The following terms used in chapter 3 shall have the following meanings: 1. FACTORY. Factory means any premises where steam, water or other mechanical power is used in aid of any...
The person in charge of any workplace as defined in section 1 provided by the State, state agency, county, municipal corporation, school district, or other public corporation or political...
All information and reports recorded by the director or the director's authorized agents under this Title are confidential, and no names of individuals, firms or corporations may be used in any...
The District Court and the Superior Court shall have original jurisdiction of actions brought for the recovery of fines and penalties imposed by this Title, and of prosecutions for violations of...
No court nor any judge or judges of any court may issue a preliminary or permanent injunction in any case involving or growing out of a labor dispute except after hearing the testimony of...
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Employee organizations, unions and bargaining agents in the private sector engaged in collective bargaining with employers may negotiate on behalf of retired and retired disabled former employees...
The Bureau of Labor Standards within the Department of Labor, as established and referred to in this Title as the bureau, is maintained under the direction of an officer whose title is Director...
The bureau shall collect, assort and arrange statistical details relating to all departments of labor and industrial pursuits in the State; to trade unions and other labor organizations and their...
1. DEPARTMENT TO ESTABLISH PROGRAMS. The department shall establish and supervise programs for the education and training of employers, owners, employees, educators and students in the...
1. BUREAU TO FURNISH POSTER OR NOTICE. The bureau shall produce and furnish to employers posters or notices in printed form outlining state labor laws applicable to those employers and regulating:...
The director may furnish a written or printed list of interrogatories for the purpose of gathering such facts and statistics as are contemplated, to any person, or the proper officer of any...
The director as state factory inspector, and any authorized agent of the bureau, may enter any workplace as defined in section 1, provided by the State, state agency, county, municipal...
A representative of the employer and an authorized employee representative shall be given an opportunity to accompany the director or his authorized agent during the physical inspection of the...
If, upon inspection, the director or any authorized agent of the bureau finds that an employer has violated any rule or order promulgated pursuant to section 565, he shall immediately issue a...
Whoever, being duly summoned under section 43, willfully neglects or refuses to attend, or refuses to answer any question propounded to him concerning the subject of such examination as provided...
All state, county, city and town officers are directed to furnish the director, upon his request, such statistical or other information contemplated by sections 42 to 45 as shall be in their...
All reports to the Bureau of Labor Standards involving deaths, injuries and occupational diseases shall be available to the injured employee, his survivors or representatives upon written request...
A Superior Court in the county in which the imminent danger is alleged to exist shall have jurisdiction, upon petition of the director, to restrain any conditions or practices in any place of...
Any employee or a representative of an employee of the State, a state agency, county, municipal corporation, school district or other public corporation or political subdivision who believes that...
1. FORM; EFFECT. Upon the failure of an employer to pay the amount assessed for unpaid wages or severance pay pursuant to chapters 7 and 15, the director may file in the registry of deeds of any...
In addition to any penalties provided in chapter 7, subchapters I to IV, the director may assess a forfeiture against any employer, officer, agent or other person who violates any provision of...
1. FUND ESTABLISHED. To accomplish the objectives outlined in section 42-A, there is established in the State Treasury a special fund, known as the Safety Education and Training Fund. The safety...
1. ESTABLISHMENT OF FUND. There is established in the State Treasury a special fund known as the Occupational Safety Loan Fund, for the purposes of making loans and grants in accordance with...
The department may administer a statewide program to make low interest loans and to make grants to improve safety and promote healthful working conditions in factories, workshops and workplaces in...
1. APPLICATION OF CHAPTER. This chapter applies to all employers, employees and places of employment in the State except employees of the Federal Government. 2. CONSTRUCTION. Nothing in this...
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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. BUREAU. Bureau means the Department of Labor, Bureau of Labor...
Every employer shall establish an education and training program for all operators as provided in this section. 1. REQUIREMENTS. An employer's education and training program must be provided...
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The Commissioner of Labor shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, relating to sanitation on railroad property as it affects the safety...
This subchapter applies to locomotives and caboose cars and other rolling stock, including camp cars and any other work area in which sanitation is not governed by a federal agency or another...
For the purposes of this subchapter, the Commissioner of Labor or the commissioner's designee may, at any reasonable time and upon presentation of appropriate identification, enter and inspect a...
A person who violates any rule that is adopted by the commissioner under this subchapter shall be subject to a civil forfeiture not to exceed $ 1,000 for each violation. Each day of violation...
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As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. 1. APPROVED. Approved means as approved by the Board of Occupational...
The Board of Occupational Safety and Health as established by Title 5, section 12004-G, subsection 24, shall consist of 10 members of which 9 shall be appointed by the Governor. Of the 9 appointed...
The board shall formulate and adopt reasonable rules, pursuant to Title 5, chapter 375, subchapter II, for safe and healthful working conditions, including rules requiring the use of personal...
1. ADVISE AND PROPOSE STANDARDS. The board shall work with the Bureau of Public Improvements with respect to evaluation of indoor air quality and ventilation in public school buildings and...
The bureau shall inspect and enforce the rules and regulations. ...
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Any person aggrieved by an order or act of the director or of an inspector of the bureau or wishing to contest any citation or penalty issued under sections 45 and 46 may, within 15 working days...
The rules formulated under this chapter may supplement, but do not supersede, the rules adopted by the Board of Boiler Rules and the Board of Elevator and Tramway Safety, whose rulemaking...
Any affected employer may apply to the director for order for a variance from a standard promulgated under this chapter. Affected employees shall be given notice of each application and an...
It is declared the public policy of the State of Maine that all workers engaged in agricultural labor in the State shall be protected from hazards to their safety or health and that working...
To implement section 580 in workplaces provided by the State, state agency, county, municipal corporation, school district or other public corporation or political subdivision, the Occupational...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. AGRICULTURAL LABOR. Agricultural labor means agricultural labor as...
The bureau shall adopt rules for the protection of the health, safety and welfare of the agricultural laborers and their families who occupy housing provided, owned or controlled by their...
Actions to enforce this subchapter may be brought in accordance with this section. 1. CIVIL VIOLATION. An employer who violates this subchapter or the rules adopted under this subchapter...
This subchapter does not apply to a person who, in the ordinary course of that person's business, regularly provides housing to the general public on a commercial basis and who provides to any...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings: 1. EMPLOYEE. Employee means every person who may be permitted, required...
No employer may require any employee or accepted applicant for employment to bear the medical expense of an examination when that examination is ordered or required by the employer. No employer...
The occupier or manager of every textile factory shall post in every room where any employees work by piece rate, in legible writing or printing, and in sufficient numbers to be easily accessible...
It is unlawful for an employer to assess a fee or charge a prospective employee in any fashion for requesting, submitting, filing or completing an application for employment with that employer....
1. LEGISLATIVE FINDINGS. The Legislature finds that: A. The practice of receiving applicants for employment, conducting interviews of job applicants or performing medical examinations...
An employee who is temporarily laid off by an employer for over 6 weeks and who is placed on a recall or spare list by that employer for the purpose of being recalled to work shall have 7 days...
An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of that...
An employer who discloses information about a former employee's job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is...
1. DEFINITION. As used in this section, unless the context otherwise indicates, broadcasting industry contract means an employment contract between a person and a legal entity that owns one or...
In the absence of a collective bargaining agreement or other written employer-employee agreement providing otherwise, an employee, as defined in section 663, may be employed or permitted to work...
The following provisions govern the enforcement of this subchapter. 1. VIOLATION. Any employer who violates this subchapter commits a civil violation for which a forfeiture of not less than $...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Employer means all private and public employers,...
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. 1. EMPLOYMENT AGENCY. Employment agency means any person who conducts a...
1. PLACEMENT FEE. The placement fee charged to an applicant for employment by an employment agency shall not exceed the equivalent of the first full week's gross wages. This fee shall be in full...
This subchapter may not be construed to prevent a municipality from acting under its home rule authority granted by Title 30-A, section 3001 and by the Constitution of Maine, Article VIII, Part...
1. VIOLATION. Any employment agency which violates this subchapter commits a civil violation for which a forfeiture of not less than $ 100 nor more than $ 500 for each violation may be adjudged....
1. MINIMUM FREQUENCY. At regular intervals not to exceed 16 days, every employer must pay all wages earned by each employee. Each payment must include all wages earned to within 8 days of the...
Every employer shall keep a true record showing the date and amount paid to each employee pursuant to section 621-A. Every employer shall keep a daily record of the time worked by each such...
This section and sections 621-A and 622 do not apply to family members and salaried employees as defined in section 663, subsection 3, paragraphs J and K. Sections 621-A and 622 do not apply to an...
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Any person, firm or corporation engaged in any manufacturing or mechanical business may contract with adult or minor employees to give one week's notice of intention on such employee's part to...
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1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following words shall have the following meanings. A. Covered establishment means any industrial or...
Whoever violates any of the provisions of sections 621-A to 623 or section 626, 628, 629 or 629-B is subject to a forfeiture of not less than $ 100 nor more than $ 500 for each violation. Any...
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No assignment of wages is valid against any other person than the parties thereto, unless such assignment is recorded by the clerk in the office of the Secretary of State. No such assignment of...
An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at...
No person, firm or corporation shall require or permit any person as a condition of securing or retaining employment to work without monetary compensation or when having an agreement, verbal,...
Whenever a person ceases to be employed because of the insolvency of his employer, if in claiming from the employer wages earned but not yet paid to him, the term wages earned shall include all...
1. APPLICATION. This section applies to health benefit plans which an employer provides or agrees to provide to his employees. It does not apply to employee health benefit plans separately...
An employer shall, upon written request of the affected employee, give that employee the written reasons for the termination of that person's employment. An employer who fails to satisfy this...
1. FUND ESTABLISHED. There is established a Maine Wage Assurance Fund to be used by the Bureau of Labor Standards within the Department of Labor for the purpose of assuring that all former...
1. WAGE STATEMENT. Every railroad corporation in the State shall furnish each employee of that corporation with a statement with every payment of wages, listing accrued total earnings and taxes to...
1. EMPLOYER'S DUTY. During a strike, an employer may not cancel any policy of group health insurance issued pursuant to Title 24-A, section 2804 until the employer has first notified insured...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Net amount means the amount of money due an employee...
It is the declared public policy of the State of Maine that workers employed in any occupation should receive wages sufficient to provide adequate maintenance and to protect their health, and to...
Terms used in this subchapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context: 1. DIRECTOR. Director, the Director of the Bureau...
Except as otherwise provided in this subchapter, an employer may not employ any employee at a rate less than the rates required by this section. 1. MINIMUM WAGE. The minimum hourly wage is $...
1. EXAMINATION OF RECORDS, BOOKS; COPIES. Every employer subject to this subchapter shall keep a true and accurate record of the hours worked by each employee and of the wages paid, such records...
For any employment in which the minimum wage is applicable, the director may issue to any person physically handicapped by age, or otherwise, a special certificate authorizing the employment of...
For any occupation within the scope of this subchapter, the director may cause to be issued to an employer of any learner, or of an employee under an approved apprentice training program, a...
Every employer subject to this subchapter shall keep a summary of this subchapter, furnished by the director, without charge, posted in a conspicuous place, in or about the premises wherein any...
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Any employer shall be liable to the employee or employees for the amount of unpaid minimum wages. Upon a judgment being rendered in favor of any employee or employees, in any action brought to...
Any employer who violates this subchapter shall, upon conviction thereof, be punished by a fine of not less than $ 50 nor more than $ 200. Any employer, who discharges or in any other manner...
No employer shall by a special contract with an employee or by any other means exempt himself from this subchapter. ...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. APPLICANT. Applicant means any person seeking employment from an...
No employer may require, request or suggest that any employee or applicant submit to a substance abuse test except in compliance with this section. All actions taken under a substance abuse...
1. TESTING OF APPLICANTS. An employer may require, request or suggest that an applicant submit to a substance abuse test only if: A. The applicant has been offered employment with the...
Action taken by an employer on the basis of a substance abuse test is limited as provided in this section. 1. BEFORE RECEIPT OF TEST RESULTS. An employer may suspend an employee with full pay...
1. REVIEW REQUIRED. The Department of Labor shall review each written policy or change to an approved policy submitted to the department by an employer under section 683, subsection 2. A....
This section governs the enforcement of this subchapter. 1. REMEDIES. Any employer who violates this subchapter is liable to any employee subjected to discipline or discharge based on that...
The Department of Labor shall report to the joint standing committee of the Legislature having jurisdiction over labor matters on March 1, 1990, and annually on that date thereafter. This report...
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Every employer shall keep a time book or record for every minor under 18 years of age employed in any occupation, except the planting, cultivating or harvesting of field crops or other...
1. STRICT LIABILITY. An employer who violates either section 42-B or 702 is subject to the following forfeiture or civil penalty, payable to the State and recoverable in a civil action: A....
