Maine Prevailing Wage Compliance Guide

Last Updated: September 2026

You won a state-funded job in Maine, or you are about to bid on one. Either way, you need to know what you owe your crew and what you have to file.

Maine has its own prevailing wage law. It is separate from the federal Davis-Bacon Act, and it applies to construction funded with state dollars. The statute refers to the required pay as "fair minimum wage and benefits," though most people working in the field call it prevailing wage.
A few things have changed recently, including how rates are calculated and how they are grouped geographically. Those updates are covered below.

This guide walks through which projects are covered, how to find the right rate for your job, what you submit and how often, and what happens when something goes wrong.

Not working in Maine? Check out our state-by-state guide to prevailing wage.

Does Maine Have a Prevailing Wage Law?

Yes. Maine's prevailing wage requirements are set out in Title 26, Chapter 15 of the Maine Revised Statutes and administered by the Bureau of Labor Standards within the Maine Department of Labor.

On a covered project, you pay each worker a minimum hourly wage plus benefits based on their classification, post the applicable rates at the job site, and document what you paid.

Recent Updates to Maine Prevailing Wage

Rates are now calculated by region rather than by individual county.
A limit now caps how far a classification's rate can fall from one year to the next.
The Building 1 category is no longer maintained. Projects in that subcategory use Building 2 rates.

Which Maine Projects Are Covered?

Maine prevailing wage rates are the minimum rates contractors must pay on state-funded public works projects estimated to cost $50,000 or more. That funding can come in whole or in part from state funds.

Public works covers public schools, buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, demolition, waterworks, airports, and other structures funded with state money. The definition of a public authority includes the Maine Turnpike Authority, which is worth knowing if you do highway or heavy work.

There is a second threshold that gets less attention. The statutory definition of construction excludes engineering and architectural services, temporary or emergency repairs, and any contract under $10,000.

Several categories of work fall outside the requirements entirely:

Projects where state funding is not dedicated to that specific project, such as work paid for with revenue sharing funds
Maintenance work
Projects where state or local government employees perform the work themselves

The wage determination for a covered project should be attached to the bid document. If it is not there and you believe the project is covered, ask the letting agency before you bid. The Bureau of Labor Standards also takes questions directly when coverage is unclear.

	Maine state law	Federal Davis-Bacon
What triggers it	State funds, contract of $50,000 or more	Federal funds under Davis-Bacon or a related act
Who sets the rate	Maine Bureau of Labor Standards	U.S. Department of Labor
Where you find rates	MDOL county and category rate publications	Wage determinations on SAM.gov
Certified payroll form	Maine Certified Payroll Form	Form WH-347
Who receives your payrolls	General contractor and letting agency	As directed by the contracting federal agency

Maine Prevailing Wage or Davis-Bacon: Which Applies to Your Project?

Only one set of rules governs a given project.

When a public works project is built in whole or in part with federal funds under the Davis-Bacon Act or another federal act, and the U.S. Secretary of Labor establishes the minimum wage and benefits, the Maine provisions in sections 1304 through 1313 do not apply. You follow the federal determination instead.

Federal Davis-Bacon wage rates are one of the inputs the Bureau of Labor Standards uses when it calculates Maine's own state rates. That is a separate matter from Davis-Bacon governing your project. The first is a calculation method. The second is a question of which rules apply.

Confirm the funding source before you pull any rates.

How Does Maine Set Its Prevailing Wage Rate?

The Bureau of Labor Standards builds Maine rates from three data sets:

An annual survey of wages and benefits paid in the construction industry
Certified payroll submissions collected from state agencies that contract for public works
The federal Davis-Bacon rate for the job classification

The bureau uses the highest wage and benefits figure among the three to set the prevailing rate. Survey and certified payroll data must reach the bureau by the second week of October, and labor unions submit their current collectively bargained rates each year.

Survey data comes from contractors employing five or more construction workers. If fewer than 10 workers statewide are employed in a given trade or occupation, no rate is established for it, which is why certain classifications do not appear on a determination.

