Maine: Recent Employment Updates

Maine enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Privacy Protections. Employers will be prohibited from requesting applicants’ Social Security numbers, unless used in the context of a pre-employment background screen or substance abuse testing.

Tip Pooling Clarified. Employers may only implement tip pooling among service employees, and provided that they do not violate the Fair Labor Standards Act (FLSA).

Unemployment Benefits Limited. Employees terminated for the unauthorized use of marijuana while on duty are “intoxicated” and disqualified from unemployment benefits. This does not apply to employees using marijuana as permitted under the state’s Medical Use of Marijuana Act.

Emergency Responder Leave. Employers are prohibited from discriminating against emergency medical services personnel, including volunteers, when they are absent from work to respond to an emergency in their official capacity. Employees are required to make every effort to immediately notify their employers of the need for leave.

WARN Notice Extended. Employers will be required to provide 90 days’ advance written notice to employees before closing or relocating a work location under the state’s mini-WARN laws.

Action Items