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A minor under 14 years of age may not be employed, permitted or suffered to work in, about or in connection with agriculture, except for the planting, cultivating or harvesting of field crops or...
A minor under 18 years of age may not be employed in any capacity that the director determines to be hazardous, dangerous to life or limbs, injurious to morals or when the minor's health would be...
A minor under 16 years of age may not be employed, permitted or suffered to work in, about or in connection with any manufacturing or mechanical establishment, hotel, rooming house, laundry,...
1. MINORS UNDER 18 YEARS OF AGE. A minor under 18 years of age, enrolled in school, may not be employed as follows: A. More than 50 hours in any week when school is not in session;...
1. WORK PERMIT AUTHORITY. A minor under 16 years of age may not be employed without a work permit signed by the superintendent of schools of the school administrative unit in which the minor...
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The blank work permit required by section 775 must be formulated by the director and furnished by the director to the persons authorized to sign work permits. The forms of the permits must be...
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Any record of age, as provided under section 775 to determine whether or not a work permit may be issued to any child, shall be received as evidence of the age of such child in any prosecution...
A work permit in regular form signed by a duly authorized officer, for all minors under 16 years of age, is conclusive evidence of age and educational attainment, in behalf of the employer of any...
Whoever, having any child under his control as parent, guardian, custodian or otherwise, permits or suffers such child to be employed or to work in violation of any of the provisions of this...
Whoever, being authorized to issue a work permit, knowingly fails to perform the duties of his office as required by this subchapter shall be punished by a fine of not less than $ 25 nor more than...
Whoever, being authorized to sign the work permit, or whoever, signing any certified copy of a town clerk's record of birth, or certified copy of a child's baptismal record or a physician's...
The Director of the Bureau of Labor Standards may adopt rules pursuant to Title 5, chapter 375, subchapter II that are consistent with this subchapter and considered appropriate or necessary for...
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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. COMMISSION. Commission means the Maine Human Rights Commission...
In addition to employer responsibilities set forth in rules adopted under Title 5, section 4572, all employers shall act to ensure a workplace free of sexual harassment by implementing the...
1. INTENT. The intent of this subchapter is to minimize the disruption to the lives of persons performing service in the National Guard or the Reserves of the United States Armed Forces as well as...
1. BENEFITS ACCRUAL. Absence for military training as described in section 811 does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages...
1. ACTION AUTHORIZED. If any employer fails to comply with any of the provisions of sections 811 and 812, the Attorney General, Judge Advocates of the Maine National Guard or employee may bring a...
Any person, except a person covered under Title 20-A, section 13602, employed in a position other than a temporary position shall be granted a leave of absence to fulfill the duties of a...
This subchapter is not applicable if the employer employs 5 or fewer persons immediately prior to the first day of the leave of absence. ...
An employee who fails to provide the notice to his employer required by section 821 waives any rights to a leave of absence provided by this subchapter. ...
1. REQUEST. An employer who feels that granting the leave of absence required by this subchapter will cause unreasonable hardship for his business may appeal for relief by a written notice of...
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. 1. EMPLOYEE. Employee means a person who performs a service for wages or...
1. DISCRIMINATION PROHIBITED. No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of...
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An employee who alleges a violation of that employee's rights under section 833, and who has complied with the requirements of section 833, subsection 2, may bring a complaint before the Maine...
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A person who violates section 839 is liable for a civil fine of $ 10 for each day of willful violation which shall not be suspended. Any civil fine imposed under this section shall be submitted to...
This subchapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement. ...
1. NOTICE PROVIDED; POSTING. The Department of Labor shall provide each employer in the State with a notice as provided in this section. Each employer shall prominently post the notice in the...
Nothing in this section may be construed to derogate any common-law rights of an employee. ...
A trust of real or personal property, or real and personal property combined, created by an employer as part of a stock bonus, pension, disability, death benefit or profit sharing plan for the...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. EMPLOYEE. Employee means any person who may be permitted, required or...
1. FAMILY MEDICAL LEAVE ENTITLEMENT. Every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 consecutive work weeks of family medical leave in...
1. RESTORATION. Any employee who exercises the right to family medical leave under this subchapter, upon expiration of the leave, is entitled to be restored by the employer to the position held by...
1. BENEFIT ACCRUAL. The taking of family medical leave under this subchapter shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. 2....
1. UNLAWFUL INTERFERENCE OR DENIAL OF RIGHTS. The employer may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by this subchapter. 2....
A civil action may be brought in the appropriate court by an employee against any employer to enforce this subchapter. The court may enjoin any act or practice that violates or may violate this...
1. REQUIRED LEAVE. An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to: A. Prepare for and attend court proceedings; B. Receive...
It is declared to be the policy of the State, in the exercise of its police power for the protection of the public safety and for the maintenance of peace and good order and for the promotion of...
No person, partnership, union, agency, firm or corporation or officer, employee or agent thereof shall recruit, procure, supply or refer any person for employment who customarily and repeatedly...
No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor, strike or lockout shall take or offer to take the place of employment of any...
It shall be prima facie evidence that a person customarily and repeatedly offers himself for employment in place of employees involved in a labor, strike or lockout, if such person shall have 2...
Any person, partnership, union, agency, firm or corporation or any officer, employee or agent thereof, who or which shall willfully and knowingly violate any provision of this subchapter, for each...
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It is declared to be the policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes...
The State Board of Arbitration and Conciliation, in this subchapter called the board, consists of 3 members appointed by the Governor from time to time upon the expiration of the terms of the...
The parties may agree to have any controversy that could be handled by the board under this subchapter directed to the board member selected to represent the public interests of the State or to...
The chairman of the board or his alternate may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or...
Except in cases in which the public welfare is involved, a minimum of 3 working days' notice shall be required before the board will convene. When the board has taken jurisdiction of a case...
In cases of controversy, where conciliation, mediation or arbitration is refused by one of the parties or the board has deemed that those processes have been or will be ineffective, either party...
If the case cannot be settled through the process of conciliation, the interested parties may jointly submit the case to arbitration by filing an arbitration application with the Executive...
The board may hear grievance arbitration matters referred to it pursuant to a collective bargaining agreement. It may hear any labor dispute jointly referred to it for resolution by arbitration by...
If any employer, during the continuance of a strike among his employees, or during the continuance of a lockout or other labor trouble among his employees, publicly advertises in newspapers, or by...
If any action or proceeding be brought in any court upon any issue or controversy referable to arbitration under a written provision in any collective bargaining contract or under an agreement in...
A party aggrieved by the alleged failure, neglect or refusal of another to arbitrate in accordance with any agreement embraced within section 951 may institute proceedings in the Superior Court....
If in the agreement provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method is provided therein, or if a...
Any application to the court under this subchapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided. ...
In any of the following cases the Superior Court in and for the county wherein the award was made may make an order vacating the award upon the application of any party to the arbitration: 1....
The Superior Court in and for the county wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration where there was an...
This subchapter shall not apply to any provision or agreement relative to arbitration contained in a collective bargaining contract entered into prior to August 28, 1957, or after October 6, 1967,...
It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between public employers and their employees by providing...
As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings. 1. BOARD. Board means the Maine Labor Relations Board...
No one shall directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against public employees or a group of public employees in the free exercise of their rights,...
1. PUBLIC EMPLOYER PROHIBITIONS. Public employers, their representatives and their agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of...
If a contract between a public employer and a bargaining agent expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to...
1. NEGOTIATIONS. It shall be the obligation of the public employer and the bargaining agent to bargain collectively. Collective bargaining means, for the purposes of this chapter, their mutual...
1. BARGAINING UNIT STANDARDS. In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining or...
1. VOLUNTARY RECOGNITION. Any public employee organization may file a request with a public employer alleging that a majority of the public employees in an appropriate bargaining unit wish to be...
1. MAINE LABOR RELATIONS BOARD. The Maine Labor Relations Board, established by Title 5, section 12004-B, subsection 2, consists of 3 members and 6 alternates appointed by the Governor, subject to...
A collective bargaining agreement between a public employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure, but the only grievances which may...
In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated employee organization may sue or be sued in the name by which...
Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. For interest arbitrations, the review must be sought in accordance with the Maine Rules of...
If any clause, sentence, paragraph or part of this chapter for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the...
Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposal may be publicized until 10 days after both parties have made their initial...
As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings. 1. BARGAINING AGENT. Bargaining agent means any...
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against state or legislative employees or a group of employees in the free exercise of their...
1. PUBLIC EMPLOYER PROHIBITIONS. The public employer, its representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the...
1. NEGOTIATIONS. On and after January 1, 1975, it shall be the obligation of the public employer and the bargaining agent to bargain collectively. Collective bargaining means, for the purpose of...
1. In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining or between the public employer and...
1. VOLUNTARY RECOGNITION. Any state employee organization may file a request with the public employer alleging that a majority of the state employees is an appropriate bargaining unit wish to be...
1. RULE-MAKING PROCEDURE. Proceedings conducted under this chapter are subject to the rules and procedures of the board promulgated under section 968, subsection 3. 2. REVIEW OF...
1. The board is empowered, as provided, to prevent any person, the public employer, any state employee, any legislative employee, any employee organization or any bargaining agent from engaging in...
1. Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other evidence deemed...
An agreement between a bargaining agent and the public employer may provide for binding arbitration as the final step of a grievance procedure, provided that any such grievance procedure shall be...
1. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with Rule 80B of the Maine Rules of Civil...
1. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to...
The name of the Public Employees Labor Relations Board is changed to the Maine Labor Relations Board. Whenever the name Public Employees Labor Relations Board appears in law, it shall be construed...
1. OFFICERS AND EMPLOYEES. No officer or employee of the Bureau of Employee Relations may be an employee or officer of the Bureau of Human Resources. No officer or employee of the Bureau of Human...
If a contract between a public employer and a bargaining agent expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to...
This section governs limited-period positions created for former regular employees of the State who are receiving workers' compensation payments from the State when creation of the positions will...
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It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between public employers and their employees by providing...
As used in this chapter, the following terms shall, unless the context requires a different interpretation, have the following meanings. 1. REPEALED. Laws 1975, c. 671, § 2, eff. Oct. 1,...
No one may directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against university, academy or technical college employees or a group of university, academy or...
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1. LEGISLATIVE INTENT. It is the express legislative intent that, in order to foster meaningful collective bargaining, units shall be structured in such a way as to avoid excessive fragmentation...
1. VOLUNTARY RECOGNITION. Any employee organization may file a request with the university, academy or technical colleges alleging that a majority of the university, academy or technical college...
1. NEGOTIATIONS. It is the obligation of the university, academy, technical college or state schools for practical nursing and the bargaining agent to bargain collectively. Collective bargaining...
1. UNIVERSITY, ACADEMY AND TECHNICAL COLLEGES; PROHIBITIONS. The university, its representatives and agents, the academy, its representatives and agents and the technical colleges, their...
1. RULE MAKING PROCEDURE. Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3. 2. REVIEW OF...
1. BOARD POWER TO PREVENT PROHIBITED ACTS. The board is empowered, as provided, to prevent any person, the university, any university employee, any university employee organizations, the academy,...
1. CONDUCT OF HEARINGS. Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and...
A collective bargaining agreement between the university, the academy or the technical colleges and a bargaining agent may provide for binding arbitration as the final step of a grievance...
In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated employee organization may sue or be sued in the name by which...
1. COURT REVIEW. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with the Maine Rules of Civil...
Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposals may be publicized until 10 days after both parties have made their initial...
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This chapter shall be known and may be cited as the Employment Security Law. ...
Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this State. Unemployment is therefore a subject of general interest and concern which...
As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meanings. 1. AGRICULTURAL LABOR. A. On and after January 1, 1978,...
1. CIVIL ACTIONS. In any civil action to enforce this chapter, the bureau and the State may be represented by any qualified attorney who is employed by the bureau and designated by it for this...
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the Unemployment...
All information transmitted to the bureau, the commission or its duly authorized representatives pursuant to this chapter is absolutely privileged and may not be made the subject matter or basis...
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provision to other persons or...
Notwithstanding any other provision of law, the commissioner shall provide quarterly data, contained in the department's records of wages and unemployment compensation benefits paid to individuals...
All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this chapter at any...
If at any time the provisions of this chapter requiring the payment of contributions and benefits have been held invalid under the Constitution of this State by the Supreme Judicial Court of this...
1. FALSE STATEMENT OR REPRESENTATION. A person is guilty of unemployment fraud if he makes a false statement or representation knowing it to be false or knowingly fails to disclose a material...
1. COMMISSION. The Maine Unemployment Insurance Commission shall consist of 3 members, one of whom shall be a representative of labor, one of whom shall be a representative of employers and one of...