Rates now also have a floor on how far they can fall. A recent amendment to the statute requires that when a classification's rate would decrease from the previous year, the bureau must limit that decrease to no more than 15 percent. The bureau adjusted the affected classifications, republished the county rate documents, and publishes a separate list showing which rates were adjusted under that limit.

How Are Maine Rates Organized by Region and County?

Rates are calculated by region rather than by individual county, and they are still published and looked up by county. You select your county, then identify the category for the project.

Maine uses four regions:

Midcoast: Kennebec, Knox, Lincoln, Sagadahoc, Waldo
Northern: Aroostook, Hancock, Penobscot, Piscataquis, Washington
Southern: Cumberland, York
Western: Androscoggin, Franklin, Oxford, Somerset

A statewide rate set is published alongside the county sets. As an example, a project in Portland sits in Cumberland County, which falls within the Southern Region.

Which Construction Category Applies to Your Project?

Rates are published by construction category as well as by county. Identify the category before you pull a rate.

Category	What it covers
Building 2	Construction other than one or two family homes
Highway and Earthwork	Roadway, site, and earthwork construction
Heavy and Bridge	Bridge, structural, and heavy civil construction
Building 1	No longer maintained. Projects in this subcategory use Building 2 rates.

The Maine Department of Labor publishes a Construction Classifications document to help sort a project into the right category. Category is determined by the type of construction rather than the type of contractor, so projects with mixed scopes are worth a second look.

Need support reading your wage determination? Explore our detailed guide.

Enhance Rate Management for Maine Projects

Maintaining current rate tables for every county and category you work in takes ongoing attention, particularly if you bid across multiple regions. Points North offers two options based on how much of that work you want to manage in-house. With Managed Services, our team partners with you to source rates, build and maintain rate tables tailored to your business, and proactively monitor for rate changes. With WageIQ, you can store the applicable Maine rates in one place, and prevailing wage calculations are surfaced before payroll runs, making rate and form management workable for your team.

Certified payroll information must be submitted each payroll period by companies required to pay Maine prevailing wage. Covered contractors and subcontractors furnish a statement covering the wages paid to each employee during the preceding pay period.

Submit a copy of all payrolls to the general contractor and to the letting agency, accompanied by a signed Statement of Compliance confirming the payrolls are correct and complete and that each laborer or mechanic was paid no less than the proper prevailing wage rate for the work performed. The Bureau of Labor Standards reviews submissions to confirm employees received the wages and fringe benefits required.

Maine publishes its own fillable Certified Payroll Form, and properly completing and submitting it satisfies the state requirement. The federal WH-347 is the form used on Davis-Bacon projects.

There is a second filing to track. Separate from the per-pay-period certified payroll submission, the statute requires a copy of your wage and benefit record to be filed monthly with the public authority that let the contract.

Fringe Benefits

The prevailing rate is an hourly base rate plus benefits. Benefits include health and welfare contributions, pension or individual retirement account contributions, vacation and annuity contributions, per diem paid in lieu of wages, and other payments made to or on behalf of the employee. When a defined contribution amount is not established, the most accurate estimated value of the contributions must be included.

Overtime

Maine's prevailing wage chapter does not set a separate overtime premium, and it does not require different rates for weekend, holiday, or shift work. Overtime on Maine public works follows the state's general wage and hour law, which requires time and one half for hours worked beyond 40 in a workweek. Federally funded projects carry their own overtime requirements.

Posting Requirements

A clearly legible statement of all fair minimum wage and benefits rates for each class of worker must be posted in a prominent and easily accessible place at the site. That obligation applies to each contractor and each subcontractor on the project, not just the prime.

Records & Retention

Your record must show the names and occupations of all laborers, workers, mechanics, and independent contractors working under contract with you, along with hours worked, job title, hourly rate or other method of remuneration, and the actual wages paid to each. Independent contractors are named specifically in the statute. A copy stays at the job site and must be open at reasonable hours to inspection by the Bureau of Labor Standards and the public authority that let the contract. Records do not need to be preserved longer than three years after the contract terminates.

