Maine recently enacted a pay transparency law that will require certain employers to disclose pay ranges in job postings and maintain records of employees’ compensation history. On April 24, 2026, Gov. Janet Mills signed into law H.P. 18/L.D. 54, “An Act to Require Employers to Disclose Pay Ranges and Maintain Records of Employees’ Pay Histories.”
Starting July 29, 2026, employers with 10 or more employees will be required to include a pay range in job postings. The statute defines “range of pay” as the range an employer anticipates relying on when setting compensation for a position, including, for example, any applicable pay scale, a previously determined wage range for the position, the actual range for those in equivalent positions, or the amount budgeted for the position. The law does not state whether the 10-employee threshold is measured based on employees located in Maine or the employer’s total workforce.
The law carves out a limited exception for positions paid entirely on commission. For those roles, a posting does not need to include a pay range, but it must indicate that compensation is paid solely on commission.
The disclosure requirements apply to both electronic and hard copy postings, whether the employer posts the position directly or uses a third party. Regardless of employer size, at an employee’s request, an employer must disclose the pay range offered for a position the employee holds.
In addition to its posting requirements, the law also imposes recordkeeping obligations for employers of any size. Employers must maintain a record of each position an employee holds and the employee’s pay history in each position throughout employment and for three years after employment ends.
The new law builds on existing Maine law prohibiting employers from seeking an applicant’s salary history prior to making an offer and protecting employees’ ability to discuss their compensation with others.
The law also allocates funding to the Maine Department of Labor (MDOL) to support enforcement. It does not, however, expressly create a private right of action. Fines are currently set between $100 and $500 for each violation. Further guidance from the MDOL, including potential rulemaking, is expected regarding enforcement.
Employers with hiring activity in Maine should begin preparing now by reviewing posting templates, identifying how pay ranges will be set and documented, confirming who is responsible for responding to employee requests, and evaluating whether existing record-retention practices are sufficient to meet the new law’s requirements.
If you have questions about Maine’s new pay transparency law or similar compliance obligations in other states, contact a Jackson Lewis P.C. attorney.