Last updated September 24, 2026
By: Maria Fox & Meredith K. Cook
Maine’s new pay transparency law, 26 M.R.S. § 622-A, took effect on July 29, 2026. It requires employers with 10 or more employees to include prospective pay ranges in covered job postings. The new law also gives current employees the right to request the pay range for the position they hold.
The new requirement is part of a broader Maine framework that also includes compensation history restrictions and equal pay protections. Together, these laws are designed to promote equal pay for comparable work between employees of different sexes and races.
What Does Maine’s New Pay Transparency Law Require?
Employers with 10 or more employees must include a prospective pay range in most job postings. Under Maine law, 26 M.R.S. § 622-A, a posting is a solicitation to fill a position and lists the desired qualifications. The law covers recruiting done directly by an employer or indirectly through a third party, whether electronically or in print.
The required pay range is the pay range the employer anticipates relying on when setting wages for the position. It may be based on an applicable pay scale, a previously determined pay range, the actual pay range of employees in equivalent positions, or the amount budgeted for the position. If a position is compensated solely by commission, the posting must say so instead of listing a pay range.
Current employees may also request the pay range for the position they hold. At an employee’s request, covered employers must provide the employee with the pay range for their position. The employee should but is not required to make such a request in writing and need not provide the reason for their request.
Can Maine Employers Ask Applicants About Their Previous Salary?
Generally, no. Maine employers may not ask an applicant or the applicant’s current or former employer about the applicant’s compensation history before an offer containing all terms of compensation has been negotiated and made.
Maine’s compensation history law is intended to prevent prior pay from perpetuating existing wage disparities. For employers, it is important to review applications, interview questions, and other hiring materials to ensure they do not solicit responses about an applicant’s pay history.
What Does “Comparable Work” Mean Under Maine’s Equal Pay Law?
Comparable work is evaluated by looking at the actual requirements of the jobs, including skill, effort, and responsibility. Maine’s Equal Pay Law prohibits pay differences based on sex or race between employees who perform comparable work.
Job titles or credentials alone do not determine what is considered “comparable work.” For example, an advanced degree may not defeat “comparable work” if the degree does not change the skill required to perform the particular job. Additionally, the employees’ actual job duties – not just the job title or job description – are most relevant and need not be identical to be considered comparable.
Is it Always Unlawful for Employers to Pay Different Wages to Employees Performing Comparable Work?
Not necessarily. A pay difference between employees performing comparable work is not automatically unlawful. Maine law provides three exceptions to the rule that employers must provide equal pay for comparable work: (1) pay differentials resulting from established seniority systems; (2) pay differentials resulting from established merit-increase systems; and (3) pay differentials resulting from a difference in the shift or the time of day worked. None of these exceptions apply if the system discriminates based on sex or race.
For employers, the important consideration is whether a compensation difference for employees performing comparable work is tied to one of the three specific exceptions. As pay information becomes more accessible, and because most employees have the right to freely discuss their pay, employers should be prepared to understand and document if and why employees performing comparable work are paid differently.
How Does Maine’s New Pay Transparency Requirement Fit into Its Existing Equal Pay Protections?
The new transparency requirement provides another tool to enforce Maine’s existing equal pay protections. Maine’s Equal Pay Law requires equal pay for comparable work. The restriction on inquiring about compensation history limits the information employers may use when determining an applicant’s pay in order to stop the perpetuation of unequal pay. The new pay transparency law requires covered job postings to show what an employer expects to pay for a position before they learn what compensation the applicant is seeking, which may be tainted by a history of unequal pay.
These requirements work at different points in the compensation process. Transparent pay ranges may help employees identify potential differences, while employers may gain a clearer view of inconsistencies in their own compensation practices. A difference in pay does not necessarily mean there is a violation, but transparency can prompt questions about how compensation decisions are made.
What Should Maine Employers Review Now?
Employers should review hiring and recruiting practices, existing compensation practices, and internal processes and records.
| Area to review | What to consider |
| Hiring and recruiting practices | Ensure covered postings include the prospective pay range, review applications and interview materials for prohibited salary history questions, and make sure third-party recruiters use compliant information. |
| Existing compensation practices | Review how pay ranges are established and whether differences among employees performing comparable work can be lawfully defended. |
| Internal processes and records | Create a process for employee pay range requests and maintain records of each position and pay history during employment and for three years after employment ends. |
What Should Maine Employees and Job Applicants Know?
