A Maine employment contract lays out the terms of employment. From the job responsibilities and any confidentiality clause to the salary the employee will receive and the hours they will work, an employment contract sets out what is expected of both the employer and the employee.
To be valid in Maine, a contract must consist of a mutual assent of the parties, either expressly or impliedly manifested in the agreement, to be bound by all its material terms [1] .
- Laws: Maine Revised Statutes Title 26.
- Definition of Employee: § 591: “Every person who may be permitted, required or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment.”
By Type (4)
Independent Contractor Agreement
Establishes the client-contractor relationship and defines the services to be performed.
Subcontractor Agreement
Defines the relationship between a contractor and a subcontractor.
Employee Non-Compete Agreement
Prevents confidential information from being shared with a competitor by current and former employees.
Employee Non-Disclosure Agreement
Preserves confidentiality across undisclosed matters, safeguarding sensitive details.
Hiring in Maine
Before you write your Maine employment contract, you need to be aware of several state laws and requirements.
At-Will Employment
Maine is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: No
- Implied-Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
Basic Minimum Rate (per hour): $13.80 [2] .
Premium Pay After Designated Hours: Weekly – 40.
The minimum wage in Maine is adjusted annually based on a set formula.
Child Labor
Employment certificates are required in Maine for minors under 16 [3] and are issued by the Maine Department of Labor.
Age certification is not required for minors who wish to work in Maine.
Payday
Employers are required to pay employees semi-monthly, and must be paid at regular intervals that do not exceed 16 days.
Meal and Rest Breaks
Maine does not require minimum paid breaks; however, meal periods are required. After six consecutive hours of work, employees must receive a 30-minute meal break, except in cases of emergency.
Recordkeeping Requirements
Employers in Maine must keep employee records on dates and amounts paid for three years [4] and for:
- Discrimination
- Safety & health/workers’ compensation
- Child labor
- Employee access to records
- Sexual harassment training
- Unemployment insurance (4 years)
Sample
Download a Maine employment contract template below to get started with hiring employees.