1. POWERS AND DUTIES OF THE COMMISSIONER. Except as otherwise provided, it is the duty of the Commissioner of Labor to administer this chapter, through an organization to be known as the Bureau of...
1. AUTHORIZATION. The legislative body of a municipality may authorize its municipal officers or their designee to enter into an agreement, not financed by the State, with the commissioner for the...
The special fund in the State Treasury known as the Unemployment Compensation Administration Fund, as heretofore created, shall hereafter be known as the Employment Security Administration Fund....
If any moneys received in the Employment Security Administration Fund after June 30, 1941 are found by the Secretary of Labor because of any action or contingency to have been lost or been...
The Treasurer of State shall be the ex officio treasurer and custodian of the Unemployment Compensation Fund and shall administer such fund in accordance with the directions of the commissioner....
Moneys shall be requisitioned from the state's account in the Unemployment Trust Fund solely for the payment of benefits and for the payment of refunds pursuant to section 1043, subsection 11,...
Sections 1141, 1161 and 1162, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the...
The Federal Advance Interest Fund shall be a special nonlapsing fund in the State Treasury. All receipts, including interest, fines and penalties collected from the special assessment as defined...
1. REFERRAL FOR REVIEW AND EVALUATION. Whenever a legislative measure containing an unemployment compensation benefit change is proposed, the bureau shall complete a review and evaluation pursuant...
1. PAYMENT OF BENEFITS. Benefits shall be paid from the Unemployment Compensation Fund through public employment offices or such other agencies as the commission may by regulation prescribe, and...
An unemployed individual shall be eligible to receive benefits with respect to any week only if: 1. HAS CLAIM FOR BENEFITS. He has made a claim for benefits with respect to such week or part...
An individual shall be disqualified for benefits: 1. VOLUNTARILY LEAVES WORK. A. For the week in which the claimant left regular employment voluntarily without good cause...
1. DEFINITIONS. Notwithstanding any other provisions of this chapter, the following words, as used in this section, shall have the following meanings, unless the context clearly requires...
1. DISLOCATED WORKER DEFINED. As used in this section; section 1043, subsection 5, paragraph B; and section 1191, subsection 4, paragraph A, the term dislocated worker means: A. An...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Self-employment assistance activities means activities...
1. PAYMENT. A. Contributions accrue and become payable by each employer subject to this chapter, other than those liable for payments in lieu of contributions, for each calendar...
1. JOINT AND SEVERAL LIABILITY. A client company is jointly and severally liable for unpaid contributions, interest and penalties due under this chapter from the employee leasing company for wages...
To the extent permitted under federal law, including the Maine Indian Claims Settlement Act, Title 25, United States Code, Chapter 19, Subchapter II, this section governs unemployment...
1. PERIOD OF EMPLOYER'S COVERAGE. Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such...
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All employers, exempt from the weekly payment of wage law of this State, may be required to report to the commissioner all accrued wages payable for employment during the calendar quarter when...
1. ASSESSMENT PROCEDURE. If any employer files reports for the purpose of determining the amount of contribution due, but fails to pay any part of the contribution, interest or penalties due...
1. FORM AND EFFECT. Upon the failure of an employer to pay the amount assessed pursuant to section 1225, the commissioner may file in the registry of deeds of any county a certificate under his...
Any individual or organization, including the types of organizations described in section 1043, subsection 10, whether or not an employing unit, which acquires the organization, trade or business...
If any employer fails to make any payment of contributions, interest or penalties after notice of an assessment under section 1225, subsection 1, and after the assessment has become final as to...
1. REQUEST FOR WARRANT. If any contribution required to be paid and any interest or penalty or both payable to the commissioner under this chapter is not paid when due and has become final as to...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors,...
1. INFORMATION PROVIDED TO COMMISSIONER. At the request of the commissioner, every department, board, commission, division, authority, district or other agency of the State issuing or renewing a...
1. NOTICE OF LEVY. If an employer fails to pay any part of the contribution, interest or penalties due under this chapter, the Director of Unemployment Compensation may notify by mail a 3rd party...
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1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Advance means a loan made from the Federal...
1. SEASONAL INDUSTRY. As used in this section, the term seasonal industry means an industry in which, because of the seasonal nature thereof, it is customary to operate only during a regularly...
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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. 1. BARGAINING AGENT. Bargaining agent means any lawful organization,...
No one may directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against judicial employees or a group of judicial employees in the free exercise of their rights...
1. PUBLIC EMPLOYER PROHIBITIONS. The public employer, its representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the...
If a contract between a public employer and a bargaining agent expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to...
1. VOLUNTARY RECOGNITION. Any judicial employee organization may file a request with the public employer alleging that a majority of the judicial employees in an appropriate bargaining unit wish...
1. RULE-MAKING PROCEDURE. Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3. 2. REVIEW OF...
A collective bargaining agreement between the public employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure, but the only grievances which...
1. REVIEW BY SUPERIOR COURT. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. For interest arbitrations, the review must be sought in...
1. SEPARABILITY. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent...
This Act shall not be amended without first consulting the Supreme Judicial Court. ...
The State, counties, cities and towns, and every charitable or educational institution which is supported in whole or in part by aid granted by the State or by any municipality shall, in the...
In the employment of laborers in the construction of public works, including state highways, by the State or by persons contracting for the construction, preference must first be given to citizens...
The listed terms as used in sections 1304 to 1313 are defined as follows, unless a different meaning is plainly required by the context. 1. BOARD. Board means the Minimum Wage Rate on...
It is declared to be the policy of the State that a wage of no less than the prevailing hourly rate of wages and benefits for work of a similar character in this State must be paid to all workers...
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The Director of the Bureau of Labor Standards shall form an informal, ad hoc advisory board to advise the director with respect to issues relating to wage rates on construction projects. In...
1. DETERMINATION OF WAGE AND BENEFIT RATES. The Bureau of Labor Standards shall investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in this...
A clearly legible statement of all fair minimum wage and benefits rates to be paid the several classes of laborers, workers and mechanics employed on the construction on the public work must be...
The contractor and each subcontractor in charge of the construction of a public work shall keep an accurate record showing the names and occupation of each and all laborers, workers and mechanics...
1. VIOLATION BY CONTRACTOR OR SUBCONTRACTOR. Except as provided in section 1308, subsection 1-A, any contractor or subcontractor who willfully and knowingly violates sections 1304 to 1313 is...
Sections 1304 to 1313 apply only to contracts for construction on public works let after January 1, 1968 and to construction on public works for which there has been determined the fair minimum...
Whenever a public works construction is built in whole or in part by federal funds and is under the jurisdiction of the Davis-Bacon or other Federal Act that requires the Secretary of Labor to...
It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between agricultural employers and their employees by...
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. 1. AGRICULTURE. Agriculture means farming in all its branches and includes...
Agricultural employees have the right to self-organize; to form, join or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in other...
1. AGRICULTURAL EMPLOYER PROHIBITIONS. Agricultural employers and their representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the...
1. NEGOTIATIONS. It is the obligation of the agricultural employer and the bargaining agent to bargain collectively. Collective bargaining means, for the purposes of this chapter, the mutual...
1. VOLUNTARY RECOGNITION. An agricultural employee organization may file a request with an agricultural employer alleging that a majority of the agricultural employees in an appropriate bargaining...
1. RULE-MAKING PROCEDURE. Proceedings conducted under this chapter are subject to the rules and procedures of the board under section 968, subsection 3. 2. REVIEW OF REPRESENTATION...
1. PREVENTION OF PROHIBITED ACTS; BOARD POWERS. The board may prevent a person, an agricultural employer, an agricultural employee, an agricultural employee organization or a bargaining agent from...
1. HEARINGS; RULES OF EVIDENCE; EVIDENCE. Hearings conducted by the board must be informal and the rules of evidence prevailing in judicial proceedings are not binding. Any documentary evidence...
A collective bargaining agreement between an agricultural employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure. An arbitrator with the...
Either party may seek a review of a binding determination by an arbitration panel or arbitrator pursuant to the Uniform Arbitration Act, Title 14, Chapter 706. ...
The board must consult precedents under the National Labor Relations Act, 29 United States Code, Sections 151, et seq., as amended, as appropriate. ...
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The Commissioner of Labor is entitled to receive a fixed weekly salary in accordance with Title 2, section 6, and must be paid from the administrative funds of the Bureau of Employment Services,...
1. DEFINITIONS. As used in this section, unless the context indicates otherwise, the following terms have the following meaning. A. Repeated violation means a violation of any legal...
1. NONDISPLACEMENT OF EXISTING EMPLOYEES; NONAVAILABILITY FOR LAYOFF REPLACEMENT; NONINFRINGEMENT ON PROMOTIONAL OPPORTUNITIES OR COLLECTIVE BARGAINING AGREEMENTS; LABOR DISPUTES. A participant...
The department, to the extent possible within available resources, shall establish a migrant and immigrant worker assistance outreach project to assist migrant and immigrant workers in the State....
This article may be known and cited as the Rehabilitation Act. ...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. COMMUNITY REHABILITATION PROGRAM. Community rehabilitation program means...
There is created within the department a functional unit of rehabilitation services, which is equal in administrative level and status with the other major administrative units within the...
The department is designated and established as the sole state agency to provide rehabilitation services, including but not limited to vocational rehabilitation services, and to provide evaluation...
In carrying out this article, the commissioner: 1. COOPERATES WITH OTHER DEPARTMENTS. Shall cooperate with other departments, agencies and institutions, both public and private, in providing...
The department shall cooperate with the Federal Government in carrying out the purposes of federal statutes pertaining to vocational rehabilitation and is authorized to adopt methods of...
The Treasurer of State is the appropriate officer of the State to receive and administer federal grants for rehabilitation programs, as contemplated by the Federal Rehabilitation Act and acts...
The commissioner, with the approval of the Governor, may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this article. Gifts made under conditions...
The right of a handicapped or disadvantaged individual to maintenance under this article is not transferable or assignable at law or in equity and none of the money paid or payable or rights...
An individual applying for or receiving rehabilitation under this article who is aggrieved by an action or inaction of the department is entitled to a fair hearing by the commissioner or the...
Except for purposes directly connected with the administration of the rehabilitation program and in accordance with its rules, it is unlawful for a person or individual to solicit, disclose,...
An officer or employee engaged in the administration of the rehabilitation program may not use that officer's or employee's official authority to influence or permit the use of the rehabilitation...
The department shall make continuing study of the needs of people with disabilities and disadvantaged individuals in the State and how these needs may be met most effectively. The study and...
The commissioner shall establish within the department the Bureau of Rehabilitation Services, which shall administer that group of rehabilitation services specifically related to the federal...
The department is authorized to establish rules required for the proper administration of a vocational rehabilitation program under the Federal Rehabilitation Act and acts amendatory and...
The commissioner shall adopt rules pursuant to Title 5, chapter 375, subchapter II to create a grievance procedure applicable to all bodies of State Government in accordance with 45 Code of...
The Bureau of Rehabilitation Services, referred to in this section as the bureau, is the lead agency for administering a program of consumer-directed personal care assistance services, referred...
There is established the Division of Deafness within the Department of Labor, Bureau of Rehabilitation Services. ...
To provide the following services and information to deaf and hard-of-hearing persons, the Division of Deafness shall: 1. PROVIDE ADVOCACY. Provide cooperative agreements or coordinate with...
There is established within the Department of Labor, Bureau of Rehabilitation Services, Division of Deafness, an advisory council consisting of 24 members and 3 members-at-large appointed by the...
The advisory council shall advise the Director of the Bureau of Rehabilitation Services and shall prepare an annual report, which is a public document to the extent that it complies with section...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. INDEPENDENT LIVING SERVICES. Independent living services means services...
The department may make grants to establish independent living services. Funds must be disbursed and audited in accordance with departmental grant policies and procedures. The department shall...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. BUREAU. Bureau means the Bureau of Rehabilitation Services in the...
The bureau shall subsidize, in whole or in part, personal care assistance services for individuals eligible under section 1415-B. The amount of the subsidy for each hour of personal care...
An individual is eligible for a subsidy under section 1415-A if that individual: 1. SEVERE PHYSICAL DISABILITY. Has a severe physical disability; 2. EMPLOYED. Is employed or ready for...
1. TEAM DESIGNATION. The director of the bureau shall designate one or more evaluation teams, which must consist of at least 2 persons, one of whom must be a registered nurse licensed under Title...
The director of the bureau may adopt rules necessary to carry out the director's duties under this article. ...
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The department, under the direction of the Governor, may establish, conduct and maintain rehabilitation work as part of its program of aid and assistance for students with disabilities. That...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. BLIND PERSON. Blind person means a person having not more than 20/200...
The Division for the Blind and Visually Impaired is established within the department under the jurisdiction of the Director of the Division for the Blind and Visually Impaired. The commissioner...
