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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1045 - L.D. 1587
An Act to Clarify the Bureau of Labor Standards' Investigatory and
Enforcement Procedures
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §54 is enacted to read:
§54. Investigation; penalties
1. Investigation. Whenever the director believes a person or employer has violated
any provision of chapter 7 or 15, the director may conduct an investigation. During the
investigation of a person or employer, the director may:
A. Examine or cause to be examined for that purpose any books, records, papers and
memoranda of any person or employer of whatever nature relevant to the alleged
violation;
B. Issue a subpoena pursuant to subsection 2 or otherwise require the attendance of
the person or employer, or of any other person having knowledge of the subject of the
investigation, take testimony, administer oaths or take acknowledgement in respect of
any book, record, paper or memorandum and may require proof material for that
person's or employer's information. Such testimony, administration of oaths or
acknowledgement of any book, record, paper or memorandum must be taken in the
county where the person or employer resides or has a place of business, or in Kennebec
County if the person or employer is a nonresident or has no place of business within
the State; and
C. Require production of any record required by law to be kept by the person or
employer pursuant to any provision of chapter 7 or 15.
2. Issuance of subpoenas. Subpoenas issued for the purposes of conducting an
investigation pursuant to subsection 1 must be issued pursuant to Title 5, section 9060.
Service of any notice or subpoena may be made by:
A. Delivering a duly executed copy of the subpoena to the person or employer to be
served or to a partner or to any officer or agent authorized by appointment or by law to
receive service of process on behalf of that person or employer;
APPROVED
MARCH 19, 2026
BY GOVERNOR
CHAPTER
568
PUBLIC LAW
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B. Delivering a duly executed copy of the subpoena to the principal place of business
in this State of the person or employer to be served; or
C. Mailing by registered or certified mail a duly executed copy of the subpoena
addressed to the person or employer to be served at the principal place of business in
this State of the person or employer to be served or, if that person or employer does not
have a place of business in this State, to the person's or employer's principal office or
place of business or publicly identified service address.
3. Penalties for violations. If the director determines a person or employer has
violated any provision of chapter 7 or 15, the director may issue a notice of violation and:
A. Order the payment of penalties and other remedies consistent with section 53 and
any other penalty or enforcement provision in chapter 7 or 15. Once a penalty or other
ordered remedy is final and all administrative and legal appeal rights have been
exhausted, the person or employer subject to the penalty or ordered remedy pursuant
to this subsection shall make payment within 30 calendar days. Failure to make a timely
payment is subject to an additional civil penalty of not more than $1,000 for each day
that the person or employer fails to make payment; or
B. Order the correction of ongoing violations. Any person or employer who fails to
correct a violation for which a notice of violation has been issued within the permitted
period for its correction is subject to an additional civil penalty of not more than $1,000
for each day during which the violation is not corrected. The permitted period for
correction may not begin to run until the date on which all administrative and legal
appeal rights have been exhausted in the case of any appeal proceeding initiated by the
person or employer in good faith and not solely for delay or avoidance of penalties.
A person or employer who is ordered to pay wages, liquidated damages or interest to an
employee pursuant to this subsection or the provisions of chapter 7 or 15 shall certify that
payment was made within 7 calendar days from the date on which all administrative and
legal appeal rights have been exhausted in the case of any appeal proceeding initiated by
the person or employer in good faith and not solely for delay or avoidance of penalties.
Such certification must demonstrate to the satisfaction of the director that payment was
made to any employee's last known address or attest to the same under penalty of perjury.
4. Failure to pay; notice of levy. If a person or employer fails to pay any part of the
wages, liquidated damages, interest or penalties due to an employee under this section or
chapter 7 or 15, the director may notify by mail a 3rd party who has possession or control
of property in which the delinquent person or employer may have an interest or who may
owe a debt to the delinquent person or employer, other than earnings.
A. A notice of levy under this subsection may be given any time after the amount due
under this section becomes delinquent. The notice of levy must state the aggregate
amount of contributions, penalties, interest or other amounts due and any additional
amount that will accrue by operation of law in a period not to exceed the computation
ending date of the month in which the notice of levy is given and, in the case of a credit,
bank or savings account or deposit, the notice of levy is effective only up to that
amount.
B. The delinquent person's or employer's property subject to levy includes:
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(1) A credit, bank or savings account or deposit that is subject to execution pursuant
to Title 14, section 4751; or
(2) Any other interest or personal property that is not exempt from attachment or
execution pursuant to Title 14, chapter 507, subchapter 2, article 7.
C. A notice of levy is effective:
(1) At the time of delivery against all property, rights to property, credits and debts
involving the delinquent person or employer that are not, as of the date of the
notice, subject to a preexisting lien, attachment, garnishment or execution issued
through a judicial process; and
(2) Against all property, rights to property, credits and debts involving the
delinquent person or employer that come into the possession or control of the
person or employer served with the notice.
D. A notice of levy sent under this subsection that attempts to prohibit the transfer or
disposition of any property possessed or controlled by a bank is effective if it is mailed
to the principal or any branch office of the bank, including any office of the bank at
which the deposit is carried or the credit or property is held.
E. A person who has received a notice of levy under this subsection and who acts in
accordance with the terms of the notice of levy issued by the director is discharged
from any obligation or liability to the delinquent person or employer with respect to
the affected property, rights to property, credits and debts of the person affected by
compliance with the notice of levy.
F. A person who has received a notice of levy under this subsection and who transfers
or disposes of any property or debt in a manner that violates this section is liable to the
director for the amount of the indebtedness of the delinquent person or employer with
respect to whose obligation or liability the notice was given to the extent of the value
of that property or debt.
5. Workplace posting. A copy or copies of any notice of violation issued under this
section or chapter 7 or 15 must be prominently posted in a conspicuous location in the
workplace that is accessible to employees. If no such location exists, a copy or copies of
the notice of violation must be delivered to each employee in a reasonable manner.
6. Employee notification. If a notice of violation issued under this section or chapter
7 or 15 covers a defined time period, notice of violation must be provided to all employees
employed during that time period. Mail, e-mail and text messages constitute reasonable
manners in which to notify employees, as long as the mail, e-mail or text message is in the
same language in which the employer typically communicates to the employees receiving
the notice of violation.