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).


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))

(Video) Maine Dept. of Labor - Labor Law Basics, Hourly Employees

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
    (TTY 888-577-6690)
  • National Labor Relations Bd.
    Thomas P. O’Neill Jr., Fed Bldg.
    10 Causeway St., Room 601
    Boston, MA 02222-1072
    (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.


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.
(Video) Labor Law Basics – Salaried Employees
  • 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.

If an employer’s policy offers paid leave (sick, vacation, compensatory), the employee must be allowed to use up to 40 hours in a 12-month period to care for an ill child, spouse or parent. For more information, call Maine Department of Labor, Wage and Hour Division (207-623-7900, (TTY Maine relay 711), or U.S. Department of Labor, Wage and Hour Division (603-666-7716).


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.

Nursing mothers must be provided with unpaid break time or be permitted to use their paid break or meal time to express milk. The employer must make reasonable efforts to provide a clean room or location, other than a bathroom, where the milk can be expressed.

(Video) MDOL Legislative Briefing 7.31.20

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.)


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).


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).

State law (26 M.R.S.A. § 1301-1315) gives preference to Maine workers and contractors on state-funded construction jobs over $10,000. It also sets a prevailing minimum wage rate for construction projects for these jobs.

  • 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 - 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 -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 - 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.

(Video) MDOL Legislative Briefing November 20, 2020

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.

(Video) MDOL Legislative briefing 10-23-20

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)
      TTY Maine relay 711
  • Maine Human Rights Commission
    • 51 State House Station, Augusta, ME 04333-0051
      TTY 1-888-577-6690
  • Maine Department of Health and Human Services
    • Partnership for a Tobacco-Free Maine
      11 State House Station, Augusta, ME 04333-0011
      TTY: Maine relay 711
  • Maine Labor Relations Board
    • 90 State House Station, Augusta, ME 04333-0090
      TTY: Maine relay 711
  • Maine Workers’ Compensation Board
    • 24 Stone St., Augusta, ME 04330-5220
      TTY: Maine relay 711

Federal Government Agencies

  • National Labor Relations Board
    • Thomas P. O’Neill, Jr., Federal Building
      10 Causeway Street, Rm 601, Boston, MA 02222-1072
      TTY 1-866-315-6572
  • U.S. Equal Employment Opportunity Commission
    • JFK Federal Bldg., Room 475, Government Center
      Boston, MA; 02203
      TTY 1-800-669-6820
  • U.S. Department of Labor
  • Occupational Safety and Health Administration (OSHA)
    • District Office 207-941-8177
      Area Office
      40 Western Avenue, Suite G26, Augusta, ME; 04330
  • Employee Benefits and Security Administration


How many hours straight can you legally work in Maine? ›

Neither Maine state law nor federal law set limits on how many hours employees can work in a day or week. All employees 18 and older are able to work as many hours per day and week as they see fit. Nurses are an exception to this as they cannot be forced to work more than 12 consecutive hours.

Do you need a reason to fire someone in Maine? ›

Most employment is "at-will," which means an employer may hire or fire at will and an employee may decide to work or not work for a company at will. This means an employer may legally fire an employee without notice and cause.

What is the salary threshold for exempt employees in Maine 2023? ›

The minimum salary threshold for exempting a worker from overtime pay is also based on the minimum wage. Starting January 1, 2023, the new minimum salary threshold is $796.17 per week, or $41,401 per year.

Can an employer cut your pay in Maine? ›

Maine labor laws do not prohibit an employer from changing work hours or schedules. The rate of pay can be lowered when the employer gives at least a one-day advanced notice to the affected employee. An employer may never lower the rate below the established minimum wage.

What is the longest shift you can legally work? ›

Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

How many days can you work without a day off in Maine? ›

No more than 24 hours in a week, unless during the last week of school, and weeks when there are less than three school days (when they can work for up to 50 hours)

What constitutes wrongful termination in Maine? ›

Maine does not have a law against wrongful termination and Maine courts will not review an employer's personnel decision to determine whether it was right or wrong, fair or unfair. However, in some cases, wrongful termination can be used as evidence of an unlawful, discriminatory motive.

