Notification and Posting of Employment Law Violations
Effective July 29, 2026, the Maine Department of Labor's Bureau of Labor Standards (BLS) is authorized to issue a Notice of Violation to any employer it determines to have violated an employment law under Title 26, Chapter 7 of the state statutes, including but not limited to the leave, wage and hour, payroll, fair employment and child labor laws.
Employers issued a Notice of Violation must prominently post the Notice in a conspicuous location in the workplace that is accessible to employees or, if no such location exists, deliver copies of the Notice to each employee in a reasonable manner.
If a Notice of Violation covers a defined time period, the employer also must notify all employees employed during that time period. Mail, e-mail and text messages are acceptable methods by which to notify employees, as long as they are in the same language in which the employer typically communicates with the affected employees.
The BLS also is granted increased authority to investigate violations and impose penalties.
The second regular session of Maine's 132nd legislature adjourned April 29, 2026, making the general effective date for nonemergency laws passed during that session July 29, 2026.
Effective July 29, 2026, Maine employers with 10 or more employees must include a pay range in any job posting intended to recruit applicants for a specific available position.
An exception applies if the role is paid solely on a commission basis.
In addition, all employers will be required to:
- Disclose the pay range for an employee's current role upon the employee's request; and
- Keep records of each position held by an employee, and the employee's pay history in each role, for the duration of employment plus three years after termination.
Substance Use Testing Law
Effective July 29, 2026, Maine extensively revises its Substance Use Testing law. The amendments include:
- Expanding the types of substance use testing allowed;
- Changing probable cause testing to reasonable suspicion testing and the definition of random testing;
- Requiring employers to give employees and job applicants an opportunity to contest a non-negative test result;
- Requiring employers to ensure their testing facilities and confirmation testing laboratories can test blood samples;
- Clarifying the role of medical review officers; and
- Deeming the use of medical marijuana to be a legitimate medical explanation that can justify a positive drug test result.
Healthcare Practitioner Noncompete Agreements
Effective July 29, 2026, a Maine employer may not require a licensed health care practitioner to enter a noncompete agreement if the practitioner does not have an ownership interest in the practice.
Employer Surveillance to Protect Workers
Effective July 29, 2026, The Maine Act to Regulate Employer Surveillance to Protect Workers requires employers to:
- Notify employees before beginning surveillance and provide written notice at least once per calendar year; and
- Notify prospective employees during interviews that the employer engages in surveillance.
The Act also prohibits employers from using audiovisual monitoring in employee residences and personal vehicles unless required for job duties. The Act takes effect 90 days after the legislative session ends.
The second regular session of Maine's 132nd legislature adjourned April 29, 2026, making the general effective date for nonemergency laws passed during that session July 29, 2026.