Maine · final-pay liquidated damages · 26 M.R.S. §§ 626 / 626-A
Maine final-pay liquidated damages (2× unpaid wages)
26 M.R.S. § 626 / § 626-A: unpaid wages (and accrued vacation) due by the next established payday. A judgment adds twice that base as liquidated damages after an 8-day remedy gate. Classic: $400 unpaid → $800 LD / $1,200 judgment (CA 15d → $2,400; OR 15d unpaid $400 no notice → $400; ID 15d → $750). Not CA LC 203. Not ORS 652.150. Not Idaho § 45-607.
What this page computes
Enter unpaid wages, unused vacation, headcount / public / CBA toggles, next payday, and the 8-day gate (or calendar days after due). The ticket shows the unpaid base, 2× liquidated damages, and the 3× judgment total. Not a weekly punch OT calculator.
How §§ 626 / 626-A pay
§ 626: an employee leaving employment must be paid in full no later than the next established payday. Vacation pay has the same status as wages when the terms or established practice include paid vacation. Unused vacation accrued on or after 1 January 2023 must be paid unless the employer has 10 or fewer employees or is a public employer; a CBA addressing vacation payout supersedes.
A judgment includes the unpaid wages and that accrued vacation plus an additional amount equal to twice that combined base as liquidated damages, plus interest, costs, and a reasonable attorney fee (attorney fee out of punch scope).
§ 626-A: if wages are clearly due without a bona fide dispute, those remedies are available 8 days after the due date. If there is a bona fide dispute, they are available 8 days after demand when the wages are in fact due and remain unpaid. Independent contractors are not employees.
In scope
- Unpaid final wages + 2× liquidated damages
- Accrued vacation in the 2× base (11+ private must-pay; small/public only with vacation practice; CBA supersedes)
- 8-day remedy gate after due (or after demand if bona fide dispute)
- Due: next established payday (demand path: earlier of payday or +14 days)
Out of scope
- California LC 203 usual-day waiting-time penalty (separate page)
- Oregon ORS 652.150 8-hour / 100%-cap penalty wages (separate page)
- Idaho Code § 45-607 15-day $750 / $500 (separate page)
- Maine reporting-time 26 M.R.S. § 639-A (separate page)
- Interest, costs, attorney fees, $100–$500 civil fine
Classic statutory contrast
$400 unpaid, remedies available → LD $800, judgment $1,200.
Same + $200 unused vacation at an 11+ private employer → base $600, LD $1,200, judgment $1,800.
Seven days after due → wages $400, LD $0 (gate closed).
Same 15 days on /california-waiting-time-penalty/ @ $20×8h → $2,400.
Same 15 days on /oregon-waiting-time-penalty/ unpaid $400 no notice → $400.
Same 15 days on /idaho-waiting-time-penalty/ @ $20×8h → $750.
Sources
- 26 M.R.S. § 626 — Cessation of employment (Maine Legislature, HTTP 200)
- 26 M.R.S. § 626-A — Penalties; 8-day remedy gate; 2× unpaid wages as liquidated damages (HTTP 200)
- Maine BLS Interpretive Guidance Policy 22-01 — vacation payout under § 626
Related
Maine reporting-time (§ 639-A) · CA waiting-time penalty (LC 203) · OR penalty wages (ORS 652.150) · ID wage-claim penalty (§ 45-607)
Is the 2× on top of the wages (3× total)?
Yes. The employee is owed the unpaid wages (and vacation in the base) plus an additional amount equal to twice that base as liquidated damages. $400 unpaid → $400 wages + $800 LD = $1,200.
Do small employers skip vacation?
The 2023 mandatory payout of unused vacation does not apply to employers with 10 or fewer employees or public employers. If those employers still have a vacation policy or established practice, vacation pay has the same status as wages under the first sentence of § 626 — check “Vacation policy / practice.”
Same as California, Oregon, or Idaho waiting-time?
No. Those pages continue a daily rate for 30 or 15 days (with Oregon’s 100% unpaid cap and Idaho’s $750/$500 caps). Maine multiplies the unpaid dollar amount by two after an 8-day gate. It does not count usual-day units.