B7 (AMD). PL 2009, c. 29, §1 (AMD). PL 2019, c. 35, §3 (AMD). PL 2023, c. 266, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §628-A. Compensation history inquiry prohibited

§628-A. Compensation history inquiry prohibited
1.  Legislative findings and intent.
The Legislature finds that despite requirements regarding equal pay having been a part of the laws of Maine since 1965, wage inequality is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens and to the economy of the State. The Legislature finds that when employers base compensation decisions on compensation history of a prospective employee, it directly perpetuates this wage inequality. An employer's knowledge of a prospective employee's compensation history is directly related to the practice of basing compensation decisions on compensation history. It is the intent of the Legislature to promote the payment of equal compensation for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility and to prevent unlawful employment discrimination with respect to compensation.
[PL 2019, c. 35, §4 (NEW).]
2.  Prohibition.
An employer may not use or inquire about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee unless an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee, after which the employer may inquire about or confirm the prospective employee's compensation history.
[PL 2019, c. 35, §4 (NEW).]
3.  Exception.
This section does not apply to an employer who inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes.
[PL 2019, c. 35, §4 (NEW).]
4.  Penalty.
This section may be enforced pursuant to section 626‑A. The civil action provided pursuant to section 626‑A may be brought to enforce this section by or on behalf of a person affected by a violation of subsection 2 or by the Department of Labor on behalf of a person affected by a violation of subsection 2, and the plaintiff or plaintiffs may also seek judgment for compensatory damages.
[PL 2019, c. 35, §4 (NEW).]
SECTION HISTORY
PL 2019, c. 35, §4 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §629. Unfair agreements

§629. Unfair agreements
1.  Work without compensation; return of compensation.
A person, firm or corporation may not require or permit any person as a condition of securing or retaining employment to work without monetary compensation or when having an agreement, oral, written or implied, that a part of such compensation should be returned to the person, firm or corporation for any reason other than for the payment of a loan, debt or advance made to the person, or for the payment of any merchandise purchased from the employer or for sick or accident benefits, or life or group insurance premiums, excluding compensation insurance, that an employee has agreed to pay, or for rent, light or water expense of a company-owned house or building. This section does not apply to work performed in agriculture or in or about a private home.
[PL 2007, c. 524, §1 (RPR).]
2.  Debt.
For purposes of this subchapter, "debt" means a benefit to the employee. "Debt" does not include items incurred by the employee in the course of the employee's work or dealing with customers on the employer's behalf, such as cash shortages, inventory shortages, dishonored checks, dishonored credit cards, damages to the employer's property in any form or any merchandise purchased by a customer. “Debt” does not include uniforms, personal protective equipment or other tools of the trade that are considered to be primarily for the benefit or convenience of the employer. As used in this subsection, “uniforms” means shirts or other items of clothing bearing the company name or logo. The employer may not mandate that an employee pay for the cleaning and maintenance of a uniform, but may have a written agreement whereby the employee chooses to have a payroll deduction for the cost of cleaning and maintenance.
[PL 2007, c. 524, §1 (RPR).]
3.  Penalty.
An employer is liable to an employee for the amount returned to the employer by that employee as prohibited in this section.
[PL 2007, c. 524, §1 (RPR).]
4.  Deduction of service fees.
Public employers may deduct service fees owed by an employee to a collective bargaining agent from the employee's pay, without signed authorization from the employee, and remit those fees to the bargaining agent, as long as:
A. The fee obligation arises from a lawfully executed and implemented collective bargaining agreement; and   [PL 2007, c. 524, §1 (RPR).]
B. In the event a fee payor owes any arrears on the payor's fee obligations, the deduction authorized under this subsection may include an installment on a payment plan to reimburse all arrears, but may not exceed in each pay period 10% of the gross pay owed.   [PL 2007, c. 524, §1 (RPR).]
[PL 2007, c. 524, §1 (RPR).]
SECTION HISTORY
PL 1981, c. 285 (AMD). PL 1983, c. 652, §5 (AMD). PL 2007, c. 357, §1 (AMD). PL 2007, c. 415, §1 (RPR). PL 2007, c. 524, §1 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §629-A. Fringe benefits as wages

§629-A. Fringe benefits as wages
Whenever a person ceases to be employed because of the insolvency of his employer, if in claiming from the employer wages earned but not yet paid to him, the term "wages earned" shall include all fringe benefits earned by the employee that were considered in the employment contract, including plans for retirement, insurance, health care and vacations.   [PL 1977, c. 448 (NEW).]
SECTION HISTORY
PL 1977, c. 448 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 2: WAGES AND MEDIUM OF PAYMENT › 26 §630. Written statement of reason for termination of employment

§630. Written statement of reason for termination of employment
An employer shall, upon written request of the affected employee, give that employee the written reasons for the termination of that person's employment. An employer who fails to satisfy this request within 15 days of receiving it may be subject to a forfeiture of not less than $50 nor more than $500. An employee may bring an action in the District Court or the Superior Court for such equitable relief, including an injunction, as the court may consider to be necessary and proper. The employer may also be required to reimburse the employee for the costs of suit, including a reasonable attorney's fee if the employee receives a judgment in the employee's favor. This section does not apply to public employees in proceedings governed by Title 1, section 405.   [PL 1997, c. 356, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 420 (NEW). PL 1979, c. 175 (AMD). PL 1997, c. 356, §1 (AMD).