Apprentices

You may pay a worker at the registered apprentice rate only if that worker participates in a registered apprenticeship program, meaning a program registered with the U.S. Department of Labor Office of Apprenticeship or a recognized state apprenticeship agency. The apprentice rate is tied to program registration rather than to experience level. On determinations, apprentice minimums are the rates recognized in the sponsorship agreement for the pertinent classification.

Safety Training

Every craft worker on a public works construction site must have completed a construction safety training program of at least 10 hours using a curriculum approved by the Occupational Safety and Health Administration. You submit a signed statement of compliance monthly to the public authority that let the contract, and post a signed affidavit in a conspicuous location at each job site.

Does Prevailing Wage Apply to Renewable Energy Projects in Maine?

In certain cases, yes. Contractors and subcontractors working on what the statute calls an assisted project must pay no less than the prevailing rate for wages and benefits determined by the bureau. This applies to projects where bids or proposals were initiated on or after January 1, 2023.

An assisted project is one with a nameplate capacity of 2 megawatts or more involving renewable energy or energy production, including site preparation, construction, retrofitting, and demolition, for which the State provides certifications entitling the generator to renewable energy credits or provides other economic assistance such as power purchase agreement payments, rebates, grants, loans, or commitments of funds. Covered sources include fuel cells, tidal power, solar, wind, geothermal, hydroelectric, qualifying biomass, and municipal solid waste generation paired with recycling.

There is also a documentation deadline attached. If the Department of Labor asks, you must provide proof within seven days that any apprentices on the project are enrolled in a registered apprenticeship program. Assembling that paperwork ahead of a request is easier than assembling it inside a week.

Renewable work that looks private on the surface can still carry public works wage obligations. Confirm whether state assistance touched the project before you set up payroll.

Running certified payroll every pay period across multiple projects and subcontractors is a steady administrative load. With Managed Services, our team partners with you to generate certified payroll reports and manage submissions, working from the project and payroll information your team provides. With WageIQ, the rates and forms become manageable by your team for compliance.

What Are the Penalties for a Maine Prevailing Wage Violation?

Maine's penalties accrue by the day and by the employee, and workers have a direct path to recovery that does not depend on state enforcement. Both factors mean exposure can build fast.

What Underpayment Costs

A contractor who knowingly and willfully pays below the fair minimum rate is subject to a fine of not less than $250 per employee violation. Each day a contractor employs a worker below the wage and benefit minimum counts as a separate violation, so the figure compounds across both the number of workers affected and the length of time. A contractor or subcontractor who willfully and knowingly violates the chapter is separately subject to a forfeiture of not less than $250.

How workers can recover unpaid wages

A worker paid less than the posted fair minimum rate may recover the difference, plus a penalty equal in amount to that difference, plus reasonable attorney's fees. The contractor's surety is not liable for the penalty or the attorney's fees, which leaves that exposure with the contractor.

Penalties tied to the wage survey

The director may require any person to provide information on wages and benefits needed to determine prevailing rates. Failing to provide requested information carries a fine of up to $250 for a first offense, $500 for a second, and $1,000 for any subsequent offense.

Consequences on assisted projects

Noncompliance on an assisted project is treated as a material breach of the assistance agreement. The agency providing the assistance may impose fines and administrative penalties, end the assistance, or recoup assistance already provided, including requiring remedial compensation to workers who were not paid the prevailing rate.

Debarment

Maine's prevailing wage law does not establish a debarment list or a debarment process. Unlike some states, Chapter 15 provides for fines, forfeitures, and worker recovery rather than exclusion from future public contracts. That said, daily accruing fines, private worker actions that include attorney's fees, and the separate consequences attached to assisted projects represent meaningful exposure on their own.

Appealing a wage determination

Any person affected by a determination may appeal to the Commissioner by filing a written notice stating the specific grounds for the objection within 10 days of the determination being filed with the public authority. The Commissioner holds a hearing in Augusta within 20 days of receiving the notice and issues a decision within 10 days after the hearing concludes.

