MDOL: Maine Employee Rights Guide (2023)

In a business with three (3) or more employees working at one time, employees have the right to take a 30-minute break after six (6) hours of work unless there is a written agreement otherwise.

Frequently Asked Questions:

• "Does my employer have the right to say I can’t leave the building during my break?"
  Answer: Yes.
• "Does my employer have to pay me for the 30-minute break?"
  Answer: No.

Maine child labor laws cover when, where and how young people under 18 years old may work. Federal laws may differ. A Guide to Maine Laws Governing the Employment of Minors has more information about child labor laws.

Work Permit

Teenagers under 16 years old need a work permit in order to be employed (except in domestic or farm work), even if they work for their parents. To apply for a permit, the youth must bring proof of age and a job offer to the school superintendent’s office. The Maine Department of Labor must approve and issue the permit before the youth can begin work.

• Download Maine Work Permit Form

Work Hours for Teens*

16- and 17-Year-Olds (enrolled in school, including home-schooled)

• Work hours (may work)
  • After 7 a.m. on a school day
  • After 5 a.m. on a nonschool day
  • Until 10:15 p.m. on a day before a school day
  • Until midnight if no school the next day
  • Minors under 17 may NOT work during school hours
• Maximum hours (may work)
  • 6 hours on a school day;
  • 8 hours on the last school day of the week - there are some exceptions for co-op (work-study) students, and students with an alternative education plan with a work component.
  • 10 hours a day on weekends, holidays, vacations, teacher workshops
  • 24 hours a week in any week with 3 or more school days
  • 50 hours a week each week there are less than 3 scheduled school days or during 1st and last week of school year
  • May NOT work more than 6 days in a row

Minors Under 16 Years Old (approved work permit required)

• Work hours (may work)
  • Between 7 a.m. and 7 p.m. during school year
  • Between 7 a.m. and 9 p.m. during summer vacation only
  • May NOT work during school hours
• Maximum hours (may work)
  • 3 hours on school days, including Fridays
  • 8 hours on days with no school (weekends, holidays, vacations, storm days, etc.)
  • 18 hours in any week with one or more school days
  • 40 hours in a week with no school
  • May NOT work more than 6 days in a row

Prohibited Work

In Maine, no worker under 18 (in most instances) may:

• Drive a motor vehicle on the job.
• Use powered equipment like a circular saw, hoist, box crusher, meat slicer, paper-products machine, or woodworking machine.
• Work in excavation, wrecking, demolition, manufacturing and storing explosives, or roofing.
• Work in confined spaces
• Work at heights

In addition to the above, no one under 16 years old may:

• Bake or cook on the job. (in most instances)
• Work in dry cleaners, commercial laundries, or bakeries (except in sales or office work).
• Perform warehouse or manufacturing work.
• Work in freezers or meat coolers.
• Load or unload a truck, railroad car or conveyor.
• Work at any hazardous occupation.
• Work without a work permit.
• Operate power equipment including lawn mowers and cutting machines.
• Operate any motorized vehicle, including golf carts.

These are partial lists. For more information, contact the Maine Department of Labor, Wage and Hour Division (207-623-7900, TTY Maine relay 711), or the U.S. Wage and Hour Office in New Hampshire (603-666-7716).

WARN

If your company plans to close or move and has 100 or more workers, your employer must give you at least 90 days notice. (Maine Severance pay law, Title 26, section 625-B, (6 and 6-A))

Severance Pay

Any employer who closes or engages in a mass layoff at a covered establishment is liable to eligible employees of the covered establishment for severance pay at the rate of one week's pay for each year, and partial pay for any partial year, from the last full month of employment by the employee in that establishment.

• Employees have a right to form or join unions.
• The National Labor Relations Act gives workers in private companies the right to form unions and to bargain with employers.
• The Maine Labor Relations Board regulates union activities in most public workplaces and some farming workplaces.
• The Maine Strikebreaker law (26 M.R.S.A. § 851-856) stops employers from hiring strikebreakers during a labor dispute.

