Staffing agency license in Maine: fee caps, nurse agencies and leasing firms

Maine does not license employment agencies at the state level. What it has instead is a short 1985 law that caps the fee an agency may charge a worker, lets cities and towns license agencies if they choose, and gives the Department of Labor, the Attorney General and injured workers the right to sue. For most staffing firms the Maine filings that matter are elsewhere: temporary nurse agencies register with the Department of Health and Human Services, and employee leasing companies register with the Bureau of Consumer Credit Protection.

This page covers the fee rules, municipal licensing, temporary nurse agency registration, employee leasing registration and the employer accounts a staffing firm needs. For other states, see employment agency license requirements.

Who the employment agency law covers

Title 26, chapter 7, subchapter 1-B, has four sections. Under 26 M.R.S. § 611, an "employment agency" is a person running a service to procure permanent or temporary employment for job seekers, or to tell them where employment may be found, "when a fee paid by the employee is charged for that service." Teachers' agencies, nurses' associations, charitable institutions, crew arrangers for vessels, professional associations serving only their members for a nominal fee, and staff of public or private nonprofits are excluded.

The fee test is what matters. A firm paid only by employers, whether contingency, retained search or temporary staffing billed to clients, is not an "employment agency" under this subchapter at all.

Watch for fees that reach the worker indirectly. A charge deducted from a temp's paycheck, a "processing" fee for joining your talent pool, or a clause making the worker repay a client's placement fee if they leave early are all arguably fees paid by the employee. Any one of them would bring the § 612 cap into play for that worker, and the cap leaves no room for separate administrative charges.

Fee caps for agencies that charge workers

If you charge a job seeker anything, 26 M.R.S. § 612 sets three rules:

• Ceiling. The placement fee "shall not exceed the equivalent of the first full week's gross wages," and it is full compensation for all of the agency's services. No separate registration or resume fees.
• Short jobs. If the employment ends in less than one month for any reason, the fee is adjusted so it does not exceed 10% of the wages earned.
• Installments. If paid weekly, one-eighth of the fee is due each week for the first eight weeks; semi-monthly, one-quarter per payment; monthly, one-half per payment.

Every agency must also give each paying applicant a receipt showing the applicant's name, the fee, any balance due, the date, the job and the employer's name and address.

Example: a placement into a job paying $1,000 a week gross can carry a maximum applicant fee of $1,000, paid weekly at $125 a week for eight weeks. If the worker leaves after two weeks having earned $2,000, the fee drops to no more than $200. Those figures are an illustration, not a quote from the statute.

Under § 613, a violation is a civil violation with a forfeiture of $100 to $500 for each violation. The injured person, the Attorney General, the Department of Labor or a municipality that licensed the agency can bring the action.

Municipal licensing

Section 612-A says the subchapter does not prevent a municipality, using its home rule authority, from licensing or regulating employment agencies or requiring a bond. Maine has hundreds of municipalities, and I did not survey their ordinances. Before opening an office, ask the town or city clerk whether a local employment agency license or bond applies, and keep the answer.

Temporary nurse agencies: DHHS registration

This is the Maine rule most likely to catch a staffing firm. 22 M.R.S. § 2131 requires a temporary nurse agency to register with the Department of Health and Human Services and renew annually. The definition covers a business "that primarily provides or procures nurses, certified nursing assistants and other qualified staff to another organization on a temporary basis within this State." A 2025 amendment (P.L. 2025, c. 346) added online platforms or marketplaces that advertise for and facilitate placement of temporary nurses, nursing assistants or other qualified staff. Licensed home health care providers are excluded.

• Fee. The initial and annual fee is $1,000 (raised from $25 by P.L. 2023, c. 434).
• CNA verification. Before hiring a certified nursing assistant, verify that they are on the Maine Registry of Certified Nursing Assistants and Direct Care Workers with no disqualifying annotation.
• Quality assurance. Make sure each worker meets state and federal qualifications and has the right experience, use the state's Background Check Center for direct access workers, and keep records of credentials, immunizations, orientation and training.
• No predatory recruitment. An agency may not require its staff, as a condition of employment or assignment, to recruit the facility's permanent employees for the agency.
• Annual report. Placements by setting and duration, and quarterly totals and averages of amounts charged to facilities and of wages and stipends paid, by category of worker, plus proof of credentials and background checks.

Operating without registering, or failing to check the CNA registry, is a civil violation with a fine of $500 to $10,000 per day. Missing documentation or annual reports can draw departmental fines of $500 to $10,000 per violation, and a failure to meet the section's requirements is also a violation of the Maine Unfair Trade Practices Act. The department's rule is 10-144 C.M.R. chapter 111.

Employee leasing companies

Under 32 M.R.S. § 14052, an employee leasing company may not do business from offices in Maine, or contract to supply employees for a client's Maine business, unless it is registered. Registration is with the Superintendent of Consumer Credit Protection, who may require filing through the Nationwide Multistate Licensing System. Applicants list owners of 5% or more, operating names for the past five years and any workers' compensation cancellations.

The definition in § 14051 is limited to long-term arrangements and expressly excludes temporary help services, a service where an organization hires its own employees and assigns them to support a third party's workforce during absences, skill shortages, seasonal workloads and special projects. The old statutory fee section, § 14054, was repealed, and I could not confirm the current registration fee on the bureau's site.

Employer accounts every Maine staffing firm needs

• Unemployment insurance with the Maine Department of Labor; the staffing firm is the employer of record for its temps.
• Workers' compensation under Title 39-A. See staffing agency insurance requirements for what clients usually require beyond statutory coverage.
• Withholding with Maine Revenue Services, and Secretary of State registration for out-of-state entities.

The setup sequence is in how to start a staffing agency. Neighboring states differ sharply: Massachusetts licenses agencies, including out-of-state ones (see staffing agency license in Massachusetts), while New Hampshire has a 1901 local licensing law on its books (see staffing agency license in New Hampshire).

A Maine checklist

MAINE CHECK — [date] — owner: [name]

Model:
  [ ] Employer-paid only: no state filing; ask town clerk about
      local license
  [ ] Any fee from workers: cap = first week's gross wages;
      installments; receipts; 10% rule for jobs under a month
  [ ] Nurses/CNAs to facilities: DHHS registration ($1,000/yr),
      CNA registry check, Background Check Center, annual report
  [ ] Long-term leasing: register with Consumer Credit Protection

Employer accounts:
  Maine DOL UI account; workers' comp; MRS withholding  [ ]
Next review: [date]

Re-check if you start supplying nursing assistants or nurses, even through an app, because the 2025 amendment brings platforms into the registration requirement.