Maine
Maine: New Regulations on Employee Surveillance
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APPLIES TO All Employers with Employees in ME |
EFFECTIVE TBD (Anticipated Summer 2026) |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
Maine’s new law, enacted under LD 61 and titled An Act to Regulate Employer Surveillance to Protect Workers, positions Maine among the few states with statutory surveillance requirements, but goes much further than the notice-only approaches adopted in other states.
LD 61 regulates “employer surveillance,” broadly defined as monitoring employees through computers, phones, radios, or other electronic systems, including electromagnetic, photoelectronic, and photo‑optical tools. The statute applies to both public and private employers, and its definition of “employee” includes any individual who provides services in exchange for wages or remuneration, suggesting that the law may reach certain contract workers as well. The law does include several exclusions, such as employer use of surveillance cameras for safety or security purposes, GPS or safety systems installed on employer‑owned vehicles, and certain monitoring activities in “personal care services” settings where surveillance may be conducted by employers, clients, patients, or unpaid caregivers.
Under the law, employers are prohibited from engaging in surveillance in an employee’s home, on the employee’s personal property, or in the employee’s personal vehicle, unless such surveillance is genuinely required for the employee’s job duties. The law also prohibits employers from requiring employees to install data‑collecting or monitoring software on their personal devices. Employees have a statutory right to refuse such requests, a limitation that may significantly impact bring‑your‑own‑device policies and the design of remote‑work technology systems.
In addition to these prohibitions, LD 61 imposes several notice obligations for employers. Specifically, employers must:
- Inform employees before implementing any form of electronic surveillance;
- Disclose their monitoring practices to job applicants during the interview or hiring process; and
- Provide employees with an annual written notice confirming that surveillance is being conducted.
Notably, however, the law does not require a workplace posting, nor does it require employers to collect written acknowledgments from employees.
The Maine Department of Labor has authority to enforce the statute, and violations carry civil penalties ranging from $100 to $500 per violation. There is no private right of action, meaning employees cannot sue directly under the law, but the penalty structure still creates meaningful compliance risk for employers with large workforces or widespread monitoring tools.
The Act will become effective 90 days after the close of Maine’s current legislative session, with an anticipated effective date sometime in summer 2026.
Action Items
- Audit existing use of employee surveillance tools and identify systems that may require modification under the new requirements.
- Prepare for employee and applicant notice requirements.
- Have appropriate personnel trained on employee surveillance 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. © 2026 ManagEase