MORE EMPLOYEE PROTECTIONS ARE COMING TO MAINE, EFFECTIVE SEPTEMBER 19, 2023
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Patricia Tsipras
September 18, 2023
Maine Protects Employees from Retaliation
Effective September 19, 2023, Maine enacted “An Act to Provide Uniform Protections from Retaliation for Maine Workers in Connection with the Exercise of Rights Protected Under the Laws Governing Employment Practices.” See 2023 Me. SP 326. The new law will give the Maine Department of Labor and the Maine Attorney General a means to protect an employee if an employer retaliates against the worker for asserting rights under Maine’s labor laws.
The new protections extend to any right listed in Title 26, Chapter 7, Employment Practices. These rights include earned paid leave, limits on mandatory overtime, protections for nursing mothers, equal pay, family sick leave, and veterans’ leave.
If an employer is found to have retaliated against a worker, the penalties could include a fine between $500 and $1,000 for each violation.
Maine Amends Its Equal Pay Law to Include Race
Also effective September 19, 2023, Maine expanded its Equal Pay Law to prohibit discrimination in pay on the basis of race. See 2023 ME HP 1092. The expansion seeks to lessen the wage gap for those who fall victim to racial discrimination and provides them with further legal support.
The new law specifically prohibits employers from discriminating “between employees in the same establishment on the basis of race” by paying wages to any employee at a rate less than the rate at which the employer pays any employee “of another race for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.” Differentials that are paid pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of race are not prohibited.
Previously, the Maine Equal Pay Law prohibited an employer from discriminating in pay on the basis of sex only.
Maine Raises Damages Caps Under Its Human Rights Act
Maine’s Human Rights Act (HRA) prohibits discrimination in employment on the basis of race, color, sex, sexual orientation, age, physical or mental disability, genetic predisposition, religion, ancestry, or national origin. Maine has increased the caps on potential compensatory and punitive damages awards for violations of the HRA. See 2023 ME HP 919.
The increases are as follows:
- For employers who have more than 14 and fewer than 101 employees, cap raised from $50,000 to $100,000
- For employers who have more than 100 and fewer than 201 employees, cap raised from $100,000 to $300,000
- For employers who have more than 200 and fewer than 501 employees, cap raised from $300,000 to $500,000
- For employers who have more than 500 employees, cap raised from $500,000 to $1 million
Maine Bans Non-competes for Veterinarians
Maine will prohibit employers from requiring or permitting licensed veterinarians from entering into non-competition agreements, unless the veterinarian has an ownership interest in the business. The law is retroactive, prohibiting courts from enforcing such agreements entered into prior to the law’s effective date (September 19, 2023). See 2023 ME HP 457.
Employer Takeaways
Employers should audit and update their employment policies and practices in light of these changes and seek counsel to determine how to mitigate exposure where it may exist.
*Special thanks to Ava Petrellese, our Paralegal, and to Leah Vozzi, our Pre-Law Intern, for their contributions to this article.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Maine, Pennsylvania, 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.
