Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Women are
29%
more likely to
live in poverty
than white men in
Maine
Single-woman led households are at the
highest risk
of poverty in
Maine
In
Maine
, women earn
$0.83
for every dollar a white man makes
Women in
Maine
are
40%
more likely to earn
minimum wage
than white men
Women in
Maine
are
34%
more likely to earn a
tipped wage
than white men
In
Maine
, at least
72%
of women are essential to the financial security of their household
Maine’s equal pay law requires equal pay based on sex and race for work that is of a comparable nature in skill, effort and responsibility.[1]
a. Affirmative Defenses: To justify a pay disparity, an employer can assert that the disparity is based on established seniority systems or merit increase systems, or difference in the shift or time of day worked, that do not discriminate on the basis of sex or race.[2]
b. Retaliation: Employers may not discharge or discriminate against you for invoking or assisting in the enforcement of Maine’s equal pay law.[3] A 2023 law makes it a civil violation for an employer to take action intended to prevent or penalize a person from exercising their employment rights.[4]
[1] Me. Rev. Stat. Ann. tit. 26, § 628 (2023).
[2] Id.
[3] Id.
[4] Me. Rev. Stat. Ann. tit.26, §620 (2023).
Yes. While federal law requires equal pay for equal work, Maine requires equal pay for comparable work, which is a more protective standard and it also covers disparities based on race. Additionally, Maine’s equal pay law, unlike federal law, does not include the broad affirmative defense “a differential based on any factor other than sex.”
No. While Maine has introduced legislation that would require employers to disclose pay ranges in job postings, it has not yet been enacted.
Yes. An employer may not inquire about an employee’s compensation history as a prospective employee, including from an employee’s current or former employer.[1] However, an employer can seek compensation history after “an offer of employment that includes all terms of compensation has been negotiated and made.”[2] Additionally, if an employee voluntarily discloses compensation history without prompting, the employer may seek to confirm that information prior to an offer of employment.[3]
[1] Me. Rev. Stat. Ann. tit. 26, § 628-A(2) (2022); Me. Rev. Stat. Ann. tit. 5, § 4577(2) (2022).
[2] Me. Rev. Stat. Ann. tit. 26, § 628-A(2) (2022); Me. Rev. Stat. Ann. tit. 5, § 4577(3) (2022).
[3] Me. Rev. Stat. Ann. tit. 5, § 4577(3) (2022).
Yes. Under Maine law, employers cannot prohibit employees from asking about or disclosing wages “if the purpose of the disclosure or inquiry is to enforce the rights granted” under the state’s Equal Pay Act.[1]
[1] Me. Rev. Stat. Ann. tit. 26, § 628 (2022).
No. Employers are not currently required to report gender-based pay data.
Yes. The minimum wage is higher than the federal minimum wage and is adjusted for inflation annually based on increases in the cost of living.[1] On January 1st each year, the minimum wage will be adjusted for inflation based on the increase, if any, of the cost of living.[2] Municipalities can set a higher minimum wage and some like Portland have a higher local minimum wage.[3] For minimum wage violations, an employer may be held liable for unpaid wages, an equal amount in liquidated damages, and attorney’s fees.[4]
[1] Me. Rev. Stat. Ann. tit. 26, § 664); see also Maine's Minimum Wage to Increase to $14.15 Per Hour in 2024, Me. Dep't of Lab. (Sept. 15, 2023), https://www.maine.gov/labor/news_events/article.shtml?id=11887762.
[2] Me. Rev. Stat. Ann. tit. 26, § 664(1) (2022).
[3] Minimum Wage, City of Portland https://www.portlandmaine.gov/759/Minimum-Wage,
[4] Me. Rev. Stat. Ann. tit. 26, § 670 (2022).
No. An employer may pay tipped employees 50% of the minimum wage, provided tips bring them up to the minimum wage.[1] There are additional exceptions, for example for certain agricultural workers.[2]
[1] Me. Rev. Stat. Ann. tit. 26, § 664(2) (2022).
[2] Me. Rev. Stat. Ann. tit. 26, § 663(3) (2022).
Yes. Employers must pay wages at regular intervals not to exceed 16 days.[1]
[1] Me. Rev. Stat. Ann. tit. 26, § 621-A(1) (2022).
Yes. For each pay period, the employer must furnish a statement showing the date of the pay period, hours, total earnings, and itemized deductions.[1]
[1] Me. Rev. Stat. Ann. tit. 26, § 665(1) (2022).
Yes. In line with federal law, for work over 40 hours per week, the employer generally must pay non-exempt employees overtime at 1.5 times the regular rate, with certain exceptions.[1]
[1] Me. Rev. Stat. Ann. tit. 26, §§ 664(3), 663(3)(K) (2022).
Yes. Maine’s wage theft law allows employees to seek unpaid wages and health benefits due, a reasonable rate of interest, costs, and twice the amount of unpaid wages in liquidated damages.[1] Additionally, an employer can also be subjected to civil forfeiture between $100 and $500 for a wage theft violation.[2] An employee or the Department of Labor may also seek an injunction, and the Commissioner of Labor can issue a cease operations order for wage theft.[3]
[1] Me. Rev. Stat. Ann. tit. 26, § 626-A (2022).
[2] Id.
[3] Me. Rev. Stat. Ann. tit. 26, § 639 (2022).