For more information, call:

• Maine Labor Relations Bd.
  90 State House Station
  Augusta, ME 04333
  (207-287-2015)
  (TTY 888-577-6690)
• National Labor Relations Bd.
  Thomas P. O’Neill Jr., Fed Bldg.
  10 Causeway St., Room 601
  Boston, MA 02222-1072
  (617-565-6700)
  (TTY 617-565-6470)
  (Toll-Free 1-866-667-6572)
  (Toll-Free TTY 1-866-315-6572)
  

Unlawful Discrimination

Employers must not discriminate against workers because of race, religion, color, sex, age, national origin, mental or physical disability, or sexual orientation. It is not legal for a person to be treated as unequal because he or she is in one of these groups. Everyone has a right to work in a place where there is no discrimination.

Disabilities

The federal Americans with Disabilities Act (42 U.S.C. § 12101) and the Maine Human Rights Act (5 M.R.S.A. §§ 4551-4660-A) protect workers who have disabilities. Employers may not discriminate against workers with disabilities in hiring or firing and must make reasonable accommodations for such workers.

Sexual Harassment

Sexual harassment on the job is against the law. You have the right to work in a place free of sexual harassment. No one can make you put up with sexual comment or physical contact to keep a job. Laws that apply in your workplace are posted there. Take a look at the posters in your workplace so you will know where to find information if you need it. See Required Workplace Posters.

Here are some examples of sexual harassment:

• unwelcome sexual advances
• unwanted hugs, touching or kisses
• suggestive or obscene remarks
• requests for sexual favors

For more information, call the Maine Human Rights Commission (207-624-6290, TTY: Maine relay 711).

Employment Leave for Victims of Domestic Violence

An employee who is a victim of domestic violence must be allowed time off from work with or without pay to prepare for and attend court proceedings; receive medical treatment; or obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking. The employee must request the time off. Leave must also be allowed if the employee’s child, parent or spouse is the victim.

You can be asked to take a drug test if Federal law requires it or if the company has a drug policy approved by the Maine Department of Labor.

Under the law, an employer can use a positive test result to:

• refuse to hire someone
• fire an employee (in some instances)
• discipline an employee (in some instances)
• change an employee’s work (in some instances)

Those who apply for jobs may be tested only if they are offered work or are placed on a waiting list for a job. Employers who test under the law must give those tested a copy of the policy prior to the test.

Frequently Asked Questions:

• “Can I say no to a drug test?”
  Yes, but if you do so, your employer may have the right to legally fire you or to refuse to hire you.
• “I tested positive, but I don’t agree with these results. What can I do?”
  Your employer must tell you how you can appeal the result.
• “Can I be fired for a positive drug test result?”
  An employer may not fire an employee the first time he or she tests positive, but may do so if he or she tests positive more than once. Employers must offer employees who test positive six (6) months of rehabilitation. Employees can be fired if they refuse rehabilitation
• “My employer uses breathalyzer testing for alcohol. Can they do that?”
  Yes. Employers may test in this way whenever they wish.

• Effective 1/1/2021.
• Includes all industries except for seasonal industries as defined by 26 M.R.S. § 1251 for employers with more than 10 employees in Maine for more than 120 days in any calendar year.(See definition of Employer in 26 M.R.S. sub-section 1043 sec. 9.)
• Includes all employees: full-time, part-time, temporary, per diem, etc.
• Employees covered by collective bargaining agreements(CBAs) as of 1/1/2021are excluded until the CBA expires.New CBAs after that date must include this benefit at a minimum.
• Employees accrue 1 hour of earned paid leave for every 40 hours worked, up to 40 hours in a defined year.
• Employees can bargain for, or employers can offer, a benefit of this nature that exceeds this standard.
• Employers may use their discretion to frontload Earned Paid Leaveat the beginning of the year.
• Employers that allow employees to use Earned Paid Leave before it is accrued may withhold from the last paycheck any amount that the employee had not yet accrued .
• Employees can carry over up to 40 hours from one defined year to the next.
• Employees can use up to 40 hours in any defined year.
• Salaried employees are presumed to work 40 hours per week unless there is an actual record of time worked.
• Employers can apply a 120-day wait period before new employees can use their accrued Earned Paid Leave.
• Employees can use their accrued earned paid leave for any reason such as an emergency, illness, sudden necessity, planned vacation, etc.
• Employees may be required to give up to 4 weeks advance notice to use earned paid leave for any reason other than an emergency, illness, or sudden necessity.
• Employees are required to notify employers as soon as practicable if the use of earned paid leave is for an emergency, illness, or sudden necessity.

Frequently Asked Questions

• Employee Question: Am I eligible for this benefit?
  Answer: If you work for an employer who has more than 10 employees in Maine and you are not under a collective bargaining agreement as of 1/1/2021, you may be eligible for this benefit.
• Employee Question: I work for an employer with multiple business locations. There are fewer than 10 employees in my location. Does the employer have to provide this benefit?
  Answer: If the employer has more than 10 employees across every location in Maine, they are required to provide this benefit.
• Employee Question: What happens if I leave work with an unused balance of Earned Paid Leave?
  Answer: You may lose it unless the employer has a policy on unpaid vacation time. If so, the same policy for vacation time will apply to any balance of Earned Paid Leave. In all cases, if the employer does not compensate you for the unused balance of Earned Paid Leave, they will need to make the leave available to you if you return to work within a year.
• Employee Question: Does the employer always have to give me time off?
  Answer: No. The employer can require up to 4 weeks’ notice for use of leave other than for an emergency, illness, or other sudden necessity and can restrict dates that such time off may be granted. For instance, they might restrict or not allow leave (other than leave for an emergency, illness, or other sudden necessity) during a holiday season, or other busy seasons or days. We would recommend that employers clearly communicate restrictions to avoid any misunderstandings
• Employee Question: I was 15 minutes late for my shift (I needed only a half-hour for an appointment), and the employer refused to let me use less than one hour of Earned Paid Leave.
  Answer: The employer can require the use of Earned Paid Leave in one-hour increments.
• Employee Question: Can an employer discipline me for using Earned Paid Leave?
  Answer: No. However, they can do so if you exceed the amount of leave you have available, or otherwise do not comply with the employer’s notice requirements.
• Employer Question: How is the poster requirement of the Earned Paid Leave law met?
  Answer: The requirement is met by downloading and posting the Bureau of Labor Standard’s recently updated poster at this link. Regulation of Employment Poster- rev 09/20 (PDF)
• Employer Question: I want to avoid multiple workers using leave at the same time. How can I best do that and stay within the law?
  Answer: You may want to consider identifying times of the year, month, or week that leave may be restricted due to operational needs, other than leave for an emergency, illness, or sudden necessity. Employers must be able to prove undue hardship if they deny the use of leave for any reason.
• Employer question: Does the year of employment and defined year have to coincide with the calendar year?
  Answer: No. It can be the same period for all employees or the anniversary date of each employee as long as the choice does not adversely impact the other requirements of the law.
• Please visit our Earned Paid Leave webpage for more information on this law.

Employers with 15 or more workers and all public agencies must give up to 10 weeks of unpaid but job-protected leave, if:

• a worker or the worker’s child, grandchild, parent, spouse,
  domestic partner, domestic partner’s child, domestic partner’s grandchild or worker’s sibling has a serious condition;
• a child is born to the worker or domestic partner;
• a child of 16 or less is placed for adoption with the worker or domestic partner;
• the worker is donating an organ for a human organ transplant;
• the worker’s spouse, domestic partner, parent or child, or sibling who is a member of the state military forces or U.S. Armed Forces dies or incurs a serious health condition while on active duty.

To get this leave, the employee must have worked for the company for at least 12 months in a row. The employee must be allowed to come back to the same job, or one like it, after the leave. The federal Family and Medical Leave Act (29 U.S.C. § 2601) provides up to 12 weeks of unpaid but job-protected leave to employees of public agencies as well as private employers who have 50 or more workers within 75 miles. To qualify, you must have worked for your employer at least 1,250 hours in the previous year.

