Preemption of Local Employer Mandates

 

Progressive groups and labor unions are pushing for aggressive new mandates on employers’ relations with their employees. Activists have had limited, but growing, success at the state level advocating guaranteed paid employee leave for illness and family issues in state legislatures. Furthermore, over half of the states have passed minimum wage increases higher than the federal minimum and a handful of states have enacted $15 minimum wage mandates.

When activists have failed to convince lawmakers or voters on the state level to pursue new mandates on employers, they have shifted their strategy towards counties and cities. For example, the cities of Jersey City, New York City, Portland (OR), San Francisco, and Seattle all require private employers to offer paid sick leave to employees. Additionally, Albuquerque, Santa Fe, San Francisco, San Jose, and most recently Seattle, Los Angeles, and Chicago, will have minimum wages that surpass the state and federal wage.

Employers contend that these local actions create a confusing patchwork of employee benefit requirements. In response to these concerns, many states have taken action to preempt some of these mandates and to maintain a uniform environment for employees throughout the state. When a municipality passes an ordinance that conflicts with a state statute on the same subject matter, the state law preempts (and invalidates) the local ordinances.

For a complete history and current status of state preemption laws of local employment mandates, please see this chart we've put together for state chamber members.

Click on image to download a copy of the map. State Chambers are encouraged to use, share, and rebrand any of the materials COSC provides members. COSC staff are happy to work with you to update and edit any of our maps or other materials (email [email protected]) to meet your needs.

 

Research & Resources

Chamber Resources

Research

Journalism & Opinion