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

Preemption Map Data - 2025

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 Heat standards HS info
Alabama 2016

Minimum wage

Since 2016, Alabama has prohibited local governments 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 local governments 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.
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 local governments from requiring 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 local governments 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, 2022

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. Additionally, a TNC may not control, direct, or manage the personal vehicle or the TNC driver who connects to its digital network, except where agreed to by written contract. Finally, since 2022, according to Alabama law, a “marketplace contractor shall not be deemed to be an employee of a marketplace platform” as long as certain conditions are met.
Laws: AL Code § 32-7C-36 and AL Admin Code R 770-X-12-.02 (2018), Ala. Code § 25-4-10 (2022)
Passed: 2018, 2022
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. Alaskan law also dictates that “a transportation network company driver is an independent contractor for all purposes and is not an employee of the transportation network company” as long as certain conditions are met.
Law: Alaska Stat. Ann. § 29.35.148, AK Stat § 28.23.080
Passed: 2017
By: Gov. Bill Walker (I), a Republican majority state senate, and a Democratic state hous

Arizona 1997

Minimum Wage

In 1997, Arizona passed a law prohibiting local governments from raising their local minimum wages above Arizona’s state minimum wage. In 2006, that law was repealed by Proposition 202. As of 2024, Arizona no longer preempts local minimum wage laws.
Law: 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 2016, Arizona has prohibited local governments 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.
Law: AZ Rev. Stat. § 23-205
Passed: 2016
By: Gov. Doug Ducey (R) and a Republican majority state legislature

2011

Project labor agreements

Since 2011, Arizona has prohibited local governments 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 local governments 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. A 2023 decision by Arizona Attorney General Kris Mayes argued that the 2006 repeal of the minimum wage preemption law also allowed for local governments to set prevailing wage standards. However, the Superior Court of Arizona Maricopa County decided in June 2024 that the 2006 minimum wage law did not contradict the 1984 prevailing wage preemption and the preemption still stood. As of 2024, Arizona preempts prevailing wage standards.
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 local governments 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: Ariz. Rev. Stat 23-204
Repeal: UFCW Local 99 v. Arizona
Passed: 2016
Repealed: 2017
Passed by: Gov. Doug Ducey (R) and a Republican majority state legislature
Repealed by: Court case

2015, 2016

Gig economy

Since 2015, Arizona has prohibited local government entities, other than public airport operators, from regulating transportation network companies. Additionally, a transportation network company (TNC) “may but is not deemed to own, operate or control a personal motor vehicle of a transportation network company driver.” Since 2016, according to Arizona law, “a qualified marketplace contractor shall be treated as an independent contractor for all purposes under state and local laws, regulations and ordinances, including employment security laws prescribed in chapter 4 of this title and workers’ compensation laws prescribed in chapter 6 of this title,” if certain conditions are met.
Laws: Ariz. Rev. Stat. § 28-142 and AZ Stat § 28-9551 (2015), Ariz. Rev. Stat. § 23-1603 (2016)
Passed: 2015, 2016
By: Gov. Doug Ducey (R) and a Republican majority state legislature

Arkansas 2017

Minimum wage

Since 2017, Arkansas has prohibited local governments 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 local governments 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.
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 local governments 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 local governments 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 local governments 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 local governments 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 local governments 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. In 2022, the law was revised to provide some exceptions for public school contracts and other public or non-profit entities. Additionally, Colorado law dictates that “a driver need not be an employee of a transportation network company.”
Law: C.R.S. § 40-10.1-602:605
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, 2 DE Code § 1901
Passed: 2016
By: Gov. Jack Markell (D) and a Democratic majority state legislature

Florida 2003, 2024

Minimum wage

Since 2003, Florida has prohibited local governments from raising their local minimum wages above Florida’s state minimum wage. In 2024, Florida expanded this law to prohibit local governments from controlling the wages or employment benefits of private employers they contract with.
Law: Fla. Stat. § 218.077
Passed: 2003, 2024
By: Gov. Jeb Bush (R) (2003) and Gov. Ron DeSantis (R) (2024) and a Republican majority state legislature

2024

Fair schedules

Since 2024, Florida has prohibited local governments from establishing any laws governing work schedules, including predictive scheduling, 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.
Law: Fla. Stat. § 448.077
Passed: 2024
By: Gov. Ron DeSantis (R) and a Republican majority state legislature

