Employment Preemption Preemption: Every State Ranked (2026)

The District has no fair-workweek or predictive-scheduling law, but employers must pay one extra hour at minimum wage for any split shift and guarantee at least four hours of reporting-time pay each day.

The District of Columbia runs a universal, employer-funded paid-leave insurance program giving eligible workers up to 12 weeks of parental, family, or medical leave and 2 weeks of pre-natal leave each year, paid at up to 90% of wages.

The District sets a citywide minimum wage of $18.40 per hour as of July 1, 2026, applying to all workers regardless of employer size. DC Official Code § 32-1003 fixed a $15.00 floor in 2020 and raises it every July 1 by the Washington-area CPI.

Georgia preempts local predictable scheduling and fair workweek ordinances, preventing cities and counties from regulating employer shift practices for private workers.

Georgia preempts local governments from requiring private employers to provide paid leave, sick time, or other employment benefits beyond state and federal law.

Georgia prohibits local governments from setting minimum wages above state or federal levels under O.C.G.A. 34-4-3.1, a Title 34 preemption enacted in 2004 and broadened in 2017.

Missouri RSMo 290.528 preempts local regulation of employer wages and employment benefits, so cities and counties cannot impose fair-workweek or predictive-scheduling mandates. There is no statewide predictive-scheduling law.

Missouri RSMo 290.528 preempts local paid-leave and employment-benefit mandates. Voters approved statewide paid sick leave (Proposition A) in 2024, but the legislature repealed it effective August 28, 2025, so Missouri now has no statewide paid sick leave requirement.

Missouri RSMo 290.528 preempts local minimum wage ordinances, requiring cities and counties to follow the state minimum wage and barring higher local wage floors. The state wage itself is set by RSMo 290.502 and adjusts annually.

Ohio law preempts local predictive scheduling, fair workweek, and similar shift-notice ordinances, leaving employer scheduling unregulated by state mandate.

Ohio Senate Bill 331 added ORC 4113.85 preempting local paid sick leave, fringe benefit, and scheduling mandates on private employers statewide.

Ohio's constitutional minimum wage (Article II Section 34a) sets a state floor that adjusts annually with inflation, while ORC 4111.02 limits local action.

Wisconsin Statute 103.10 and 104.001 preempt local paid sick leave ordinances, blocking cities and counties from requiring private employers to provide paid time off beyond state and federal mandates.

Wisconsin preempts local predictive scheduling and fair workweek ordinances under Wis. Stat. 103.007, ensuring statewide uniformity for employer scheduling practices and forbidding municipal advance-notice mandates.

Wisconsin Statute 104.001 expressly preempts cities, villages, towns, and counties from establishing a minimum wage higher than the state minimum, ensuring uniform wage rules across Wisconsin.

Alaska's 2024 voter-approved Ballot Measure 1 created statewide paid sick leave under AS 23.10, while preserving local authority to enact higher leave standards.

Alaska sets a statewide minimum wage under AS 23.10.065 that adjusts annually for inflation, and the state does not preempt local governments from adopting higher minimum wage requirements.

California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours or five days annually effective January 2024, applying universally.

California sets a statewide minimum wage floor under Labor Code 1182.12, $16.90 per hour for all employers as of January 2026. Local governments are not preempted and may set higher minimums; many cities exceed the state rate substantially.

Colorado allows local governments to adopt minimum wages above the state rate under CRS 8-6-101, with statewide minimums adjusted annually for inflation.

Colorado requires paid sick leave under the Healthy Families and Workplaces Act and offers paid family medical leave through the FAMLI program funded by payroll premiums.

Maine's Earned Paid Leave law at 26 MRS section 637 grants employees one hour of paid leave per 40 hours worked, capped at 40 hours per year for covered employers.

Maine's minimum wage statute at 26 MRS section 664 sets a state floor while expressly permitting municipalities to enact higher local minimum wages above the state level.

Massachusetts sets a statewide minimum wage of $15.00 per hour under MGL Chapter 151, and generally preempts cities from adopting higher local minimum wages.

Massachusetts provides paid family and medical leave through the PFML program under MGL Chapter 175M, plus paid sick time under the Earned Sick Time Law for most employees.

Nevada requires private employers with 50+ employees to provide paid leave, with statewide standards limiting local government modification of leave rules.

Nevada sets minimum wage statewide through constitutional and statutory provisions, preempting local wage ordinances and standardizing employer obligations.

