On April 24, 2026, Maine enacted 26 MRSA § 622-A which requires Maine employers to disclose pay ranges and maintain records of employees’ pay histories starting July 29, 2026.
Pay Transparency
Employers with ten (10) or more employees must include, in a job posting, a statement that lists the prospective range of the pay that will be offered to a successful applicant. If the position is paid by commission, the positing must state the compensation for the position is based solely on commission. The statue defines a “posting” as a solicitation that is intended to recruit applicants for a specific available position and that includes qualifications for desired applicants, including recruitment done by third parties. This applies to postings made electronically or printed. The statue defines “range of pay” as the range that an employer anticipates paying for a position, which includes (1) an applicable pay scale, (2) previously determine range of wages, (3) the actual range of wages for those currently holding equivalent positions, or (4) the budgeted amount.
Pay Records Disclosure
When an employee makes a request, an employer is required to disclose the range of pay the employer offers for the position that the employee holds. The employer is required to maintain a record of each position held by an employee, and the pay history, for the duration of the employee’s employment, and for three (3) years after the employees separation of employment.
Employer Takeaways
Prior to July 29, 2026, employers with ten (10) or more employees should audit their job postings to includes the range of pay. Additionally, employers should establish compliant recordkeeping to maintain employee’s pay history.
Stokes Wagner will continue to monitor updates and will provide additional updates as they become available. If you have any questions, do not hesitate to contact a Stokes Wagner attorney.
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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.
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