New Wage Disclosure Obligations in Maine

On April 24, 2026, Maine Governor Janet Mills signed LD 54, "An Act to Require Employers to Disclose Pay Ranges and Maintain Records of Employees' Pay Histories," into law (to be codified at 26 M.R.S. § 622-A). Effective July 29, 2026, the new law requires covered employers to:

• Disclose salary ranges in job postings,
• Disclose pay ranges to current employees upon request, and
• Retain pay history records for a defined period.

Employers with Maine operations should prepare now for compliance.

Employers Covered by the Law

The job-posting pay disclosure obligation applies to any employer with 10 or more employees. For multi-state employers, the law does not specify whether only Maine-based employees or all employees of the employer (regardless of which states they work in) should be counted toward this threshold.

Notably, the separate obligation to disclose pay ranges to current employees upon request and to maintain pay history records applies more broadly to "an employer," without an express reference back to the 10-employee threshold, so those obligations are likely to apply to all employers having one or more employees in Maine.

Disclosure to Job Applicants

Employers with 10 or more employees must ensure that any "posting" includes a statement listing the prospective “range of pay” the employer will offer to a successful applicant. "Posting" is defined broadly to mean “a solicitation intended to recruit applicants for a specific available position and that includes qualifications for desired applicants, including recruitment done directly by an employer or indirectly through a 3rd party” (such as a staffing agency or job board), whether distributed electronically or in printed hard copy. Employers that rely on recruiters, staffing agencies, or online job boards to advertise openings will need to ensure those third parties comply with the pay range disclosure requirement on the employer's behalf.

“Range of pay” means the range of pay that an employer “anticipates relying on in setting wages for a position, including, but not limited to, reference to: (1) Any applicable pay scale; (2) A previously determined range of wages for the position; (3) The actual range of wages for those currently holding equivalent positions; or (4) The budgeted amount for the position” but excludes compensation that is based solely on commission. For positions compensated solely on a commission basis, the posting must state that the position's compensation is solely commission-based.

Disclosure to Current Employees

As noted above, all employers in Maine must, upon request from an employee, disclose the range of pay the employer offers for the position that the employee currently holds. This is a request-triggered obligation rather than a proactive posting requirement. Employers should establish a clear internal process for who should receive and respond to such requests to ensure compliance with this new law and also to avoid potential inconsistency and liability (e.g., disparate treatment claims).

Recordkeeping Requirements

In addition to the disclosure requirements, all employers with employees in Maine must maintain a record of each position held by an employee and that employee's pay history in each position. These records must be retained for the duration of the employee's employment and for three years following termination of employment.

Penalties for Violation 

The law does not specifically set out private remedies or penalties, but rather, funds a new Labor and Safety Inspector position within the Maine Department of Labor (DOL) specifically to enforce the pay range disclosure and recordkeeping requirements. This suggests that the state intends to enforce the law primarily through DOL's regulatory and inspection functions. Generally, DOL could pursue enforcement action, and noncompliance could also be cited as evidence in potentially related equal pay, wage, or discrimination claims.

Employer Action Items 

Employers with Maine operations should take the following steps to prepare for compliance:

• Confirm whether your organization meets or is approaching the 10-employee threshold that triggers the job posting pay range requirement.
• Audit all direct and third-party channels used to advertise open positions (including internal postings, company career pages, and third-party job boards or recruiters) to ensure compliance with the job posting pay range disclosure requirement (or the commission-only disclosure, where applicable).
• Establish written pay ranges or pay scales for each position, or confirm that existing budgeted amounts or pay bands can serve as the "range of pay" disclosed in postings and to employees.
• Implement an internal process and designate a point of contact (typically someone responsible for HR matters) for receiving and responding to current employees' requests for the pay range applicable to their position.
• Review the information tracking and retention settings of payroll and HR information systems to confirm they are able to track and retain each employee's position history and pay history during an employee’s employment and for three years post-termination.
• Update HR training materials to reflect the new posting and disclosure obligations, and communicate the changes to hiring managers and third-party staffing partners who post positions on the company's behalf.
• Continue to monitor for a final codified version of 26 M.R.S. § 622-A and any implementing guidance from the Maine Department of Labor, since the definition of “an employer” for internal current employee pay disclosure obligations and penalty and enforcement details may be clarified through agency rulemaking or guidance rather than the statutory text.

If you have questions about this new wage disclosure law, how it interacts with wage disclosure laws in other states, and the ways that these laws may affect your organization, please contact Employment Practice Group attorneys Katherine Porter, Suzanne King or your Pierce Atwood employment lawyer.