Skip to main content
CityRuleLookup
Employment Preemption

Milwaukee's Relaxed Approach to Employment Preemption: What's Allowed

By CityRuleLookup Editorial Team

Milwaukee maintains 203 local ordinances across all categories, and 2 of those deal specifically with employment preemption. Here is a breakdown of what the city actually requires, what is prohibited, and where Milwaukee falls on the strict-to-permissive spectrum compared to other cities.

Wisconsin Act 21 of 2011 and Wis. Stat. §103.10 (2017 Act 67) preempt Milwaukee from mandating paid sick or family leave for private employers. Milwaukee's 2008 paid-sick-leave referendum was nullified by state law.

Key details: Preemption statute: Wis. Stat. §103.10. Earlier preemption: 2011 Wis. Act 16. Reinforced: 2017 Wis. Act 67. Milwaukee 2008 referendum: Nullified. Federal floor: FMLA (50+ employers).

A city ordinance mandating private-sector paid sick leave would be void on its face. Employers ignoring state and federal FMLA, however, remain liable for reinstatement, back pay, and DWD penalties.

Milwaukee is more permissive than most cities when it comes to paid leave preemption. That said, there are still limits.

Minimum Wage Preemption

Wisconsin's minimum wage tracks the federal $7.25 floor under Wis. Stat. §104.035. Wis. Stat. §104.001 (2017 Act 21) preempts Milwaukee from setting a higher local wage. The city's living wage applies only to its contractors.

Key details: Minimum wage: $7.25 / hour. Tipped wage: $2.33 / hour. Wage statute: Wis. Stat. §104.035. Preemption statute: Wis. Stat. §104.001. Local living wage: City contractors only.

An employer paying under $7.25 (or applicable youth/tipped rate) faces back-wage liability and Wisconsin DWD penalties. Cities passing universal local minimum wages would be void under §104.001.

If you are coming from a city with tighter rules, you will find Milwaukee gives residents more flexibility on minimum wage preemption.

The Bottom Line

Compared to many U.S. cities, Milwaukee gives residents more room on employment preemption. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

All of the above reflects Milwaukee's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.