2017

Project labor agreements

Since 2017, Florida has prohibited local governments from requiring city/county contractors to abide by project labor agreements, unless a county or municipality is the sole source of the public works project’s funding.
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 local governments from requiring city/county contractors to pay workers a prevailing wage, unless a county or municipality is the sole source of the public works project’s funding.
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 local governments from requiring employers to provide employees paid sick days or paid family leave.
Law: Fla. Stat. § 448.077
Passed: 2013

2017, 2018

Gig economy

Since 2017, Florida has prohibited localities from regulating transportation network companies or their drivers. TNC drivers are assumed to be independent contractors and not employees if certain requirements are met. Since 2018, Florida law defines a “marketplace contractor” as “an independent contractor, and not as an employee, of the marketplace platform for all purposes under state and local laws, regulations, and ordinances” if certain conditions are met.
Law: FL Stat. § 627.748 (2017), FL Stat § 451.02 (2018)
Passed: 2017, 2018
By: Gov. Rick Scott (R) and a Republican majority state legislature

2024

Heat standards

Since 2024, Florida has prohibited local governments from creating workplace heat exposure regulations beyond those required under federal or state law (no such regulation currently exists).
Law: Fla. Stat. § 448.106
Passed: 2024
By: Gov. Ron DeSantis (R) and a Republican majority state legislature

Georgia 2004

Minimum wage

Since 2004, Georgia has prohibited local governments 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 local governments 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 local governments from requiring city/county contractors to abide by project labor agreements.
Law: Ga. Code § 13-10-3
Passed: 2017
By: Gov. Nathan Deal (R) and a Republican majority state legislature

2004

Paid leave

Since 2004, Georgia has prohibited local governments from requiring employers to provide employees paid sick days or paid family leave.
Law: Ga. Code Ann. § 34-4-3.1
Passed: 2017
By: Gov. Sonny Perdue (R), a Republican majority state senate, and a Democratic majority state house

2015, 2016, 2022

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. Since 2016, according to Georgia law, “transportation network company driver” or “driver” means an individual who uses or permits to be used his or her personal vehicle to provide transportation network company services. Such driver need not be an employee of a transportation network company. In 2022, Georgia additionally passed a bill defining ride-hail and delivery workers as independent contractors as long as the companies they work for adhere to certain conditions.
Law: GA Code § 40-1-191 (2015), GA Code § 33-1-24 (2016), GA Code § 34-8-35 (2022)
Passed: 2017
By: Gov. Nathan Deal (2015, 2016) and Gov. Brian Kemp (2022) and a Republican majority state legislature

Hawaii 2022

Gig economy

In 2022, Hawaii established 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: Haw. Rev. Stat. § 279J-12
Passed: 2022
By: Gov. Josh Green (D) and a Democratic majority state legislature

Idaho 2016

Minimum wage

Since 2016, Idaho has prohibited local governments 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 local governments 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 local governments 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.” Additionally, a transportation network company (TNC) “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.”
Law: Id. Code Ann. § 49-3715, ID Code § 41-2518
Passed: 2015
By: Gov. Butch Otter (R) and a Republican majority state legislature

Indiana 2011

Minimum wage

Since 2011, Indiana has prohibited local governments 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 local governments 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.
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 local governments 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 local governments 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, 2018

Gig economy

Since 2015, Indiana has prohibited units of local government from regulating services of transportation network companies or TNC drivers. Additionally, according to Indiana law, “Except as otherwise provided in a written contract: (1) a TNC driver who connects to a TNC’s digital network is an independent contractor of the TNC; and (2) a TNC is not considered to…control, direct, or manage a TNC driver who connects to the TNC’s digital network.” Since 2018, according to Indiana law, “a marketplace contractor shall be treated as an independent contractor for all purposes under state law and ordinances and resolutions adopted by political subdivisions” if certain conditions apply.
Laws: IN Code § 36-9-2-4 and IN Code § 8-2.1-19.1-4 (2015), IN Code § 22-1-6-3 (2018)
Passed: 2015, 2018
By: Gov. Mike Pence (R) (2015) and Gov. Eric Holcomb (R) (2018) and a Republican majority state legislature

Iowa 2017

Minimum wage

Since 2017, Iowa has prohibited local governments 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 local governments 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.
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 local governments 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 local governments 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, 2018

