Maine has enacted new legislation regulating employer surveillance of employees, establishing notice requirements, use limitations, and potential penalties for non-compliance. The law, L.D. 61, “An Act to Regulate Employer Surveillance to Protect Workers,” will take effect on July 29.
Scope of the law
The law broadly defines “employer surveillance” as the monitoring of employees through electronic devices or systems, including computers, telephones, and photo-optical technology.
Notably, the law does not apply to:
- Security or safety cameras; or
- GPS tracking of company-owned vehicles operated by employees
The law also contains a carve-out for “personal care services,” or services related to activities of daily living, household tasks and medication reminders. Specifically, the law does not apply to surveillance installed by an employer, patient, client, or unpaid caregiver in a setting where personal care services are expected to be provided by an employee.
Employer notice obligations
Employers engaging in surveillance must comply with several notice requirements:
- Provide notice to employees prior to implementing employer surveillance
- Notify job applicants during the interview process that employer surveillance is used
- Issue annual written notice to employees confirming the use of employer surveillance
Limitations on surveillance
The law places clear restrictions on the use of certain monitoring practices:
- Employers may not conduct audiovisual monitoring in an employee’s residence, personal vehicle, or personal property, unless such monitoring is required by the employee’s job duties
- Employees may decline employer requests to install data collection or monitoring applications on their personal devices
Enforcement and penalties
Violations may result in civil penalties ranging from $100 to $500 per violation. The Maine Department of Labor will enforce the law within existing resources using strategic enforcement. The Department also has authority to adopt rules to implement the law, and any such rules would be classified as routine technical rules.
Effective date
The law will take effect on Wednesday, July 29.
Recommended next steps
Employers should take steps now to prepare for compliance, including:
- Reviewing current employee monitoring practices and technologies
- Updating policies and employee handbooks
- Implementing compliant notice procedures for employees and applicants
- Evaluating any reliance on employee personal devices for business purposes
Anne-Marie L. Storey is a leading Labor and Employment attorney with more than two decades of experience who advises Maine employers on all aspects of workplace law, including compliance, risk management, employee relations, investigations, and litigation. She can be reached at [email protected].
Paige Eggleston is a dedicated labor and employment attorney who brings both public and private sector experience to her work. Known for her ability to cut through complexity, she delivers practical, people-centered solutions—whether advising on employee discipline, disability accommodations, leave matters, FLSA compliance, collective bargaining, or municipal labor issues. For more information, or if you have questions about compliance with this law, please contact Paige at [email protected].
Bernstein Shur’s Labor & Employment Group helps businesses of all sizes build compliant, productive workplaces through practical, real-world solutions. The group provides full-spectrum support on issues ranging from hiring and discipline to investigations, union relations, and employment litigation.