Maine 2026 Legislative Session End

This blog post is to inform you that Maine has completed its 2026 legislative session.

ME H 18 Employee Pay Histories

Effective July 13, 2026, employers with 10 or more employees must include a prospective “range of pay” in any job posting. Range of pay is defined as “the range of pay that an employer anticipates relying on in setting wages for a position, including, but not limited to, reference to:

1. Any applicable pay scale;
2. A previously determined range of wages for the position;
3. The actual range of wages for those currently holding equivalent positions; or
4. The budgeted amount for the position.”

Upon request, an employer must disclose the range of pay offered for the position the employee currently holds. Employers are required to maintain a record of each position held and the pay history for every employee. These records must be kept for the duration of the individual’s employment and for three years following the termination of employment.

ME H 25 Employer Surveillance

Employers cannot use employer surveillance unless employees are notified before the monitoring begins. Employer surveillance is defined as “the monitoring of an employee by an employer through the use of an electronic device or system, including but not limited to the use of a computer, telephone, wire or radio or an electromagnetic, photoelectronic or photo-optical system.” Employer surveillance does not include the use of surveillance cameras for security or safety purposes or the use of global positioning system tracking or other safety devices on vehicles owned by the employer but operated by the employee. Employees have the right to decline an employer’s request to install data collection or transmission applications on their personal electronic devices for surveillance purposes. Employers must inform applicants during the interview process if the employer engages in surveillance. Employers must provide written notice at least once per calendar year to all current employees confirming that the employer engages in surveillance. The law goes into effect July 24, 2026.

ME H 1425 Employer Substance Use Testing Policy Requirements

Employers that choose to conduct substance use testing must follow the procedures of the employer’s substance use testing policy fully once a test has been initiated. An applicant or employee must be given the opportunity to contest a non-negative test result by discussing with the medical review or confirmation testing laboratory representative any legitimate medical explanation for the non-negative test result. Employees with confirmed positive results must be provided opportunity to participate in rehabilitation programs for up to 12 weeks before employers may take adverse employment actions. The law goes into effect July 24, 2026.