Maine enacts pay transparency law

Employers in Maine will soon be required to share pay information with job applicants and employees. Gov. Janet Mills signed H.P. 18 into law on April 24, making Maine the 17th state to enact a pay transparency law.

Under the law, employers with 10 or more employees will be required to include a pay range in any job posting, unless the role is paid solely on a commission basis. The requirement applies regardless of whether an employer uses third-party recruiting services or does its own direct recruiting and hiring.

The law defines a posting as a solicitation intended to recruit applicants for a specific available position that includes qualifications for desired applicants. Both printed and electronic postings are included.

A pay range is the range of pay that an employer anticipates relying on to set wages for a posting, including but not limited to:

• Any applicable pay scale;
• A previously determined pay range for the position;
• The actual range of wages for those currently holding equivalent positions; or
• The budgeted amount for the position.

In addition to the job posting requirements, all employers will be required to:

• Disclose the pay range for an employee’s current role upon the employee’s request; and
• Keep records of each position held by an employee, and the employee’s pay history in each role, for the duration of employment plus three years after termination.

The law will take effect 90 days after the current legislative session adjourns.