Employee Privacy: Maine

Federal law and guidance on this subject should be reviewed together with this section.

Author: Kai McGintee, Bernstein Shur Sawyer & Nelson

Summary

• Maine law recognizes the tort of invasion of privacy. See Invasion of Privacy.
• Drug and alcohol testing of employees or job applicants is strictly regulated by Maine law. See Substance Abuse Testing.
• Maine law permit the use of marijuana for recreational and medical purposes under certain circumstances. See Marijuana Use.
• Maine law strictly prohibits employers from requesting or requiring employees to undergo lie detector tests. See Lie Detector Tests.
• Maine law imposes restrictions on conducting background checks and medical screens of employees and job applicants. See Genetic Testing and Preemployment Screening and Examinations.
• Maine is a one-party consent state and therefore only requires one party to the conversation to have knowledge of and consent to the recording to be lawful. See Surveillance and Monitoring.
• Maine employers must maintain the privacy and security of employee personnel records and information. Maine employees have the right to review their own personnel records every calendar year. See Privacy and Security of Personnel Records and Information.