Jurisdiction of the director means having direct administrative responsibility for all programs and personnel under this article. ...
The division shall provide a program of services for the blind, including prevention of blindness, locating of blind persons, vocational guidance and training of the blind, placement of blind...
1. DIVISION SERVICES. The division shall provide the following services to blind and visually impaired persons from birth to age 21: A. Itinerant teacher services; B. Mobility...
Whenever, upon examination at a clinic, hospital or other institution, or elsewhere, by a physician, optometrist, institutional superintendent or other qualified person, the visual acuity of a...
To provide blind persons with remunerative employment, enlarge the economic opportunities of blind persons and encourage blind persons to become self-supporting, the officer, board or other...
The officer, board or other authority in charge of a public building or property shall: 1. POLICIES. Adopt policies and take actions necessary to ensure that blind persons are given...
In carrying out this article the division shall: 1. RULES. Prescribe rules governing: A. The maintenance of a roster of blind persons eligible to become managers and the issuance...
To carry out the purposes of this article, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, the agency directing that...
1. FEES PROHIBITED GENERALLY. Except as provided in subsection 2, a rental fee may not be required or received for the granting of authority to the division to operate a vending facility. 2....
If a vending facility not under the control of the division exists in a building or on property of the State, a county or a municipality, the person having jurisdiction over that building or...
1. DEFINITIONS. As used in this article, unless the context otherwise indicates, the following terms have the following meanings. A. Deaf person means a person whose sense of hearing is...
1. MONEY FOR SPECIALIZED CUSTOMER TELECOMMUNICATIONS EQUIPMENT. The Bureau of Rehabilitation Services within the department, pursuant to appropriation of money to the bureau for specialized...
1. EQUAL ACCESS PROGRAM. In order to ensure that telecommunication services are available to deaf, hard-of-hearing or speech-impaired consumers at a cost that is reasonably comparable to the cost...
The rights, established by this subarticle, of deaf and hard-of-hearing persons are as follows. 1. STREETS AND PUBLIC PLACES. Deaf and hard-of-hearing persons have the same rights as...
The driver of a vehicle approaching a deaf or hard-of-hearing person using a properly identified guide dog shall take all necessary precautions to avoid injury to that person and the guide dog. A...
A person or the person's agent who denies or interferes with admittance to or enjoyment of the public facilities described in section 1420-A or otherwise interferes with the rights of a deaf or...
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A Comprehensive Career, Occupational and Economic Data-based System is established to provide comprehensive career and occupational information required for the coordination and efficient delivery...
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As used in this chapter, displaced homemaker means an individual who: 1. FORMER WORKER IN HOME. Has worked in the home for a substantial number of years providing unpaid household services...
1. POWERS. The Commissioner of Labor, in this chapter referred to as the commissioner, shall be responsible for the program administration of Displaced Homemaker Programs. The commissioner shall...
1. MEMBERSHIP. The Displaced Homemakers Advisory Council, established by Title 5, section 12004-I, subsection 54, and in this chapter called the council, shall be composed of the following...
The commissioner shall report to the Legislature on an annual basis the services provided by this program. ...
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As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. 1. ACT. Act means the Job Training Partnership Act, as established by the...
1. CREATION. A special fund called the Job Training Partnership Fund is created separate and apart from all public moneys or funds of this State and shall be administered by the commissioner...
The commissioner may enter into agreements with agencies of the Federal Government, State Government or county government as required for the purpose of implementing the Federal Job Training...
The joint standing committee of the Legislature having jurisdiction over economic development matters: 1. BUDGET. May review the budgets of grant recipients and make written comments to the...
1. RESPONSIBILITIES. The Maine Jobs Council is established and in this section is referred to as the council. The council will ensure that the State's workforce development system helps Maine...
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This subchapter may be known and cited as the Nontraditional Occupation Act. ...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. DEPARTMENT. Department means the Department of Labor. 2....
Notwithstanding subchapters I and II, the department shall encourage pursuit of nontraditional occupations by: 1. SUPPORT SERVICES. Providing necessary support services to participants,...
The Department of Labor must provide monthly written reports to the joint standing committee of the Legislature having jurisdiction over labor matters, commencing August 1, 1992. The reports must...
1. PROGRAM ESTABLISHED. The Governor's Training Initiative Program, referred to in this section as the program, is established to encourage high-quality job creation and expansion by directly...
The Department of Labor may administer and operate a program of trade adjustment assistance to workers as provided under United States Trade Act of 1974, Title II, Chapter 2, Public Law 93-618,...
The commissioner shall bring an action on behalf of one or more employees in any court of competent jurisdiction to challenge any adverse determination on a petition for certification, or part...
The Peer Support Program for Displaced Workers is created within the department to provide advocacy and information for workers displaced by significant layoffs. The program may initiate one or...
1. INITIATION OF PROJECT. When 100 or more employees of a single employer are laid off, the department shall initiate a peer support project to assist the affected employees. The department may...
This chapter shall be known and may be cited as the Railroad Employee Equity Act. ...
Effective January 1, 1987, any person, corporation or other entity purchasing, acquiring, leasing or otherwise obtaining from a financially related entity the right to operate a rail line or...
Any person who is performing work on a rail line which is being sold or otherwise transferred to a new operator within this State who is entitled to priority of employment under section 2072 shall...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Expenses means actual expenses paid for room, board,...
1. TRAINING REQUIREMENTS. Each fire department shall provide a training program which meets the fire department's needs and includes the following: A. Training in accordance with Title...
Any reference in this section to a standard is to the most recent standard in effect. 1. PROTECTIVE EQUIPMENT. Except as provided in subsection 2, the fire department shall provide each...
1. EYE AND FACE PROTECTION. Each fire department shall provide and each firefighter shall use eye and face protection when the firefighter is engaged in fire suppression and other operations...
The Bureau of Labor Standards shall adopt an inspection procedure for self-contained breathing apparatus. The procedure must include at least the following, as specified in the American National...
The Bureau of Labor Standards shall inspect fire departments to determine compliance with this chapter. The bureau shall assist fire departments in complying with this chapter. ...
The Board of Occupational Safety and Health shall adopt rules to carry out and enforce this chapter. The Board of Occupational Safety and Health may issue advisory rulings in accordance with...
Any rules or portions of rules adopted by the Department of Labor that are inconsistent with this chapter are void and unenforceable. ...
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The program must be conducted under the auspices of the education delivery system. ...
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This chapter applies to actions taken under the Maine Job Training System. For the purposes of this chapter, the Maine Job Training System means all state and federal education and training...
1. NOTIFICATION TO TRAINING APPLICANTS. The Department of Labor shall explain to each person seeking to enroll in a Maine Job Training System program the general nature of registered...
There is established in the workforce development center administrative office in the Department of Labor the Maine Conservation Corps, referred to in this chapter as the Corps, to provide job...
The Corps shall strive to include a diversity of participants. Priority must be given to those whose family income is 150% or less of the nonfarm income official poverty line as defined by the...
1. TYPES OF PROJECTS. Projects undertaken by the Corps include, but are not limited to, projects such as: A. Forestry, nursery and silvicultural operations; B. Wildlife habitat...
Projects to be carried out by the Corps are limited to projects on publicly owned lands or, if not on public lands, under the sponsorship and supervision of a public agency or nonprofit...
The executive director of the workforce development center administrative office shall employ a director of the Corps in the job training administrative office and may employ other personnel as...
Members of the Corps who are paid wages or a living allowance through the General Fund account of the Corps or through its dedicated account must receive personal liability insurance and workers'...
The assignment of members of the Corps may not result in the displacement of existing employees of the sponsor, including any employees who have been temporarily laid off by the sponsor. For...
There is established within the Corps the State Environmental Resource Volunteer Effort Program, referred to in this subchapter as SERVE/Maine, to create, promote and manage volunteer and intern...
Volunteers and interns may perform work and services that are described in section 2183. Volunteers and interns must be placed in federal, state or local public agencies or in nonprofit...
Sponsoring natural resource agencies may provide stipends to volunteers and interns not to exceed the minimum wage and may reimburse volunteers or interns for work-related expenses. Funds for...
Private organizations and individuals may donate money to the State Environmental Resource Volunteer Effort Program for general or specific purposes. The funds must be expended to further the...
The Department of Labor shall annually, by September 1st, report the following information regarding the federal Workforce Investment Act of 1998, referred to in this section as the Act, to the...
The following terms used in chapter 3 shall have the following meanings: 1. FACTORY. Factory means any premises where steam, water or other mechanical power is used in aid of any...
The person in charge of any workplace as defined in section 1 provided by the State, state agency, county, municipal corporation, school district, or other public corporation or political...
All information and reports recorded by the director or the director's authorized agents under this Title are confidential, and no names of individuals, firms or corporations may be used in any...
The District Court and the Superior Court shall have original jurisdiction of actions brought for the recovery of fines and penalties imposed by this Title, and of prosecutions for violations of...
No court nor any judge or judges of any court may issue a preliminary or permanent injunction in any case involving or growing out of a labor dispute except after hearing the testimony of...
Any party may appeal to the law court from an interlocutory order granting or denying a preliminary injunction in a case involving or growing out of a labor dispute, but such preliminary...
Any order by a board created and established under this Title, or any rule, regulation, determination or declaration formulated by the board or by the Director of the Bureau of Labor Standards is...
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Employee organizations, unions and bargaining agents in the private sector engaged in collective bargaining with employers may negotiate on behalf of retired and retired disabled former employees...
The Bureau of Labor Standards within the Department of Labor, as established and referred to in this Title as the bureau, is maintained under the direction of an officer whose title is Director...
The bureau shall collect, assort and arrange statistical details relating to all departments of labor and industrial pursuits in the State; to trade unions and other labor organizations and their...
1. DEPARTMENT TO ESTABLISH PROGRAMS. The department shall establish and supervise programs for the education and training of employers, owners, employees, educators and students in the...
1. BUREAU TO FURNISH POSTER OR NOTICE. The bureau shall produce and furnish to employers posters or notices in printed form outlining state labor laws applicable to those employers and regulating:...
The director may furnish a written or printed list of interrogatories for the purpose of gathering such facts and statistics as are contemplated, to any person, or the proper officer of any...
The director as state factory inspector, and any authorized agent of the bureau, may enter any workplace as defined in section 1, provided by the State, state agency, county, municipal...
A representative of the employer and an authorized employee representative shall be given an opportunity to accompany the director or his authorized agent during the physical inspection of the...
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Whoever, being duly summoned under section 43, willfully neglects or refuses to attend, or refuses to answer any question propounded to him concerning the subject of such examination as provided...
All state, county, city and town officers are directed to furnish the director, upon his request, such statistical or other information contemplated by sections 42 to 45 as shall be in their...
All reports to the Bureau of Labor Standards involving deaths, injuries and occupational diseases shall be available to the injured employee, his survivors or representatives upon written request...
A Superior Court in the county in which the imminent danger is alleged to exist shall have jurisdiction, upon petition of the director, to restrain any conditions or practices in any place of...
1. PURPOSE; MEMBERS; COMPENSATION. The Commission on Safety and Health in the Maine Workplace, established by Title 5, chapter 379, section 12004-G, subsection 26, consists of knowledgeable...
1. FORM; EFFECT. Upon the failure of an employer to pay the amount assessed for unpaid wages or severance pay pursuant to chapters 7 and 15, the director may file in the registry of deeds of any...
In addition to any penalties provided in chapter 7, subchapters I to IV, the director may assess a forfeiture against any employer, officer, agent or other person who violates any provision of...
1. FUND ESTABLISHED. To accomplish the objectives outlined in section 42-A, there is established in the State Treasury a special fund, known as the Safety Education and Training Fund. The safety...
1. ESTABLISHMENT OF FUND. There is established in the State Treasury a special fund known as the Occupational Safety Loan Fund, for the purposes of making loans and grants in accordance with...
The department may administer a statewide program to make low interest loans and to make grants to improve safety and promote healthful working conditions in factories, workshops and workplaces in...
1. APPLICATION OF CHAPTER. This chapter applies to all employers, employees and places of employment in the State except employees of the Federal Government. 2. CONSTRUCTION. Nothing in this...
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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. BUREAU. Bureau means the Department of Labor, Bureau of Labor...
Every employer shall establish an education and training program for all operators as provided in this section. 1. REQUIREMENTS. An employer's education and training program must be provided...
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The Commissioner of Labor shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, relating to sanitation on railroad property as it affects the safety...
This subchapter applies to locomotives and caboose cars and other rolling stock, including camp cars and any other work area in which sanitation is not governed by a federal agency or another...
For the purposes of this subchapter, the Commissioner of Labor or the commissioner's designee may, at any reasonable time and upon presentation of appropriate identification, enter and inspect a...
