Maine Pay Range Postings: Count, Post, Keep Records

A manager can approve a Maine job posting and still leave the company unable to answer: what range did you use, and why? The pay range rule works as a records-and-request system, not a slogan. The practical answer is to run it as an administrative control.

Count employees before the posting goes live

Maine's pay range posting requirement for employers with 10 or more employees takes effect on July 29, 2026. Maine's LD 54 does not say whether the threshold is measured by employees located in Maine or by the employer's total workforce. A conservative count and a short memo are the practical response. The memo does not need legal language.

For a remote employer, count the total workforce when it reaches the threshold. For a local employer, count the people who can be affected by a local posting. A close number should trigger the posting rule. The memo should record the count, the date, the method, and a sentence saying why that number was chosen. When the count changes, update the memo before the next posting.

Build a range you can explain from company files

Maine's LD 54 defines a position's pay range as the compensation range the employer anticipates using, such as a pay scale, prior range, equivalent-position range, or budgeted amount. The definition points to ordinary materials. A manager should be able to point to the source without reconstructing the decision from memory.

A defensible range usually comes from materials the company already uses. A narrow range needs a reason, and a wide range needs a driver. The posting does not need to explain the math, but the file should. A budget-set range anchors to the budget line. A prior-posting range anchors to the prior posting.

Commission-only roles are treated differently. For positions paid entirely on commission, Maine's LD 54 does not require a pay range, but the posting must say compensation is paid solely on commission. A role that can receive non-commission pay should not use that path. The same caution applies to hybrid pay. A posting that uses a commission label should match the pay structure.

Keep the file and answer range requests

The steps below run before a posting goes live and again when an employee asks for the range. Each item should take a quick pass when the file is organized.

• Count the workforce using a documented method, and treat the posting rule as applicable when the count is close to the threshold.
• Build a range the company can explain from its own files.
• Post the required range or the required notice for commission roles.
• Keep position and pay-history records while the person works and for three years after they leave.
• Disclose the pay range for the position a current employee holds when that employee asks, regardless of employer size.

The retention step hides because the job ad does not show it. The range file, the posting, and the employee's pay history should live in the same place. A separate folder for postings and a separate folder for payroll can create a gap. The folder should include the posting, the range source, the date the range was set, and the employee's position record. When a posting is updated, keep the older version. A range can change, but the file should show when it changed.

The employee request step covers the other non-posting duty. The answer should not depend on whether the role is advertised. Keep a standard response that names the position, the range, and the date the range was set. The response can be short. When an employee asks for more, the next step is a conversation, not a new posting.

Current fines run from $100 to $500 for each violation. The fine band argues for a boring process and a complete file.