Workers’ rights preemption in the U.S.: A map of the campaign to suppress workers’ rights in the states

Preemption Map Data

State Overview Minimum wage MW info Fair scheduling FS info Project labor agreements PLA info Prevailing wage PW info Paid leave PL info Gig economy GE info
Alabama 2016

Minimum wage

Since 2016, Alabama has prohibited its cities and counties from establishing local minimum wages above the federal minimum wage, which applies because Alabama has no state minimum wage. Any existing local minimum wage increases (including an increase in Birmingham) were nullified.

Law: Ala. Code § 25-7-41

Passed: 2016

By: Gov. Robert Bentley (R) and a Republican majority state legislature

2016

Fair schedules

Since 2016, Alabama has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: Ala. Code § 25-7-41

Passed: 2016

By: Gov. Robert Bentley (R) and a Republican majority state legislature

2016  

Project labor agreements

Since 2016, Alabama has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements.

Law: Ala. Code § 25-7-42

Passed: 2016

By: Gov. Robert Bentley (R) and a Republican majority state legislature

2014

Paid leave

Since 2014, Alabama has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Ala. Code § 11-80-16

Passed: 2014

By: Gov. Robert Bentley (R) and a Republican majority state legislature

2018

Gig economy

Since 2018, Alabama has prohibited local municipalities from imposing a tax on or requiring a license for a transportation network company or its drivers or vehicles, and from imposing a local rate on transportation network companies. The law allows municipalities to adopt ordinances to prohibit TNCs from providing prearranged rides that originate within their corporate limits, and includes exceptions for airports and cruise terminals.

Law: AL Code § 32-7C-36  

Passed: 2018

By: Gov. Kay Ivey (R) and a Republican majority state legislature

Alaska 2017

Gig economy

Since 2017, Alaska has prohibited localities from regulating transportation network companies, their drivers, and personal vehicles used in connection with transportation network services. The law allows municipalities to adopt ordinances (if ratified by voters in a regular election) to prohibit TNCs from conducting activities within the municipality.

Law: Alaska Stat. Ann. § 29.35.148

Passed: 2017

By: Gov. Bill Walker (I), a Republican majority state senate, and a Democratic state house

Arizona 1997

Minimum Wage

In 1997, Arizona passed a law prohibiting its cities and counties from raising their local minimum wages above Arizona’s state minimum wage. In 2006, that law was repealed by Proposition 202 . As of 2023, Arizona no longer preempts local minimum wage laws.

Law: AZ Rev Stat § 23-362

Repeal: Proposition 202 (2006)

Passed: 1997

Repealed: 2006

Passed By: Gov. Fife Symington and a Republican majority state legislature.

Repealed by: Ballot Measure

 
2016

Fair

schedules

Since 2011, Arizona has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Law: Ariz. Rev. Stat. § 34-321

Passed: 2011

By: By: Gov. Doug Ducey (R) and a Republican majority state legislature

2011

Project labor agreements

Since 2011, Arizona has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Ariz. Rev. Stat. § 34-321

Passed: 2011

By: Gov. Jan Brewer (R) and a Republican majority state legislature

1984

Prevailing Wage

Since 1984, Arizona has prohibited cities and counties from requiring city contractors to pay workers a prevailing wage, which is at least the average wage in their city/county for working on public construction contracts.

Law: Ariz. Rev. Stat. § 34-321

Passed: 1984

By: Gov. Bruce Babbitt (R)

2016

Paid leave

In 2016, Arizona passed HB 2579, a bill to prohibit cities and counties from requiring employers to provide employees paid sick days or paid family leave. In 2017, the Maricopa County Superior Court found HB 2579 in violation of proposition 105 (1999), which prohibits the state legislature from amending or superseding voter-approved initiatives.

Law: Law: Ariz. Rev. Stat 23-204

Repeal: UFCW Local 99 v. Arizona

Passed: 2016

Repealed: 2017

By: Gov. Doug Ducey (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Arizona has prohibited city and county government entities, other than public airport operators, from regulating transportation network companies.

Law: Ariz. Rev. Stat. § 28-142

Passed: 2015

By: Gov. Doug Ducey (R) and a Republican majority state legislature

Arkansas 2017

Minimum wage

Since 2017, Arkansas has prohibited its cities and counties from raising their local minimum wages above Arkansas’s state minimum wage.

Law: A.C.A. § 11-4-222

Passed: 2017

By: Gov. Asa Hutchinson (R) and a Republican majority state legislature

2017

Fair schedules

Since 2017, has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: A.C.A. § 11-4-222

Passed: 2017

By: Gov. Asa Hutchinson (R) and a Republican majority state legislature

2015

Project labor agreements

Since 2015, Arkansas has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: A. C. A. § 22-9-804

Passed: 2015

By: Gov. Asa Hutchinson (R) and a Republican majority state legislature

2017

Paid leave

Since 2017, Arkansas has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: A.C.A. § 11-4-222

Passed: 2017

By: Gov. Asa Hutchinson (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Arkansas has prohibited localities from imposing taxes or licensing requirements on transportation network companies or their drivers. Transportation network company drivers are assumed to be independent contractors and not employees if certain requirements are met.

