ASAP
Maine Enacts Wage Transparency Law
With the recent enactment of LD 54 – “An Act to Require Employers to Disclose Pay Ranges and Maintain Records of Employees’ Pay Histories” – Maine joins a growing list of jurisdictions mandating wage transparency in job postings.
Under the new law, which takes effect on July 13, 2026, all employers with 10 or more employees must include a prospective “range of pay” in any job posting. The law defines “range of pay” as:
the range of pay that an employer anticipates relying on in setting wages for a position, including, but not limited 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.
26 MRSA §622-A(1)(B).
Range of pay does not, however, include compensation based solely on commission. Any job posting for a position compensated solely by commission must indicate this.
The new law covers electronic and printed job postings made by an employer directly or through a third party.
In addition to mandating wage transparency in job postings, LD 54 also requires that upon the request of an employee, an employer shall disclose the range of pay the employer offers for the position the employee currently holds.
The law further requires employers to maintain a record of each position held and the pay history for each employee during the employee’s employment with the employer and for three years after the termination of the employee’s employment.
By enacting LD 54, Maine joins nearly two dozen other jurisdictions that require wage transparency in job ads, including California, New York, and neighboring Massachusetts. Such state laws may have different employee-headcount thresholds that employers should keep in mind. For example, Massachusetts’ law applies to employers with 25 or more employees in the Commonwealth, while New York’s law applies to employers with four or more employees. Maine’s new law does not specify whether its ten-plus employee threshold is limited to employees in Maine or includes the total company-wide.
Key Takeaways and Action Items for Employers
Given the growing number of jurisdictions requiring pay transparency, employers with employees in Maine or whose job postings may target Maine residents should consider the following steps:
- Review current job postings to ensure proper disclosure of pay ranges in jurisdictions that require such disclosures.
- Establish compliant recordkeeping practices to maintain Maine employees’ pay history during and after employment.
- Perform periodic reviews of job postings for compliance with Maine and other state’s wage transparency laws.
Maine can be expected to implement LD 54 strictly, as the new law provides immediate funding for a new Department of Labor inspector position to enforce the required pay range disclosures. Employers should therefore assess the adequacy of current job postings now to reduce exposure and ensure readiness when the new law takes effect.