Maine Minimum Wage 2026

Employees Covered by Maine Minimum Wage

Maine minimum wage law covers all agriculture and non-agriculture businesses operating in the state with one employee or more, including all public and private employers regardless of profit status or size. Unless specifically exempted under Title 26 § 663, covered employees include:

• Private sector workers: Full-time and part-time employees of private businesses
• Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for executive, administrative, or professional exemptions
• Hourly employees: Workers compensated on an hourly basis across all industries
• Temporary and seasonal workers: Workers hired for limited durations or specific seasons
• Minor employees: Workers under age 18 (covered at the same rate as adult workers)
• Agricultural workers: Farm workers and employees engaged in agricultural activities (new coverage as of January 1, 2026)
• Public employees: State and local government workers, including municipal employees, with limited exceptions

Exemptions from Minimum Wage Requirements

The following categories of employees are exempt from Maine minimum wage requirements under Title 26 § 663:

Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties may be exempt if they meet both salary and duties tests. For 2026, the minimum salary threshold for exempt status is $871.16 per week ($45,300.32 annually). This threshold is tied to 3,000 times the state minimum wage or the annualized rate established by the U.S. Department of Labor under the Fair Labor Standards Act, whichever is higher.

Meeting the salary threshold alone does not guarantee exemption. The employee must also perform exempt duties as defined under federal regulations at 29 CFR Part 541. The duties tests examine whether the employee primarily performs executive, administrative, or professional work with sufficient discretion and independent judgment.

Outside Sales Employees
Employees whose primary duty is making sales or obtaining orders or contracts for services, and who are customarily and regularly engaged away from the employer’s place of business, are exempt from minimum wage requirements. The exemption applies regardless of salary level.

Agricultural Workers (Limited Historical Exemption)
Prior to January 1, 2026, agricultural workers were exempt from state minimum wage requirements under Title 26 § 663, subsection 3, paragraph A. This exemption was eliminated by legislation passed in June 2025. However, a limited exemption remains for individuals employed on farms with more than 300,000 laying birds, who are subject to special provisions.

Certain Commissioned Sales Employees
Employees of retail or service establishments who are paid primarily through commissions may be exempt if specific conditions are met, including that more than half their compensation represents commissions and their regular rate exceeds one and one-half times the minimum wage.

Certain Seasonal Recreation or Amusement Establishments
Employees of amusement or recreational establishments that operate for seven months or less per year may be exempt under certain conditions aligned with federal FLSA exemptions.

Learners and Apprentices
Registered apprentices working under approved apprenticeship programs recognized by the Maine Department of Labor may be paid wages below minimum wage according to the wage schedule in their sponsorship agreement.

Workers with Disabilities
Employers may obtain special certificates from the Maine Department of Labor allowing payment of subminimum wages to workers whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury. Such certificates must be renewed periodically and contain specific terms and conditions.

Certain Nonprofit Organization Employees
Employees of certain nonprofit organizations may be exempt under specific circumstances, though most nonprofit employees are covered by minimum wage requirements.

Seafood Processing Workers
Individuals employed in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, including processing, may be exempt from minimum wage under certain conditions.

Mariners
Individuals employed as mariners may be exempt from minimum wage requirements under Title 26 § 664, subsection 3, paragraph C.

Certain Public Employees
Public employees, except those employed by the executive or judicial branch of the State, are exempt from minimum wage requirements under state law but may be covered under other compensation systems.

Incarcerated Individuals
Sentenced prisoners in actual execution of a term of incarceration are generally exempt, with specific exceptions for certain work programs, community confinement programs, and registered apprenticeships.

Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, Maine applies strict tests to determine independent contractor status, and misclassification may result in penalties, back wages, and other remedies. The determination focuses on the level of control the employer exercises over the worker and the worker’s independence in performing services.

Verification of Exemption Status

Employers should verify exemption status carefully, as misclassification can result in significant liability. The Maine Department of Labor provides guidance on exemption criteria and can answer specific questions about whether particular positions qualify for exemptions. Employers uncertain about exemption status should consult the Department or seek legal counsel before treating employees as exempt from minimum wage requirements.