Maine Revised Statutes

Me. Rev. Stat. tit. 39-A, § 407 (2026)

Misclassification of employees

✓ current as of May 2026

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An employer with a currently approved workers' compensation policy or a currently accepted self-insurance workers' compensation policy that has misclassified one or more employees has failed to secure payment of compensation within the meaning of section 324, subsection 3 and is subject to the penalties prescribed by that section. [PL 2015, c. 469, §7 (AMD).]

SECTION HISTORY

PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2015, c. 469, §7 (AMD). RR 2017, c. 1, §35 (COR).

Notes of Decisions

Cited in 3 cases, 2015–2016 · leading case: Est. of Dennis R. Kay v. Est. of Douglas J. Wiggins, 2016 ME 108 (Me. 2016).

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Est. of Dennis R. Kay v. Est. of Douglas J. Wiggins, 2016 ME 108 (Me. 2016). “” 39-A M.R.S. § 407 (2015). If an employer is exempt from civil actions due to compliance with the Workers’ Compensation Act, an employee’s- only remedy is to pursue a claim for workers’ compensation benefits.”

Workers' Comp. Bd. Abuse Investigation Unit v. Nate Holyoke Builders, Inc., 2015 ME 99 (Me. 2015). · cites it 2× “” Title 39-A M.R.S. § 407 likewise provides that “[a]n employer with a currently approved workers’ compensation policy .”

Henderson v. Est. of Douglas J. Wiggins (Me. Super. Ct 2015). “In addition, 39-A M.R.S.A. § 407 does not intimate that a satisfactory workers' compensation policy must contain any particular terms.”

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