Law: A.C.A. § 23-13-719

Passed: 2015

By: Gov. Asa Hutchinson (R) and a Republican majority state legislature

California 2017

Gig economy

Since 2017, California has prohibited its cities and counties from requiring transportation network company drivers to have more than one business license to operate statewide.

Law: Cal. Bus. & Prof. Code § 16550.2

Passed: 2017

By: Gov. Edmund G. Brown (D) and a Democratic majority state legislature

Colorado 1999

Minimum wage

In 1999, Colorado passed a law prohibiting its cities and counties from raising their local minimum wages above Colorado’s state minimum wage. In 2019, that law was repealed. As of 2019, Colorado no longer preempts local minimum wage laws.

Law: Colo. Rev. Stat. § 8-6-101 Repeal: Colorado HB 19-1210

Passed: 1999
Repealed: 2019

Passed by: Gov. Bill Owens (R) and a Republican majority state legislature Repealed by: Gov. Jared Polis (D) and a Democratic majority state legislature

2014

Gig economy

Since 2014, transportation network companies are governed exclusively by the state.

Law: C.R.S. § 40-10.1-603

Passed: 2014

By: Gov. John Hickenlooper (D) and a Democratic majority state legislature

Delaware 2016

Gig economy

Since 2016, Delaware has prohibited localities from imposing taxes or licensing requirements on transportation network companies or their drivers, and has prohibited localities from setting rates for driver pay. Transportation network company drivers are assumed to be independent contractors and not employees if certain requirements are met.

Law: Del. Code Ann. tit. 2, § 1922

Passed: 2016

By: Gov. Jack Markell (D) and a Democratic majority state legislature

Florida 2003

Minimum wage

Since 2003, Florida has prohibited its cities and counties from raising their local minimum wages above Florida’s state minimum wage.

Law: Fla. Stat. § 218.077

Passed: 2003

By: Gov. Jeb Bush (R) and a Republican majority state legislature

2017

Project labor agreements

Since 2017, Florida has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements if 50 percent or more of the public works project is funded by state funds.

Law: Fla Stat § 255.0992

Passed: 2017

By: Gov. Rick Scott (R) and a Republican majority state legislature

2017

Prevailing wage

Since 2017, Florida has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage if 50 percent or more of the public works project is funded by state funds.

Law: Fla Stat § 255.0992
Passed: 2017

By: Gov. Rick Scott (R) and a Republican majority state legislature

2013

Paid leave

Since 2013, Florida has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Fla. Stat. § 218.077

Passed: 2013

2017

Gig economy

Since 2017, Florida has prohibited localities from regulating transportation network companies or their drivers.

Law: FL HB 221

Passed: 2017

By: Gov. Rick Scott (R) and a Republican majority state legislature

Georgia 2004

Minimum wage

Since 2004, Georgia has prohibited its cities and counties from establishing local minimum wages above the federal minimum wage, which applies in Georgia because its state minimum wage is below the federal minimum.

Law: Ga. Code Ann. § 34-4-3.1

Passed: 2004

By: Gov. Sonny Perdue (R), a Republican majority state senate, and a Democratic majority state house

2017

Fair schedules

Since 2017, Georgia has prohibited its cities and counties from requiring employers to give employees any additional pay based on schedule changes (such as providing additional pay when employees are given schedule changes on short notice).

Law: Ga. Code Ann. 34-4-3.1

Passed: 2017

By: Gov. Nathan Deal (R) and a Republican majority state legislature

2013

Project labor agreements

Since 2013, Georgia has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements.

Law: Ga. Code § 13-10-3

Passed: 2013

By: Gov. Nathan Deal (R) and a Republican majority state legislature

2013

Prevailing wage

Since 2013, Georgia has prohibited cities and counties from requiring city contractors to pay workers a prevailing wage, which is at least the average wage in their city/county for working on public construction contracts.

Law: Ga. Code § 13-10-3

Passed: 2013

By: Gov. Nathan Deal (R) and a Republican majority state legislature

2004

Paid leave

Since 2004, Georgia has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Ga. Code Ann. § 34-4-3.1

Passed: 2004

By: Gov. Sonny Perdue (R), a Republican majority state senate, and a Democratic majority state house

2015

Gig economy

Since 2015, Georgia has prohibited localities from enacting any form of regulation regarding ride-share network services, transportation referral services, transportation referral service providers, and taxi services. The law includes an exception for airports.

Law: GA Code § 40-1-191

Passed: 2015

By: Gov. Nathan Deal and a Republican majority state legislature

Hawaii 2022, 2016

Gig economy

Since 2016, Hawaii has prohibited its cities and counties from regulating insurance for drivers of transportation network company vehicles.

In 2022, Hawaii passed HB 1681 H.D. 2 S.D. 1 establishing exclusive state authority for regulation of transportation network companies and preempting “any ordinance or other regulation adopted by a political subdivision that specifically governs transportation network companies, transportation network company drivers, or transportation network company vehicles, including those adopted before the effective date of this chapter.