Before You Bid

Confirm the funding source. State funds, federal funds, and state assistance on a renewable project each point to a different set of rules.
Confirm the project meets the $50,000 threshold and is not excluded as maintenance work or work performed by public employees.
Locate the wage determination attached to the bid document. Ask the letting agency if it is missing.
Identify your county, region, and construction category.
Price the base rate plus benefits by classification, not the base rate alone.
Verify registration status for anyone you plan to pay at an apprentice rate.

During the Project

Post the official wage determination and the fair minimum rate statement in a prominent, accessible place at the site.
Post the safety training affidavit.
Pay the base rate plus benefits by classification for every covered worker.
Submit certified payroll each pay period to the general contractor and the letting agency with a signed Statement of Compliance.
File the wage and benefit record monthly with the public authority that let the contract.
Submit the monthly safety training statement of compliance.
Confirm your subcontractors are meeting the same obligations.
Keep records at the job site and available for inspection.

Manage Your Maine Compliance with Points North

Points North offers two options based on how much of the compliance process you want to manage in-house. With Managed Services, our team partners with you to manage your prevailing wage process. With WageIQ, the rates and forms become manageable by your team for compliance.

Maine Prevailing Wage FAQs

Does Maine have a prevailing wage law?

Yes. Maine's requirements appear in Title 26, Chapter 15 of the Maine Revised Statutes and are administered by the Bureau of Labor Standards within the Maine Department of Labor. The statute refers to the required pay as fair minimum wage and benefits.

What is the prevailing wage threshold in Maine?

Prevailing wage applies to public works projects funded in whole or in part with state funds where the contract amounts to $50,000 or more. The statutory definition of construction also excludes contracts under $10,000, along with engineering and architectural services and emergency repairs.

Are Maine prevailing wage rates set by county or by region?

Both, in a sense. Rates are calculated by region, using four regions that group the state's counties. They are then published and looked up by county, so you select your county and identify the construction category for your project.

Do I use the WH-347 form in Maine?

On state-funded Maine projects, you use the Maine Certified Payroll Form published by the Department of Labor. The federal WH-347 is used on Davis-Bacon projects. Which form applies follows from the funding source for the project.

How often do I have to submit certified payroll in Maine?

Certified payroll must be submitted each payroll period, covering wages paid during the preceding pay period, to both the general contractor and the letting agency with a signed Statement of Compliance. Separately, a copy of your wage and benefit record is filed monthly with the public authority.

What happens if my project is federally funded

If the project is built with federal funds under the Davis-Bacon Act or another federal act and the U.S. Secretary of Labor sets the minimum wage and benefits, the Maine provisions do not apply. You follow the federal wage determination and federal reporting requirements instead.

Can a contractor be debarred in Maine for a prevailing wage violation?

Maine's prevailing wage law does not establish a debarment list or process. It provides for fines of not less than $250 per employee violation, forfeitures, and direct recovery by workers, including attorney's fees. Assisted projects carry additional consequences tied to the state assistance itself.

Do apprentices get a different rate on Maine prevailing wage projects?

Apprentice rates are available only for workers enrolled in a registered apprenticeship program recognized by the U.S. Department of Labor or a state apprenticeship agency. The applicable minimum is the rate recognized in the sponsorship agreement for that classification.

Does prevailing wage apply to solar and wind projects in Maine?

It can. Projects with a nameplate capacity of 2 megawatts or more that receive renewable energy credit certifications or other state economic assistance are treated as assisted projects and carry prevailing wage obligations, for bids initiated on or after January 1, 2023.

Who do I contact at the Maine Department of Labor with prevailing wage questions?

The Wage and Hour Division provides guidance on Maine prevailing wage rules. Questions about the annual construction wage survey go to the Research and Statistics Division. Contact details for both are published on the Department of Labor prevailing wage pages.

Maine Prevailing Wage: A Contractor's Guide to Compliance

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