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Tuesday, September 1, 2026

State and Local Governments Battle Over Who’s the Boss of Legislating the Workplace - JD Supra

Local governments often lead on workplace issues like paid sick leave, discrimination, and pay equity. But, how and whether cities and counties can – or even should – legislate the workplace varies across the country, with recent developments highlighting the struggle for supremacy between state and local officials.

In Nebraska, after the state revised minimum wage standards established by voters, in May 2026 the city of Lincoln enacted a minimum wage ordinance that uses the standard voters had approved – annual adjustments based on inflation, rounded up to the nearest nickel – rather than the state’s preferred preset 1.75% annual increases. Lincoln’s ordinance was enacted notwithstanding a state attorney general (AG) opinion letter that concluded the state minimum wage law would preempt any local minimum wage ordinance. In response to Lincoln’s actions, the AG sued and recently a state trial court judge enjoined the city from enforcing its ordinance. Not deterred by the state’s lawsuit, in July a different city – Omaha – enacted its own minimum wage ordinance that also calls for annual adjustments based on inflation.

Similar potential conflicts are brewing in New York. Tompkins County is studying whether to enact a local minimum wage ordinance, whereas New York City has introduced a bill to create such a law. These efforts are occurring with local legislators’ knowledge of a state appellate court ruling from the 1960s that held the state “occup[ies] the entire field”...



Read Full Story: https://news.google.com/rss/articles/CBMiigFBVV95cUxQSnlIYXVERFd6R2ZZT0g2V096...