Maine Employers: Prepare for New Pay Transparency Requirements
Maine recently enacted a pay transparency law that requires most employers to include a pay range in all job postings. The law is scheduled to take effect on June 29, 2026.
What must covered employers do to comply?
The pay transparency requirements apply to employers with 10 or more employees. Covered employers must disclose the wage or salary range in postings for new jobs. This requirement also applies to internal job postings, such as transfers and promotions. A “job posting” is defined as a solicitation intended to recruit applicants for a specific position and includes the qualifications for desired candidates. This includes postings made indirectly through a third party. The law is silent on whether it applies to postings for jobs that can or will be performed remotely.
Maine’s law does not require a general description of benefits, which is a common requirement in other jurisdictions.
The wage or salary range can be set by reference to: (1) an applicable pay scale; (2) a previously determined wage range for the position; (3) the actual range of wages for employees in equivalent positions; or (4) the budgeted amount for the position. An employer is not required to include a wage range if the position is compensated solely on commission; however, the posting must disclose that the position is commission-only.
Additionally, upon the request of an employee, the employer must disclose the range of pay it offers for the position the employee holds. Employers must maintain a record of each position held by an employee and the pay history of the employee in each position for the duration of the employee's employment with the employer and for three years after termination.
What are the penalties for failure to comply?
There is no private right of action. Instead, the Maine Department of Labor may issue fines ranging from $100 to $500 for each violation.
Takeaways for Employers
Employers doing business in Maine should review their current pay rates, hiring practices, promotion practices and job postings in anticipation of the June 29, 2026 effective date.
States continue to enact pay transparency requirements for job postings. For example, Illinois, Massachusetts, Minnesota, New Jersey and Vermont all had pay transparency laws take effect in 2025. Virginia is set to join them this year, and Delaware’s pay transparency law will take effect in 2027.