The New Jersey Earned Sick Leave Law at NJSA 34:11D provides up to 40 hours of paid sick time and preempts local sick leave ordinances, creating a single statewide standard.

New Jersey sets a uniform statewide minimum wage under NJSA 34:11-56a, scheduled to reach $15 per hour, with limited authority for municipalities to enact higher local wage floors.

New Mexico has enacted statewide paid sick leave through the Healthy Workplaces Act and does not preempt cities from adopting additional leave protections beyond state requirements.

New Mexico sets a statewide minimum wage but does not preempt local minimum wage ordinances, allowing cities and counties to set higher local minimums than state law.

New York Labor Law §652 sets a tiered statewide minimum wage that leaves no room for local wage ordinances. As of January 1, 2026 the rate is $17.00/hr in NYC, Long Island, and Westchester County, and $16.00/hr in the rest of the state, with inflation indexing starting 2027.

New York mandates paid sick leave under Labor Law § 196-b and paid family leave under Workers' Compensation Law Article 9, with statewide coverage that applies to nearly every private employer.

Virginia Code 40.1-33.3 et seq. requires paid sick leave only for certain home health workers; no general statewide paid leave mandate exists, and broad local paid leave ordinances face preemption.

Virginia's minimum wage under Code § 40.1-28.10 is $12.77 per hour in 2026, rising to $13.75 on January 1, 2027 and $15.00 on January 1, 2028. The state rate preempts localities from setting their own private-sector minimum wage.

Washington RCW 49.46.200 mandates paid sick leave for nearly all employees, and RCW 50A.04 provides paid family and medical leave funded by payroll premiums.

Washington RCW 49.46 sets a statewide minimum wage adjusted annually for inflation; as of 2026 it is $17.13 per hour. Washington does not preempt local minimum wages, so several cities set higher rates.

Alabama's Uniform Minimum Wage and Right-to-Work Act (Ala. Code § 25-7-40 et seq.) preempts cities and counties from setting a local minimum wage. Alabama has no state minimum wage, so the federal $7.25 rate is the floor statewide.

The Paid Leave for All Workers Act guarantees up to 40 hours of paid leave annually for nearly every Illinois employee, with limited carve-outs for jurisdictions with existing ordinances.

Iowa Code 331.301(6) preempts counties and cities from adopting minimum wage rates that exceed the Iowa state minimum wage of $7.25 per hour.

Louisiana defaults to the federal minimum wage and bars political subdivisions from setting local minimum wages, employment benefits, or vacation requirements for private employers.

Minnesota's Earned Sick and Safe Time law in Minn. Stat. 181.9445 to 181.9448 provides statewide accrual rights, while a separate state Paid Leave program under chapter 268B begins benefit payments in 2026.

Miss. Code Section 17-1-51 preempts Mississippi cities and counties from adopting local minimum wages, paid leave, or other employment-benefit mandates that exceed state or federal law.

North Dakota sets a uniform statewide minimum wage under NDCC 34-06, and political subdivisions cannot establish higher local wage floors for private employers.

Michigan minimum wage is set by the Improved Workforce Opportunity Wage Act (PA 337 of 2018). The Local Labor Regulatory Limitation Act (PA 105 of 2015, MCL §123.1381+) preempts local wage and scheduling ordinances. After the 2024 Mothering Justice ruling and 2025 legislation, scheduled step-ups reach $15.00 by 2027.

Michigan's Local Government Labor Regulatory Limitation Act preempts local predictive scheduling and fair workweek ordinances under MCL 123.1387.

Michigan preempts local paid leave ordinances; statewide paid sick leave is governed by the Earned Sick Time Act under MCL 408.961.

ORS 653.025 sets a three-tier statewide minimum wage and ORS 653.017 preempts cities and counties from adopting different local minimums.

ORS 653.412 to 653.485 require large retail, food, and hospitality employers to provide advance schedules and predictability pay.

ORS 653.601 mandates paid sick leave statewide, and Paid Leave Oregon under ORS Chapter 657B provides paid family and medical leave benefits.

Tennessee bars local governments from mandating paid sick or family leave on private employers under T.C.A. 50-2-112, leaving leave decisions to employer discretion.

Tennessee preempts local predictive scheduling and fair workweek ordinances under T.C.A. 50-2-112, preventing cities from regulating private employer scheduling practices.

Tennessee prohibits local governments from setting minimum wages above the federal floor under T.C.A. 50-2-112, reserving wage authority exclusively to the state.

Indiana law preempts cities and counties from setting a local minimum wage above the state and federal floor of $7.25, with limited exceptions for public contracts.

Indiana has no statewide paid sick leave law for private employers, and no Indiana city has enacted a local paid sick leave ordinance. State law does not require private employers to provide paid leave.

Kentucky has no predictive scheduling law, and state preemption prevents local governments from adopting fair workweek or scheduling ordinances. Employers retain broad discretion to set schedules under state and federal law.

Kentucky law sets the state minimum wage at the federal floor and bars local governments from establishing higher minimum wages. Court rulings have invalidated local ordinances that exceeded state law.

Montana sets a single statewide minimum wage under MCA 39-3-409, indexed annually to inflation ($10.85 in 2026). No Montana statute authorizes local governments to set their own or higher minimum wage, and no city has done so.

Montana has no statewide paid sick or family leave mandate for private employers, and its minimum-wage statutes neither authorize nor clearly preempt local paid-leave ordinances.

Rhode Island sets minimum wage statewide under RIGL Chapter 28-12, which reached $16.00 per hour effective January 1, 2026, generally preempting local minimum wage ordinances.

Rhode Island requires paid sick and safe leave statewide under RIGL Chapter 28-57, the Healthy and Safe Families and Workplaces Act, providing employees up to 40 hours of leave annually from employers with 18 or more workers.

South Carolina preempts local governments from setting minimum wage rates above the federal floor under Section 6-1-130 of the state code.

South Carolina has no statewide paid sick-leave or paid family-leave mandate, and no city has adopted one. Section 6-1-130 preempts only local minimum-wage rules, so no statute squarely preempts local paid-leave mandates, but none has been enacted.

Vermont sets a statewide minimum wage under 21 V.S.A. 384 but does not preempt local minimum wage ordinances, allowing municipalities to set higher rates.

Vermont's Earned Sick Time Act under 21 V.S.A. 481 establishes statewide paid sick leave for most employees, with limited preemption of local mandates.

Arizona preempts most local paid leave mandates, while requiring statewide earned paid sick time under Proposition 206 and ARS 23-371.

Hawaii has no general statewide paid sick leave mandate, but HRS Chapter 392 requires employers to provide temporary disability insurance for non-work injuries, and family leave is governed by HRS Chapter 398.

Kansas prohibits cities and counties from setting a local minimum wage above the state and federal floor for private employers.

Maryland requires earned sick and safe leave statewide and is implementing the Family and Medical Leave Insurance program for paid family leave.

Nebraska voters approved Initiative 436 in 2024, creating statewide paid sick leave effective October 1, 2025. The Healthy Families and Workplaces Act sits in Neb. Rev. Stat. chapter 48 and does not expressly preempt local paid leave ordinances.

RSA 279:21 sets the minimum wage by reference to federal law, currently $7.25, and effectively bars cities or towns from imposing higher local minimums.

Oklahoma law preempts cities and counties from setting minimum wages higher than the state and federal floor, locking local employers to the statewide standard wage rate.

South Dakota sets a uniform minimum wage under SDCL 60-11 indexed annually to inflation, and local governments cannot mandate higher wages within municipal limits.

Utah Title 34 Chapter 40 establishes the state minimum wage and preempts local governments from enacting their own minimum wage ordinances.

West Virginia sets a uniform minimum wage and overtime framework under W. Va. Code 21-5C, leaving little room for higher local minimum wages.

Wyoming sets a statewide minimum wage and preempts cities and counties from enacting higher local minimum wages, ensuring uniform pay floor rules across the state.

Florida Statute 509.032(7) and broader employment preemption framework prevent local governments from requiring private employers to follow predictive or fair-scheduling rules beyond state and federal law.

Florida Statute 218.077 prohibits local governments from establishing a minimum wage other than the state or federal rate, preempting city and county living-wage ordinances except for direct local government employees.

Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.

Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.

Act 643 of 2017 reserves wage regulation to the state, barring Arkansas cities and counties from setting a local minimum wage above the state rate. Local wage ordinances are void and unenforceable statewide.

Idaho Code 44-1502 preempts local minimum wage ordinances, holding all Idaho cities and counties to the state minimum wage of $7.25 per hour, the same as the federal floor.

North Carolina has no statewide predictive scheduling law and effectively preempts local fair workweek or predictive scheduling ordinances through its Wage and Hour Act framework.