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

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.

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 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)

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: S.B. 668 (Ark. 91st Gen. Assem. Reg. Sess. 2017)

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: S.B. 668 (Ark. 91st Gen. Assem. Reg. Sess. 2017)

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: Ark. Code § 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: S.B. 668 (Ark. 91st Gen. Assem. Reg. Sess. 2017)

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. HB 599 (Reg. Session 2017)

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. HB 599 (Reg. Session 2017)

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. The law also states that a “TNC is not deemed to own, control, operate, direct, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract” (which means drivers won’t meet the legal test to be considered employees, and will be considered independent contractors).

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: Georgia HB 243 (Reg. Session 2017)

Passed: 2017

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

Hawaii 2016

Gig economy

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

Law: HI Rev Stat § 431:10C-703

Passed: 2016

By: Gov. David Ige (R) 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

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 2015

Gig economy

Since 2015, Illinois law has prohibited any “unit of local government, whether or not it is a home rule unit,” from regulating “transportation network companies, transportation network company drivers, or transportation network company services in a manner that is less restrictive than the regulation by the State.”

Law: 625 ILCS 57/32

Passed: 2015

By: Gov. Bruce Rauner (R) and a Democratic majority state legislature

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, transportation network company drivers are assumed to be independent contractors and not employees if certain requirements are met.

Law: In.C. § 8-2.1-19.1-4

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: Iowa HF 295 (Reg. Session 2017)

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: Iowa HF 295 (Reg. Session 2017)

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 S.F. 483 (Reg. Session 2017)

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: Iowa HF 295 (Reg. Session 2017)

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

 2015

Gig economy

Since 2015, according to Kansas law, “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: K.S.A. § 8-2702

Passed: 2015

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

2018

Gig economy

Since 2018, Kentucky has prohibited local governments from regulating “marketplace contractors” as employees. Marketplace contractors are assumed to be independent contractors and not employees if certain requirements are met. (“Marketplace contractor” is defined as “a person or entity that enters into an agreement with a marketplace platform to use its digital network or mobile application to receive connections to third party individuals or entities seeking services.”)

Law: HB 220 Reg. Session 2018

Passed: 2018

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

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.

Law: Mich. Comp. Laws Ann. § 408.875

Passed: 2012

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

2016

Gig economy

Since 2016, according to Missouri law, “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: Mo. Rev. Stat. § 379.1700

Passed: 2016

By: Gov. Jay Nixon (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 2014, according to Nevada law, “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: Nev. Rev. Stat. 706A.090

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. New Hampshire 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: 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

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. New Mexico 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.” (This definition will make it more difficult for a court to find that TNCs are employers.)

Law: N.M. Stat. Ann. § 65-7-2

Passed: 2016

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

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.

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

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. The law also states that “a transportation network company shall not be deemed to own, control, direct, or manage the personal vehicles used by transportation network company drivers and is not deemed to control or manage transportation network company drivers.” (This definition will make it more difficult for a court to find that TNCs are employers.)

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

2015

Gig economy

Since 2015, according to Texas law, “a transportation network company does not control, direct, or manage a personal vehicle or a transportation network company driver who connects to the company’s digital network except as agreed by written contract.” (This definition will make it more difficult for a court to find that TNCs are employers.)

Law: Tex. Code Ann. § 1954.102

Passed: 2015

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. Since 2018, anyone who uses an online platform to find work and performs one of the following building services is considered to be an independent contractor, if the charge for the service is $3,000 or less: cleaning or janitorial; furniture delivery, assembly, moving, or installation; landscaping; home repair; or any service similar to the services described above.

Laws: Utah Code Ann. § 13-51-109; HB 364 Reg. Session 2018

Passed: 2015, 2018

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

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. Since 2016, West Virginia law also states that “a transportation network company does not 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.)

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

Project labor agreements

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

Law: Wis. SB 3 (Reg. Session 2017)

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. The 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: Wyo. Stat. Ann. § 31-20-110

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 August 2019

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