A person who violates any rule that is adopted by the commissioner under this subchapter shall be subject to a civil forfeiture not to exceed $ 1,000 for each violation. Each day of violation...
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It is declared the public policy of the State of Maine that workers employed in any occupation shall be protected from hazards to their health or safety and that working conditions shall be...
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As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. 1. APPROVED. Approved means as approved by the Board of Occupational...
The Board of Occupational Safety and Health as established by Title 5, section 12004-G, subsection 24, shall consist of 10 members of which 9 shall be appointed by the Governor. Of the 9 appointed...
The board shall formulate and adopt reasonable rules, pursuant to Title 5, chapter 375, subchapter II, for safe and healthful working conditions, including rules requiring the use of personal...
The board shall formulate and adopt reasonable rules to ensure safe and healthful conditions for students in public educational facilities. The rules must address safety and health hazards created...
The bureau shall inspect and enforce the rules and regulations. ...
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Any person aggrieved by an order or act of the director or of an inspector of the bureau or wishing to contest any citation or penalty issued under sections 45 and 46 may, within 15 working days...
The rules formulated under this chapter may supplement, but do not supersede, the rules adopted by the Board of Boiler Rules and the Board of Elevator and Tramway Safety, whose rulemaking...
No person shall discharge or in any manner discriminate against an employee because that person has filed any complaint concerning alleged violations of occupational safety or health standards or...
It is declared the public policy of the State of Maine that all workers engaged in agricultural labor in the State shall be protected from hazards to their safety or health and that working...
To implement section 580 in workplaces provided by the State, state agency, county, municipal corporation, school district or other public corporation or political subdivision, the Occupational...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. AGRICULTURAL LABOR. Agricultural labor means agricultural labor as...
The bureau shall adopt rules for the protection of the health, safety and welfare of the agricultural laborers and their families who occupy housing provided, owned or controlled by their...
The bureau may inspect housing facilities subject to this subchapter in accordance with this section. 1. RIGHT OF ENTRY. Without an administrative inspection warrant, any duly designated...
Actions to enforce this subchapter may be brought in accordance with this section. 1. CIVIL VIOLATION. An employer who violates this subchapter or the rules adopted under this subchapter...
This subchapter does not apply to a person who, in the ordinary course of that person's business, regularly provides housing to the general public on a commercial basis and who provides to any...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings: 1. EMPLOYEE. Employee means every person who may be permitted, required...
No employer may require any employee or accepted applicant for employment to bear the medical expense of an examination when that examination is ordered or required by the employer. No employer...
The occupier or manager of every textile factory shall post in every room where any employees work by piece rate, in legible writing or printing, and in sufficient numbers to be easily accessible...
It is unlawful for an employer to assess a fee or charge a prospective employee in any fashion for requesting, submitting, filing or completing an application for employment with that employer....
An employee who is temporarily laid off by an employer for over 6 weeks and who is placed on a recall or spare list by that employer for the purpose of being recalled to work shall have 7 days...
An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of that...
An employer who discloses information about a former employee's job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is...
1. DEFINITION. As used in this section, unless the context otherwise indicates, broadcasting industry contract means an employment contract between a person and a legal entity that owns one or...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Employer means all private and public employers,...
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. 1. EMPLOYMENT AGENCY. Employment agency means any person who conducts a...
1. PLACEMENT FEE. The placement fee charged to an applicant for employment by an employment agency shall not exceed the equivalent of the first full week's gross wages. This fee shall be in full...
This subchapter may not be construed to prevent a municipality from acting under its home rule authority granted by Title 30-A, section 3001 and by the Constitution of Maine, Article VIII, Part...
1. VIOLATION. Any employment agency which violates this subchapter commits a civil violation for which a forfeiture of not less than $ 100 nor more than $ 500 for each violation may be adjudged....
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1. MINIMUM FREQUENCY. At regular intervals not to exceed 16 days, every employer must pay all wages earned by each employee. Each payment must include all wages earned to within 8 days of the...
Every employer shall keep a true record showing the date and amount paid to each employee pursuant to section 621-A. Every employer shall keep a daily record of the time worked by each such...
This section and sections 621-A and 622 do not apply to family members and salaried employees as defined in section 663, subsection 3, paragraphs J and K. Sections 621-A and 622 do not apply to an...
The following terms used in chapter 3 shall have the following meanings: 1. FACTORY. Factory means any premises where steam, water or other mechanical power is used in aid of any...
The person in charge of any workplace as defined in section 1 provided by the State, state agency, county, municipal corporation, school district, or other public corporation or political...
All information and reports recorded by the director or the director's authorized agents under this Title are confidential, and no names of individuals, firms or corporations may be used in any...
The District Court and the Superior Court shall have original jurisdiction of actions brought for the recovery of fines and penalties imposed by this Title, and of prosecutions for violations of...
No court nor any judge or judges of any court may issue a preliminary or permanent injunction in any case involving or growing out of a labor dispute except after hearing the testimony of...
Any party may appeal to the law court from an interlocutory order granting or denying a preliminary injunction in a case involving or growing out of a labor dispute, but such preliminary...
Any order by a board created and established under this Title, or any rule, regulation, determination or declaration formulated by the board or by the Director of the Bureau of Labor Standards is...
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Employee organizations, unions and bargaining agents in the private sector engaged in collective bargaining with employers may negotiate on behalf of retired and retired disabled former employees...
The Bureau of Labor Standards within the Department of Labor, as established and referred to in this Title as the bureau, is maintained under the direction of an officer whose title is Director...
The bureau shall collect, assort and arrange statistical details relating to all departments of labor and industrial pursuits in the State; to trade unions and other labor organizations and their...
1. DEPARTMENT TO ESTABLISH PROGRAMS. The department shall establish and supervise programs for the education and training of employers, owners, employees, educators and students in the...
The director may furnish a written or printed list of interrogatories for the purpose of gathering such facts and statistics as are contemplated, to any person, or the proper officer of any...
The director as state factory inspector, and any authorized agent of the bureau, may enter any workplace as defined in section 1, provided by the State, state agency, county, municipal...
A representative of the employer and an authorized employee representative shall be given an opportunity to accompany the director or his authorized agent during the physical inspection of the...
If, upon inspection, the director or any authorized agent of the bureau finds that an employer has violated any rule or order promulgated pursuant to section 565, he shall immediately issue a...
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Whoever, being duly summoned under section 43, willfully neglects or refuses to attend, or refuses to answer any question propounded to him concerning the subject of such examination as provided...
All state, county, city and town officers are directed to furnish the director, upon his request, such statistical or other information contemplated by sections 42 to 45 as shall be in their...
All reports to the Bureau of Labor Standards involving deaths, injuries and occupational diseases shall be available to the injured employee, his survivors or representatives upon written request...
A Superior Court in the county in which the imminent danger is alleged to exist shall have jurisdiction, upon petition of the director, to restrain any conditions or practices in any place of...
Any employee or a representative of an employee of the State, a state agency, county, municipal corporation, school district or other public corporation or political subdivision who believes that...
1. PURPOSE; MEMBERS; COMPENSATION. The Commission on Safety and Health in the Maine Workplace, established by Title 5, chapter 379, section 12004-G, subsection 26, consists of knowledgeable...
1. FORM; EFFECT. Upon the failure of an employer to pay the amount assessed for unpaid wages or severance pay pursuant to chapters 7 and 15, the director may file in the registry of deeds of any...
1. FUND ESTABLISHED. To accomplish the objectives outlined in section 42-A, there is established in the State Treasury a special fund, known as the Safety Education and Training Fund. The safety...
1. ESTABLISHMENT OF FUND. There is established in the State Treasury a special fund known as the Occupational Safety Loan Fund, for the purposes of making loans and grants in accordance with...
The department may administer a statewide program to make low interest loans and to make grants to improve safety and promote healthful working conditions in factories, workshops and workplaces in...
1. APPLICATION OF CHAPTER. This chapter applies to all employers, employees and places of employment in the State except employees of the Federal Government. 2. CONSTRUCTION. Nothing in this...
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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. BUREAU. Bureau means the Department of Labor, Bureau of Labor...
Every employer shall establish an education and training program for all operators as provided in this section. 1. REQUIREMENTS. An employer's education and training program must be provided...
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The Commissioner of Labor shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, relating to sanitation on railroad property as it affects the safety...
This subchapter applies to locomotives and caboose cars and other rolling stock, including camp cars and any other work area in which sanitation is not governed by a federal agency or another...
For the purposes of this subchapter, the Commissioner of Labor or the commissioner's designee may, at any reasonable time and upon presentation of appropriate identification, enter and inspect a...
A person who violates any rule that is adopted by the commissioner under this subchapter shall be subject to a civil forfeiture not to exceed $ 1,000 for each violation. Each day of violation...
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It is declared the public policy of the State of Maine that workers employed in any occupation shall be protected from hazards to their health or safety and that working conditions shall be...
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As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. 1. APPROVED. Approved means as approved by the Board of Occupational...
The board shall formulate and adopt reasonable rules, pursuant to Title 5, chapter 375, subchapter II, for safe and healthful working conditions, including rules requiring the use of personal...
1. ADVISE AND PROPOSE STANDARDS. The board shall work with the Bureau of Public Improvements with respect to evaluation of indoor air quality and ventilation in public school buildings and...
The board shall formulate and adopt reasonable rules to ensure safe and healthful conditions for students in public educational facilities. The rules must address safety and health hazards created...
The bureau shall inspect and enforce the rules and regulations. ...
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Any person aggrieved by an order or act of the director or of an inspector of the bureau or wishing to contest any citation or penalty issued under sections 45 and 46 may, within 15 working days...
The rules formulated under this chapter may supplement, but do not supersede, the rules adopted by the Board of Boiler Rules and the Board of Elevator and Tramway Safety, whose rulemaking...
No person shall discharge or in any manner discriminate against an employee because that person has filed any complaint concerning alleged violations of occupational safety or health standards or...
It is declared the public policy of the State of Maine that all workers engaged in agricultural labor in the State shall be protected from hazards to their safety or health and that working...
To implement section 580 in workplaces provided by the State, state agency, county, municipal corporation, school district or other public corporation or political subdivision, the Occupational...
The bureau shall adopt rules for the protection of the health, safety and welfare of the agricultural laborers and their families who occupy housing provided, owned or controlled by their...
The bureau may inspect housing facilities subject to this subchapter in accordance with this section. 1. RIGHT OF ENTRY. Without an administrative inspection warrant, any duly designated...
Actions to enforce this subchapter may be brought in accordance with this section. 1. CIVIL VIOLATION. An employer who violates this subchapter or the rules adopted under this subchapter...
This subchapter does not apply to a person who, in the ordinary course of that person's business, regularly provides housing to the general public on a commercial basis and who provides to any...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings: 1. EMPLOYEE. Employee means every person who may be permitted, required...
The occupier or manager of every textile factory shall post in every room where any employees work by piece rate, in legible writing or printing, and in sufficient numbers to be easily accessible...
It is unlawful for an employer to assess a fee or charge a prospective employee in any fashion for requesting, submitting, filing or completing an application for employment with that employer....
1. LEGISLATIVE FINDINGS. The Legislature finds that: A. The practice of receiving applicants for employment, conducting interviews of job applicants or performing medical examinations...
An employee who is temporarily laid off by an employer for over 6 weeks and who is placed on a recall or spare list by that employer for the purpose of being recalled to work shall have 7 days...
An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of that...
An employer who discloses information about a former employee's job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is...
In the absence of a collective bargaining agreement or other written employer-employee agreement providing otherwise, an employee, as defined in section 663, may be employed or permitted to work...
The following provisions govern the enforcement of this subchapter. 1. VIOLATION. Any employer who violates this subchapter commits a civil violation for which a forfeiture of not less than $...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Employer means all private and public employers,...
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. 1. EMPLOYMENT AGENCY. Employment agency means any person who conducts a...
1. PLACEMENT FEE. The placement fee charged to an applicant for employment by an employment agency shall not exceed the equivalent of the first full week's gross wages. This fee shall be in full...
1. VIOLATION. Any employment agency which violates this subchapter commits a civil violation for which a forfeiture of not less than $ 100 nor more than $ 500 for each violation may be adjudged....
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1. MINIMUM FREQUENCY. At regular intervals not to exceed 16 days, every employer must pay all wages earned by each employee. Each payment must include all wages earned to within 8 days of the...
Every employer shall keep a true record showing the date and amount paid to each employee pursuant to section 621-A. Every employer shall keep a daily record of the time worked by each such...
This section and sections 621-A and 622 do not apply to family members and salaried employees as defined in section 663, subsection 3, paragraphs J and K. Sections 621-A and 622 do not apply to an...
Any person, firm or corporation engaged in any manufacturing or mechanical business may contract with adult or minor employees to give one week's notice of intention on such employee's part to...
