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Independent Contractor Test in Maine

Maine uses one statutory test for both wage law and unemployment: the worker must be free from essential direction and control, meet 5 required criteria and at least 3 of 7 more.

Last checked . General information, not legal advice.

Maine at a glance

Test for wage and hour law
Statutory multi-factor test (same as unemployment)
The wage payment subchapter defines an independent contractor by reference to the unemployment test in 26 M.R.S. 1043(11)(E).
ABC test for wage law
No
Not a classic ABC test: control plus 5 required criteria and at least 3 of 7 optional criteria.
Test for unemployment insurance
Control plus 5 required and 3 of 7 other criteria
Work for pay is employment unless the worker is free from essential direction and control and meets the listed criteria.
ABC test for unemployment
No
Working outside the usual course of business is only one of the 7 optional criteria.

Sources

Last checked

The rules in Maine

Which test does Maine use to classify independent contractors under its wage and hour laws?

Test for wage and hour law in Maine: Statutory multi-factor test (same as unemployment). The wage payment subchapter defines an independent contractor by reference to the unemployment test in 26 M.R.S. 1043(11)(E).

Does Maine apply the ABC test under its wage and hour laws?

No. ABC test for wage law in Maine: no. Not a classic ABC test: control plus 5 required criteria and at least 3 of 7 optional criteria.

Which test does Maine use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in Maine: Control plus 5 required and 3 of 7 other criteria. Work for pay is employment unless the worker is free from essential direction and control and meets the listed criteria.

Does Maine apply the ABC test for unemployment insurance?

No. ABC test for unemployment in Maine: no. Working outside the usual course of business is only one of the 7 optional criteria.

Where do the Maine independent contractor tests come from?

The rules above come from 26 M.R.S. 1043(11)(E) and 26 M.R.S. 591(3). Each source is linked on this page. We last checked them in October 2026.

Good to know

The uniform definition was enacted by Public Law 2011, chapter 643.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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