Maine has enacted new workplace electronic surveillance requirements through Legislative Document 61, with enforcement beginning ninety days after the adjournment of the current legislative session. The statutory adjournment date is April 15, 2026, which would make the requirements effective on July 14, 2026.
Pursuant to the new law, employers are required to provide advance notice before conducting surveillance and are subject to restrictions on specific monitoring practices. Audiovisual monitoring in an employee’s residence, personal vehicle, or personal property is prohibited unless such monitoring is required for the employee’s job duties. In addition, employees cannot be required to install tracking or data collection software on their personal electronic devices and may lawfully decline such requests. A narrow exception applies in certain personal care settings involving patients, clients, or unpaid caregivers.
The requirements apply to all employers operating in the state, regardless of size or sector, and cover both employees and contract workers. The framework limits how electronic monitoring may be used and introduces disclosure obligations tied to the use of surveillance technologies across the employment relationship.
Under the new requirements, electronic surveillance is broadly defined to include the monitoring of workers through devices or systems such as computers, telephones, and other digital, optical, or electromagnetic technologies. Practices covered by this definition include productivity monitoring tools, remote attendance systems, and mobile device tracking. Monitoring conducted through security cameras used for safety or security purposes, as well as location or safety devices installed in employer owned vehicles, falls outside the scope of these rules.
Disclosure obligations apply at multiple stages of employment. Job applicants must be informed during the interview process when surveillance is used, and employees must be notified both when monitoring tools are in place and through written notice provided at least once per calendar year. Compliance will be overseen by the Maine Department of Labor once enforcement begins, and violations may result in fines ranging from 100 to 500 dollars per violation.