Effective January 11, 2026, a new law in Maine (L.D. 61, Chapter 524) places significant restrictions on how employers can monitor employees electronically. Enacted without the Governor’s signature, the “Act to Regulate Employer Surveillance to Protect Workers” introduces strict notice requirements and limits the use of surveillance technology on personal devices and in private spaces.
The following overview outlines the key provisions of tthe law and what they mean for Maine employers.
Defining “Employer Surveillance”
Under the new law, “employer surveillance” is defined as monitoring an employee through the use of an electronic device or system. This includes, but is not limited to:
- Computers
- Telephones
- Wire or radio systems
- Electromagnetic, photoelectronic, or photo-optical systems
Key Exclusions. The law explicitly excludes the use of surveillance cameras for security or safety purposes. It also excludes the use of Global Positioning System (GPS) tracking or other safety devices on company-owned vehicles operated by employees.
Notice Requirements
One of the most significant compliance shifts involves mandatory notification. Employers are prohibited from using surveillance unless they notify the employee before the surveillance begins.
Additionally, the law establishes specific protocols for both applicants and current staff:
- Prospective Employees. Employers must inform prospective employees during the employment interview process if they engage in employer surveillance.
- Current Employees. Employers must provide written notice to all current employees annually stating that the employer engages in surveillance.
Restrictions on Audiovisual Monitoring and Personal Devices
The legislation introduces privacy protections regarding where monitoring can occur and on which devices:
- Private Spaces. Employers may not use audiovisual monitoring in an employee’s residence, personal vehicle, or on the employee’s property unless strictly required for the duties of the job.
- Personal Devices. Employees have the statutory right to decline an employer’s request to install data collection or transmission applications on their personal electronic devices for surveillance purposes.
Exceptions and Penalties
- Personal Care Services. The section does not apply to surveillance installed in settings where personal care services (such as activities of daily living or medication reminders) are provided.
- Enforcement. The Maine Department of Labor is tasked with enforcing this section. Violations may result in fines ranging from $100 to $500 per violation.
Next Steps for Employers
With this law now in effect as of January 2026, Maine employers should take immediate action to ensure compliance:
- Audit Current Monitoring Practices: Review all electronic monitoring tools to determine if they fall under the definition of “employer surveillance” or if they qualify for the security/safety exclusions.
- Update Interview Protocols: Revise hiring checklists and train recruiters and hiring managers to verbally inform candidates of surveillance practices during interviews.
- Draft and Distribute Annual Notices: Prepare a standard written notice regarding surveillance practices and establish a schedule to distribute this to all employees annually.
- Review BYOD Policies: If your organization relies on “Bring Your Own Device” (BYOD) policies, ensure you are not mandating the installation of surveillance apps on personal phones or laptops, as employees now have the right to decline.
- Assess Remote Work Monitoring: Ensure that any monitoring of remote workers complies with the restrictions on audiovisual recording in private residences.
