Maine has enacted LD 1587 (HP 1045), titled An Act to Clarify the Bureau of Labor Standards’ Investigatory and Enforcement Procedures, significantly expanding the authority of the Director of the Bureau of Labor Standards (BLS) to investigate, penalize, and collect for violations of chapters 7 and 15 of Title 26—which include wage payment, minimum wage, overtime, and related labor standards. The law creates a new comprehensive enforcement framework codified at 26 MRSA § 54, formalizing investigatory powers that mirror those traditionally reserved for courts and other enforcement agencies. The law is effective on July 14, 2026.
Under the new statute, the BLS director now has explicit authority to examine employer books, records, papers, and memoranda; issue subpoenas; compel testimony; administer oaths; and require production of legally required records when investigating suspected violations. If a violation is found, the director may issue a notice of violation and order payment of wages, liquidated damages, interest, penalties, or corrective action consistent with existing enforcement provisions in chapters 7 or 15. Once all administrative and judicial appeal rights are exhausted, employers must pay any ordered monetary remedies within 30 calendar days and must certify payment of wages, damages, or interest within 7 calendar days, under penalty of perjury. Failure to pay or to correct an ongoing violation may result in additional civil penalties of up to $1,000 per day.
Perhaps most significant, the law grants the director new levy authority to collect unpaid wages, damages, interest, or penalties. If an employer fails to pay amounts due, the director may issue a notice of levy to third parties (including banks or other entities holding non‑exempt property or debts of the employer) requiring assets to be frozen and applied toward the debt. Third parties that comply with a levy are shielded from liability to the employer, while those that improperly transfer or dispose of property subject to a levy may themselves be held liable for the amount of the employer’s indebtedness. In addition, the law introduces robust transparency requirements, requiring that notices of violation be prominently posted in the workplace and provided to all employees who worked during the violation period, using reasonable communication methods such as mail, email, or text message in the employer’s customary language of communication.