Applicants should expect covered postings to include a prospective pay range, while current employees may request the pay range for the position they hold. Applicants generally do not have to provide their compensation history during the hiring process and can instead refocus the conversation on what level of compensation they are seeking.
For employees, the pay range for their current position can provide useful context for comparison. But being paid less than a coworker or below an advertised range does not, by itself, establish an Equal Pay Law violation. Differences in pay between employees of the opposite sex or of different races may be permissible when the positions’ duties are not sufficiently similar or if the employer meets one of the exceptions that allows wage differentials.
When Should an Employer or Employee Seek Legal Advice?
Legal advice may be useful when the general rules do not clearly answer the specific set of facts. For employers, that may include questions about compensation for employees of different sexes or races who perform similar but perhaps not comparable work, how to navigate salary negotiations, or updating hiring and recordkeeping practices.
Employees or applicants may want legal advice if an employer does not provide requested pay range information, if they have concerns about unequal pay for comparable work, or if compensation history questions arise during hiring.
These issues are often fact specific, and small differences in job duties, compensation systems, or the employment relationship can play a role, so it may be helpful to review your specific situation with an attorney. If you have questions about Maine’s pay transparency requirements, equal pay laws or other workplace matters, the employment attorneys at Murray Plumb & Murray can help you understand how the law may apply to your situation.
FAQs
What if an employer posts an extremely wide pay range?
The statute does not set a specific maximum width for a posted range. However, employers should use a range that accurately reflects what they expect to rely on for the position rather than an arbitrary or generic estimate.
Does Maine’s pay transparency law apply to online and third-party job postings?
Yes. The law expressly includes electronic and printed postings and recruitment conducted directly by an employer or indirectly through a third party. Covered employers should ensure recruiters and hiring platforms have the correct pay range information.
What if my employer is in another state, but I work in Maine?
The statute does not expressly resolve every multistate or remote work situation. The law also does not specify whether the ten employee threshold counts only Maine employees or an employer’s total workforce. The answer may depend on the position and its connection to Maine. Employers and employees should seek advice when coverage is unclear.
Does the posted range mean I can be offered anywhere within that range?
The posted range shows the range the employer anticipates relying on when setting wages but does not guarantee a particular applicant a specific amount. An employer may make an individual offer within the range subject to Maine’s other compensation laws.
Can Maine employees discuss their pay with coworkers?
Generally, yes. Several state and federal laws protect employee discussions about wages. For example, under the National Labor Relations Act, most non-supervisory employees have the legal right to discuss their wages with their coworkers. Under the Maine Equal Pay Law, an employer may not prohibit an employee from disclosing their own wages or, for purposes of enforcing Equal Pay Law rights, inquiring about or disclosing another employee’s wages. The statute does not require an employee to disclose wages.
Can an employer ask an applicant what salary they are looking for?
Maine’s compensation history law does not prohibit an employer from asking what compensation an applicant is seeking. It prohibits asking about the applicant’s past compensation before an offer containing all terms of compensation has been negotiated and made. Employers also should avoid using a salary expectation question as an indirect way to obtain prohibited compensation history information.
How long must Maine employers keep employee pay and position records?
Employers must keep a record of each position held by an employee and their pay history for the duration of the employee’s employment and for three years post-separation.
What if my current pay is below the range being advertised for my job?
That difference does not, by itself, establish a legal violation. A current employee may request the pay range the employer offers for the position the employee holds. If the information raises concerns, it’s also important to consider whether the work is comparable as that term is defined by law to another employee of a different sex or race and whether the compensation differs for a lawful reason. The employment attorneys at Murray Plumb & Murray can help evaluate whether a difference is lawful or gives rise to an Equal Pay Law claim.
What happens if an employer doesn’t comply?
Maine’s Bureau of Labor Standards is responsible for enforcing the state’s wage laws, and the Legislature funded an additional Labor and Safety Inspector to enforce the new pay disclosure and pay history record requirements. Additionally, employees may enforce their rights to equal pay in court.
If you have questions about Maine’s pay transparency requirements, equal pay laws, or other employment-related matters, the employment attorneys at Murray Plumb & Murray can help you understand your options and make informed decisions about your situation.
