The Maine Event: What Employers Need to Know About the New Pay Transparency Law

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Maria V. Martin

June 4, 2026

Maine has joined a growing number of states requiring compensation transparency in the employment setting.  On April 24, 2026, Governor Janet T. Mills signed Legislative Document 54 (“LD 54”) into law, enacting 26 M.R.S.A. § 622-A, and establishing new job posting, pay disclosure, and recordkeeping requirements for Maine employers.  The law takes effect on July 29, 2026 so employers should take immediate steps to ensure compliance with the law.

Who Is Covered

Employers with ten or more employees will be required to disclose the pay range for positions in job postings.  In addition, all employers will be required to disclose pay ranges to employees who ask and will be subject to recordkeeping requirements.

Job Posting Requirement

Employers with ten or more employees must ensure that every job posting includes the prospective range of pay that the employer will offer to a successful applicant.  The law defines a “posting” broadly as a solicitation intended to recruit applicants for a specific available position, including both electronic and printed postings.  This requirement also extends to postings done directly by the employer and indirectly through a third party.

The “range of pay” is defined as the amount that the employer intends to rely upon in setting the wages for the position, including (1) any applicable pay scale; (2) a previously determined range of wages for the position; (3) the actual range of wages for employees currently holding equivalent positions; or (4) the budgeted amount for the role.  Employers do not need to disclose a pay range for positions compensated solely on commissions.  However, the posting must affirmatively state that compensation is commission-only.

Pay Disclosure to Current Employees

If an employee so requests, all employers must disclose the range of pay that the employer offers for the position that the employee holds.

Recordkeeping

All employers must maintain a record of each position held by an employee and the employee’s pay history in each position for the duration of the employee’s employment and for three years following the termination of the employee’s employment.

Practical Takeaways for Employers

LD 54 appropriates funding for a new Labor and Safety Inspector position dedicated to enforcing the new requirements, signaling that the state intends to actively monitor compliance with the law.  Therefore, employers should begin implementing the following steps before the new law becomes effective on July 29, 2026:

  • Audit all active job postings and ensure each posting includes a compliant pay range statement or the commission-only structure
  • Review HRIS and payroll systems to confirm that you are capturing and retaining the required data – and that you can retain these records for the mandated three-year post-termination period
  • Train hiring managers, Human Resources, and recruiters about this new law

 

The author of this article, Maria V. Martin, is a member of the Bars of New Jersey, New York, Ohio, and Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, New York, Ohio, Pennsylvania, Maine,  or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.

 
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