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1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following words shall have the following meanings. A. Covered establishment means any industrial or...
An employee leaving employment must be paid in full within a reasonable time after demand at the office of the employer where payrolls are kept and wages are paid, provided that any...
Whoever violates any of the provisions of sections 621-A to 623 or section 626, 628, 629 or 629-B is subject to a forfeiture of not less than $ 100 nor more than $ 500 for each violation. Any...
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No assignment of wages is valid against any other person than the parties thereto, unless such assignment is recorded by the clerk in the office of the Secretary of State. No such assignment of...
An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at...
No person, firm or corporation shall require or permit any person as a condition of securing or retaining employment to work without monetary compensation or when having an agreement, verbal,...
Whenever a person ceases to be employed because of the insolvency of his employer, if in claiming from the employer wages earned but not yet paid to him, the term wages earned shall include all...
1. APPLICATION. This section applies to health benefit plans which an employer provides or agrees to provide to his employees. It does not apply to employee health benefit plans separately...
An employer shall, upon written request of the affected employee, give that employee the written reasons for the termination of that person's employment. An employer who fails to satisfy this...
1. FUND ESTABLISHED. There is established a Maine Wage Assurance Fund to be used by the Bureau of Labor Standards within the Department of Labor for the purpose of assuring that all former...
1. WAGE STATEMENT. Every railroad corporation in the State shall furnish each employee of that corporation with a statement with every payment of wages, listing accrued total earnings and taxes to...
1. EMPLOYER'S DUTY. During a strike, an employer may not cancel any policy of group health insurance issued pursuant to Title 24-A, section 2804 until the employer has first notified insured...
It is the declared public policy of the State of Maine that workers employed in any occupation should receive wages sufficient to provide adequate maintenance and to protect their health, and to...
Terms used in this subchapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context: 1. DIRECTOR. Director, the Director of the Bureau...
Except as otherwise provided in this subchapter, an employer may not employ any employee at a rate less than the rates required by this section. 1. MINIMUM WAGE. The minimum hourly wage is $...
1. EXAMINATION OF RECORDS, BOOKS; COPIES. Every employer subject to this subchapter shall keep a true and accurate record of the hours worked by each employee and of the wages paid, such records...
For any employment in which the minimum wage is applicable, the director may issue to any person physically handicapped by age, or otherwise, a special certificate authorizing the employment of...
For any occupation within the scope of this subchapter, the director may cause to be issued to an employer of any learner, or of an employee under an approved apprentice training program, a...
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Any employer shall be liable to the employee or employees for the amount of unpaid minimum wages. Upon a judgment being rendered in favor of any employee or employees, in any action brought to...
Any employer who violates this subchapter shall, upon conviction thereof, be punished by a fine of not less than $ 50 nor more than $ 200. Any employer, who discharges or in any other manner...
No employer shall by a special contract with an employee or by any other means exempt himself from this subchapter. ...
1. PURPOSE. This subchapter is intended to: A. Protect the privacy rights of individual employees in the State from undue invasion by employers through the use of substance abuse...
No employer may require, request or suggest that any employee or applicant submit to a substance abuse test except in compliance with this section. All actions taken under a substance abuse...
1. TESTING OF APPLICANTS. An employer may require, request or suggest that an applicant submit to a substance abuse test only if: A. The applicant has been offered employment with the...
Action taken by an employer on the basis of a substance abuse test is limited as provided in this section. 1. BEFORE RECEIPT OF TEST RESULTS. An employer may suspend an employee with full pay...
1. REVIEW REQUIRED. The Department of Labor shall review each written policy or change to an approved policy submitted to the department by an employer under section 683, subsection 2. A....
1. OFFICE OF SUBSTANCE ABUSE. The Office of Substance Abuse shall adopt rules under the Maine Administrative Procedure Act, Title 5, chapter 375, as provided in this subchapter. 2. DEPARTMENT...
This section governs the enforcement of this subchapter. 1. REMEDIES. Any employer who violates this subchapter is liable to any employee subjected to discipline or discharge based on that...
The Department of Labor shall report to the joint standing committee of the Legislature having jurisdiction over labor matters on March 1, 1990, and annually on that date thereafter. This report...
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Every employer shall keep a time book or record for every minor under 18 years of age employed in any occupation, except the planting, cultivating or harvesting of field crops or other...
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A minor under 14 years of age may not be employed, permitted or suffered to work in, about or in connection with agriculture, except for the planting, cultivating or harvesting of field crops or...
A minor under 18 years of age may not be employed in any capacity that the director determines to be hazardous, dangerous to life or limbs, injurious to morals or when the minor's health would be...
A minor under 16 years of age may not be employed, permitted or suffered to work in, about or in connection with any manufacturing or mechanical establishment, hotel, rooming house, laundry,...
1. WORK PERMIT AUTHORITY. A minor under 16 years of age may not be employed without a work permit signed by the superintendent of schools of the school administrative unit in which the minor...
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The blank work permit required by section 775 must be formulated by the director and furnished by the director to the persons authorized to sign work permits. The forms of the permits must be...
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Any record of age, as provided under section 775 to determine whether or not a work permit may be issued to any child, shall be received as evidence of the age of such child in any prosecution...
1. STRICT LIABILITY. An employer who employs, permits or suffers any minor to be employed or to work in violation of this article or Title 20-A, section 5054 is subject to the following forfeiture...
Whoever, having any child under his control as parent, guardian, custodian or otherwise, permits or suffers such child to be employed or to work in violation of any of the provisions of this...
Whoever, being authorized to issue a work permit, knowingly fails to perform the duties of his office as required by this subchapter shall be punished by a fine of not less than $ 25 nor more than...
Whoever, being authorized to sign the work permit, or whoever, signing any certified copy of a town clerk's record of birth, or certified copy of a child's baptismal record or a physician's...
The Director of the Bureau of Labor Standards may adopt rules pursuant to Title 5, chapter 375, subchapter II that are consistent with this subchapter and considered appropriate or necessary for...
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In addition to employer responsibilities set forth in rules adopted under Title 5, section 4572, all employers shall act to ensure a workplace free of sexual harassment by implementing the...
1. INTENT. The intent of this subchapter is to minimize the disruption to the lives of persons performing service in the National Guard or the Reserves of the United States Armed Forces as well as...
1. BENEFITS ACCRUAL. Absence for military training as described in section 811 does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages...
1. ACTION AUTHORIZED. If any employer fails to comply with any of the provisions of sections 811 and 812, the Attorney General, Judge Advocates of the Maine National Guard or employee may bring a...
Any person, except a person covered under Title 20-A, section 13602, employed in a position other than a temporary position shall be granted a leave of absence to fulfill the duties of a...
An employee who fails to provide the notice to his employer required by section 821 waives any rights to a leave of absence provided by this subchapter. ...
1. REQUEST. An employer who feels that granting the leave of absence required by this subchapter will cause unreasonable hardship for his business may appeal for relief by a written notice of...
This subchapter may be cited as the Whistleblowers' Protection Act. ...
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. 1. EMPLOYEE. Employee means a person who performs a service for wages or...
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An employee who alleges a violation of that employee's rights under section 833, and who has complied with the requirements of section 833, subsection 2, may bring a complaint before the Maine...
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A person who violates section 839 is liable for a civil fine of $ 10 for each day of willful violation which shall not be suspended. Any civil fine imposed under this section shall be submitted to...
This subchapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with section...
Nothing in this section may be construed to derogate any common-law rights of an employee. ...
A trust of real or personal property, or real and personal property combined, created by an employer as part of a stock bonus, pension, disability, death benefit or profit sharing plan for the...
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. 1. EMPLOYEE. Employee means any person who may be permitted, required or...
1. FAMILY MEDICAL LEAVE ENTITLEMENT. Every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 consecutive work weeks of family medical leave in...
1. RESTORATION. Any employee who exercises the right to family medical leave under this subchapter, upon expiration of the leave, is entitled to be restored by the employer to the position held by...
1. BENEFIT ACCRUAL. The taking of family medical leave under this subchapter shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. 2....
A civil action may be brought in the appropriate court by an employee against any employer to enforce this subchapter. The court may enjoin any act or practice that violates or may violate this...
1. REQUIRED LEAVE. An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to: A. Prepare for and attend court proceedings; B. Receive...
It is declared to be the policy of the State, in the exercise of its police power for the protection of the public safety and for the maintenance of peace and good order and for the promotion of...
No person, partnership, union, agency, firm or corporation or officer, employee or agent thereof shall recruit, procure, supply or refer any person for employment who customarily and repeatedly...
No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor, strike or lockout shall take or offer to take the place of employment of any...
It shall be prima facie evidence that a person customarily and repeatedly offers himself for employment in place of employees involved in a labor, strike or lockout, if such person shall have 2...
Any person, partnership, union, agency, firm or corporation or any officer, employee or agent thereof, who or which shall willfully and knowingly violate any provision of this subchapter, for each...
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1. PROHIBITION. No employer shall knowingly employ any alien in this State who has not been lawfully admitted to the United States for permanent residence, unless the employment of that alien is...
It is declared to be the policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes...
The Panel of Mediators, as established by Title 5, section 12004-B, subsection 3, consisting of not less than 5 nor more than 10 impartial members, must be appointed by the Governor from time to...
Mediation procedures as provided by section 965, subsection 2, shall be followed whenever either party to a controversy requests such services and the Maine Labor Relations Board or its executive...
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The State Board of Arbitration and Conciliation, in this subchapter called the board, consists of 3 members appointed by the Governor from time to time upon the expiration of the terms of the...
The chairman of the board or his alternate may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or...
Except in cases in which the public welfare is involved, a minimum of 3 working days' notice shall be required before the board will convene. When the board has taken jurisdiction of a case...
Whenever it appears to the employer or employees concerned in a labor dispute, or when a strike or lockout is threatened, or actually occurs, he or they may request the services of the board....
In cases of controversy, where conciliation, mediation or arbitration is refused by one of the parties or the board has deemed that those processes have been or will be ineffective, either party...
If the case cannot be settled through the process of conciliation, the interested parties may jointly submit the case to arbitration by filing an arbitration application with the Executive...
If any employer, during the continuance of a strike among his employees, or during the continuance of a lockout or other labor trouble among his employees, publicly advertises in newspapers, or by...
Any information disclosed by either party to a dispute to the board or any of its members in carrying out this subchapter shall be confidential, except as may be provided otherwise in this...
A written provision in any collective bargaining contract to settle by arbitration a controversy thereafter arising out of such contract or out of the refusal to perform the whole or any part...
If any action or proceeding be brought in any court upon any issue or controversy referable to arbitration under a written provision in any collective bargaining contract or under an agreement in...
A party aggrieved by the alleged failure, neglect or refusal of another to arbitrate in accordance with any agreement embraced within section 951 may institute proceedings in the Superior Court....
If in the agreement provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method is provided therein, or if a...
Any application to the court under this subchapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided. ...
The arbitrators selected either as prescribed in this subchapter or otherwise, or a majority of them, may summon in writing any person to attend before them, or any of them, as a witness and in a...
If the parties in their collective bargaining contract or written submission agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration,...
In any of the following cases the Superior Court in and for the county wherein the award was made may make an order vacating the award upon the application of any party to the arbitration: 1....
The Superior Court in and for the county wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration where there was an...
It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between public employers and their employees by providing...
As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings. 1. BOARD. Board means the Maine Labor Relations Board...
No one shall directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against public employees or a group of public employees in the free exercise of their rights,...
1. PUBLIC EMPLOYER PROHIBITIONS. Public employers, their representatives and their agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of...
If a contract between a public employer and a bargaining agent expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to...
1. NEGOTIATIONS. It shall be the obligation of the public employer and the bargaining agent to bargain collectively. Collective bargaining means, for the purposes of this chapter, their mutual...
1. BARGAINING UNIT STANDARDS. In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining or...
1. VOLUNTARY RECOGNITION. Any public employee organization may file a request with a public employer alleging that a majority of the public employees in an appropriate bargaining unit wish to be...
1. MAINE LABOR RELATIONS BOARD. The Maine Labor Relations Board, established by Title 5, section 12004-B, subsection 2, consists of 3 members and 6 alternates appointed by the Governor, subject to...
Nothing in this chapter shall diminish the authority and power of any municipal civil service commission or personnel board or its agents established by statute, charter or special act to conduct...
A collective bargaining agreement between a public employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure, but the only grievances which may...
In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated employee organization may sue or be sued in the name by which...
If any clause, sentence, paragraph or part of this chapter for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the...
Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposal may be publicized until 10 days after both parties have made their initial...
It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between the State and its employees and between the...
As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings. 1. BARGAINING AGENT. Bargaining agent means any...
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against state or legislative employees or a group of employees in the free exercise of their...