Law: HI Rev Stat § 431:10C-703 (2016); HB 1681 H.D. 2 S.D.1 (2022)

Passed: 2022, 2016

By: Gov. David Ige (D) and Gov. Josh Green (D) and a Democratic majority state legislature

Idaho 2016

Minimum wage

Since 2016, Idaho has prohibited its cities and counties from raising their local minimum wages above Idaho’s state minimum wage.

Law: Idaho Code Ann. § 44-1502

Passed: 2016

By: Gov. Butch Otter (R) and a Republican majority state legislature

2012

Project labor agreements

Since 2012, Idaho has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements.

Law: Idaho Code Ann. § 67-2809

Passed: 2012

By: Gov. Butch Otter (R) and a Republican majority state legislature.

2011

Prevailing Wage

Since 2011, Idaho has prohibited cities and counties from requiring city contractors to pay workers a prevailing wage, which is at least the average wage in their city/county for working on public construction contracts.

Law: Idaho Code § 44-2013

Passed: 2011

By: Gov. Butch Otter (R) and a Republican majority state legislature.

2015

Gig economy

Since 2015, according to Idaho law, “no municipality or other local entity may impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or licenses relates to providing TNC services, or subject a TNC to the municipality or other local entity’s rate, entry, operational or other requirements.”

Law: Id. Code Ann. § 49-3715

Passed: 2015

By: Gov. Butch Otter (R) and a Republican majority state legislature

Illinois  
Indiana 2011

Minimum wage

Since 2011, Indiana has prohibited its cities and counties from raising their local minimum wages above Indiana’s state minimum wage.

Law: Ind. Code § 22-2-2-10.5

Passed: 2011

By: Gov. Mitch Daniels (R) and a Republican majority state legislature

2016

Fair schedules

Since 2016, Indiana has prohibited its cities and counties from establishing any laws governing work schedules—such as requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: Ind. Code §§ 22-2-16-3

Passed: 2016

By: Gov. Mike Pence (R) and a Republican majority state legislature

2015

Prevailing wage

Since 2015, Indiana has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage.

Law: Ind. Code Ann. § 5-16-7.2-5

Passed: 2015

By: Gov. Mike Pence (R) and a Republican majority state legislature

2013

Paid leave

Since 2013, Indiana has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Ind. Code § 22-2-16-3

Passed: 2013

By: Gov. Mike Pence (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Indiana has prohibited units of local government from regulating services of transportation network companies or TNC drivers.

Law: IN Code § 36-9-2-4 

Passed: 2015

By: Gov. Mike Pence (R) and a Republican majority state legislature

Iowa 2017

Minimum wage

Since 2017, Iowa has prohibited its cities and counties from raising their local minimum wages above Iowa’s state minimum wage. Any existing local minimum wage increases (including increases in Johnson, Linn, Polk, and Wapello Counties) were nullified.

Law: IA. Code § 364.3

Passed: 2017

By: Gov. Terry Branstad (R) and a Republican majority state legislature

2017

Fair schedules

Since 2017, Iowa has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: IA. Code § 364.3

Passed: 2017

By: Gov. Terry Branstad (R) and a Republican majority state legislature

2017

Project labor agreements

Since 2017, Iowa has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements on construction projects.

Law: Iowa § 73A.28

Passed: 2017

By: Gov. Terry Branstad (R) and a Republican majority state legislature

2017

Paid leave

Since 2017, Iowa has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: IA. Code § 364.3

Passed: 2017

By: Gov. Terry Branstad (R) and a Republican majority state legislature

2016

Gig economy

Since 2016, transportation network companies have been regulated exclusively by the state.

Law: Ia. Code Ann. § 321N.11

Passed: 2016

By: Gov. Terry Branstad (R) and a split majority state legislature

Kansas 2013

Minimum wage

Since 2013, Kansas has prohibited its cities and counties from raising their local minimum wages above Kansas’s state minimum wage.

Law: Kan. Stat. Ann. § 12-16,130

Passed: 2013

By: Gov. Sam Brownback (R) and a Republican majority state legislature

2016

Fair schedules

Since 2016, Kansas has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: Kan. Stat. Ann. § 12-16,130

Passed: 2016

By: Gov. Sam Brownback (R) and a Republican majority state legislature

2012

Project labor agreements

Since 2012, Kansas has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Kan. Stat. Ann. § 16-2003

Passed: 2012

By: Gov. Sam Brownback (R) and a Republican majority state legislature

2013

Prevailing wage

Since 2013, Kansas has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage.

Law: Kan. Stat. Ann. § 12-16,131

Passed: 2013

By: Gov. Sam Brownback (R) and a Republican majority state legislature

2013

Paid leave

Since 2013, Kansas has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Kan. Stat. Ann. § 12-16,130

Passed: 2013

By: Gov. Sam Brownback (R) and a Republican majority state legislature

 

 
Kentucky 2017

Minimum wage

Since 2017, Kentucky law has prohibited its cities and counties from raising their local minimum wages above Kentucky’s state minimum wage. But the Kentucky Supreme Court had already effectively banned local minimum wage increases even before the preemption law was passed: In 2016, the Court had struck down minimum wage increases passed in Lexington and Louisville, ruling that those cities did not have the authority to pass a minimum wage that is different than the state’s.