Hiring

You cannot be denied a job or fired from a job because of:

• race
• religion
• gender
• place of birth
• age
• skin color
• ancestry
• disability
• whistleblower;;
• sexual orientation

Ending Employment

If you are fired, you can write your employer a certified letter asking why, and your employer must tell you in writing why you were fired within 15 days. Your employer may not fire you because:

• of illegal discrimination
• you refused to do an unsafe job
• you reported an unsafe condition
• you were called for jury duty
• your wages were garnished
• you filed a workers’ compensation claim

Frequently Asked Questions:

• "Can I be fired without a good reason?"
  Yes. An employer can fire an employee without notice or cause as long as you are not discriminated against. There may be a union agreement that says you can only be fired for certain reasons. In that case, the contract rule must be followed.
• "What if my employer discriminated against me when I was fired?"
  This is against the law if it is considered discrimination under
  human rights law. If you think there was discrimination, call the Maine Human Rights Commission (207-624-6290, TTY 207-1-888-577-6690).
• "When does my employer have to pay my last wages after I get done?"
  Your employer must pay your wages plus any vacation pay due by the next regular pay day after your job ends (not more than two (2) weeks). You must go in person and request your pay on or after the regular pay date. If your employer will not pay, you can file a complaint with the Maine Department of Labor, Wage and Hour Division (207-623-7900, TTY Maine relay 711).
• "How do I know if I have a right to severance pay?"
  You sometimes have a right to severance pay if the company has moved 100 miles or more away or has shut down, and the company employed over 100 people during the year.

Limits on Mandatory Overtime

An employer may not require an employee to work more than 80 hours of overtime in any consecutive two-week period. There are exceptions, such as emergency, essential services and salaried exempt employees; agricultural workers and others.

A nurse who has worked 12 mandatory hours may not be disciplined for refusing to work additional hours and must be allowed at least 10 hours off following any such period. (There are exceptions to this law.)

ERISA

Federal Law (ERISA at 29 U.S.C. § 1001) protects your benefit plans, including pension and health insurance. For more information, call U.S. Department of Labor, Employee Benefits and Security Administration (1-866-275-7922, TTY 1-877-889-5627).

COBRA

Federal law (COBRA at 29 U.S.C. § 1161(a)) also gives you the right to have your medical insurance continued for 18 months after your employment ends, at your expense.
For more information, call U.S. Department of Labor Pension and Welfare Benefits Administration (617-565-9600).

• You have a right to review your entire personnel file, and the employer must provide you with a free copy once a year upon request.
• Upon termination, the employer must provide any additional information added since a copy of the entire file was provided in that calendar year.
• Employers may not use lie detectors as a condition of employment.

• Everyone wants a safe and healthy place to work.
• Employers must make workplaces safe. Workers must follow health and safety rules.
• The Federal Occupational Safety and Health Administration (OSHA) looks out for health and safety in private workplaces.
• The Maine Department of Labor checks public workplaces. If you work on a computer four (4) or more hours a day, a law requires that you have special training to help you operate your equipment safely.

Frequently Asked Questions:

• "Can I say 'No' to a job I think is unsafe?"
  If you think the job could cause death or serious injury, you can refuse. You must tell your employer of the danger and ask that it be fixed.
• "What do I do if my employer does not fix the hazard?"
  If your employer does not act to fix the problem, report your concern to the proper enforcement authorities as follows:
  • US OSHA for non-government employers and workplaces in Maine
  • Maine Department of Labor for state, county and local government employers and workplaces
  • Or call (207) 623-7900 and describe the situation and they will refer you to the appropriate enforcement authority or to those who can determine.
• "What does Right to Know mean?"
  You have a right to know if chemicals or other things that can cause harm are in the workplace. Your employer must tell you about these things and train you in their safe use.

The Maine Department of Labor has free safety and health information and training through the SafetyWorks! program (1-877-SAFE-345, 1-877-723-3345), TTY Maine relay 711.

All employers in Maine must have a written policy to protect the employer and the employee from secondhand tobacco smoke. Employers in Maine may only allow smoking outdoors, at least 20 feet from entryways, vents and doorways, and not in a location that allows smoke to circulate back into the building. (Public Law 2009, Ch. 300 and 22 M.R.S.A. 1580-A) Employers may ban smoking entirely. Employers may not discriminate against employees who use tobacco outside the course of employment.

