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