Maine Employment and Labor Laws

Keeping up with state employment and labor laws can substantially complicate compliance efforts. Here’s what employers in Maine need to know.

The state of Maine prioritizes worker-focused employment standards, with statewide earned paid leave, a paid family and medical leave program, and various equal-pay protections. Complementary regulations, such as non-compete limits, required rest breaks, and a mandated retirement savings program, create clear, structured compliance expectations for employers.

When it comes to talent and workforce management, Maine-based employers need to comply with the following state employment laws: 

  • Pay equity
  • Final paychecks and PTO payouts
  • Paid leave and work breaks
  • Workplace health and safety
  • Anti-discrimination and harassment

The below information was last updated September 9, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.

Maine Labor Laws 

A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.  

Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
 

Is Maine a Right-to-Work State? 

Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).

Maine currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), Maine can pass a right-to-work law in the future if it chooses.
 

Maine Employment Laws 

Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
 

Maine Wage Laws 

Maine Minimum Wage The state of Maine uses its own minimum wage rate of $14.65 per hour including a tipped minimum wage rate of $7.33 per hour for employees who earn tips with their base pay.

Maine Overtime Pay Laws

According to state law, overtime pay in Maine is calculated at 1.5 times the employee’s regular pay rate when working over 40 hours a week.
Maine Pay Equity Law Under the Maine Equal Pay Law, private employers may not discriminate between employees in the same establishment on the basis of sex or 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 the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility.

Maine Pay Transparency Law

Maine currently has no pay transparency laws or regulations.

Maine Final Paycheck Law

In Maine, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday or within two weeks of demand, whichever is earlier.

Maine PTO Payout Laws

Maine currently requires private employers with 10 or more employees to pay out accrued, unused paid time off (PTO) upon termination.

It does not, however, prohibit the use of "use-it-or-lose-it" policies, as employees can carry over up to 40 hours of earned paid leave from one defined year to the next.

 

Maine Leave Laws

Maine Paid Sick Leave (PSL) Maine currently requires employers to provide employees with up to 40 hours of paid, protected leave under its Earned Paid Leave Law.

Moreover, employees must accrue one hour of earned paid leave for every 40 hours worked, and employees are permitted to carry over at least 40 hours of unused, accrued leave.

Maine Paid Family and Medical Leave (PFML)

Maine is one of over a dozen states with a PFML program.

Under its Paid Family & Medical Leave Program, the state requires employers with at least one employee in Maine to withhold a percentage of wages (via payroll deductions) that are transmitted to the state for benefit payments. Employees are eligible to take up to 12 weeks of paid leave.
Maine Maternity Leave Maine doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Employees typically rely on a separate type of employer-provided leave, the federal Family and Medical Leave Act (FMLA), or a state-mandated PFML program to obtain maternity leave. 

Maine Voting Leave Law

Maine currently has no voting leave laws or regulations.

 

Maine Workplace Health and Safety Management

All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).  

Maine, however, also adopted and imposes additional, OSHA-approved regulations for state and local government workers that are identical to those federal standards. Maine's State OSHA Plan is overseen by the Maine Department of Labor.
 

Maine Work Break Laws

Under Maine's rest break law, employers must provide a thirty-minute unpaid rest break if an employee works more than six consecutive hours at one time.

Maine Harassment and Workplace Discrimination Laws

As described by the Maine Human Rights Act and enforced by the Maine Human Rights Commission, employers in Maine are prohibited from discriminating against employees based on:

  • Race
  • Color
  • Sex
  • Sexual orientation
  • Age
  • Physical or mental disability
  • Gender predisposition
  • Religion
  • Ancestry
  • National origin

Maine also requires employers to comply with specific anti-harassment mandates, also outlined in its Human Rights Act. Employers must, for example, post a poster providing the illegality of sexual harassment, a description of sexual harassment, the complaint process available through the commission, and directions on contacting the commission. 

Finally, the state also requires employees to complete training courses on sexual harassment.
 

Other Maine Employment Laws 

Maine Non-Compete Agreement Laws Maine is one of several states that limit the use of non-compete agreements.

Maine Revised Annotated Statute Title 26 § 599-A does not permit the use of non-compete agreements for employees earning wages at or below 400% of the federal poverty level or who are licensed veterinarians with no ownership interest.

Furthermore, non-compete agreements are enforceable only to the extent that they’re reasonable and no broader than necessary to protect one or more legitimate business interests of the employer.

Maine Retirement Plan Laws

Maine is one of a handful of states with a mandatory retirement plan law. The Maine Retirement Investment Trust (MERIT) program requires all employers with at least one employee that do not already offer a workplace retirement plan to register or certify their exemption.
Maine Pre-Employment Inquiries Laws Maine’s Fair Chance in Employment Act prohibits employers from asking a job applicant about conviction history prior to an interview or once an applicant has been deemed otherwise qualified, unless otherwise exempt.
Maine Lactation Law Maine Revised Annotated Statute Title 26, § 604 requires employers to make reasonable efforts to provide a clean place, other than a bathroom, where an employee may express breast milk in privacy.
Maine Layoff Laws As regulated by the state’s Department of Labor, Maine’s WARN Act requires employers to provide notice of a mass layoff trigger that differs from the federal WARN Act.

This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor. 

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