Maine Labor Laws 2026: Wage, Overtime, Earned Paid Leave, and Pay

Maine layers several state rules on top of federal law, all enforced by the Maine Department of Labor (MDOL) Bureau of Labor Standards. Employers face an indexed minimum wage, a state exempt salary threshold well above the federal one, a mandatory 30-minute break after six hours, Earned Paid Leave that employees may use for any reason, a vacation payout requirement for employers with 11 or more employees, and pay at least every 16 days. Portland and Rockland add city minimum wages, and the state's child labor rules are stricter than the federal ones.

$15.10/hrMinimum Wage

1.5x after 40 hoursOvertime

30 min after 6 consecutive hoursMeal Breaks

Not required separatelyRest Breaks

Earned Paid Leave, 40 hrs/yr (more than 10 employees)Paid Sick Leave

Next regular paydayFinal Paycheck

Minimum Wage in Maine

Maine's minimum wage is $15.10 per hour as of January 1, 2026, up from $14.65, under the annual cost-of-living adjustment in 26 M.R.S. 664. The MDOL announcement also set the 2026 tipped service employee direct wage at $7.55 per hour (half the minimum) and the state exempt salary threshold at $871.16 per week, or $45,300.32 a year. Portland and Rockland set higher city rates, and the state announces the next adjustment each autumn for January 1.

See the full Maine minimum wage guide for the indexing formula, the Portland and Rockland rates, and the tipped rules. The minimum wage by state table shows Maine among the $15 states.

Overtime Rules

Maine requires 1.5 times the regular rate for hours over 40 in a workweek (26 M.R.S. 664(3)). There is no daily overtime. The important difference from federal law is the salary test: to be exempt from Maine overtime, an executive, administrative, or professional employee must earn at least 3,000 times the state minimum wage annually, which the MDOL set at $871.16 per week for 2026, far above the federal $684. A salaried supervisor earning $800 a week is exempt federally but not in Maine.

Maine also caps mandatory overtime: under 26 M.R.S. 603, most employers may not require an employee to work more than 80 hours of overtime in any consecutive two-week period, with exceptions for emergencies and certain industries.

At the state minimum, a 45-hour week pays $604.00 for the first 40 hours plus $113.25 for 5 overtime hours at $22.65, a total of $717.25. The overtime calculator handles other rates, and the guide to overtime pay laws by state explains the federal baseline.

Meal and Rest Breaks

Under 26 M.R.S. 601, an employee who works six or more consecutive hours must be offered a 30-consecutive-minute break, which may be unpaid if the employee is free to leave the workplace. The MDOL minors guide states the same rule for all employees: "Employees must be offered a 30-consecutive minute break for every six hours worked." The requirement does not apply where fewer than three employees are on duty and the nature of the work lets employees take frequent breaks, and a collective bargaining agreement may set different terms.

Break	Maine rule
Meal or rest break	30 consecutive minutes after 6 consecutive hours of work
Paid or unpaid	Unpaid if the employee is completely relieved of duty; paid if the employee must stay on site and available
Exceptions	Fewer than 3 employees on duty where work allows frequent breaks; collective bargaining agreements; emergencies
Rest breaks	No separate requirement; federal rule pays short breaks when offered
Lactation	Adequate unpaid or paid break time and a clean, private space for up to three years after birth (26 M.R.S. 604)

The statute uses "break" rather than "meal," so the 30 minutes satisfies both purposes. Compare the states in our guide to rest and meal break laws by state, and use the break time calculator to see how the break changes paid hours.

Paid Sick Leave and Other Leave

Maine's Earned Paid Leave law (26 M.R.S. 637) applies to employers with more than 10 employees in Maine for more than 120 days in a calendar year. Employees accrue one hour of leave for every 40 hours worked, up to 40 hours a year, and may use it for any reason. Employers may require up to four weeks' notice for non-emergency use and may impose a 120-day waiting period for new hires. Accrued, unused leave carries over, though the employer may cap use at 40 hours a year. Seasonal employees in industries designated by the Unemployment Insurance Commission are excluded.

Leave type	Maine rule
Earned Paid Leave	More than 10 employees; 1 hour per 40 worked; 40 hours a year; any reason; 120-day wait allowed; carryover required
Paid family and medical leave	Maine's Paid Family and Medical Leave program began payroll contributions on January 1, 2025, with benefits starting May 1, 2026, for up to 12 weeks; confirm current benefit rules with the MDOL
Family Medical Leave (state)	Up to 10 weeks of unpaid leave in two years for employers with 15 or more employees at one site (26 M.R.S. 843 to 849)
Jury duty	Job protected; no pay requirement (14 M.R.S. 1218)
Voting	No statute requiring time off
Military leave	Federal USERRA and state protections
Domestic violence leave	Reasonable and necessary leave with job protection (26 M.R.S. 850)

The new paid family and medical leave program is the biggest change for Maine employers in years; the MDOL publishes contribution rates and benefit rules on its PFML site. Our guides to paid sick leave laws by state and jury duty laws cover the comparisons.

PTO Payout and Final Paychecks

Under 26 M.R.S. 626, an employee who leaves employment must be paid in full no later than the next regular payday after the last day of work, or within two weeks of a demand, whichever is earlier. Since January 1, 2023, the same section requires employers with 11 or more employees to pay all unused paid vacation accrued under the employer's vacation policy on cessation of employment, regardless of what the policy says, unless a collective bargaining agreement addresses the question. Employers with 10 or fewer employees and public employers are exempt. Violations carry liquidated damages of twice the unpaid amount plus attorney fees.

