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Summary of differences between federal and state regulations
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Equal Pay Act. 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 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.
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 are not within this prohibition.
Maine law also includes a provision regarding sex discrimination wage claims by clarifying that employers may not prohibit employees from disclosing the employee’s own wages or from inquiring about another employee’s wages if the purpose of the disclosure or inquiry is to enforce the “equal pay for equal work” provisions of law. However, this rule does not create any obligation to disclose wages.
Equal Pay Law expanded L.D. 1703, signed into law by Gov. Janet Mills on June 22, 2023 expanded the Maine Equal Pay Law to add that 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 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.
In April 2019, the governor signed legislation to promote pay equality by discouraging employers from basing wages on an employee’s salary history. “An Act Regarding Pay Equality” prohibits an employer from asking about a prospective employee’s prior wage or salary information until after an offer of employment has been made. Exceptions are included for federal and state law that require the disclosure of compensation history for specific employment purposes.
Recordkeeping
Every employer must keep a true record showing the date and amount paid to each employee. Every employer must keep a daily record of the time worked by each employee unless the employee is paid a salary that is fixed without regard for the number of hours worked.
State
Contact
Regulations
Title 26, Chapter 7, Subchapter 2, §628. Equal pay
http://www.mainelegislature.org/legis/statutes/26/title26sec628.html
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act