Unemployment - Maine

Summary of differences between federal and state regulations

Coverage

Workers are considered employees unless:

• The worker is free from control or direction in the performance of the work under the contract of service and in fact;
• The service is performed either outside the usual course of the business for which it is performed or is performed outside of all places of business of the enterprise for which it is performed; and
• The individual is customarily engaged in an independent trade, occupation, profession, or business.

Exclusions from the definition of employment include:

• Insurance agents on commission,
• Real estate agents on commission, and
• Part-time service for nonprofit organizations exempt from federal income tax. In Maine, this exclusion is limited to remuneration of less than $150 in any calendar quarter.

In Maine, agricultural labor performed by an alien in the harvesting of apples is excluded from agricultural coverage.

The following student employment is excluded from coverage:

• Student nurses and interns in employ of a hospital, and
• Students working for schools.

The state does not exclude from coverage service by the spouse of a student when the spouse is employed by the school, college, or university.

While nearly all states exclude students in work-study programs, Maine excludes only elementary or secondary school students.

State

Contact

Department of Labor

Regulations

Title 26, Chapter 13 Unemployment Compensation (http://www.mainelegislature.org/legis/statutes/26/title26ch13sec0.html)

Federal

Contact

U.S. Department of Labor, Employment and Training Administration

(https://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp)

Regulations

20 CFR chapter V

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