Law: HB3, 2016 Reg. Sess. (KY. 2017)

Passed: 2017

By: Gov. Matt Bevin (R) and a Republican majority state legislature

2017

Prevailing wage

Since 2017, Kentucky has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage.

Law: HB3, 2016 Reg. Sess. (KY. 2017)

Passed: 2017

By: Gov. Matt Bevin (R) and a Republican majority state legislature

2017

Paid leave

Since 2017, Kentucky has prohibited its cities and counties from requiring employers to provide employees with any “fringe benefit,” such as paid leave.

Law: HB3, 2016 Reg. Sess. (KY. 2017)

Passed: 2017

By: Gov. Matt Bevin (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Kentucky has prohibited cities and counties from imposing fees or taxes upon transportation network companies. State law allows for cities larger than 20,000 people and urban-county governments to set standards for drivers operating from the city and issue permits for qualified drivers.

Law: K.R.S. § 281.631 and § 281.635

Passed: 2015

By: Gov. Steve Beshear (D) and a split majority state legislature

Louisiana 1997

Minimum wage

Since 1997, Louisiana has prohibited its cities and parishes from establishing local minimum wages above the federal minimum wage, which applies because Louisiana has no state minimum wage.

Law: La. Rev. Stat. Ann. § 23:642

Passed: 1997

By: Gov. Murphy J. Foster Jr. (R) and a Democratic majority state legislature

2011

Project labor agreements

Since 2011, Louisiana has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: La. Stat. Ann. § 38:2225.5

Passed: 2011

By: Gov. Bobby Jindal (R) and a Republican majority state legislature

2011

Prevailing wage

Since 2011, Louisiana has prohibited cities and counties from requiring city contractors to pay workers a prevailing wage, which is at least the average wage in their city/county for working on public construction contracts.

Law: La. Stat. Ann. § 38:2225.5

Passed: 2011

By: Gov. Bobby Jindal (R) and a Republican majority state legislature

2012

Paid leave

Since 2012, Louisiana has prohibited its cities and parishes from requiring employers to provide employees paid sick days or paid family leave.

Law: La. Rev. Stat. Ann. § 23:642

Passed: 2012

By: Gov. Bobby Jindal (R) and a Republican majority state legislature

2019

Gig economy

Since 2019, “companies, drivers, and vehicles are governed exclusively by state law” in Louisiana, which prohibits local governments from imposing a tax on, requiring a license from, or subjecting a company , driver, or vehicle to any rate, entry, operation, or other requirement except as spelled out in state law, which allows local governments to maintain or adopt TNC ordinances imposing per-trip fees only. Includes exceptions for airports.

Law: La. R.S. § 48:2204 

Passed: 2019

By: Gov. John Bel Edwards (D) and a Republican majority state legislature

Maine 2019

Paid leave

In 2019, Maine passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.

Law: 2019 ME L.D. 369

Passed: 2019

By: Gov. Janet Mills (D) and a Democratic majority state legislature

2015

Gig economy

Since 2015, Maine has prohibited its cities and counties from regulating transportation network companies, their drivers, and personal vehicles used in connection with transportation network services.

Law: 2015 ME H.B. 934

Passed: 2015

By: Gov. Paul LePage (R) and a split majority state legislature

Maryland 2018

Paid Leave

In 2018, Maryland passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.

Law: H.B. 1 (Reg. Session 2018)

Passed: 2018

By: Democratic majority state legislature override of (R) Gov. Larry Hogan’s veto.

2016

Gig economy

Since 2016, Maryland has limited the taxes that cities and counties can level on transportation network companies (with exemptions for jurisdictions that already had a tax in place prior to 2015).

Law: Md. Code § 10-406

Passed: 2016

By: Gov. Larry Hogan (R) and a Democratic majority state legislature

Massachusetts 2016

Gig economy

Since 2016, Massachusetts has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies.

Law: 2016 Mass. Ch. 187

Passed: 2016

By: Gov. Charlie Baker (R) and a Democratic majority state legislature

Michigan 2015

Minimum wage

Since 2015, Michigan has prohibited its cities and counties from raising their local minimum wages above Michigan’s state minimum wage.

Law: Mich. Comp. Laws § 123.1385

Passed: 2015

By: Gov. Rick Snyder (R) and a Republican majority state legislature

2015

Fair schedules

Since 2015, Michigan has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: Mich. Comp. Laws § 123.1389

Passed: 2015

By: Gov. Rick Snyder (R) and a Republican majority state legislature

2012

Project labor agreements

Since 2012, Michigan has prohibited cities and counties from requiring city contractors to abide by project labor agreements. This law was repealed in 2023.

Law: Mich. Comp. Laws Ann. § 408.875

Repeal:

Passed: 2012

Repealed: 2023

Passed By: Gov. Rick Snyder (R) and a Republican majority state legislature

Repealed By: Gov. Gretchen Whitmer (D) and a Democratic majority state legislature

2015

Prevailing wage

Since 2015, Michigan has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage.