For more information, call:

• Maine Department of Health and Human Services
  Partnership for a Tobacco-Free Maine
  (207-287-4627, TTY 800-606-0215)
  

Unemployment benefits come from taxes paid by employers on wages of their workers. These taxes are put in a special trust fund that is used solely to pay unemployment benefits to workers who lose their jobs through no fault of their own. The benefits are intended to be temporary to help people with basic needs while seeking new employment.

In many cases, unemployment benefits are available up to 26 weeks. The actual amount of benefits a person receives is based on wages earned during a specific time frame.

People eligible for unemployment insurance must be:

• Partially or totally unemployed;
• Able and willing to work;
• Willing to accept work they are able to do.

You can file a claim for unemployment insurance:

• Online at http://www.maine.gov/reemployme/ - look under "Claimant Services";
• By telephone: 1-800-593-7660 (Option 1);
• TTY (Deaf / Hard of Hearing) 1-888-457-8884.
• You may use a telephone or computer, free of charge, at any CareerCenter to file a claim by telephone or online.

You will need to have the following information ready before you apply:

• Your social security number;
• The names, addresses, and telephone numbers of employers that you worked for during the last 18 months;
• When you started work;
• When you stopped work;
• Reason you are not working now.

You can file your weekly unemployment claims:

• Online at http://www.maine.gov/reemployme/ -look under "Claimant Services";
• By telephone at 1-800-593-7660 (Option 6).

To file an appeal of a Department Deputy’s Decision about unemployment benefits, use one of the following methods:

• Internet at www.Maine.gov/labor/appeals - You will receive a confirmation of your appeal request.
• Telephone: (207) 621-5001;
• TTY (Deaf/Hard of Hearing): Maine relay 711;
• Fax the appeal form to: (207) 287-5949;
• Deliver the appeal form to an office of the Maine Department of Labor;
  Mail the appeal form to the Division of Administrative Hearings, 30 SHS, Augusta, ME; 04333-0030.

The Division of Administrative Hearings will provide additional information about the appeal process once you file an appeal and also with the appeal decision.

As of January 1, 2023, the minimum wage is $13.80 per hour.

• Maine does not have a training wage or student wage below the minimum.
• Tipped employees must be paid a direct wage of at least $6.90 per hour. If this rate plus tips for the week does not average the minimum wage, the employer must pay the difference.

As of January 1, 2022, the minimum wage is $12.75 per hour.

• Maine does not have a training wage or student wage below the minimum.
• Tipped employees must be paid a direct wage of at least $6.38 per hour. If this rate plus tips for the week does not average the minimum wage, the employer must pay the difference.
• Employees receive overtime pay of 1½ times their hourly rate after 40 hours of work per week. This applies to most employees. A poster stating these requirements must be shown in the workplace.
• Executive, administrative or professional employees are exempt from minimum wage and overtime if they are paid on a salary basis. The salary amount must be at least $735.59 per week.
• Employers must pay wages in full to employees on an established day or date at regular intervals not to exceed 16 days.
• Employees must be paid for the work performed. Employees who leave a job must be paid in full no later than the employee’s next established payday
• Employers cannot deduct from an employee’s pay for things such as broken merchandise or bills not paid by customers.
• Employers may not discriminate on the basis of gender by paying a rate less than the rate paid an employee of the opposite sex for comparable work.
• Most of the wage laws do not apply to agriculture.
• Employees must be notified of a decrease in hourly wages or salary at least one day prior to the change.
• Employers may not discriminate against an employee for inquiring about, disclosing, comparing or otherwise discussing the employee's wages with others.

Frequently Asked Questions:

• "If a holiday occurs on a work day, does my employer have to pay overtime for working the holiday?"
  No. An employer does not have to pay overtime for less than 40 hours a week worked.
• "My employer changed my regular schedule and now says I have to work overtime. I wasn’t told this when I was hired. Is this legal?"
  Yes. Employers have the right to change work schedules. They can require you to work overtime, but not in excess of 80 hours of actual overtime in any two-week period.
• "Does my employer have to pay benefits like sick time, vacation or holidays?"
  No. Paid benefits are extras. They are not required by law.