Earned Paid Leave is treated differently: the MDOL's guidance does not require payout of unused Earned Paid Leave, and an employer that let an employee use leave before accruing it may deduct the unaccrued amount from the final check. The PTO payout laws by state guide lists Maine as a required-payout state for vacation.

Pay frequency: 26 M.R.S. 621-A requires payment at regular intervals not exceeding 16 days, and each payment must cover all wages earned up to 8 days before payday.

Exempt vs Non-Exempt Employees

Maine's exemption test is the federal duties test plus the higher state salary level: $871.16 per week in 2026, adjusted each January with the minimum wage. An employee must meet both the federal $684 test and the Maine level to be exempt from Maine overtime, so the Maine figure controls. Non-exempt salaried employees still earn overtime, and misclassification is one of the most common findings in MDOL audits. See exempt vs non-exempt employees and the FLSA exemption flowchart.

Child Labor Rules

Maine's rules for minors (26 M.R.S. 771 to 775) are stricter than federal law and cover 16 and 17 year olds who are still in school. Minors under 16 need a work permit approved by the MDOL before starting, and a new permit for each employer. The MDOL minors guide: "The minor cannot work until the Department of Labor approves the permit."

Age group	School in session	School not in session	Hours of the day
14 and 15	3 hours a day (including Fridays), 18 hours a week	8 hours a day, 40 hours a week	7 a.m. to 7 p.m.; 9 p.m. in summer; no more than 6 days in a row
16 and 17 enrolled in school	6 hours on a school day, 24 hours a week in weeks with 3 or more school days	10 hours a day, 50 hours a week in weeks with fewer than 3 school days	After 7 a.m. on a school day, until 10:15 p.m. before a school day; no more than 6 days in a row
16 and 17 not enrolled	No state hour limits	Same	Hazardous occupations prohibited

Every minor gets the same 30-minute break after six hours as adults. The federal child labor laws guide covers the hazardous occupation list.

Other Maine Employment Rules

Local minimum wages. Portland and Rockland set city rates above the state minimum; employers pay the highest applicable rate for work performed in those cities.
Mandatory overtime cap. No more than 80 hours of overtime in a consecutive two-week period for most employers (26 M.R.S. 603).
Non-compete agreements. 26 M.R.S. 599-A bans non-competes for employees earning at or below 400 percent of the federal poverty level, requires three days' notice before signing, and delays enforceability until one year of employment or six months after signing, whichever is later; the Legislature has debated a broader ban.
Pay transparency. Employers may not ask about salary history before an offer (26 M.R.S. 628-A); no statewide job-posting requirement as of September 2026.
Cannabis. Maine prohibits discrimination against employees for off-duty cannabis use under certain conditions; confirm testing policies with counsel.
Severance pay. Employers with 100 or more employees that close or relocate a facility owe severance of one week per year of service (26 M.R.S. 625-B).

Hiring, Termination, and Record-Keeping

Maine is an at-will state. The Maine Human Rights Act applies to all employers regardless of size and prohibits discrimination based on race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, age, ancestry, national origin, and familial status, among others, enforced by the Maine Human Rights Commission. Employers must post the MDOL minimum wage, Earned Paid Leave, PFML, and child labor notices with the federal set.

Under 26 M.R.S. 622, employers must keep daily and weekly time records and wage records for at least three years, and the MDOL may inspect them. The 30-minute break rule, the 16-day pay cycle, and the one-hour-per-40 Earned Paid Leave accrual all depend on accurate daily hours. A written timekeeping policy and a time card calculator or automatic time tracking keep the records ready for an audit.

Frequently Asked Questions

What is the minimum wage in Maine in 2026? $15.10 per hour, effective January 1, 2026. The tipped direct wage is $7.55, and Portland and Rockland pay more.

What is the exempt salary threshold in Maine? $871.16 per week ($45,300.32 a year) in 2026. Employees paid less must receive overtime even if their duties are exempt.

Are breaks required in Maine? Yes. Employees must be offered a 30-consecutive-minute break after six consecutive hours of work, unpaid if they are free to leave.

Does Maine require paid sick leave? Yes, in the form of Earned Paid Leave: employers with more than 10 employees provide one hour per 40 hours worked, up to 40 hours a year, usable for any reason.

Is vacation paid out when you leave a job in Maine? Yes, for employers with 11 or more employees. All accrued, unused vacation must be paid on the next regular payday after employment ends.

How often must Maine employers pay? At least every 16 days, covering all wages earned up to eight days before payday.

How many hours can a 16-year-old work in Maine during the school year? Six hours on a school day and 24 hours in a week with three or more school days, ending by 10:15 p.m. before a school day.

Does Maine have paid family leave? Yes. The state Paid Family and Medical Leave program began collecting contributions in 2025 and pays benefits starting in 2026; confirm the current rules with the MDOL.

Sources

Reviewed September 2026

The Maine Legislature's statute server did not respond to automated requests in September 2026, so the break, pay frequency, and vacation payout rules above are drawn from the MDOL's own pages and the statutes as reproduced by legal publishers. The paid family and medical leave benefit rules, the non-compete thresholds, and the severance pay statute carry conditions that this summary does not fully capture; confirm with the MDOL or counsel before applying them.

Track Earned Paid Leave and Breaks in Maine

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