Gig economy

Since 2016, transportation network companies have been regulated exclusively by the state. Additionally, “a transportation network company is not deemed to control, direct, or manage a transportation network company driver that connects to its digital network, or the driver’s personal vehicle, except as agreed to by the company and the driver pursuant to a written contract.” Since 2018, according to Iowa law, a “marketplace contractor shall be treated as an independent contractor, and not an employee of a marketplace platform, for all purposes under state or local law,” if certain conditions are met.
Laws: Ia. Code Ann. § 321N (2016), IA Code § 93.2 (2018)
Passed: 2016, 2018
By: Gov. Terry Branstad (R) and a split majority state legislature (2016), Gov. Kim Reynolds (R) and a Republican majority state legislature (2018)

Kansas 2013

Minimum wage

Since 2013, Kansas has prohibited local governments 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 local governments 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.
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 local governments 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 local governments 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 local governments 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 local governments 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: KRS 65.016
Passed: 2017
By: Gov. Matt Bevin (R) and a Republican majority state legislature

2017

Prevailing wage

Since 2017, Kentucky has prohibited local governments from requiring city/county contractors to pay workers a prevailing wage.
Law: KRS 65.016
Passed: 2017
By: Gov. Matt Bevin (R) and a Republican majority state legislature

2017

Paid leave

Since 2017, Kentucky has prohibited local governments from requiring employers to provide employees with any “fringe benefit,” such as paid leave.
Law: KRS 65.016
Passed: 2017
By: Gov. Matt Bevin (R) and a Republican majority state legislature

2015, 2018

Gig economy

Since 2015, Kentucky has prohibited local governments from imposing fees or taxes over $30 on transportation network companies. Note: Though the state preempts regulation for small municipalities, Kentucky does allow 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. 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.
Law: K.R.S. § 281.631 and § 281.635 (2015), KRS 336.137 (2018)
Passed: 2015, 2018
By: Gov. Steve Beshear (D) and a split majority state legislature (2015); Gov. Matt Bevin (R) and a Republican majority state legislature (2018)

Louisiana 1997

Minimum wage

Since 1997, Louisiana has prohibited local governments 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 local governments 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 local governments 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 local governments 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 local governments from establishing paid sick leave requirements that differ from the state standards.
Law: MSR Title 26 §637
Passed: 2019
By: Gov. Janet Mills (D) and a Democratic majority state legislature

2015

Gig economy

Since 2015, Maine has prohibited local governments from regulating transportation network companies, their drivers, and personal vehicles used in connection with transportation network services.
Law: Sec. 1. 24-A MRSA c. 93 § 1677
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 local governments from establishing paid sick leave requirements that differ from the state standards.
Law: Md. Code, Lab. & Empl. § 3-1302
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 local governments can level on transportation network companies (with exemptions for jurisdictions that already had a tax in place prior to 2015).
Law: MD Pub Util 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 local governments 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. 18
Passed: 2016
By: Gov. Charlie Baker (R) and a Democratic majority state legislature

Michigan 2015

Minimum wage

Since 2015, Michigan has prohibited local governments 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 local governments 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.
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 local governments 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 local governments 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 local governments 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

Since 2017, Michigan has prohibited local governments from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers. Additionally, “a transportation network company driver shall be considered an independent contractor, and not an employee of a transportation network company,” if certain conditions are met.
Law: MCL § 257.2115, MCL § 257.2137
Passed: 2016
By: Gov. Rick Snyder (R) and a Republican majority state legislature

Mississippi 2013

Minimum wage

Since 2013, Mississippi has prohibited local governments 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 local governments 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 local governments 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 local 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. Also according to Mississippi 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” and “Drivers shall be independent contractors and not employees of the transportation network company” if certain conditions are met.
Laws: Miss. Code Ann. §77-8-37, -1, -2
Passed: 2016
By: Gov. Phil Bryant (R) and a Republican majority state legislature

Missouri 2015, 2017

Minimum wage

Since 2015, Missouri has prohibited local governments 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 Rev Stat § 290.528
Passed: 2015, 2017
By: Republican majority state legislature override of Gov. Jay Nixon’s (D) veto (2015), Gov. Eric Greitens (R) and a Republican majority state legislature (2017 amendment)

2017

Project labor agreements

Since 2017, Missouri has prohibited local governments from requiring city/county contractors to abide by project labor agreements.
Law: MO Rev Stat § 34.209
Passed: 2017
By: Gov. Eric Greitens (R) and a Republican majority state legislature

2015

Paid leave

Since 2015, Missouri has prohibited local governments from requiring employers to provide employees paid sick days or paid family leave.
Law: MO Rev Stat § 290.528
Passed: 2015
By: A Republican majority state legislature, who overrode Gov. Jay Nixon’s (D) veto to pass the law