Law: Mich. Comp. Laws § 123.1386

Passed: 2015

By: Gov. Rick Snyder (R) and a Republican majority state legislature

2015

Paid leave

Since 2015, Michigan has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Mich. Comp. Laws § 123.1388, § 123.1391

Passed: 2015

By: Gov. Rick Snyder (R) and a Republican majority state legislature

2016

Gig economy

Effective March 2017, Michigan has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers.

Law: Act 345 of 2016; MCL § 257.2115

Passed: 2016

By: Gov. Rick Snyder (R) and a Republican majority state legislature

Mississippi 2013

Minimum wage

Since 2013, Mississippi has prohibited its cities and counties from establishing local minimum wages above the federal minimum wage, which applies because Mississippi has no state minimum wage.

Law: Miss. Code Ann. § 17-1-51

Passed: 2013

By: Gov. Phil Bryant (R) and a Republican majority state legislature

2014

Project labor agreements

Since 2014, Mississippi has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements.

Law: Miss. Code. Ann. § 71-15-9

Passed: 2014

By: Gov. Phil Bryant (R) and a Republican majority state legislature

2013

Paid leave

Since 2013, Mississippi has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Miss. Code Ann. § 17-1-51

Passed: 2013

By: Gov. Phil Bryant (R) and a Republican majority state legislature

2016

Gig economy

Since 2016, Mississippi has prohibited city and county government entities, other than public airport operators, from imposing taxes on or requiring licenses for transportation network company drivers or imposing a local rate, among other requirements, on transportation network companies.

Law: Miss. Code Ann. §77-8-37

Passed: 2016

By: Gov. Phil Bryant (R) and a Republican majority state legislature

Missouri 2015, with an amendment passed in 2017 to remove the exemption that had protected St. Louis’s existing minimum wage ordinance

Minimum wage

Since 2015, Missouri has prohibited its cities and counties from raising their local minimum wages above Missouri’s state minimum wage, but the 2015 law did not nullify local minimum wage ordinances that were in existence at the time, such as an ordinance in St. Louis. In 2017, Missouri amended its preemption law, adding a provision to retroactively nullify any existing local minimum wage increases, including the increase in St. Louis. A minimum wage increase in Kansas City—passed by local referendum in 2017—was also prevented from going into effect.

Law: Mo. HB 1193 & 1194

Passed: 2015, with an amendment passed in 2017 to remove the exemption that had protected St. Louis’s existing minimum wage ordinance

By: (2015 law) A Republican majority state legislature, who overrode Gov. Jay Nixon’s (D) veto to pass the law on September 16, 2015; (2017 amendment) Gov. Eric Greitens (R) and a Republican majority state legislature

2017

Project labor agreements

Since 2017, Missouri has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements.

Law: Missouri S.B. 182

Passed: 2017

By: Gov. Eric Greitens (R) and a Republican majority state legislature

2015

Paid leave

Since 2015, Missouri has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Mo. Rev. Stat. § 285.055.1

Passed: 2015

By: A Republican majority state legislature, who overrode Gov. Jay Nixon’s (D) veto to pass the law

2017

Gig economy

Since 2017, Missouri has prohibited municipalities or other state or local entities from imposing a tax on, or requiring a license for, a TNC, driver, or vehicle, or subjecting a TNC to any local rate, entry, operational, or other requirements.

Law: Mo. Rev. Stat. § 387.430

Passed: 2016

By: Gov. Eric Greitens (R) and a Republican majority state legislature

Montana 1999

Project labor agreements

Since 1999, Montana has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Mont. Code § 18-2-425

Passed: 1999

By: Gov. Marc Racicot (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Montana has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or imposing a local rate, among other requirements, on transportation network companies.

Law: MT Code Ann. § 69-12-342

Passed: 2015

By: Gov. Steve Bullock (R) and a Republican majority state legislature

Nevada 2015

Project labor agreements

Since 2015, Nevada has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Nev. Rev. Stat. § 338.1405

Passed: 2015

By: Gov. Brian Sandoval (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Nevada has prohibited its cities and counties from requiring licenses for or imposing taxes or fees on transportation network drivers, or imposing any other requirement not generally applied to other motor vehicle operators by the local government (provides some exemptions for airports).

Law: Nev. Rev Stat. § 706A.310

Passed: 2015

By: Gov. Brain Sandoval (R) and a Republican majority state legislature

New Hampshire 2016

Gig economy

Since 2016, New Hampshire has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies.

Law: NH Rev Stat § 376-A:17

Passed: 2016

By: Gov. Maggie Hassan (R) and a Republican majority state legislature

New Jersey 2018

Paid Leave

In 2018, New Jersey passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.

Law: A.1827 (Reg. Session 2018)

Passed: 2018

By: Gov. Phil Murphy (D) and a Democratic majority state legislature

2017

Gig economy

Since 2017, New Jersey has prohibited its cities and counties from requiring licenses for or imposing taxes or fees on transportation network drivers or vehicles (with exceptions for agreements between cities of the first class and airports).

