At-Will Employment
Maine is an employment-at-will state, meaning an employment relationship without a specified duration can be terminated by either the employer or the employee at any time, for any reason—or no reason—unless otherwise agreed upon in a written contract.
Maine courts strongly reject implied contracts that alter at-will status. A restriction on at-will employment will only be recognized if:
The contract clearly expresses an intent to restrict the employer's right to discharge.
It clearly outlines specific methods or conditions for termination.
Employers cannot terminate an employee for reasons that violate public policy or specific state protections.
For comprehensive training on maintaining at-will employment, visit EmployerESource and explore our training webinars. These resources offer valuable information for business owners and managers seeking to stay informed and compliant.
For any questions about at-will employment and how to preserve this relationship, please contact EmployerESource. We’re here to provide expert guidance and support.
Break/Meal Period
Under Maine law, unless otherwise stated in a collective bargaining agreement or written employment contract, employers must provide employees with a 30-minute consecutive rest break if the employee works more than 6 consecutive hours.
This break may be unpaid mealtime, but only if the employee is fully relieved of duty during that time.
Exceptions apply in the case of emergencies that pose a threat to life, property, public safety, or public health.
Small Business Exception: This break requirement does not apply if:
Fewer than 3 employees are on duty at any one time; and
The work performed allows frequent, shorter paid breaks throughout the workday.
Understanding and applying rest break laws properly can help protect your business from liability. Contact EmployerESource for expert guidance, or download our Maine-specific Employee Handbook for compliant workplace policies tailored to your business.
Blue Law
Under Maine law most retail businesses may not operate on Sundays or certain holidays, with key exceptions. Retail operations are prohibited on:
Sundays, except:
Between noon and 5:00 p.m. from Thanksgiving to Christmas, or
For emergency, charitable, or necessary work.
Holidays: Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.
Numerous exceptions apply (e.g., restaurants, pharmacies, small stores with fewer than 5 employees, stores under 5,000 sq. ft., and others), but large retail stores must allow employees to decline Sunday work unless agreed to at hiring. Reducing hours in retaliation for refusing Sunday shifts is prohibited.
Avoid costly mistakes and ensure your managers and staff understand their rights and your obligations.
Stay legal. Stay clear. Get your compliant employee handbook today.
Employee Training
Maine law requires all employers to take proactive steps to prevent and address sexual harassment in the workplace. These obligations include posting notices, providing annual written information, and conducting training—particularly for larger employers.
All employers must post a sexual harassment notice in a prominent and accessible location in the workplace. The poster must include:
A statement that sexual harassment is illegal
A definition and examples
The complaint process through the Maine Human Rights Commission
Contact information for the Commission
Each year, employers must provide individual written notice to all employees that includes:
The illegality of sexual harassment
Definitions and examples
The internal complaint process
Legal options and complaint procedures with the Maine Human Rights Commission
How to contact the Commission
Information on protection against retaliation
This notice must be delivered in a way that ensures every employee receives it (e.g., with a paycheck).
Education & Training Requirements
Employers with 15 or more employees must:
Provide sexual harassment training to all new employees within one year of hire.
Include information on state and federal laws, complaint processes, retaliation protections, and practical examples.
Conduct additional supervisory training for managers within one year of hire, focusing on their responsibilities and how to respond appropriately to complaints.
Stay Compliant, Protect Your Team
Maine has some of the most comprehensive anti-harassment training laws in the country. Let EmployerESource help you stay compliant with mandatory posters, employee notifications, and legally compliant training programs.
Download an Employee Handbook with Maine-specific policies or contact us today to streamline your workplace compliance.
Employees Records Access
Under Maine law, employees and former employees have the right to review and obtain copies of their personnel file upon written request, if one exists.
Employers must allow the employee (or their authorized representative) to review and copy their personnel file at the location where the file is maintained, during normal office hours, unless a more convenient time/location is mutually agreed upon.
Each calendar year, the employer must provide:
One free copy of the entire personnel file upon request.
One free copy of any new material added to the file after the full copy was provided.
Additional copies may be charged to the requestor.
Personnel File includes any records related to:
Evaluations or reports on character, work habits, compensation, or benefits
Credit information
Non-privileged medical records or nurses’ notes held by the employer
Employers are required to maintain integrity and confidentiality of personnel files.
To avoid fines and ensure transparency, make sure your personnel file practices are compliant. Contact EmployerESource for assistance with secure file access procedures or to download a Maine-specific Employee Handbook that includes personnel file rights and protocols.
Final Wages
Maine law requires that employees who leave their job—whether through resignation, termination, or layoff—must be paid all wages due in a timely manner.
The final paycheck must be issued no later than the employee's next regular payday.
Loans or wage advances can be deducted if the employee signed a written authorization.
Vacation Pay:
If the employer’s policies or practices include paid vacation, any unused, earned vacation time is considered wages and must be paid upon termination.
If an employee demands payment of wages, the law defines a “reasonable time” as:
The next regular payday, or
No later than 2 weeks after the request—whichever comes first.
Final pay mistakes can lead to legal trouble and wage claims. Make sure your offboarding and payroll practices align with state law. Download a Maine-specific Employee Handbook with detailed wage payment policies, or contact EmployerESource today for help creating compliant termination procedures.
Garnishments of Pay
Employers in Maine are legally required to comply with court-ordered wage garnishments for child support. These orders are binding and must be followed precisely as outlined.
Key Employer Obligations Automatic Withholding:
Any decision establishing or modifying child support must include a wage withholding order, effective immediately, even if the paying parent is not in arrears.