1. PUBLIC EMPLOYER PROHIBITIONS. The public employer, its representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the...
1. In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining or between the public employer and...
1. VOLUNTARY RECOGNITION. Any state employee organization may file a request with the public employer alleging that a majority of the state employees is an appropriate bargaining unit wish to be...
1. RULE-MAKING PROCEDURE. Proceedings conducted under this chapter are subject to the rules and procedures of the board promulgated under section 968, subsection 3. 2. REVIEW OF...
1. The board is empowered, as provided, to prevent any person, the public employer, any state employee, any legislative employee, any employee organization or any bargaining agent from engaging in...
1. Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other evidence deemed...
1. The board shall annually, on or before the first day of July, make a report to the Governor. The appropriation for the board and the executive director shall be included in the budget of the...
An agreement between a bargaining agent and the public employer may provide for binding arbitration as the final step of a grievance procedure, provided that any such grievance procedure shall be...
1. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with Rule 80B of the Maine Rules of Civil...
1. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to...
The name of the Public Employees Labor Relations Board is changed to the Maine Labor Relations Board. Whenever the name Public Employees Labor Relations Board appears in law, it shall be construed...
Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposal may be publicized until 10 days after both parties have made their initial...
If a contract between a public employer and a bargaining agent expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to...
This section governs limited-period positions created for former regular employees of the State who are receiving workers' compensation payments from the State when creation of the positions will...
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It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between public employers and their employees by providing...
No one may directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against university, academy or technical college employees or a group of university, academy or...
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1. LEGISLATIVE INTENT. It is the express legislative intent that, in order to foster meaningful collective bargaining, units shall be structured in such a way as to avoid excessive fragmentation...
1. VOLUNTARY RECOGNITION. Any employee organization may file a request with the university, academy or technical colleges alleging that a majority of the university, academy or technical college...
1. NEGOTIATIONS. It is the obligation of the university, academy, technical college or state schools for practical nursing and the bargaining agent to bargain collectively. Collective bargaining...
1. UNIVERSITY, ACADEMY AND TECHNICAL COLLEGES; PROHIBITIONS. The university, its representatives and agents, the academy, its representatives and agents and the technical colleges, their...
1. RULE MAKING PROCEDURE. Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3. 2. REVIEW OF...
1. BOARD POWER TO PREVENT PROHIBITED ACTS. The board is empowered, as provided, to prevent any person, the university, any university employee, any university employee organizations, the academy,...
1. CONDUCT OF HEARINGS. Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and...
A collective bargaining agreement between the university, the academy or the technical colleges and a bargaining agent may provide for binding arbitration as the final step of a grievance...
In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated employee organization may sue or be sued in the name by which...
1. COURT REVIEW. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with the Maine Rules of Civil...
Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposals may be publicized until 10 days after both parties have made their initial...
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This chapter shall be known and may be cited as the Employment Security Law. ...
Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this State. Unemployment is therefore a subject of general interest and concern which...
As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meanings. 1. AGRICULTURAL LABOR. A. On and after January 1, 1978,...
1. WAIVER OF RIGHTS VOID; PENALTY. Any agreement by an individual to waive, release or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by an...
1. CIVIL ACTIONS. In any civil action to enforce this chapter, the bureau and the State may be represented by any qualified attorney who is employed by the bureau and designated by it for this...
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the Unemployment...
All information transmitted to the bureau, the commission or its duly authorized representatives pursuant to this chapter is absolutely privileged and may not be made the subject matter or basis...
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provision to other persons or...
All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this chapter at any...
If at any time the provisions of this chapter requiring the payment of contributions and benefits have been held invalid under the Constitution of this State by the Supreme Judicial Court of this...
1. FALSE STATEMENT OR REPRESENTATION. A person is guilty of unemployment fraud if he makes a false statement or representation knowing it to be false or knowingly fails to disclose a material...
1. COMMISSION. The Maine Unemployment Insurance Commission shall consist of 3 members, one of whom shall be a representative of labor, one of whom shall be a representative of employers and one of...
1. POWERS AND DUTIES OF THE COMMISSIONER. Except as otherwise provided, it is the duty of the Commissioner of Labor to administer this chapter, through an organization to be known as the Bureau of...
1. STATE EMPLOYMENT SERVICE. The commissioner shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of...
1. AUTHORIZATION. The legislative body of a municipality may authorize its municipal officers or their designee to enter into an agreement, not financed by the State, with the commissioner for the...
The special fund in the State Treasury known as the Unemployment Compensation Administration Fund, as heretofore created, shall hereafter be known as the Employment Security Administration Fund....
If any moneys received in the Employment Security Administration Fund after June 30, 1941 are found by the Secretary of Labor because of any action or contingency to have been lost or been...
The Unemployment Compensation Fund, as heretofore created, shall be a special fund, separate and apart from all public moneys or funds of this State, and shall be administered by the commissioner...
The Treasurer of State shall be the ex officio treasurer and custodian of the Unemployment Compensation Fund and shall administer such fund in accordance with the directions of the commissioner....
Sections 1141, 1161 and 1162, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the...
The Special Administrative Expense Fund is created as a special fund in the State Treasury. All interest, fines and penalties collected under this chapter and all voluntary contributions tendered...
The Federal Advance Interest Fund shall be a special nonlapsing fund in the State Treasury. All receipts, including interest, fines and penalties collected from the special assessment as defined...
1. REFERRAL FOR REVIEW AND EVALUATION. Whenever a legislative measure containing an unemployment compensation benefit change is proposed, the bureau shall complete a review and evaluation pursuant...
1. PAYMENT OF BENEFITS. Benefits shall be paid from the Unemployment Compensation Fund through public employment offices or such other agencies as the commission may by regulation prescribe, and...
An unemployed individual shall be eligible to receive benefits with respect to any week only if: 1. HAS CLAIM FOR BENEFITS. He has made a claim for benefits with respect to such week or part...
An individual shall be disqualified for benefits: 1. VOLUNTARILY LEAVES WORK. A. For the week in which the claimant left regular employment voluntarily without good cause...
1. FILING. Claims for benefits shall be made in accordance with such regulations as the commission may prescribe. Each employer shall post and maintain printed statements of the regulations in...
1. DEFINITIONS. Notwithstanding any other provisions of this chapter, the following words, as used in this section, shall have the following meanings, unless the context clearly requires...
1. DISLOCATED WORKER DEFINED. As used in this section; section 1043, subsection 5, paragraph B; and section 1191, subsection 4, paragraph A, the term dislocated worker means: A. An...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Self-employment assistance activities means activities...
1. JOINT AND SEVERAL LIABILITY. A client company is jointly and severally liable for unpaid contributions, interest and penalties due under this chapter from the employee leasing company for wages...
To the extent permitted under federal law, including the Maine Indian Claims Settlement Act, Title 25, United States Code, Chapter 19, Subchapter II, this section governs unemployment...
1. PERIOD OF EMPLOYER'S COVERAGE. Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such...
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All employers, exempt from the weekly payment of wage law of this State, may be required to report to the commissioner all accrued wages payable for employment during the calendar quarter when...
1. ASSESSMENT PROCEDURE. If any employer files reports for the purpose of determining the amount of contribution due, but fails to pay any part of the contribution, interest or penalties due...
1. FORM AND EFFECT. Upon the failure of an employer to pay the amount assessed pursuant to section 1225, the commissioner may file in the registry of deeds of any county a certificate under his...
Any individual or organization, including the types of organizations described in section 1043, subsection 10, whether or not an employing unit, which acquires the organization, trade or business...
If any employer fails to make any payment of contributions, interest or penalties after notice of an assessment under section 1225, subsection 1, and after the assessment has become final as to...
1. REQUEST FOR WARRANT. If any contribution required to be paid and any interest or penalty or both payable to the commissioner under this chapter is not paid when due and has become final as to...
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors,...
1. INFORMATION PROVIDED TO COMMISSIONER. At the request of the commissioner, every department, board, commission, division, authority, district or other agency of the State issuing or renewing a...
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1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Advance means a loan made from the Federal...
1. SEASONAL INDUSTRY. As used in this section, the term seasonal industry means an industry in which, because of the seasonal nature thereof, it is customary to operate only during a regularly...
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It is declared to be the public policy of this State and it is the purpose of this chapter to promote improvement of the relationship between the Judicial Department of the State and its employees...
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. 1. BARGAINING AGENT. Bargaining agent means any lawful organization,...
No one may directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against judicial employees or a group of judicial employees in the free exercise of their rights...
1. PUBLIC EMPLOYER PROHIBITIONS. The public employer, its representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the...
If a contract between a public employer and a bargaining agent expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to...
1. UNIT DETERMINATION. In the event of a dispute between the public employer and an employee or employees over the appropriateness of a unit for purposes of collective bargaining or between the...
1. VOLUNTARY RECOGNITION. Any judicial employee organization may file a request with the public employer alleging that a majority of the judicial employees in an appropriate bargaining unit wish...
1. RULE-MAKING PROCEDURE. Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3. 2. REVIEW OF...
1. PREVENTION OF PROHIBITED ACTS; BOARD POWERS. The board may prevent any person, the public employer, any judicial employee, any judicial employee organization or any bargaining agent from...
1. HEARINGS; RULES OF EVIDENCE; EVIDENCE. Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all...
A collective bargaining agreement between the public employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure, but the only grievances which...
1. REVIEW BY SUPERIOR COURT. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. For interest arbitrations, the review must be sought in...
This Act shall not be amended without first consulting the Supreme Judicial Court. ...
The State, counties, cities and towns, and every charitable or educational institution which is supported in whole or in part by aid granted by the State or by any municipality shall, in the...
Every municipality calling for such bids shall enter proposals and bids upon its books, showing the name and residence of each bidder, and the amount and terms of each bid, and to whom the work or...
In the employment of laborers in the construction of public works, including state highways, by the State or by persons contracting for the construction, preference must first be given to citizens...
The listed terms as used in sections 1304 to 1313 are defined as follows, unless a different meaning is plainly required by the context. 1. BOARD. Board means the Minimum Wage Rate on...
It is declared to be the policy of the State that a wage of no less than the prevailing hourly rate of wages and benefits for work of a similar character in this State must be paid to all workers...
The public authority shall, before advertising for bids for a public contract, ascertain from the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid...
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The Director of the Bureau of Labor Standards shall form an informal, ad hoc advisory board to advise the director with respect to issues relating to wage rates on construction projects. In...
1. DETERMINATION OF WAGE AND BENEFIT RATES. The Bureau of Labor Standards shall investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in this...
A clearly legible statement of all fair minimum wage and benefits rates to be paid the several classes of laborers, workers and mechanics employed on the construction on the public work must be...
The contractor and each subcontractor in charge of the construction of a public work shall keep an accurate record showing the names and occupation of each and all laborers, workers and mechanics...
Sections 1304 to 1313 apply only to contracts for construction on public works let after January 1, 1968 and to construction on public works for which there has been determined the fair minimum...
Whenever a public works construction is built in whole or in part by federal funds and is under the jurisdiction of the Davis-Bacon or other Federal Act that requires the Secretary of Labor to...
The Bureau of Labor Standards may exchange wage and benefits finding information with the United States Department of Labor when the Secretary of Labor is required to establish the minimum wage...
It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between agricultural employers and their employees by...
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. 1. AGRICULTURE. Agriculture means farming in all its branches and includes...
Agricultural employees have the right to self-organize; to form, join or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in other...
1. AGRICULTURAL EMPLOYER PROHIBITIONS. Agricultural employers and their representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the...
1. NEGOTIATIONS. It is the obligation of the agricultural employer and the bargaining agent to bargain collectively. Collective bargaining means, for the purposes of this chapter, the mutual...
1. UNIT DETERMINATION. If there is a dispute between the agricultural employer and an employee or employees over the appropriateness of a bargaining unit for purposes of collective bargaining or...
1. RULE-MAKING PROCEDURE. Proceedings conducted under this chapter are subject to the rules and procedures of the board under section 968, subsection 3. 2. REVIEW OF REPRESENTATION...
1. PREVENTION OF PROHIBITED ACTS; BOARD POWERS. The board may prevent a person, an agricultural employer, an agricultural employee, an agricultural employee organization or a bargaining agent from...
1. HEARINGS; RULES OF EVIDENCE; EVIDENCE. Hearings conducted by the board must be informal and the rules of evidence prevailing in judicial proceedings are not binding. Any documentary evidence...
A collective bargaining agreement between an agricultural employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure. An arbitrator with the...
In any judicial proceeding brought under this chapter or to enforce the rights guaranteed by this chapter, an unincorporated employee organization may sue or be sued in the name by which it is...
Either party may seek a review of a binding determination by an arbitration panel or arbitrator pursuant to the Uniform Arbitration Act, Title 14, Chapter 706. ...