What is a hostile work environment in Maine? ›

Workplace Harassment Under Maine Law

Employee intimidation or offensive behavior based on race, sex (including sexual orientation), disability, age, religion, whistleblower activity, or marital status violates Maine's State policy. Harassing acts can be categorized as sexual harassment or a hostile work environment.

Can you collect unemployment if you are fired in Maine? ›

As long as you were working to the best of your ability, you will be eligible for unemployment benefits. If you are disqualified because you were fired for misconduct, you will not be eligible for unemployment benefits until you return to work with an employer and earn 8 times your weekly benefit amount.

What was minimum wage in 1975 in Maine? ›

Minimum Wage:
Date of ChangeMinimum Wage in ME[4]Federal Wage[5]
34 more rows

What state has the highest minimum wage? ›

The state with the highest minimum wage isn't California or New York—and it pays more than $15/hour
  • Washington: $15.74. Living wage: $19.58.
  • California: $15.50. Living wage: $21.24.
  • Massachusetts: $15. Living wage: $21.35.
  • New York: $14.20. Living wage: $21.46.
  • New Jersey: $14.13. Living wage: $18.71.
6 days ago

What will minimum wage be in Maine in 2024? ›

Here's the summary of the bill: This bill increases the minimum hourly wage to $15 per hour starting January 1, 2024. Beginning January 1, 2025 to and including January 1, 2033, the minimum hourly wage is increased by $1 per hour or by the increase in the cost of living, whichever is greater.

How many hours is full time in Maine? ›

However, if they work more than 40 hours in any given week, their salary must be converted to an hourly rate that cannot amount to less than the State Minimum Wage and they must be paid overtime for all hours worked in excess of 40 in any given week.

Is forced overtime legal in Maine? ›

Limits on Mandatory Overtime

In Maine, 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.

Does Maine require severance pay? ›

The severance pay to eligible employees is in addition to any final wage payment to the employee and must be paid within one regular pay period after the employee's last full day of work, notwithstanding any other provisions of law. ( 2015, c. 417, §1 (AMD) .)

Can my boss refuse to give me a day off? ›

Paid vacation time or sick time is not legally required in most areas of the United States, so even if you request time away, your employer usually does not have to give it to you. Your employer can generally deny your request for time off if you are using vacation time, paid time off (PTO), or sick time.

What happens if you don't give 2 weeks notice? ›

Despite work etiquette and standards, no laws require employees to give any notice whatsoever – let alone two weeks – before quitting. While breached contracts may impact compensation or trigger a lawsuit, there aren't any legal protections for employers when employees decide to leave.

Does OSHA have a 16 hour rule? ›

Even so, OSHA does not regulate hours worked, does not require breaks, and does not require a minimum sleeping or rest period between shifts. The federal Fair Labor Standards Act requires overtime pay after 40 hours, at least for most employees, but it does not require breaks.

Do you have to give 2 weeks notice in Maine? ›

No, you aren't required by law to give two weeks' notice when quitting a job.

What is the law for lunch breaks in Maine? ›

Maine Law: Meal Breaks Required

In Maine, employers must allow employees to take a 30-minute meal break after working for six consecutive hours, except in cases of emergency. This time is unpaid, unless the employer chooses to pay employees for breaks.

What is the tip law in Maine? ›

Maine law allows employers to claim a tip credit. The maximum tip credit is 50% of the state minimum wage. In 2023, employers may take a tip credit of $6.90 and pay tipped employees as little as $6.90 per hour.

How do I defend myself against wrongful termination? ›

How can I protect myself from wrongful termination?
  1. Be a great employee. I know, this one seems obvious. ...
  2. Save documents and communications. Save letters, memos, performance evaluations, emails, text messages, and other types of documents and communications. ...
  3. Put it in writing. ...
  4. Were you wrongfully terminated?
Sep 23, 2019

What is the most you can get for wrongful termination? ›

Lawyers are often asked: “What's the average settlement for wrongful termination?” Many wrongful termination settlement amounts fall in the range of $5,000 to $80,000, though some payouts can reach into the millions.