Law: N.J. Rev Stat § 39:5H-26

Passed: 2016

By: Gov. Chris Christie (R) and a Democratic majority state legislature

New Mexico 2016

Gig economy

Since 2016, New Mexico has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers.

Law: N.M. Stat. Ann. § 65-7-2

Passed: 2016

By: Gov. Susana Martinez (R) and a split majority state legislature

New York

 

 

 

2017

Gig economy

Since 2017, regulation of TNCs and drivers in New York is “governed exclusively” by state law, and no county, town, city, or village may enact a tax or fee on or require a license, permit, or additional insurance or impose any other limitations or restrictions, on a TNC, driver, or vehicle. The state law does not apply to New York City, and allows counties, and cities over 100,000 to enact local ordinances prohibiting TNCs from picking up persons within their geographic boundaries.

Law: NY (VAT) Chapter 71, Title 8, Article 44-B

Passed: 2017

By: Gov. Andrew Cuomo (D) and a Democratic majority state legislature

North Carolina 2016

Minimum wage

Since 2016, North Carolina has prohibited its cities and counties from raising their local minimum wages above North Carolina’s state minimum wage.

Law: N.C. Gen. Stat. § 95-25.1

Passed: 2016

By: Gov. Pat McCrory (R) and a Republican majority state legislature

2013

Project labor agreements

Since 2013, North Carolina has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: N.C. Gen. Stat. § 143-133.5

Passed: 2013

By: Gov. Pat McCrory (R) and a Republican majority state legislature

2016

Paid leave

Since 2016, North Carolina has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: N.C. Gen. Stat. § 95-25.1

Passed: 2016

By: Gov. Pat McCrory (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, North Carolina has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers.

Law: N.C. Gen. Stat. § 20-280.10

Passed: 2015

By: Gov. Pay McCrory (R) and a Republican majority state legislature

North Dakota 2019

Minimum wage

Since 2019, North Dakota has prohibited its cities and counties from raising their local minimum wages above North Dakota’s state minimum wage.

Law: N.D. Cent. Code § 34-06

Passed: 2019

By: Gov. Doug Burgum (R) and a Republican majority state legislature

2013

Project labor agreements

Since 2013, North Dakota has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: N.D. Cent. Code § 48-12-02

Passed: 2013

By: Gov. Jack Dalrymple (R) and a Republican majority state legislature

2021

Paid leave

Since 2021, North Dakota has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: N.D. Cent. Code § 34-01-15.1

Passed: 2021

By: Gov. Doug Burgum (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, North Dakota has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. In 2021 North Dakota passed SB 2149, amending earlier preemption legislation in order to allow airports to regulate TNCs.

Law: N.D. Cent. Code § 39-34-06

Passed: 2015

By: Gov. Jack Dalrymple (R) and a Republican majority state legislature

Ohio 2016

Minimum wage

Since 2016, Ohio has prohibited its cities and counties from raising their local minimum wages above Ohio’s state minimum wage.

Law: Ohio Rev. Code § 4111.02

Passed: 2016

By: Gov. John Kasich (R) and a Republican majority state legislature

2016

Fair schedules

Since 2016, Ohio has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: Ohio Rev. Code § 4113.85

Passed: 2016

By: Gov. John Kasich (R) and a Republican majority state legislature

2016

Paid leave

Since 2016, Ohio has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Ohio Rev. Code § 4113.85

Passed: 2016

By: Gov. John Kasich (R) and a Republican majority state legislature

2016

Gig economy

Since 2016, Ohio has prohibited its cities and counties from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers. Ohio law also states that “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except when agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.)

Law: Ohio Rev. Code § 4925.09

Passed: 2016

By: Gov. John Kasich (R) and a Republican majority state legislature

Oklahoma 2014

Minimum wage

Since 2014, Oklahoma has prohibited its cities and counties from raising their local minimum wages above Oklahoma’s state minimum wage.

Law: Okla. Stat. tit. 40, Ch. 5 § 160

Passed: 2014

By: Gov. Mary Fallin (R) and a Republican majority state legislature

2012

Project labor agreements

Since 2012, Oklahoma has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Okla. Stat. tit. 61, § 83

Passed: 2012

By: Gov. Mary Fallin (R) and a Republican majority state legislature

2014

Paid leave

Since 2014, Oklahoma has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Okla. Stat. tit. 40, Ch. 5 § 160

Passed: 2014

By: Gov. Mary Fallin (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Oklahoma has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. Oklahoma law also states that “a transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.)

Law: Okla. Stat. tit. 47, § 1030

Passed: 2015

By: Gov. Mary Fallin (R) and a Republican majority state legislature

Oregon 2001

Minimum wage

Since 2001, Oregon has prohibited its cities and counties from establishing minimum wages above the state’s minimum wage.

Law: Or. Rev. Stat. § 653.017

Passed: 2001

By: Gov. John Kitzhaber (D) and a Republican majority state legislature

2015

Paid leave

In 2015, Oregon passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.

Law: Or. Rev. Stat. § 653.661

Passed: 2015

By: Gov. Kate Brown (D) and a Democratic majority state legislature

Pennsylvania 2006

Minimum wage

Since 2006, Pennsylvania has prohibited its cities and counties from raising their local minimum wages above Pennsylvania’s state minimum wage.

