The following changes to Maine employment law take effect July 28, 2026, and apply to employers of all sizes, unless otherwise noted. (Other sources are currently reporting that these laws take effect July 29, but when we count on our fingers, it’s July 28, so we recommend complying one day earlier just to be safe.)
PAY RANGE POSTING AND DISCLOSURE LAW
Job Postings
Employers with 10 or more employees will be required to include the hourly or salary pay rate or range in postings that are intended to recruit for a specific open position and include preferred qualifications. For roles compensated solely on commission, employers don’t have to include a pay rate or range in the posting but must state that the position is commission based.
Pay Disclosure
Employers of all sizes will be required to share the pay range for an employee’s current position if the employee asks about it. If you don’t already have set pay ranges for each position, you may want to dedicate some time to that project, just in case you get inquiries.
Recordkeeping
All employers will need to maintain records of each position held by an employee and their pay history for the duration of their employment plus three years after termination. Note that keeping pay records for three years is already required by federal law, so this likely won’t require a change in process.
Action Items
Make sure job ads include the required details by July 28 and be prepared to provide pay range information if employees ask for it.
EMPLOYEE SURVEILLANCE RESTRICTIONS
Employers will be subject to new requirements if they engage in employer surveillance, defined as employee monitoring through an electronic device or system. Notably, employer surveillance doesn’t include cameras used for safety or security reasons, or GPS or other safety devices installed on employer-owned vehicles. The law exempts certain personal care service employees such as caregivers.
Notice to Employees and Applicants
Employers will be required to provide current employees with advance notice before beginning any employer surveillance. They also need to provide employees with annual written notice that they engage in surveillance. Additionally, employers will be required to notify applicants about the surveillance during their interview process.
Surveillance of Personal Property
Employers can’t use audiovisual monitoring on employees’ personal property, such as in their home and personal vehicles, unless the monitoring is required for the employee’s job duties. The law doesn’t define what qualifies under this exception, though the Maine Department of Labor (MDOL) may adopt rules that provide further clarity on this point.
Employers also can’t install data collecting or transmitting applications on employees’ personal electronic devices for surveillance purposes without employee consent.
Action Item
If you engage in surveillance that might be covered by this law, prepare to notify applicants and employees of your practices.
UPDATES TO DRUG AND ALCOHOL TESTING LAW
Maine’s substance testing law will be significantly updated to include new terms, definitions, and requirements.
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