Maine determines gig worker status using a multi-factor test under state wage and hour laws, focusing on behavioral control, financial control, and relationship type, rather than a strict ABC test seen in states like California.​
Classification Factors
The Maine Department of Labor evaluates independent contractor status by assessing employer control over work details, worker investment in tools or equipment, opportunity for profit or loss, skill required, permanency of the relationship, and whether services are integral to the business. Gig workers like rideshare drivers or delivery personnel often qualify as contractors if they control schedules, use personal vehicles, and serve multiple platforms, but misclassification risks arise if platforms dictate routes or pricing. Federal DOL rules since 2024 reinforce this economic reality test, applying equally unless state law diverges.​
Gig Economy Implications
Misclassified workers lose minimum wage ($14.65/hour in 2025, rising annually), overtime, unemployment insurance, and workers’ compensation protections. No Maine-specific gig reforms appear in 2025 updates, which instead address agricultural wages and overtime thresholds. Platforms must issue 1099 forms for earnings over $600 and face penalties for violations, including back pay and fines.​
Employee vs. Contractor Comparison
SOURCES
[1](https://www.aoshearman.com/en/insights/department-of-labor-publishes-final-rule-for-worker-classification-under-the-flsa)
[2](https://www.postercompliance.com/blog/labor-law-compliance-for-gig-workers-what-employers-need-to-know/)
[3](https://www.epi.org/publication/misclassifying-workers-2025-update/)
[4](https://www.maine.gov/labor/labor_laws/llupdates/2025/)
[5](https://www.legalmatch.com/law-library/article/gig-economy-legal-issues.html)
