Update Applicable to:	Effective Date
All Employers in Maine	Expected: July 14, 2026

What happened?

On January 11, 2026, Public Law Chapter 524 was enacted without the Governor’s signature. The law sets new limits on how employers may monitor employees through electronic systems and introduces mandatory notice requirements. It is expected to take effect on July 14, 2026 (90 days after the Legislature’s adjournment on April 15, 2026).

Overview

What the law regulates: The law regulates electronic surveillance of employees, which includes monitoring through computers, mobile devices, communication systems, and other electronic or optical technologies.

What is excluded

• Security or safety cameras used for legitimate security or workplace safety purposes.
• Location or safety-monitoring devices installed on employer-owned vehicles operated by employees.

Restrictions

• No monitoring without advance notice: Employers may not conduct covered electronic monitoring unless employees receive notice before monitoring begins.

• Limits on monitoring in personal spaces: Employers may not use audio or video monitoring in an employee’s home, personal vehicle, or on the employee’s property unless the monitoring is required for the employee’s job duties.

• Personal device protection: Employees may refuse to install monitoring or data‑collection applications on their personal devices.

Notice requirements

• Applicants: Employers using electronic surveillance must inform job candidates during the interview stage.

• Employees: Employers must give current employees written notice at least once per calendar year confirming that electronic monitoring is used.

Who is covered

• Employers: Applies to all private and public employers in Maine (including the state and political subdivisions).

• Employees: The definition of “employee” is broad and includes individuals who provide services or labor in exchange for wages or other compensation.

Exception – personal care services settings: This section does not apply to surveillance devices installed by an employer, patient, client, or unpaid caregiver in settings where personal care services are expected (for example, daily living assistance, support with mobility, or medication reminders).

Enforcement and penalties

• Enforced by the Maine Department of Labor; violations carry fines of $100 to $500 per violation.

• The Department of Labor may issue implementing rules.

• The law does not restrict employers from complying with other state or federal security, safety, or data-handling requirements.

Why this matters

• Operational impact: Employers using productivity tools, GPS, device monitoring, or remote‑work oversight tools may need to adjust how they monitor employees—especially for remote, hybrid, or field employees.

• Hiring impact: HR and hiring managers working for an employer who is using surveillance shall inform a prospective employee during the interview process that the employer engages in employer surveillance .

• Employee relations considerations: Employees can refuse monitoring apps on personal devices, which affects bring-your-own-device arrangements and device management practices.

Action Steps for Compliance

1) Inventory monitoring activities: The employer should list all tools and processes used to electronically monitor employees and confirm which activities are covered by the law versus excluded (for example, security/safety cameras and vehicle safety or location systems on employer-owned vehicles).

2) Update policies and practices: The employer should update handbooks and technology/privacy policies, so they clearly describe what is monitored and ensure the descriptions match the law’s limits, especially for audiovisual monitoring in personal spaces.

3) Establish required notices: The employer should create and implement notice procedures that include:

• A process to notify employees before monitoring begins.
• An interview-stage disclosure for job applicants.
• An annual written notice schedule for current employees confirming that monitoring occurs.

4) Rework personal device rules: Employers should plan for situations where employees decline to install monitoring or data-collection applications on their personal devices, as allowed under Maine law. When monitoring is required for job duties, employers should evaluate alternatives, such as providing company‑issued devices or shifting those tasks to systems the employer controls.

5) Train and document: The employer should train Human Resources and information technology teams on what monitoring is allowed, what is restricted, and how to deliver required notices. Employers should also maintain documentation showing when and how each notice was delivered.

Source References

• Maine LD 61 – An Act to Regulate Employer Surveillance to Protect Workers

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