It is against the law (26 M.R.S.A. §§ 831-840) for an employer to fire or threaten you because:

• you reported a law violation;
• you reported a risk to health and safety;
• you would not do something that was a danger to your life or to someone else’s;
• you are part of a government investigation; or
• you are a healthcare worker and you reported a medical error.
• You are protected by this law ONLY if you tell your supervisor about what you think is wrong. You must allow enough time for your supervisor to correct the problem unless you have a good reason to think that he or she will not fix it.

A poster about this must be at your workplace.

Frequently Asked Questions:

• "Can I be fired if I report a workplace problem or violation?"
  It is against the law to fire someone for reporting a workplace problem or violation.
• "If I lose my job for what looks like discrimination, what should I do?"
  File a complaint with the Maine Human Rights Commission within six (6) months of the end of your employment.
  

For more information, call Maine Human Rights Commission (207-624-6290, TTY 1-888-577-6690).

This is insurance paid for by the employer. It gives benefits to employees who get hurt on the job.Most public and private employers have this insurance for their workers. You must follow the rules to get the benefits.Check the Workers' Compensation Labor Poster in your workplace for more information.

Frequently Asked Questions:

• "If I get hurt at work, what should I do?"
  Tell your supervisor or a manager as soon as you can.
• "What should my employer do?"
  Your employer must fill out a "first report" of the injury within seven (7) days. You should get a copy. If you lost a day at work, your employer will notify the Workers’ Compensation Board. If your employer does not do this, call a regional Workers' Compensation Board office. Ask to speak to a Troubleshooter.
• "What if my employer won't pay my claim?"
  If this happens, your employer will file a Notice of Controversy (NOC). This will say why the employer does not want to pay your claim. If your employer files a NOC, a Troubleshooter will call you to hear your side. If you know about the NOC and a Troubleshooter has not called you within two (2) weeks, call a regional Workers’ Compensation Board office and ask to speak to a Troubleshooter.

Workers' Compensation office telephone numbers:

• Augusta 207-287-2308 or 1-800-400-6854
• Bangor 207-941-4550 or 1-800-400-6856
• Caribou 207-498-6428 or 1-800-400-6855
• Lewiston 207-753-7700 or 1-800-400-6857
• Portland 207-822-0840 or 1-800-400-6858

State Government Agencies

• Maine Department of Labor
  • 45 State House Station, Augusta, ME 04333-0045
    (Physical address: 45 Commerce Drive, Augusta, ME)
    207-623-7900
    TTY Maine relay 711
    www.Maine.gov/labor/
    e-mail: mdol@maine.gov
• Maine Human Rights Commission
  • 51 State House Station, Augusta, ME 04333-0051
    207-624-6290
    TTY 1-888-577-6690
    www.Maine.gov/mhrc
• Maine Department of Health and Human Services
  • Partnership for a Tobacco-Free Maine
    11 State House Station, Augusta, ME 04333-0011
    207-287-4627
    TTY: Maine relay 711
    www.tobaccofreemaine.org
• Maine Labor Relations Board
  • 90 State House Station, Augusta, ME 04333-0090
    207-287-2015
    TTY: Maine relay 711
    www.Maine.gov/mlrb/
• Maine Workers’ Compensation Board
  • 24 Stone St., Augusta, ME 04330-5220
    207-287-3751
    TTY: Maine relay 711
    www.Maine.gov/wcb/

Federal Government Agencies

• National Labor Relations Board
  • Thomas P. O’Neill, Jr., Federal Building
    10 Causeway Street, Rm 601, Boston, MA 02222-1072
    1-866-667-6572
    TTY 1-866-315-6572
    www.nlrb.gov
• U.S. Equal Employment Opportunity Commission
  • JFK Federal Bldg., Room 475, Government Center
    Boston, MA; 02203
    1-800-669-4000
    TTY 1-800-669-6820
    www.eeoc.gov
• U.S. Department of Labor
  • Wage and Hour Division
    603-666-7716
    www.dol.gov/esa/whd
• Occupational Safety and Health Administration (OSHA)
  • District Office 207-941-8177
    Area Office
    40 Western Avenue, Suite G26, Augusta, ME; 04330
    207-626-9160
    www.osha.gov
• Employee Benefits and Security Administration
  • 1-866-444-3272
    www.dol.gov/ebsa