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The Commissioner of Labor is entitled to receive a fixed weekly salary in accordance with Title 2, section 6, and must be paid from the administrative funds of the Bureau of Employment Services,...
1. NONDISPLACEMENT OF EXISTING EMPLOYEES; NONAVAILABILITY FOR LAYOFF REPLACEMENT; NONINFRINGEMENT ON PROMOTIONAL OPPORTUNITIES OR COLLECTIVE BARGAINING AGREEMENTS; LABOR DISPUTES. A participant...
The department, to the extent possible within available resources, shall establish a migrant and immigrant worker assistance outreach project to assist migrant and immigrant workers in the State....
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. COMMUNITY REHABILITATION PROGRAM. Community rehabilitation program means...
There is created within the department a functional unit of rehabilitation services, which is equal in administrative level and status with the other major administrative units within the...
The department is designated and established as the sole state agency to provide rehabilitation services, including but not limited to vocational rehabilitation services, and to provide evaluation...
In carrying out this article, the commissioner: 1. COOPERATES WITH OTHER DEPARTMENTS. Shall cooperate with other departments, agencies and institutions, both public and private, in providing...
The department shall cooperate with the Federal Government in carrying out the purposes of federal statutes pertaining to vocational rehabilitation and is authorized to adopt methods of...
The Treasurer of State is the appropriate officer of the State to receive and administer federal grants for rehabilitation programs, as contemplated by the Federal Rehabilitation Act and acts...
The commissioner, with the approval of the Governor, may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this article. Gifts made under conditions...
The right of a handicapped or disadvantaged individual to maintenance under this article is not transferable or assignable at law or in equity and none of the money paid or payable or rights...
An individual applying for or receiving rehabilitation under this article who is aggrieved by an action or inaction of the department is entitled to a fair hearing by the commissioner or the...
Except for purposes directly connected with the administration of the rehabilitation program and in accordance with its rules, it is unlawful for a person or individual to solicit, disclose,...
An officer or employee engaged in the administration of the rehabilitation program may not use that officer's or employee's official authority to influence or permit the use of the rehabilitation...
The department shall make continuing study of the needs of people with disabilities and disadvantaged individuals in the State and how these needs may be met most effectively. The study and...
The commissioner shall establish within the department the Bureau of Rehabilitation Services, which shall administer that group of rehabilitation services specifically related to the federal...
Rehabilitation services may be provided directly or through public or private resources to people with disabilities, including those who are eligible for rehabilitation services under the terms of...
The department is authorized to establish rules required for the proper administration of a vocational rehabilitation program under the Federal Rehabilitation Act and acts amendatory and...
The commissioner shall adopt rules pursuant to Title 5, chapter 375, subchapter II to create a grievance procedure applicable to all bodies of State Government in accordance with 45 Code of...
The Bureau of Rehabilitation Services, referred to in this section as the bureau, is the lead agency for administering a program of consumer-directed personal care assistance services, referred...
There is established the Division of Deafness within the Department of Labor, Bureau of Rehabilitation Services. ...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. ADVISORY COUNCIL. Advisory council means the advisory council for the...
To provide the following services and information to deaf and hard-of-hearing persons, the Division of Deafness shall: 1. PROVIDE ADVOCACY. Provide cooperative agreements or coordinate with...
The advisory council shall advise the Director of the Bureau of Rehabilitation Services and shall prepare an annual report, which is a public document to the extent that it complies with section...
1. DIRECTOR. The Director of the Bureau of Rehabilitation Services shall appoint the Director of the Division of Deafness, who is responsible for administering the Division of Deafness and its...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. INDEPENDENT LIVING SERVICES. Independent living services means services...
The department may make grants to establish independent living services. Funds must be disbursed and audited in accordance with departmental grant policies and procedures. The department shall...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. BUREAU. Bureau means the Bureau of Rehabilitation Services in the...
An individual is eligible for a subsidy under section 1415-A if that individual: 1. SEVERE PHYSICAL DISABILITY. Has a severe physical disability; 2. EMPLOYED. Is employed or ready for...
1. TEAM DESIGNATION. The director of the bureau shall designate one or more evaluation teams, which must consist of at least 2 persons, one of whom must be a registered nurse licensed under Title...
The director of the bureau may adopt rules necessary to carry out the director's duties under this article. ...
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The department, under the direction of the Governor, may establish, conduct and maintain rehabilitation work as part of its program of aid and assistance for students with disabilities. That...
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. 1. BLIND PERSON. Blind person means a person having not more than 20/200...
The Division for the Blind and Visually Impaired is established within the department under the jurisdiction of the Director of the Division for the Blind and Visually Impaired. The commissioner...
Jurisdiction of the director means having direct administrative responsibility for all programs and personnel under this article. ...
The division shall provide a program of services for the blind, including prevention of blindness, locating of blind persons, vocational guidance and training of the blind, placement of blind...
Whenever, upon examination at a clinic, hospital or other institution, or elsewhere, by a physician, optometrist, institutional superintendent or other qualified person, the visual acuity of a...
To provide blind persons with remunerative employment, enlarge the economic opportunities of blind persons and encourage blind persons to become self-supporting, the officer, board or other...
The officer, board or other authority in charge of a public building or property shall: 1. POLICIES. Adopt policies and take actions necessary to ensure that blind persons are given...
In carrying out this article the division shall: 1. RULES. Prescribe rules governing: A. The maintenance of a roster of blind persons eligible to become managers and the issuance...
To carry out the purposes of this article, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, the agency directing that...
If a suitable location is available for a vending facility that requires the construction of a portable building, the division may construct such a building and may have the use of the land on...
1. FEES PROHIBITED GENERALLY. Except as provided in subsection 2, a rental fee may not be required or received for the granting of authority to the division to operate a vending facility. 2....
This article does not apply to or authorize the installation of vending facilities in a building wholly used by a correctional or mental institution or by an educational institution of any type...
If a vending facility not under the control of the division exists in a building or on property of the State, a county or a municipality, the person having jurisdiction over that building or...
1. DEFINITIONS. As used in this article, unless the context otherwise indicates, the following terms have the following meanings. A. Deaf person means a person whose sense of hearing is...
1. MONEY FOR SPECIALIZED CUSTOMER TELECOMMUNICATIONS EQUIPMENT. The Bureau of Rehabilitation Services within the department, pursuant to appropriation of money to the bureau for specialized...
It is the policy of this State to encourage and enable deaf and hard-of-hearing persons to participate fully in the social and economic life of this State and to engage in remunerative employment....
The rights, established by this subarticle, of deaf and hard-of-hearing persons are as follows. 1. STREETS AND PUBLIC PLACES. Deaf and hard-of-hearing persons have the same rights as...
The driver of a vehicle approaching a deaf or hard-of-hearing person using a properly identified guide dog shall take all necessary precautions to avoid injury to that person and the guide dog. A...
A person or the person's agent who denies or interferes with admittance to or enjoyment of the public facilities described in section 1420-A or otherwise interferes with the rights of a deaf or...
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As used in this chapter, displaced homemaker means an individual who: 1. FORMER WORKER IN HOME. Has worked in the home for a substantial number of years providing unpaid household services...
The Department of Labor shall establish a program to provide job counseling, job training, job placement and referral services to displaced homemakers in cooperation with existing Displaced...
1. MEMBERSHIP. The Displaced Homemakers Advisory Council, established by Title 5, section 12004-I, subsection 54, and in this chapter called the council, shall be composed of the following...
The commissioner shall report to the Legislature on an annual basis the services provided by this program. ...
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As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. 1. ACT. Act means the Job Training Partnership Act, as established by the...
The commissioner may enter into agreements with agencies of the Federal Government, State Government or county government as required for the purpose of implementing the Federal Job Training...
The joint standing committee of the Legislature having jurisdiction over economic development matters: 1. BUDGET. May review the budgets of grant recipients and make written comments to the...
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1. RESPONSIBILITIES. The Maine Jobs Council is established and in this section is referred to as the council. The council will ensure that the State's workforce development system helps Maine...
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This subchapter may be known and cited as the Nontraditional Occupation Act. ...
Notwithstanding subchapters I and II, the department shall encourage pursuit of nontraditional occupations by: 1. SUPPORT SERVICES. Providing necessary support services to participants,...
The Commissioner of Labor shall annually forward to the joint standing committee of the Legislature having jurisdiction over labor matters measurable goals showing continued reasonable progress...
The Department of Labor must provide monthly written reports to the joint standing committee of the Legislature having jurisdiction over labor matters, commencing August 1, 1992. The reports must...
1. PROGRAM ESTABLISHED. The Governor's Training Initiative Program, referred to in this section as the program, is established to encourage high-quality job creation and expansion by directly...
The Department of Labor may administer and operate a program of trade adjustment assistance to workers as provided under United States Trade Act of 1974, Title II, Chapter 2, Public Law 93-618,...
The commissioner shall report to the Legislature on January 1, 1986, on the use of funds authorized to be used for training and supportive services under section 1164. The commissioner shall also...
The Peer Support Program for Displaced Workers is created within the department to provide advocacy and information for workers displaced by significant layoffs. The program may initiate one or...
1. INITIATION OF PROJECT. When 100 or more employees of a single employer are laid off, the department shall initiate a peer support project to assist the affected employees. The department may...
This chapter shall be known and may be cited as the Railroad Employee Equity Act. ...
Effective January 1, 1987, any person, corporation or other entity purchasing, acquiring, leasing or otherwise obtaining from a financially related entity the right to operate a rail line or...
Any person who is given a first right of hire by section 2072, who is deprived of that right by the action or inaction of the new operator of the rail line, shall have a cause of action against...
1. DEFINITIONS. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. Expenses means actual expenses paid for room, board,...
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. 1. FIRE DEPARTMENT. Fire department means a municipal fire department, as...
1. TRAINING REQUIREMENTS. Each fire department shall provide a training program which meets the fire department's needs and includes the following: A. Training in accordance with Title...
Any reference in this section to a standard is to the most recent standard in effect. 1. PROTECTIVE EQUIPMENT. Except as provided in subsection 2, the fire department shall provide each...
The Bureau of Labor Standards shall adopt an inspection procedure for self-contained breathing apparatus. The procedure must include at least the following, as specified in the American National...
The Bureau of Labor Standards shall inspect fire departments to determine compliance with this chapter. The bureau shall assist fire departments in complying with this chapter. ...
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The Board of Occupational Safety and Health shall adopt rules to carry out and enforce this chapter. The Board of Occupational Safety and Health may issue advisory rulings in accordance with...
Any rules or portions of rules adopted by the Department of Labor that are inconsistent with this chapter are void and unenforceable. ...
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This chapter establishes the Job Training Program for Activities Coordinators, referred to in this chapter as the program, to provide assistance to the State's long-term care facilities, as...
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Under the program, training for activities coordinators in long-term care facilities must be as follows. 1. JOB TRAINING SERVICES. Job training services, which are provided under the state...
This chapter applies to actions taken under the Maine Job Training System. For the purposes of this chapter, the Maine Job Training System means all state and federal education and training...
1. APPLICATION. This section applies to all on-the-job training contracts entered into by any agency or organization, public or private, that provides a wage subsidy for a trainee with public...
Each person enrolled in a program under the Maine Job Training System shall be provided an informational pamphlet on labor law which explains the person's rights and responsibilities and lists the...
There is established in the workforce development center administrative office in the Department of Labor the Maine Conservation Corps, referred to in this chapter as the Corps, to provide job...
Projects to be carried out by the Corps are limited to projects on publicly owned lands or, if not on public lands, under the sponsorship and supervision of a public agency or nonprofit...
The executive director of the workforce development center administrative office shall employ a director of the Corps in the job training administrative office and may employ other personnel as...
Members of the Corps who are paid wages or a living allowance through the General Fund account of the Corps or through its dedicated account must receive personal liability insurance and workers'...
The assignment of members of the Corps may not result in the displacement of existing employees of the sponsor, including any employees who have been temporarily laid off by the sponsor. For...
There is established within the Corps the State Environmental Resource Volunteer Effort Program, referred to in this subchapter as SERVE/Maine, to create, promote and manage volunteer and intern...
The State Environmental Resource Volunteer Effort Program must ensure that volunteers are covered by workplace injury and liability insurance. ...
Volunteers and interns may perform work and services that are described in section 2183. Volunteers and interns must be placed in federal, state or local public agencies or in nonprofit...
Sponsoring natural resource agencies may provide stipends to volunteers and interns not to exceed the minimum wage and may reimburse volunteers or interns for work-related expenses. Funds for...
Private organizations and individuals may donate money to the State Environmental Resource Volunteer Effort Program for general or specific purposes. The funds must be expended to further the...
The Department of Labor shall annually, by September 1st, report the following information regarding the federal Workforce Investment Act of 1998, referred to in this section as the Act, to the...
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