Maine — Hiring & Onboarding

Maine prohibits employers from requesting criminal history record information on initial employee application forms or stating in an application or advertisement that persons with a criminal history may not apply or will not be considered. Employers may inquire about criminal history during an interview or after determining the applicant is otherwise qualified for the position. Exceptions apply when federal or state law creates a mandatory or presumptive disqualification based on conviction or imposes an obligation not to employ persons with certain convictions. The law took effect October 18, 2021.

Source: 26 M.R.S. § 600-A

Maine requires every employer doing business in the state to report newly hired and rehired employees to the Department of Health and Human Services within 7 days of the date that services for remuneration are first performed. This obligation arises under 19-A M.R.S. § 2154 and applies to all employers, including private entities, nonprofit organizations, government agencies, and labor organizations (as defined for federal income tax purposes under 26 U.S.C. § 3401(d)).

Who must be reported

A "newly hired employee" means a person who resides or works in Maine to whom the employer anticipates paying earnings and who either (1) has not previously been employed by the employer, or (2) was previously employed by the employer but has been separated from that prior employment for at least 60 consecutive days. An employer who is otherwise required to report employees must also report the contracting for services in Maine with an independent contractor when reimbursement for such services is anticipated to equal or exceed $2,500.

The reporting obligation extends to employees who quit or are terminated before the 7-day deadline expires—termination before the report is due does not excuse the requirement.

Required information

The report must contain:

• The employee's name, address, Social Security number, date of birth, and the most recent date that services for remuneration were first performed; and
• The employer's name, address, and employment security reference number or unified business identifier number.

Reporting methods

Employers may report by mailing the employee's copy of the W-4 form, transmitting a facsimile of the W-4 form, sending magnetic tape in a compatible format, or by other means mutually agreed upon with the department that will result in timely reporting. In practice, most employers file electronically via the Maine New Hire Reporting Center's online portal. Employers submitting reports magnetically or electronically may submit reports by two monthly transmissions (not less than 12 days or more than 16 days apart).

Multi-state employers

Federal law (42 U.S.C. § 653A) permits an employer with operations in multiple states to designate one state to receive all new hire reports rather than reporting separately to each state. The employer must notify both the Secretary of the U.S. Department of Health and Human Services and the Maine department of the designation. The National Directory of New Hires maintains a list of multi-state employers and their designated reporting locations.

Penalties

An employer who knowingly fails to report as required must be given a written warning by the department for the first violation. Each subsequent violation after the warning has been given subjects the employer to a civil penalty of up to $200 per violation. All violations within a single month are considered a single violation for purposes of assessing the penalty under 19-A M.R.S. § 2154(6).

Purpose and data transmission

Within 3 business days after the date information regarding a newly hired or rehired employee or independent contractor is entered into the department's computer system, the department transmits the information to the National Directory of New Hires maintained by the federal Department of Health and Human Services. The department uses new hire reports to locate noncustodial parents who owe child support, establish child support orders, or enforce existing orders. The department also shares the information with the Maine Department of Labor (to prevent and detect improper unemployment benefit payments), the Workers' Compensation Board, and Maine Revenue Services.

Source: 19-A M.R.S. § 2154

Enforcement Agency:

Under 26 M.R.S. § 600-A, the Maine Department of Labor (MDOL) enforces the state's ban-the-box law, which prohibits criminal history inquiries on initial employment applications except in specified circumstances.

Complaint and Investigation Process:

An individual who believes that an employer has violated the statute may file a complaint with MDOL. The Department is authorized to investigate the complaint and, upon finding a violation, may order the employer to remove any unlawful language from job applications or advertisements and to comply prospectively. MDOL may also initiate enforcement independently if it becomes aware of a possible violation.

Penalties:

For a first violation, the Department will issue a warning and a compliance order. For subsequent violations, MDOL may assess a civil penalty of up to $500 per violation. The statute does not expressly define whether the penalty applies to each discrete application, posting, or broader violation pattern; employers should read the plain text and seek clarification from MDOL for large-scale practices.