2016, 2017

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.” 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.
Laws: Mo. Rev. Stat. § 379.1700 (2016), Mo. Rev. Stat. § 387.430 (2017)
Passed: 2016, 2017
By: Gov. Jay Nixon (R) (2016) and Gov. Eric Greitens (2017) and a Republican majority state legislature

Montana 1999

Project labor agreements

Since 1999, Montana has prohibited local governments 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 local governments from imposing taxes on or requiring licenses for transportation network company drivers or imposing a local rate, among other requirements, on transportation network companies. Also, according to Montana law, “a transportation network carrier may not be deemed to control, direct, or manage the personal vehicles or transportation network carrier drivers that connect to its digital network, except where agreed to by written contract.”
Law: MT Code Ann. § 69-12-342, MT Code § 69-12-101
Passed: 2015
By: Gov. Steve Bullock (R) and a Republican majority state legislature

Nevada 2015

Project labor agreements

Since 2015, Nevada has prohibited local governments 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)

2015

Gig economy

Since 2015, according to Nevada law, TNCs are “prohibited from controlling, directing or managing driver, motor vehicle operated by driver, monitored autonomous vehicle provider or monitored autonomous vehicle operated by monitored autonomous vehicle provider.” Nevada has also prohibited local governments 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.090, Nev. Rev Stat. § 706A.310
Passed: 2015
By: Gov. Brian Sandoval (R) and a Republican majority state legislature (2015)

New Hampshire 2016, 2018

Gig economy

Since 2016, New Hampshire has prohibited local governments 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. Since 2018, New Hampshire law specifies that “TNC drivers are presumed to be independent contractors and not employees of the TNC” provided certain conditions are met.
Law: NH Rev Stat § 359-U:17 (2016), NH Rev Stat § 359-U20 (2018)
Passed: 2016, 2018
By: Gov. Maggie Hassan (D) and a Republican majority state legislature (2016); Gov. Chris Sununu (R) and a Republican majority state legislature (2018)

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 local governments from establishing paid sick leave requirements that differ from the state standards.
Law: NJ Rev Stat § 34:11D-8
Passed: 2018
By: Gov. Phil Murphy (D) and a Democratic majority state legislature

2017

Gig economy

Since 2017, New Jersey has prohibited local governments 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: 2017
By: Gov. Chris Christie (R) and a Democratic majority state legislature

New Mexico 2016

Gig economy

Since 2016, New Mexico has prohibited local governments 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.”
Law: N.M. Stat. Ann. § 65-7-2, N.M. Stat. Ann. § 65-7-18
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 local governments 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 local governments 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 local governments 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 local governments from regulating transportation network companies or from imposing taxes on or requiring a license for transportation network company drivers. Additionally, according to North Carolina law, “a rebuttable presumption exists that a TNC driver is an independent contractor and not an employee. The presumption may be rebutted by application of the common law test for determining employment status.”
Law: N.C. Gen. Stat. § 20-280.8-10
Passed: 2015
By: Gov. Pat McCrory (R) and a Republican majority state legislature

North Dakota 2019

Minimum wage

Since 2019, North Dakota has prohibited local governments from raising their local minimum wages above North Dakota’s state minimum wage.
Law: N.D. Cent. Code § 34-0
Passed: 2019
By: Gov. Doug Burgum (R) and a Republican majority state legislature

2013

Project labor agreements

Since 2013, North Dakota has prohibited local governments 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 local governments 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, 2019

Gig economy

Since 2015, North Dakota has prohibited local governments 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. Since 2019, according to North Dakota law, a transportation network company may not be deemed to control, direct, or manage the personal vehicles or participating drivers that connect to the transportation network company’s online-enabled application or platform, unless agreed to by written contract.
Law: N.D. Cent. Code § 39-34-06 (2015), ND Stat § 26.1-40.1 (2019)
Passed: 2015, 2019
By: Gov. Jack Dalrymple (R) (2015) and Gov. Doug Burgum (2019) and a Republican majority state legislature

