Maine Revised Statutes

Me. Rev. Stat. tit. 26, § 628 (2026)

Equal pay

✓ current as of May 2026
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This section may be known and cited as "the Maine Equal Pay Law."   [PL 2023, c. 266, §1 (NEW).]
An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. An employer may not discriminate between employees in the same establishment on the basis of race by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of another race for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. Differentials that are paid pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of sex or race are not within the prohibitions in this section. An employer may not discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this section. An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about or disclosing another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Nothing in this section creates an obligation to disclose wages.   [PL 2023, c. 266, §1 (AMD).]
The Department of Labor shall annually report to the joint standing committee of the Legislature having jurisdiction over labor matters on progress made in the State to comply with this section. The report must be issued annually on Equal Pay Day as designated pursuant to Title 1, section 145.   [PL 2003, c. 688, Pt. B, §7 (AMD).]
SECTION HISTORY
PL 1965, c. 150 (AMD). PL 1983, c. 652, §4 (AMD). PL 2001, c. 304, §2 (AMD). PL 2003, c. 688, §B7 (AMD). PL 2009, c. 29, §1 (AMD). PL 2019, c. 35, §3 (AMD). PL 2023, c. 266, §1 (AMD).
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1989–2024 · leading case: Mundell v. Acadia Hosp. Corp., 92 F.4th 1 (1st Cir. 2024).
Mundell v. Acadia Hosp. Corp., 92 F.4th 1 (1st Cir. 2024). · cites it 2× “3 Acadia requests that we certify the following question involving constructions of the MEPL and 26 M.R.S. § 628: Where an employer pays an employee at a rate less than another employee of the opposite sex who performs comparable work on a job with comparable requirements as to…”
Jancey v. Sch. Comm., 421 Mass. 482 (Mass. 1995). “§ 206 (d) (1) (“equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions”), and Me. Rev. Stat. Ann. tit. 26, § 628 (1988) (“comparable work on jobs which have comparable requirements…”
Daniel Beckwith v. United Parcel Serv., Inc., Daniel Beckwith v. United Parcel Serv., Inc., 889 F.2d 344 (1st Cir. 1989). “For example, an *351 employer who violates the equal pay requirements in 26 M.R.S.A. § 628 could be required to pay the affected employees liquidated damages and attorney’s fees as provided by § 626-A.”
Mundell v. Acadia Hosp. Corp (D. Me. 2022). · cites it 7× “28) a Motion for Certification of Question of State Law to the Law Court (ECF No.”
Kehoe v. Thornton Academy (Me. Super. Ct 2017). “Following the remand, Plaintiff filed a second amended complaint on January 27, 2017 essentially re-asserting a violation of 26 M.R.S.A. § 628 (count I) and adding a new 1 count, violation of 26 M.”
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