No Private Right of Action:

The statute does not create a right for individuals to sue employers directly under this law. Enforcement is exclusively through MDOL.

| Violation | Enforcement Action | Maximum Penalty | |---------------------|----------------------|-------------------------| | First violation | Warning/Order | — | | Subsequent violation(s) | Civil penalty | $500 per violation |

Source: 26 M.R.S. § 600-A

Maine’s ban-the-box prohibition on criminal history inquiries at the initial application stage under 26 M.R.S. § 600-A applies to a broad range of employers, both private and public, with specific exclusions spelled out in the statute’s definitions.

Covered employers:

• Any person or business entity doing business in Maine (private employers)
• The State of Maine (except as noted below)
• Any political subdivision of the State, including counties, municipalities (cities and towns), and public school administrative units (the latter falling under “political subdivisions” per Maine’s legal definitions)

Entities expressly excluded:

• Employers hiring for positions in the state’s legislative, executive, or judicial branches (that is, positions directly employed by the Maine state government)
• Employers who are quasi-independent state entities or other public instrumentalities of the State (as those terms are defined in Maine law)

Summary: If you are a municipality, county, town, or public school district in Maine, you are covered by the criminal history inquiry ban at the application stage unless you are hiring for a direct state government branch position or for a quasi-independent state/public instrumentality. All private employers are in scope.

Source: 26 M.R.S. § 600-A

Delegation to Payroll Providers

Under 19-A M.R.S. § 2154, the legal obligation to report new hires in Maine rests squarely with the employer. However, Maine’s Department of Health and Human Services acknowledges that employers may use a payroll service or accounting provider to fulfill the new hire reporting requirement. (The Department’s prior FAQ stated, “If you use a payroll or accounting service, consider asking the service to report your new hires for you.”) Most large employers and many small businesses do so, often reporting electronically via the Maine New Hire Reporting Center, which permits authorized third-party preparers to file reports on behalf of multiple clients.

Employer Responsibility Remains

Even when delegating the actual transmission of information to a payroll or HR provider, the statutory obligation—along with any liability for missed or inaccurate reports—remains with the employer. The text of 19-A M.R.S. § 2154(2) provides that “An employer doing business in this State shall report” new hires; while the law accommodates alternative means of reporting (including mutually agreed upon third-party methods), it does not transfer the reporting duty itself. If a required report is not submitted, or is incomplete or untimely, any penalty assessed by the Department will be imposed on the employer, not the service provider. The statutory enforcement provision (19-A M.R.S. § 2154(6)) likewise refers only to the employer’s compliance and penalties.

Summary

Employers in Maine may satisfy their new hire reporting mandate by contracting with a third-party payroll or HR service to submit electronic reports on their behalf. This is consistent with agency guidance and fits within the statutory language. However, legal responsibility for timely and accurate reporting—and for any related penalties—remains with the employer even when a third party handles the mechanics.

Source: 19-A M.R.S. § 2154

Under 26 M.R.S.A. § 621-A, sub-§ 7, Maine requires employers to notify each newly hired employee in writing at the time of hiring of:

• The rate or rates of pay that will apply;
• The regular paydays designated by the employer.

This statutory requirement is independent of any federal Fair Labor Standards Act (FLSA) obligations—it is a Maine state-specific rule. The written notice obligation applies at the point of hire, but the statute also allows the notice to be given "by a posting in a place accessible to the employee or by delivery to the employee." In practice, most employers meet this requirement by including the wage and payday information in a written offer letter, onboarding packet, or employment agreement delivered when the employee accepts the position or completes HR paperwork.

The law does not prescribe a specific format for this written notice. However, it must be clear and must reach each individual employee—posting is allowed, but only if it ensures all new hires are actually notified of their pay rate and schedule. If an employer changes either the wage rate or regular payday after hire, 26 M.R.S.A. § 621-A, sub-§ 7 also obligates the employer to notify employees of the change "prior to the change becoming effective."

Key Requirements at a Glance:

• Written notice required at time of hire
• Applies to all employers and new hires (no size threshold or exemption specified)
• Must state pay rate(s) and regular payday
• Updates required whenever these terms change

Source: 26 M.R.S.A. § 621-A, sub-§ 7