Ohio 2016

Minimum wage

Since 2016, Ohio has prohibited local governments 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 local governments 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.
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 local governments 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 local governments 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.” Additionally, sections of Ohio state code covering minimum wage, workers’ compensation, unemployment, and wage payment “do not apply to transportation network companies with regard to transportation network company drivers and transportation network company drivers are not employees for purposes of those chapters or sections, except where agreed to by written contract.” A driver is not an employee for purposes of state code on whistleblower and employee reporting protections and “nothing in this division shall be construed to create an employer and employee relationship between a transportation network company driver and a transportation network company.”
Law: Ohio Rev. Code § 4925.09-10
Passed: 2016
By: Gov. John Kasich (R) and a Republican majority state legislature

Oklahoma 2014

Minimum wage

Since 2014, Oklahoma has prohibited local governments from raising their local minimum wages above Oklahoma’s state minimum wage.
Law: Okla. Stat. 40-160
Passed: 2014
By: Gov. Mary Fallin (R) and a Republican majority state legislature

2012

Project labor agreements

Since 2012, Oklahoma has prohibited local governments from requiring city contractors to abide by project labor agreements.
Law: 61 OK Stat § 83
Passed: 2012
By: Gov. Mary Fallin (R) and a Republican majority state legislature

2014

Paid leave

Since 2014, Oklahoma has prohibited local governments from requiring employers to provide employees paid sick days or paid family leave.
Law: Okla. Stat. 40-160
Passed: 2014
By: Gov. Mary Fallin (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, Oklahoma has prohibited local governments 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.”
Law: Okla. Stat. tit. 47, § 1011, 1030
Passed: 2015
By: Gov. Mary Fallin (R) and a Republican majority state legislature

Oregon 2001

Minimum wage

Since 2001, Oregon has prohibited local governments 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 local governments 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 local governments 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 local governments 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 local governments from establishing paid sick leave requirements that differ from the state standards.
Law: RI Gen L § 28-57-8
Passed: 2017
By: Gov. Gina Raimondo (D) and a Democratic majority state legislature

2016

Gig economy

Since 2016, Rhode Island has prohibited local governments 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. Additionally, “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,” and “TNC drivers shall be independent contractors and not employees of the TNC if they are determined to meet federal and state law and regulation relating to independent contractors, and the TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.”
Law: R.I. Gen. Laws § 39-14.2
Passed: 2016
By: Gov. Gina Raimondo (R) and a Democratic majority state legislature

South Carolina 2002

Minimum wage

Since 2002, South Carolina has prohibited local governments 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 local governments 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 local governments from requiring employers to provide employees paid sick days or paid family leave.
Law: SC Code § 41-1-25
Passed: 2017
By: Gov. Henry McMaster (R) and a Republican majority state legislature

2015

Gig economy

Since 2015, South Carolina has prohibited local governments 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 local governments 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, 2022

Gig economy

Since 2016, South Dakota has prohibited local governments from regulating insurance requirements for transportation network companies beyond the state law. Additionally, 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.” Since 2022, under South Dakota law, a “delivery facilitation contractor” is an independent contractor and not an employee of the “delivery facilitation platform”; the law specifies that “delivery facilitation platforms” include but are not limited to transportation network companies.
Laws: S.D. Cod. Laws § 32-40 (2016), S.D. Codified Laws § 60-1-7 (2022)
Passed: 2016, 2022
By: Gov. Dennis Daugaard (R) (2016) and Gov. Kristi Noem (R) (2022) and a Republican majority state legislature

Tennessee 2013

Minimum wage

Since 2013, Tennessee has prohibited local governments 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 local governments 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.
Law: Tenn. Code Ann. § 7-51-1802
Passed: 2017
By: Gov. Bill Haslam (R) and a Republican majority state legislature

2011

Project labor agreements

Since 2011, Tennessee has prohibited local governments 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 local governments 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 local governments from requiring employers to provide employees paid sick days or paid family leave.
Law: Tenn. Code Ann. § 50-2-112
Passed: 2013
By: Gov. Bill Haslam (R) and a Republican majority state legislature

2015, 2018

Gig economy

Since 2015, Tennessee has prohibited local governments 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.” Since 2018, according to Tennessee law, “a marketplace contractor is an independent contractor and not an employee of the marketplace platform for all purposes under state and local laws, rules, ordinances, and resolutions” if certain conditions are met.
Laws: Tenn. Code Ann. § 65-15-302 (2015), TN Code § 50-8-102 (2018)
Passed: 2015, 2018
By: Gov. Bill Haslam (R) and a Republican majority state legislature

Texas 2003

Minimum wage

Since 2003, Texas has prohibited local governments 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

