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26 §591-A. Employee misclassification

§591-A. Employee misclassification An employer that intentionally or knowingly misclassifies an employee as an independent contractor commits a civil violation for which a fine of not less than $2,000 and not more than $10,000 per violation may be adjudged.   [PL 2011, c. 643, §5 (NEW); PL 2011, c. 643, §14 (AFF).] A determination of […]

26 §591. Examination; definitions

§591. Examination; definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings:   [PL 1985, c. 112, §1 (AMD).] 1.  Employee.  “Employee” means every person who may be permitted, required or directed by any employer in consideration of direct or indirect gain or profit, to engage in […]

26 §592. Charge by employer prohibited

§592. Charge by employer prohibited No employer may require any employee or accepted applicant for employment to bear the medical expense of an examination when that examination is ordered or required by the employer. No employer may require any employee or accepted applicant for employment to bear the expense of an eye examination ordered or […]

26 §593. Textile piecework

§593. Textile piecework 1.  Posting of specifications.  The occupiers or managers of every textile factory shall post in every room where employees work by piece rate, in legible writing or printing, and in sufficient numbers to be easily accessible to such employees, specifications of the character of each kind of work to be done by […]

26 §594. Charge by an employer for an application for employment

§594. Charge by an employer for an application for employment It is unlawful for an employer to assess a fee or charge a prospective employee in any fashion for requesting, submitting, filing or completing an application for employment with that employer. Any employer who violates this section shall be liable to a penalty of not […]

26 §595. Hiring of workers during a labor dispute

§595. Hiring of workers during a labor dispute 1.  Legislative findings.  The Legislature finds that:   A. The practice of receiving applicants for employment, conducting interviews of job applicants or performing medical examinations of job applicants at the worksite of an employer who is currently engaged in a labor dispute with his employees tends to […]

26 §596. Recall period

§596. Recall period An employee who is temporarily laid off by an employer for over 6 weeks and who is placed on a “recall” or “spare” list by that employer for the purpose of being recalled to work shall have 7 days from receiving notice of a recall to work in which to respond to […]

26 §597. Conditions of employment

§597. Conditions of employment An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of that employment or otherwise discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment […]

26 §598-A. Prospective employee’s social security number

§598-A. Prospective employee’s social security number Except as required by federal law, beginning January 1, 2020, an employer may not request a social security number from a prospective employee on an employment application or during the application process for employment except for the purposes of substance use testing under subchapter 3‑A or a preemployment background […]

26 §598. Employment reference immunity

§598. Employment reference immunity An employer who discloses information about a former employee’s job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences. Clear […]

26 §599-A. Noncompete agreements

§599-A. Noncompete agreements 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Federal poverty level” means the nonfarm income official poverty line for an individual, as defined by the federal Office of Management and Budget and revised annually in accordance with the Omnibus […]

26 §599-B. Restrictive employment agreements

§599-B. Restrictive employment agreements 1.  Definition.  For purposes of this section, “restrictive employment agreement” means an agreement that:   A. Is between 2 or more employers, including through a franchise agreement or a contractor and subcontractor agreement; and   [PL 2019, c. 513, §1 (NEW).] B. Prohibits or restricts one employer from soliciting or hiring […]

26 §599-C. Nondisclosure agreements

§599-C. Nondisclosure agreements 1.  Employer defined.  As used in this section, unless the context otherwise indicates, “employer” has the same meaning as in section 615, subsection 3.   [PL 2021, c. 760, §1 (NEW).] 2.  Certain preemployment and employment agreements prohibited.  An employer may not require an employee, intern or applicant for employment to enter […]

26 §599. Broadcasting industry contract

§599. Broadcasting industry contract 1.  Definition.  As used in this section, unless the context otherwise indicates, “broadcasting industry contract” means an employment contract between a person and a legal entity that owns one or more television stations or networks or one or more radio stations or networks.   [PL 2003, c. 225, §1 (AMD).] 2.  […]

26 §600-A. Criminal history record information; employment application

§600-A. Criminal history record information; employment application 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Criminal history record information” has the same meaning as in Title 16, section 703, subsection 3.   [PL 2021, c. 404, §1 (NEW).] B. “Employer” means a […]

26 §600. Concealed firearms in vehicles

§600. Concealed firearms in vehicles 1.  Firearms in vehicles.  An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee’s vehicle as long as the vehicle is locked and the firearm […]