What is the most you can sue for wrongful termination? ›

Wrongful termination settlement range from $10,000 to $1,000,000. There is no “average” settlement for wrongful termination. The settlement amount depends on many factors, such as wage lost wage, lost benefits, and the reason for the termination.

How do you prove you are in a hostile work environment? ›

What qualifies as a hostile work environment?
  1. You are the victim of discrimination. ...
  2. The harassment is severe, offensive, and/or abusive. ...
  3. The harassment is ongoing and/or pervasive. ...
  4. The harassment prohibits you from doing your job. ...
  5. Your employer has failed to intervene and address the harassment.

Is yelling in the workplace harassment? ›

Threatening you or your property, yelling, and using insulting or offensive language can all qualify as verbal harassment. In general, harassment refers to repeated behavior rather than a passing remark. Victims of verbal harassment can suffer from significant emotional distress and even develop mental health problems.

Is verbal abuse a crime in Maine? ›

Know Your Rights: Street Harassment and the Law | 1

A variety of forms of street harassment are illegal in Maine, including verbal harassment, up-skirt photos, indecent exposure, following, and groping.

What reasons can you quit a job and still get unemployment in Maine? ›

If an individual has to quit a job due to illness because the employer is unable to accommodate a temporary leave, the individual can apply for unemployment benefits. A determination of eligibility will be made based on the circumstances of the separation.

What is good cause for unemployment in Maine? ›

In general, good cause means that your reason for leaving the position was job-related and was so compelling that you had no other choice than to leave. For example, if you left your job because of dangerous working conditions or sexual harassment that your employer refused to stop, you may be able to collect benefits.

Can you get fired for calling in sick in Maine? ›

Leave of Absence and Termination. Can I be fired if I miss work because I'm sick? If you qualify for leave under a Maine or federal law, it may be illegal for your employer to fire you.

What is a livable wage in Maine? ›

Living Wage Calculation for Maine
0 Children1 Child
Living Wage$16.53$19.31
Poverty Wage$6.53$5.54
Minimum Wage$13.80$13.80

What state has the lowest minimum wage? ›

Currently, 30 states and Washington D.C. have minimum wages above the federal minimum wage of $7.25 per hour. Five states have not adopted a state minimum wage: Alabama, Louisiana, Mississippi, South Carolina and Tennessee. Two states, Georgia and Wyoming, have a minimum wage below $7.25 per hour.

What is the cost of living in Maine? ›

Average Cost of Living in Maine: $50,559 per year

Maine has the lowest cost of living in New England, beating out all five of its neighbors, including Massachusetts, Connecticut, and Vermont, according to MERIC 2021 data.

What 8 states raise minimum wage to $15? ›

By 2026, another eight states will join the $15 faction – Delaware, Florida, Illinois, Maryland, New Jersey, Rhode Island, Virginia and Nebraska. Hawaii will get there by 2028.

Which states have $15 dollar minimum wage? ›

Washington, California, and Massachusetts are the states with a minimum wage of $15 per hour or above. Workers from Connecticut will have something to smile about as we get to mid-2023.

What city has the lowest minimum wage? ›

Honolulu, HI (Tie)

Out of the 79 cities in our study, the minimum wage in Honolulu pays for the least. Minimum wage workers earn $12 per hour, but the city's exorbitant cost of living shrinks the purchasing power of those earnings.

How much does Mcdonald's pay in Maine? ›

McDonald's in Maine Salaries
Job TitleLocationSalary
Cashier salaries - 29 salaries reportedMaine$33,133/yr
Manager salaries - 8 salaries reportedMaine$48,800/yr
Crew Trainer salaries - 7 salaries reportedMaine$34,308/yr
McDonalds Crew Trainer salaries - 6 salaries reportedMaine$35,194/yr
16 more rows

Is minimum wage going up in 2023 in Maine? ›

Effective January 1, 2023, the minimum wage in Maine is $13.80 per hour.

What happens if state minimum wage is higher than federal? ›

What about if the state or local minimum wage is higher? If the state or local minimum wage is higher than the federal rate, pay your employees the state or local rate, whichever is higher. Pro tip: When choosing between federal, state, and local minimum wage laws, always pay your employees the highest rate.

