Non-Citizen Workers’ Rights
Helping You Help Maine’s Non-Citizen Worker Population Navigate Their Rights
On This Page
Use this page for more information on key workers’ rights for Maine’s immigrant workforce.
Key Laws
An overview of the primary state and federal laws providing protections.
Protections Explained
Brief explanations of those key laws and how they intersect with immigration status.

Key Laws Protecting Non-Citizen Workers

Maine Human Rights Act

Migrant and Seasonal Agricultural Workers Protection Act

Maine Workers’ Compensation Act of 1992

Maine Minimum Wage Law

Title VI

Title VII

National Labor Relations Act

Whistleblowers’ Protection Act

Non-Citizen Workers’ Rights Explained
Below are brief descriptions of some of the various rights and protections provided to working non-citizens in Maine.
Maine Human Rights Act (MHRA)
The MHRA prohibits employment discrimination based on race, color, ancestry, national origin, sex, sexual orientation (including gender identity), disability, religion, and age. It applies to all Maine employers regardless of size and bars retaliation against employees asserting their rights. Employees must file complaints within 300 days of the alleged violation to the MHR Commission.
File a complaint
Maine Minimum Wage Law
Maine law mandates a state minimum wage of $14.65 as of 01/01/2025. Employers must ensure workers, including non-citizens, earn at least this amount, whether paid hourly or by piece rate. The law also prohibits illegal deductions that reduce wages below this threshold. Pay stubs must accurately reflect wages, hours worked, and deductions.
Report Violation to MDOL Bureau of Labor Standards
Migrant & Seasonal Agr. Workers Protection (MSPA)
The MSPA mandates written employment terms in the farm worker’s native language describing wages, job descriptions, and housing conditions. The MSPA also establishes safety requirements for employer-provided housing and transportation and mandates that workers receive itemized pay stubs. Violations of these protections have been reported in Maine, such as underpaid blueberry harvesters and substandard housing.
Information for Complaints
Maine Workers’ Compensation Act (MWCA)
The MWCA ensures that employees, including non-citizens, receive medical care and wage replacement for workplace injuries. It applies broadly but excludes independent contractors and certain agricultural and domestic workers. Employers cannot retaliate against workers for filing claims, and the law establishes a structured process for reporting and resolving claims, including mediation and hearings before the Workers’ Compensation Board. While Maine courts have not ruled directly on undocumented workers, case law suggests they may still qualify for compensation, albeit with some risks.
Information for injured workers.
Civil Rights Act of 1964 Title VI
Title VI prohibits discrimination based on race, ethnicity, or national origin in federally funded programs. Under Title VI, language barriers cannot prevent non-citizens from accessing essential services. Executive Order 13166 further requires federally funded organizations to provide “meaningful access” through free language assistance, including translation and interpretation services.
File a Complaint
Civil Rights Act of 1964 Title VII
Title VII of the Civil Rights Act of 1964 bars discrimination in employment based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees and is enforced by the Equal Employment Opportunity Commission (EEOC). Employees must file complaints within 180 days, or 300 days if a state or local agency enforces similar protections. Title VII also prohibits retaliation against workers asserting their rights, including non-citizens
File EEOC Complaint
National Labor Relations Act (NLRA)
The NLRA grants workers, including non-citizens, the right to unionize and engage in collective bargaining. Employers cannot retaliate against employees for union activity. In Maine, unionized workers have grievance procedures outlined in collective bargaining agreements (CBAs). Deferred Action programs may provide temporary protection for non-citizens asserting labor rights. The National Labor Relations Board (NLRB) enforces union protections and offers multilingual resources.
NLRB Charge Forms
Me. Whistleblowers Protection Act
The Maine Whistleblowers’ Protection Act protects employees, including non-citizens, from retaliation when they report workplace violations, unsafe conditions, or illegal employer actions. Employers cannot fire, intimidate, or discriminate against workers who file complaints, participate in investigations, or refuse to engage in illegal activities. If retaliation occurs, workers may file a complaint with the Maine Human Rights Commission or seek legal remedies. This law ensures that employees can report workplace concerns without fear of losing their jobs.
File a complaint