Maine employers will soon be required to disclose pay ranges under the state’s newly enacted pay transparency law. On April 24, 2026, Maine’s Governor, Janet Mills, signed into law, “An Act to Require Employers to Disclose Pay Ranges and Maintain Records of Employees’ Pay Histories.” Effective July 29, 2026, employers with 10 or more employees must provide a prospective range in a job “posting”, defined as “a solicitation that is intended to recruit employment applicants for a specific available position and that includes qualifications for desired applicants….” The posting may be made electronically or by hard copy. The range of pay is that which the employer anticipates relying on in setting wages for a job position. Pay ranges can reference, for example, any applicable pay scale, a previously determined range of wages for the position, the actual range of wages for those currently holding equivalent positions, or the budgeted amount for the position.
LD 54 does not explicitly specify whether the 10-employee minimum includes only those employees located in the state of Maine, or if it also includes those located outside Maine.
The requirements under LD 54 apply to job postings by third parties, not just directly by the employer.
Employers are not required to provide a range of pay if the position that is the subject of the posting is compensated solely on the basis of commission. In this case, employers must indicate in the posting that the compensation for the position is based solely on commission.
LD 54 also imposes additional requirements of Maine employers. First, if an employee requests that their employer disclose the range of pay the employer offers for the position the employee holds, the employer must do so. Second, employers must maintain a record of each position held by an employee and the pay history of the employee in each position for the duration of the employee’s employment, and for three years after the termination of the employee’s employment.
Maine employers should ensure (1) proper pay range disclosures are included in their job postings, (2) all job titles have pay ranges determined in the event an employee requests such information, and (3) they are fully documenting all job titles and pay rates for employees and have a system in place to retain that information for three years after employment.
Maine joins a growing number of states, including Massachusetts, that require employers to disclose the pay ranges for job postings. Employers should contact their MBJ attorney to ensure that their job advertisements and postings comply with the various state laws that address pay transparency.
Alexandra Burroughs-Hood is an attorney with Morgan, Brown & Joy, LLP, and may be reached at (617) 523-6666, or at aburroughs-hood@morganbrown.com. Morgan, Brown & Joy, LLP focuses exclusively on representing employers in employment and labor matters.
This alert was prepared on July 6, 2026.
This publication, which may be considered advertising under the ethical rules of certain jurisdictions, should not be construed as legal advice or a legal opinion on any specific facts or circumstances by Morgan, Brown & Joy, LLP and its attorneys. This newsletter is intended for general information purposes only and you should consult an attorney concerning any specific legal questions you may have.