Withholding Amounts:
The total withholding must include:
The court-ordered child support amount, plus
An additional $2 per week for administrative processing, as required by law.
Employer Fee:
Employers may deduct a $1 fee per check sent to the judgment creditor.
This $1 fee comes out of the withheld amount, not as an extra deduction from the employee.
Contact EmployerESource today or download an employee handbook with state-specific garnishment and payroll policies to ensure your business stays compliant.
Notice of Intention to Quit
Under Maine law, employers in manufacturing or mechanical industries may enter into a written agreement with employees requiring a one-week notice before either party ends the employment relationship.
Employee Notice:
If agreed in advance, employees must give 1 week's notice before quitting. If not, they may forfeit one week's wages.
Employer Notice:
Employers must also give 1 week's notice before discharging an employee. Failure to do so may result in paying the employee one week’s wages.
No forfeiture or penalty applies if the termination or resignation is for reasonable cause.
Either party may still pursue additional damages if there’s a breach of the overall employment contract.
To enforce these notice terms, the agreement must be clearly stated in writing and acknowledged by the employee.
Questions about employment contracts or final pay procedures?
Contact EmployerESource or download an employee handbook with Maine-specific hiring and termination policies to protect your business and stay compliant.
Overcompensation by employer
Maine law outlines specific rules for how employers may recover wages that were overpaid to an employee due to error.
Overcompensation refers to wages paid in excess of what an employee is owed under the employer’s established pay system. It does not include bonuses, commissions, fringe benefits, awards, reimbursements, or insurance proceeds.
Recovery Limits:
If the employee is still employed:
An employer may not deduct more than 10% of the employee’s net pay (after taxes and other legal withholdings) per paycheck to recover the overpayment.
The employee must give written permission for the deduction.
If Employment Ends:
If the employee voluntarily resigns, the employer may deduct the full amount of overcompensation from the final paycheck.
Contact EmployerESource or download an employee handbook with Maine-specific wage and hour policies to ensure your payroll practices stay on solid legal ground.
Paid Family Leave
Under Maine law, employers with 15 or more employees at a permanent work site must provide up to 10 work weeks of family medical leave every two years to employees who have been employed for 12 consecutive months. This leave can be unpaid and may be taken intermittently, with proper notice and medical certification when required. Upon return, employees are entitled to the same or an equivalent position, and their benefits must be protected during the leave.
To stay compliant and protect your business from costly legal issues, it’s essential to have a clear, up-to-date Family Medical Leave policy in your employee handbook.
EmployerESource offers professionally drafted handbooks that include this legally required policy and more—making compliance simple and stress-free. Invest in peace of mind and ensure your policies are clear, consistent, and legally sound.
Salary History
Maine prohibits employers from requesting or using a candidate’s pay history during the hiring process to help combat wage inequality.
Employers may not ask about a prospective employee’s current or past wages, either:
Directly from the applicant
Or from the applicant’s current/former employers
Employers may not use compensation history to determine salary or compensation offers.
Only after a job offer has been made and compensation terms are fully negotiated, can an employer:
Ask about or verify the applicant’s compensation history.
Reach out to EmployerESource or get an updated employee handbook that aligns with Maine’s hiring and wage transparency laws.
Sick Leave
Maine law requires employers with more than 10 employees, operating more than 120 days in a calendar year, to provide earned paid leave to their employees. Employees must accrue one hour of paid leave for every 40 hours worked, up to 40 hours per year, and be paid at their base rate while on leave. Reasonable notice is required, and employers must ensure leave is scheduled in a way that avoids undue hardship to operations.
To help you stay compliant and clearly communicate this policy to your team, EmployerESource offers a professionally developed employee handbook that includes this legally required earned paid leave policy. Our handbooks are customized, up-to-date with current labor laws, and easy to implement—giving you peace of mind and reducing risk.
Protect your business. Stay compliant. Get your employee handbook today with EmployerESource.
Social Media
Under Maine law, employers are prohibited from requesting or requiring employees or job applicants to disclose passwords, access personal social media accounts in the employer’s presence, share account information, or add the employer to their contacts.
At EmployerESource, we provide legally compliant employee handbooks that include clearly written, up-to-date policies tailored to protect your business and support employee rights.
Stay compliant and professional—get your custom employee handbook from EmployerESource today.
Victim Rights
Maine law requires employers to provide reasonable and necessary leave, with or without pay, for employees who are victims—or whose close family members are victims—of violence, sexual assault, or stalking. This leave may be used to:
Attend court proceedings,
Seek or support medical treatment, or
Access services needed to address a crisis.
Employers cannot penalize employees for exercising this right. While exceptions exist—such as undue hardship or lack of reasonable notice—employers must handle such situations carefully and within legal guidelines.
To ensure your business remains compliant and demonstrates care for your workforce, EmployerESource offers professionally crafted employee handbooks that include policies required by Maine law.
Wage Reduction
Under Maine law, employers must provide advance notice to employees before decreasing their rate of pay. Any change must take effect no earlier than the next working day after notice is given.
Exception include if the employee’s rate was temporarily increased to comply with prevailing wage laws (such as the federal Davis-Bacon Act), the employer may return to the regular wage without advance notice, provided all legal notice and posting requirements are met.
To help your business stay compliant EmployerESource offers employee handbooks with clearly written, legally sound wage policies—customized to fit your operations.
Written Statement of Termination
Maine law requires that, upon written request, an employer must provide a written statement of the reason for an employee's termination. This must be done within 15 days of receiving the request.
To ensure your business follows the law and clearly communicates termination procedures, EmployerESource offers employee handbooks with legally compliant, professional policies.