Maine: Wage and Hour and Statute of Limitations Updates
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Employers should note the following recent updates to Maine employment laws, including a decision from Maine’s Supreme Court.
Reporting Pay Legislation
Effective June 24, 2025, SP 282 requires employers with 10 or more employees to pay employees if the employee reports to work at the request of an employer and the employer cancels or reduces the number of hours in the employee’s scheduled shift. The employee must be paid the lesser of two hours of pay at the employee’s regular rate of pay, or the total pay for the shift for which the employee was initially scheduled. If an employer made a documented good-faith effort to notify the employee not to report to work, then they are not liable for reporting pay. If the employee reports to work after the attempt to notify has been unsuccessful, then the employee must perform whatever work is assigned by the employer; if there is no work to assign, then the employer must pay the reporting wages.
Employers are exempt if the employee is not required to work or is unable to work due to:
- Adverse weather conditions;
- A natural disaster or civil emergency;
- An illness or medical condition of the employee; or
- A workplace injury of the employee.
Narrowing of “Continuing Violation” Doctrine in Discrimination Claims
On July 3, 2025, in Andersen v. Department of Health and Human Services, the Maine Supreme Judicial Court narrowed the ability of employees to bring discrimination claims after the Maine Human Rights Act’s (MHRA) two-year statute of limitations expires where a pattern of discrimination can be shown. Here, an employee of the Maine Department of Health and Human Services alleged a supervisor’s treatment of her created a hostile work environment resulting in anxiety, major depressive disorder, and post-traumatic stress disorder. After taking medical leave for treatment, she requested reassignment as a reasonable accommodation. After being denied, she resigned. She filed a disability discrimination claim and claimed hostile work environment with the Maine Human Rights Commission but did not file a complaint until two years after her resignation.
In reaching its ruling that the plaintiff’s claim was barred by the two-year statute of limitations, the court found that the plaintiff’s medical leave caused a break in the pattern of harassment. This break removed the link between the alleged discriminatory behavior and the plaintiff’s resignation. In addition, denying a specific accommodation request is not discriminatory where the law does not require a specific accommodation.
The decision is a welcome one for employers which provides an important limitation to the extension of the statute of limitations. A break or gap can sever the continuity needed to show a pattern of discrimination. Since a break or gap in the pattern of alleged discrimination will be determined on a case-by-case basis, employers should continue to consult with legal counsel regarding adverse employment actions involving employees who have raised unlawful employment practice complaints in the past.
Changes to Earned Paid Leave Law
Effective September 24, 2025, LD 55 increases the number of required earned paid leave an employee is allowed to accrue and carryover. Under the current law, employees are entitled to accrue up to 40 hours in one year of employment. Employees can carry over accrued and unused paid leave which is capped at 40 hours of total leave. For example, if an employee carries over 40 hours, they cannot accrue more hours unless they use their existing paid leave.
The amendment still allows carryover to be capped at 40 hours, but allows the employee’s paid leave balance to reach 80 hours. However, paid leave usage remains capped at 40 hours. Additional guidance is expected from the Maine Department of Labor regarding the changes.
Action Items
- Update payroll procedures for employee reporting pay obligations, if applicable.
- Consult with legal counsel regarding adverse employment actions taken against employees with recent complaints or grievances.
- Review and update earned paid leave policies.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase