Employment Preemption Preemption: Every State Ranked (2026)

Alabama Code Section 11-43-26 preempts cities and counties from setting local minimum wage rates, leaving the federal minimum wage as the floor statewide.

Alabama Code Section 11-43-26 preempts cities and counties from mandating paid sick leave, paid family leave, or other employment benefits beyond state and federal law.

Alabama Code Section 11-43-26 prevents local governments from imposing predictive scheduling, fair workweek, or shift notification mandates on private employers.

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.

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 has not enacted a statewide predictive or fair scheduling law, and the state does not preempt municipalities from adopting their own scheduling, on-call, or rest-period rules.

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.

Colorado has no statewide predictive scheduling law but permits local governments to adopt fair workweek and advance notice scheduling ordinances for employers.

Delaware sets a uniform statewide minimum wage under 19 Del.C. 902 and preempts local governments from establishing higher municipal minimum wages, with the rate scheduled to reach fifteen dollars by 2025.

Delaware administers paid family and medical leave under 19 Del.C. Chapter 37, with contributions starting in 2025 and benefits beginning in 2026, preempting most local paid leave mandates.

Delaware has no statewide predictive scheduling law, and local governments lack independent authority to mandate advance work schedules under the labor preemption framework of 19 Del.C. 902.

Georgia prohibits local governments from setting minimum wages above state or federal levels under Title 34 preemption enacted through HB 234.

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

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

Illinois sets a $15 statewide minimum wage under the Minimum Wage Law and permits home rule cities like Chicago to require higher local wages for covered employees.

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.

Illinois requires 24 consecutive hours of rest each calendar week and a meal break for shifts over 7.5 hours under the One Day Rest in Seven Act, with stricter local rules permitted.

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.

Iowa Code 331.301(6) and 364.3(12) preempt cities and counties from mandating private-sector paid leave benefits beyond state and federal law.

Iowa Code 331.301(6) and 364.3(12) bar cities and counties from imposing predictive scheduling, hiring, or workplace rules on private employers.

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

Louisiana law prevents parishes and municipalities from compelling private employers to provide paid sick leave, vacation, or other employee benefits beyond state and federal requirements.

Louisiana preempts local predictive or fair workweek scheduling ordinances, leaving private employer scheduling, on-call practices, and shift changes to state and federal law.

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.

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 has no statewide predictive scheduling mandate, leaving wage payment timing under 26 MRS section 621-A and allowing municipalities to enact local fair scheduling.

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.

Massachusetts has no statewide predictive scheduling law, leaving most scheduling rules to standard wage and hour law under MGL Chapter 151 with limited reporting-pay protections.

Minnesota's Fair Labor Standards Act in Minn. Stat. chapter 177 sets the state minimum wage but does not preempt local wage ordinances, allowing Minneapolis and Saint Paul to enforce higher local minimums.

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.

Minnesota does not preempt local scheduling laws, allowing cities like Minneapolis to enforce predictive scheduling and wage theft ordinances on top of state wage standards in chapter 177.

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.

Mississippi prohibits cities and counties from adopting local paid sick leave, paid family leave, or other employment-benefit mandates beyond state and federal law under Miss. Code Section 17-1-51.

Mississippi's employment preemption statute, Miss. Code Section 17-1-51, prevents cities from imposing predictive scheduling, fair workweek, or other work-hour ordinances on private employers.

Missouri RSMo 71.010 preempts local minimum wage ordinances, requiring cities and counties to follow only the state minimum wage and barring higher local wage floors approved by municipalities.

Missouri RSMo 71.010 also limits cities and counties from mandating paid leave or other employment benefits beyond state law, keeping benefit standards uniform across Missouri employers.

Missouri RSMo 71.010 preempts local predictive scheduling ordinances, preventing cities and counties from imposing fair workweek or advance-notice rules on private employers.

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

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

Nevada has no predictive scheduling law, with workplace scheduling governed by general wage-hour rules under NRS Chapter 608 and federal FLSA standards.

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.

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 has not enacted statewide predictive scheduling, but NJSA 34:11 wage and hour rules govern overtime and reporting time, leaving narrow scope for municipal scheduling ordinances.

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 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 has no statewide predictive scheduling law and does not preempt local scheduling ordinances, leaving authority to municipalities to enact fair workweek protections.

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

North Dakota does not require private employers to provide paid sick or family leave, and statewide labor statutes leave benefits to employer discretion or federal law.

North Dakota has no predictive or fair scheduling law, and statewide labor statutes preempt cities from imposing private-sector scheduling mandates on employers.

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.

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

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

Virginia Code 40.1-28.10 sets a statewide minimum wage that exceeds the federal floor and preempts localities from establishing their own higher minimum wage rates for private sector workers.

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 has no statewide predictive scheduling law, and Dillon Rule limits leave localities without authority to impose fair workweek or scheduling premium ordinances on private employers.

Washington RCW 49.46 establishes a state minimum wage with annual CPI adjustments and permits cities to set higher local minimum wages, unlike many preemption states.

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 has no statewide predictable scheduling law and does not preempt local rules, allowing cities like Seattle to enforce secure scheduling ordinances.

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.

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.

California sets a statewide minimum wage floor under Labor Code 1182.12, currently $16.50 per hour for all employers as of 2025. Local governments are not preempted and may set higher minimums; many cities exceed the state rate substantially.

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.

New York Labor Law § 652 sets minimum wage rates by region statewide and bars local governments from establishing their own minimum wages above or below the state schedule.

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.

Arizona's ARS 23-204 preempts cities and counties from adopting employer wage rules beyond the state minimum wage and benefits framework.

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

Arizona's ARS 23-204 prevents cities from enacting predictive scheduling, fair workweek, or shift change pay ordinances on private employers.

Connecticut establishes a uniform minimum wage statewide under CGS Section 31-58, with scheduled increases preempting separate municipal wage laws.

Connecticut administers paid sick leave under CGS 31-57r and paid family medical leave under the CT Paid Leave Authority, preempting local mandates.

Connecticut has not enacted statewide predictive scheduling or fair workweek legislation, leaving most schedule rules to employer discretion under CGS Title 31.

Hawaii Revised Statutes Chapter 387 sets the statewide minimum wage and governs employer wage obligations. The statute establishes a uniform statewide floor that scheduled increases apply to all counties equally.

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.

Hawaii has not enacted a statewide predictive scheduling or fair workweek law. Wage-and-hour rules under HRS Chapter 387 govern overtime and reporting time, but advance scheduling notice is not generally required.

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 preempts cities and counties from requiring private employers to provide paid sick leave, vacation, or other benefits exceeding state and federal law.

Indiana preempts local predictive or fair scheduling ordinances, barring cities from requiring private employers to provide advance schedule notice or premium pay.

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

Kansas prevents cities and counties from requiring private employers to provide paid sick leave, vacation, or other paid time off benefits.

Kansas prohibits cities and counties from imposing predictive scheduling, fair workweek, or shift posting requirements on private employers.

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.

Kentucky has no statewide paid sick leave mandate, and state law preempts local ordinances requiring employer-provided paid leave. Private employers set their own leave policies subject to federal protections.

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.

Maryland sets a statewide minimum wage under Labor and Employment Article 3-413 but allows charter counties like Montgomery and Howard to set higher local wages.

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

Maryland has no statewide predictive scheduling law but allows local jurisdictions to enact fair workweek rules; Montgomery County is studying such rules.

Michigan's Local Government Labor Regulatory Limitation Act preempts local minimum wage ordinances, reserving wage-setting to the state legislature.

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

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

Montana sets a statewide minimum wage under MCA 39-3-409, while MCA 39-3-411 historically allows local governments to set higher minimum wages within their jurisdictions.

Montana has no statewide paid sick or family leave mandate, and the state's wage statute MCA 39-3-411 does not clearly authorize or preempt local paid leave ordinances.

Montana has no statewide predictive scheduling law, and no Montana local government has enacted scheduling mandates of the kind seen in larger US cities.

Nebraska's Wage and Hour Act sets a statewide minimum wage that rises to $15 by January 1, 2026 under Initiative 433. Neb. Rev. Stat. 48-1201 et seq. does not preempt cities, so political subdivisions may set higher local minimum wages.

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.

Nebraska has not enacted predictive or fair-scheduling legislation. Employers follow federal Fair Labor Standards Act and Nebraska Wage and Hour Act rules, and no statute expressly preempts local scheduling ordinances, though none have been adopted.

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.

Granite State Paid Family Leave under RSA 21-I:99 offers a voluntary insurance program; no state mandate exists and municipalities cannot require paid leave.