Law: 43 Pa. Stat. Ann. § 333.114a

Passed: 2006

By: Gov. Ed Rendell (D) and a Republican majority state legislature

2016

Gig economy

Since 2016, Pennsylvania has prohibited municipalities from imposing taxes on or requiring licenses for TNCs. The prohibition does not apply to “first class cities” with populations over 1.5 million (Philadelphia).

Law: 66 Pa. Cons. Stat § 2603

Passed: 2016

By: Gov. Tom Wolf (D) and a Republican majority state legislature

Rhode Island 2014

Minimum wage

Since 2014, Rhode Island has prohibited its cities and counties from raising their local minimum wages above Rhode Island’s state minimum wage.

Law: R.I. Gen. Laws Ann. § 28-12-25

Passed: 2014

By: Gov. Lincoln Chafee (D) and a Democratic majority state legislature

2017

Paid leave

In 2017, Rhode Island passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.

Law: R.I. H. 5413 Substitute B (Reg. Session 2017)

Passed: 2017

By: Gov. Gina Raimondo (D) and a Democratic majority state legislature

2016

Gig economy

Since 2016, Rhode Island has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies.

Law: R.I. Gen. Laws § 39-14.2-18; 39-14.2-19

Passed: 2016

By: Gov. Gina Raimondo (R) and a Democratic majority state legislature

South Carolina 2002

Minimum wage

Since 2002, South Carolina has prohibited its cities and counties from establishing local minimum wages above the federal minimum wage, which applies because South Carolina has no state minimum wage.

Law: S.C. Code Ann. § 6-1-130

Passed: 2002

By: Gov. Jim Hodges (D) and a Republican majority state legislature

2014

Project labor agreements

Since 2014, South Carolina has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: S.C. Code § 8-15-70

Passed: 2014

By: Gov. Nikki Haley (R) and a Republican majority state legislature

2017

Paid leave

Since 2017, South Carolina has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: S. Carolina S. 218 (Reg. Session 2017)

Passed: 2017

By: Gov. Henry McMaster (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, South Carolina has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies.

Law: S.C. Code Ann. § 58-23-10

Passed: 2015

By: Gov. Nikki Haley (R) and a Republican majority state legislature

South Dakota 2014

Project labor agreements

Since 2014, South Dakota has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: S.D. Codified Laws § 5-18A-43

Passed: 2014

By: Gov. Dennis Daugaard (R) and a Republican majority state legislature

2016

Gig economy

Since 2016, South Dakota has prohibited its cities and counties from regulating insurance requirements for transportation network companies beyond the state law.

Law: S.D. Cod. Laws § 32-40-23

Passed: 2016

By: Gov. Dennis Daugaard (R) and a Republican majority state legislature

Tennessee 2013

Minimum wage

Since 2013, Tennessee has prohibited its cities and counties from establishing local minimum wages above the federal minimum wage, which applies because Tennessee has no state minimum wage.

Law: Tenn. Code Ann. § 50-2-112

Passed: 2013

By: Gov. Bill Haslam (R) and a Republican majority state legislature

2017

Fair schedules

Since 2017, Tennessee has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: Tenn. S.B. 0262 (Pub. Ch. 107)

Passed: 2017

By: Gov. Bill Haslam (R) and a Republican majority state legislature

2011

Project labor agreements

Since 2011, Tennessee has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Tenn. Code Ann. § 12-4-903

Passed: 2011

By: Gov. Bill Haslam (R) and a Republican majority state legislature

2013

Prevailing wage

Since 2013, Tennessee has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage.

Law: Tenn. Code Ann. § 50-2-112

Passed: 2013

By: Gov. Bill Haslam (R) and a Republican majority state legislature

2013

Paid leave

Since 2013, Tennessee has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.

Law: Tenn. Code Ann. § 7-51-1802

Passed: 2013

By: Gov. Bill Haslam (R) and a Republican majority state legislature

2016

Gig economy

Since 2016, Tennessee has prohibited its cities and counties from regulating transportation network companies.

Law: Tenn. Code Ann. § 65-15-302

Passed: 2016

By: Gov. Bill Haslam (R) and a Republican majority state legislature

Texas 2003

Minimum wage

Since 2003, Texas has prohibited its cities and counties from raising their local minimum wages above Texas’s state minimum wage.

Law: Tex. Labor Code Ann. § 62.0515

Passed: 2003

By: Gov. Rick Perry (R) and a Republican majority state legislature

2017

Gig economy

Since 2017, Texas prohibits local governments and municipalities from imposing a tax; requiring an additional license or permit; setting rates, imposing operational or entry requirements; or imposing other requirements on TNCs (includes exception for airports and cruise terminals).

Law: Tex. Occ. Code § 2402.003 

Passed: 2017

By: Gov. Greg Abbott (R) and a Republican majority state legislature

Utah 2001

Minimum wage

Since 2001, Utah has prohibited its cities and counties from raising their local minimum wages above Utah’s state minimum wage.

