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Previous Updates
Earned Paid Leave Amendments
- Accrued, unused leave may be carried over to the following year; and
- Carried over leave may not reduce the total amount of hours of leave an employee is entitled to earn in the following year (up to 40 hours or the accrual limit specified in the employer's paid leave policy, whichever is higher).
Show Up Time/Reporting Time Pay
Certain exemptions apply, including seasonal workers and situations involving adverse weather or employee illness. Employers can avoid liability if they notify employees in good faith before the shift starts that their services will not be needed.
Broadened Domestic Violence Discrimination Protections
Minimum Wages
Paid Family and Medical Leave
Compensation to Underpaid Workers
Equal Pay Law Amended
New Retaliation Penalties
Pay Frequency and Recordkeeping Requirements
Such employees are also exempt from certain recordkeeping requirements.
Tip-Pooling Statute Amended
Captive Audience Meetings
Employers may continue to hold these meetings, but they can no longer compel workers to attend.
Pay Frequency and Recordkeeping Requirements
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- The hours worked;
- The wages paid;
- Date and amount paid; and
- Daily record of the time worked
Paid Family and Medical Leave
Final Pay Law Amended
Maine Human Rights Act
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Limits or prevents their right to report, testify or provide evidence to a federal or state agency that enforces employment or discrimination laws;
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Prevents them from testifying in court in response to legal process; or
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Prohibits them from reporting conduct to a law enforcement agency.
Charges for Direct Deposit
Employers may not charge a fee for paying wages by direct deposit. Direct deposit means the transfer of wages through electronic funds transfer directly into an employee designated account within an accredited financial institution.
Permitted and Prohibited Wage Deductions
Deductions may be made to recoup the overcompensation of wages erroneously paid by an employer. Such deductions are now limited to 5% (previously limited to 10%) if made without the employee's permission. However, 100% may be deducted from the final pay of an employee who voluntarily terminates employment if authorized by the employee in writing (the 5% limit applies to involuntary terminations if the deduction is made without the employee's written authorization).
The following payments are excluded from the definition of overcompensation and therefore are not subject to deductions to recoup an erroneous overpayment:
- Paid leave, time away from work for which the employee receives compensation, and is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these same purposes; paid leave does not include paid short-term or long-term disability, catastrophic leave or similar types of benefits;
- Bonuses;
- Fringe benefits;
- Awards;
- Settlements or insurance proceeds with respect to or in lieu of compensation;
- Expense reimbursements;
- Commissions; and
- Draws or advances against compensation.
Further, an employer that has erroneously overpaid an employee may not recoup more than the amount of the overcompensation paid to the employee in the three years before the date the employer discovered the overpayment.
Amendments to Emergency Responder Leave Law
Effective October 18, 2021, Maine's emergency responder leave law is amended to clarify that an emergency medical services person may also be designated as essential.
The law is also amended to state that the employee must present the policy of the fire department or emergency medical service provider to the employer within 30 days of notifying the employer of the employee's status as a firefighter or emergency medical services person.
Amendments to Wage Overpayment Limitations
Effective October 18, 2021, Maine's law regarding wage overpayments erroneously made by an employer is amended as follows:
- The maximum amount an employer may deduct from the pay of an employee to recover an overpayment without the employee's written permission is reduced from 10% to 5%;
- Paid leave is added to the types of compensation that are excluded from the definition of overcompensation; and
- An employer may not recoup more than the amount of the overcompensation paid to an employee in the three years before the date the employer discovered the overpayment.
Discrimination Against Domestic Violence Victims
Effective October 18, 2021, the Maine Human Rights Act is amended to prohibit discrimination against individuals who have sought and received an order of protection under the state's domestic violence law.
The law applies to any person in the state employing any number of employees, as well as employment agencies and labor organizations.
Amendment to Family and Medical Leave Law
Effective October 18, 2021, Maine's Family and Medical Leave Act is amended to allow a grandparent to request employee family medical leave to care for a grandchild or domestic partner's grandchild who has a serious health condition.
Ban the Box Law
Effective October 18, 2021, Maine has enacted a ban the box law that limits preemployment criminal background inquiries.
Specifically, an employer may not request criminal history information on an initial employee application form or specify on an application form or advertisement that a person with a criminal history may not apply or will not be considered. Exceptions apply if another federal or state law, rule or regulation disqualifies individuals convicted of certain criminal offenses from holding the position.
An employer may inquire about a prospective employee's criminal history during an interview or once the individual has been determined to be otherwise qualified for the position. The employer must give the prospective employee an opportunity to explain the information and circumstances regarding any convictions, including post-conviction rehabilitation.
Maine Human Rights Act (MHRA)
Effective October 18, 2021, the Maine Human Rights Act (MHRA) is amended to prohibit employment discrimination on the basis of an individual's familial status or actual or perceived gender identity.
Familial status means a family unit containing:
- One or more individuals under 18 living with a parent or guardian or the parent or guardian's designee; or
- One or more individuals 18 or older who lack the ability to meet essential requirements for physical health, safety or self-care because of an inability to receive and evaluate information or make or communicate decisions.
Gender identity means the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.
The MHRA is also amended to clarify an employer's obligations regarding the employment of individuals with a physical or mental disability. An employer is not prohibited from terminating or refusing to hire an individual with a physical or mental disability, or subject an employer to any legal liability resulting from the termination of or the refusal to employ the individual with a disability, if the employer establishes that the individual, because of the disability, is unable to:
- Perform job duties, or
- Perform job duties in a manner that would not endanger the individual's or others' health or safety.
December 2020
Paid Leave Law
As a reminder, on Jan. 1, 2021, private employers with more than 10 employees in Maine must provide one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours of paid leave per year. This leave is not just sick time it is for any reason whatsoever. The law does not cover seasonal employees, independent contractors, and employees working fewer than 120 days in any calendar year. Employees begin to earn leave upon hire, but employers may restrict the use of leave until an employee has been employed for 120 days.
Final Rules:
https://www.maine.gov/labor/docs/2020/laborlaws/EarnedPaidLeaveRuleFinalClean.pdf
Required Poster:
https://www.maine.gov/labor/docs/2020/posters/regulationofemployment.pdf
October 2020
Earned Paid Employee Leave Law
On Jan. 1, 2021, private employers with more than 10 employees in Maine must provide one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours of paid leave per year. This leave is not just sick time it is for any reason whatsoever. The law does not cover seasonal employees, independent contractors, and employees working fewer than 120 days in any calendar year.
Employees begin to earn leave upon hire, but employers may restrict the use of leave until an employee has been employed for 120 days. If an employer has a policy of paying out vacation time upon termination of employment then the same policy will apply to earned paid leave. If an employer does not pay out the unused earned paid leave at termination of employment and an employee returns to work within one year, the employee will be entitled to the amount of unused leave at the time of rehire.
Final Rules: https://www.maine.gov/labor/docs/2020/laborlaws/EarnedPaidLeaveRuleFinalClean.pdf
Required Poster: https://www.maine.gov/labor/docs/2020/posters/regulationofemployment.pdf