New Hampshire has no predictive scheduling law, and RSA 275 leaves wage and scheduling rules to the state, blocking municipal fair workweek ordinances.

North Carolina preempts local minimum wage ordinances under NCGS 95-25.1, requiring employers statewide to follow the state and federal minimum wage of $7.25 per hour.

North Carolina has no statewide paid sick leave mandate and preempts local governments from requiring paid leave or benefits from private employers under the state Wage and Hour Act.

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.

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.

Oklahoma bars municipalities from mandating employer-paid sick leave, family leave, or other employment benefits that exceed federal and state baseline requirements under Title 40.

Oklahoma preempts local predictive scheduling and fair workweek ordinances, keeping shift and scheduling regulation uniform under state employment law in Title 40.

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

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

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

Pennsylvania's minimum wage stays at the federal floor of $7.25 per hour, and Act 33 of 2006 preempts municipalities from enacting higher local minimum wages within the Commonwealth.

Pennsylvania does not have a statewide paid sick or family leave mandate, and state courts have largely permitted home-rule cities like Philadelphia and Pittsburgh to adopt local paid sick leave laws.

Pennsylvania has no statewide predictive scheduling law and has not preempted municipal action, allowing Philadelphia's Fair Workweek Ordinance to require advance schedules and predictability pay for certain employers.

Rhode Island sets minimum wage statewide under RIGL Chapter 28-12, with the rate scheduled to reach $15.00 per hour by January 1, 2025, 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.

Rhode Island has not enacted statewide predictive scheduling or fair workweek legislation, leaving employee scheduling primarily to employer discretion under existing wage and hour laws in RIGL Title 28.

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 prohibits local governments from mandating paid sick leave or paid family leave benefits on private employers beyond state law.

South Carolina blocks local predictive scheduling and fair workweek ordinances on private employers under broad employment preemption authority.

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.

South Dakota has no statewide paid sick or family leave mandate, and municipalities lack express authority to require private employers to provide paid leave.

South Dakota imposes no statewide predictive scheduling law, and cities lack express authority to require advance notice or premium pay for shift changes.

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.

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.

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

Utah preempts local paid leave mandates through employment regulation provisions, leaving private-sector leave benefits to employer discretion or state law.

Utah preempts local predictive scheduling and fair workweek ordinances by reserving employment scheduling regulation to the state Legislature.

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.

Vermont has no statewide predictive scheduling law and does not expressly preempt local scheduling ordinances, leaving municipalities limited regulatory authority.

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

West Virginia has no statewide private-sector paid sick leave mandate, and local governments have limited authority to impose paid leave on private employers.

West Virginia has no statewide predictive scheduling law and no broadly recognized authority for cities to impose fair workweek mandates.

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.

Wyoming has no statewide paid sick or family leave mandate, and the state's labor framework limits local authority to impose paid leave on private employers.

Wyoming has not enacted predictive or fair scheduling laws and the state labor framework leaves little authority for local governments to impose scheduling mandates.

Arkansas Code 11-4-203 reserves wage regulation to the state, preempting cities and counties from setting local minimum wages above the state minimum. Local ordinances mandating higher wages are void and unenforceable statewide.

Arkansas Code 11-4-203 preempts cities and counties from mandating paid sick leave, paid family leave, or other employer-provided leave benefits. Leave policies remain a matter of state law and individual employer discretion across Arkansas.

Arkansas Code 11-4-203 preempts local governments from enacting predictive or fair-workweek scheduling rules on private employers. Scheduling practices remain governed by state law and individual employer policies across all Arkansas jurisdictions.

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.

Florida Statute 218.077 and 448.110 framework, combined with FS 125.01045 and 166.04151 limits, preempt local mandates requiring private employers to provide paid sick leave or other employment benefits beyond state law.

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.

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.

Idaho Code 44-1502 preempts local government mandates on employee benefits including paid sick leave and paid family leave, leaving leave benefits to employer discretion or federal law statewide.

Idaho Code 44-1502 preempts local predictive scheduling, fair workweek, and similar employment ordinances, blocking cities from imposing advance-notice or premium-pay scheduling rules on private employers.

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.

HB 2127 (2023), the Texas Regulatory Consistency Act, preempts municipal predictive or fair workweek scheduling ordinances. Texas cities cannot require employers to provide advance schedule notice, predictability pay, or rest periods between shifts beyond state law.