Law: Utah Code § 34-40-106

Passed: 2001

By: Gov. Mike Leavitt (R) and a Republican majority state legislature

1995

Project labor agreements

Since 1995, Utah has prohibited cities and counties from requiring city contractors to abide by project labor agreements.

Law: Utah Code § 34-30-14

Passed: 1995

By: Gov. Mike Leavitt (R) and a Republican majority state legislature

2001

Prevailing wage

Since 2001, Utah has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage.

Law: Utah Code § 34-40-106

Passed: 2001

By: Gov. Mike Leavitt (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Utah has prohibited city and county government entities, other than public airport operators, from regulating transportation network companies.

Laws: Utah Code Ann. § 13-51-109

Passed: 2015

By: Gov. Gary Herbert (R) and a Republican majority state legislature

Vermont 2018

Gig economy

Since 2018, Vermont state law preempts “municipal ordinances, bylaws, or resolutions regulating transportation network companies.” Cities over 35,000 were initially exempted, but this exemption expired in 2022.

Law: 23 V.S.A. § 754

Passed: 2018

By: Gov. Peter Shumlin (R) and a Democratic majority state legislature

Virginia 2015

Gig economy

Since 2015, Virginia has prohibited its cities and counties from regulating transportation network companies.

Law: Va. Code Ann. § 46.2-2099.46, 46.2-2099.47

Passed: 2015

By: Gov. Terry McAuliffe (D) and a Republican majority state legislature

Washington 2022

Gig economy

Since 2022, Washington state “preempts the field of regulating TNC networks and drivers. No county, city, town, or other municipal corporation may regulate TNCs or drivers, or impose any tax, fee, or other charge on a TNC company or driver.” Includes exceptions for airports, and allows large cities/counties to maintain existing ordinances in place prior to January 1, 2022, for purposes of collecting (but not increasing) taxes, fees, or other charges from TNCs or drivers and maintaining existing licensing systems, but preempts all other preexisting local ordinances.

Law: RCW 46.72B.190

Passed: 2022

By: Gov. Jay Inslee (D) and a Democratic majority state legislature

West Virginia 2015

Project labor agreements

Since 2015, West Virginia has prohibited cities and counties in West Virginia from requiring city contractors to abide by project labor agreements.

Law: W. Va. Code § 5-22-3

Passed: 2015

By: Gov. Earl Ray Tomblin (D) and a Republican majority state legislature

2016

Gig economy

Since 2016, West Virginia has prohibited its cities and counties from regulating transportation network companies.

Laws: W.V. Code § 17-29-19; W.V. Code § 17-29-1

Passed: 2016

By: Gov. Earl Ray Tomblin (R) and a Republican majority state legislature

Wisconsin 2005

Minimum wage

Since 2005, Wisconsin has prohibited its cities and counties from raising their local minimum wages above Wisconsin’s state minimum wage.

Law: Wis. Stat. § 104.001

Passed: 2005

By: Gov. Jim Doyle (D) and a Republican majority state legislature

2017

Fair Schedules

Since 2017, Wisconsin has prohibited its cities and counties from establishing any laws governing work schedules—such as laws requiring employers to give advance notice of work schedules or pay a premium for requiring workers to be “on call” for shifts. These laws are often referred to as “fair work scheduling” laws.

Law: WI Stat § 103.007

Passed: 2017

By: Gov. Scott Walker (R) and a Republican majority state legislature

 

2017

Project labor agreements

Since 2017, Wisconsin has prohibited its cities and counties from requiring city/county contractors to abide by project labor agreements.

Law: WI Stat § 16.75

Passed: 2017

By: Gov. Scott Walker (R) and a Republican majority state legislature

2017

Prevailing Wage

Since 2017, Wisconsin has prohibited its cities and counties from requiring city/county contractors to pay workers a prevailing wage.

Law: WI Stat § 66.0903

Passed: 2017

By: Gov. Scott Walker (R) and a Republican majority state legislature

2011

Paid leave

Since 2011, Wisconsin has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. Any existing local paid leave ordinances (including an ordinance in Milwaukee) were repealed.

Law: Wis. Stat. § 103.10(1m)

Passed: 2011

By: Gov. Scott Walker (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Wisconsin has prohibited its cities and counties from regulating transportation network companies.

Law: Wis. Stat. § 440.465

Passed: 2015

By: Gov. Scott Walker (R) and a Republican majority state legislature

Wyoming 2017

Gig economy

Since 2017, Wyoming has prohibited its cities and counties from imposing taxes on or requiring licenses for transportation network company drivers or from imposing a local rate, among other requirements, on transportation network companies. Includes exceptions for public airports.

Law: WY Stat § 31-20-111

Passed: 2017

By: Gov. Matt Mead (R) and a Republican majority state legislature

 

Note: New Jersey and Oregon have enacted statewide paid sick days laws that guarantee paid sick days for most workers, but also prohibit localities from passing more generous policies.

Source: Worker rights preemption in the U.S., the Economic Policy Institute's preemption law tracker.

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States have been blocking local labor laws for two decades, but the trend has picked up significantly since 2013

Updated June 2024

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