Are 15 minute breaks required by law in Maine? ›

Shorter breaks are common but not required by law. Shorter breaks or pauses away from performing duties must be paid and cannot be deducted from the employee's time worked. Can my employer require me to take a consecutive 30-minute rest break? Yes.

Who is exempt from overtime pay in Maine? ›

Maine state statute recognizes the exemption from overtime for people working in a "bona fide executive, administrative or professional capacity" and requires that employers pay a salary according to the requirements of the Federal Fair Labor Standards Act (FLSA).

How many hours can a nurse work straight in Maine? ›

Maine Overtime Laws For Nurses

The law defines overtime as more than 80 hours in a 2-week period. Except, employers can require nurses to work more than 80 hours in a two week period. But, that's not all. The law allows nurses to refuse mandatory overtime after working 12 required hours.

Why forced overtime is bad? ›

While the immediate benefit to employees required to work mandatory overtime results in an increase in their paycheck, there are some negative repercussions. Diminished morale among employees. Resentment of increased workloads. An increase in fatigue and stress among the staff.

What triggers severance? ›

Some employers choose to offer severance pay to employees who are terminated, either involuntarily or voluntarily. The primary reasons for offering a severance package are to soften the blow of an involuntary termination and to avoid future lawsuits by having the employee sign a release in exchange for the severance.

Do you have to join a union in Maine? ›

Right-to-Work Laws in Maine

Currently, Maine is not a right-to-work state. However, in Maine, you can't be required to join a union, but non-union workers at a union workplace will still have dues charged to them for the services the union provides.

How long does an employer have to pay you after termination in Maine? ›

Cessation of employment. An employee leaving employment must be paid in full no later than the employee's next established payday.

Can you legally work over 40 hours in Maine without giving overtime? ›

Q: What is "overtime"? A: Unless specifically exempted, employees covered by Maine's overtime statute must receive pay for hours worked in excess of 40 in a work week at a rate not less than one and one-half their regular rates of pay.

What are the labor laws in Maine? ›

According to state law, Maine employers are prohibited from requiring employees to work more than 80 hours of overtime in a two-week period. Maine does not require employers to provide meal breaks. Employers must give employees who work 6 hours an unpaid rest break of 30 minutes if there are at least 3 people on duty.

What is the longest shift for nurses? ›

The max number of hours a nurse can work in a row is usually 16 hours. Though many facilities will limit nurses to working no more than 12 hours straight.

What is the shortest shift a nurse can work? ›

Nurses can work 8, 10, or 12 hour-shifts. They can work the traditional Monday-Friday 9-5 pm shifts with weekends off or various times throughout the week while rotating the weekends. Many nurses work days, nights, or just weekends.

Is it illegal to not pay overtime in Maine? ›

A: Unless specifically exempted, employees covered by Maine's overtime statute must receive pay for hours worked in excess of 40 in a work week at a rate not less than one and one-half their regular rates of pay. This is referred to as "overtime" pay.

Does Maine require PTO payout? ›

A Maine vacation pay law requires most employers to pay out all unused, accrued vacation to separated employees starting Jan. 1, 2023. The payment of such unused PTO is required regardless of an employer's policy to the contrary. Maine passed the law in April 2022.

Do I have to take a lunch break at work Maine? ›

Mandatory Workday Lunch / Meal Breaks in Maine

Maine requires that employees receive a ½ hour meal break, after 6 consecutive hours of work, except in cases of emergency and except where the nature of their work allows employees frequent breaks during workday.

What is state of Maine minimum wage? ›

Just last month, Portland voters overwhelmingly rejected an effort to raise the city's minimum wage to $18 by 2025 and eliminate the tip credit wage. Although that effort failed 61% to 39%, the city continues to set its own minimum wage, which will be $14 per hour in 2023, with a $7 tipped wage.


1. MDOL Legislative Briefing 1.15.21
2. MDOL Legislative Briefing 7-10-20
3. CWMWDB, SWB & MDOL Jobs & Recovery Listening Session Evening 10.7.21
4. Basic Weekly Unemployment Claim Walk-through
5. MDOL Legislative Briefing 8.28.20
6. MDOL Legislative Briefing 8.14.20
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