2023

Fair schedules

In 2023, Texas passed a sweeping preemption law blocking local governments from passing laws in any area covered by the state’s codes on agriculture, business and commerce, finance, insurance, labor, local government, natural resources, occupations, or property. This includes fair scheduling laws. Several cities immediately sued Texas over this law and a District Court ruled the bill unconstitutional. The state appealed the decision, however, and the law went into effect on September 1, 2023. No date has been set for the appeal hearing.
Law: Texas Regulatory Consistency Act (HB 2127/SB 814)
Passed: 2023
By: Gov. Greg Abbott (R) and a Republican majority state legislature

2023

Project labor agreements

In 2023, Texas passed a sweeping preemption law blocking local governments from passing laws in any area covered by the state’s codes on agriculture, business and commerce, finance, insurance, labor, local government, natural resources, occupations, or property. This includes project labor agreement laws. Several cities immediately sued Texas over this law and a District Court ruled the bill unconstitutional. The state appealed the decision, however, and the law went into effect on September 1, 2023. No date has been set for the appeal hearing.
Law: Texas Regulatory Consistency Act (HB 2127/SB 814)
Passed: 2023
By: Gov. Greg Abbott (R) and a Republican majority state legislature

2023

Prevailing wage

In 2023, Texas passed a sweeping preemption law blocking local governments from passing laws in any area covered by the state’s codes on agriculture, business and commerce, finance, insurance, labor, local government, natural resources, occupations, or property. This includes prevailing wage laws. Several cities immediately sued Texas over this law and a District Court ruled the bill unconstitutional. The state appealed the decision, however, and the law went into effect on September 1, 2023. No date has been set for the appeal hearing.
Law: Texas Regulatory Consistency Act (HB 2127/SB 814)
Passed: 2023
By: Gov. Greg Abbott (R) and a Republican majority state legislature

2023

Paid leave

In 2023, Texas passed a sweeping preemption law blocking local governments from passing laws in any area covered by the state’s codes on agriculture, business and commerce, finance, insurance, labor, local government, natural resources, occupations, or property. This includes paid leave laws. Several cities immediately sued Texas over this law and a District Court ruled the bill unconstitutional. The state appealed the decision, however, and the law went into effect on September 1, 2023. No date has been set for the appeal hearing.
Law: Texas Regulatory Consistency Act (HB 2127/SB 814)
Passed: 2023
By: Gov. Greg Abbott (R) and a Republican majority state legislature

2017, 2019

Gig economy

Since 2017, Texas prohibits local governments 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). Additionally, according to Texas law, “a driver who is authorized to log in to a transportation network company’s digital network is considered an independent contractor for all purposes, and not an employee of the company in any manner” if certain conditions are met. Since 2019, Texas state administrative code specifies that a marketplace contractor is an independent contractor and not an employee.
Laws: Tex. Occ. Code § 2402.003, 2402.114 (2017), 40 Tex. Admin. Code § 815.134 (2019)
Passed: 2017
By: Gov. Greg Abbott (R) and a Republican majority state legislature

2023

Heat standards

In 2023, Texas passed a sweeping preemption law blocking local governments from passing laws in any area covered by the state’s codes on agriculture, business and commerce, finance, insurance, labor, local government, natural resources, occupations, or property. This includes heat standards laws. Several cities immediately sued Texas over this law and a District Court ruled the bill unconstitutional. The state appealed the decision, however, and the law went into effect on September 1, 2023. No date has been set for the appeal hearing.
Law: Texas Regulatory Consistency Act (HB 2127/SB 814)
Passed: 2023
By: Gov. Greg Abbott (R) and a Republican majority state legislature

Utah 2001

Minimum wage

Since 2001, Utah has prohibited local governments 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 local governments 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 local governments 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, 2018, 2019

Gig economy

Since 2015, Utah has prohibited local government entities, other than public airport operators, from regulating transportation network companies. Since 2019, according to Utah law, “a transportation network driver is an independent contractor of a transportation network company; and not an employee of a transportation network company.” Since 2015, Utah has had a marketplace contractor law that regulates platform workers. In 2018, Utah passed additional legislation stating that “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 (2015), UT Code § 34-53-102 (2018), Utah Code Ann. § 13-51-103 (2019)
Passed: 2015, 2018, 2019
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 are exempted, though this exemption is set to expire in 2025. However, a previous 2022 expiration was extended and the exemption may continue to be renewed.
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 local governments 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. Also since 2022, according to Washington law, with regard to sections of state code covering insurance, family and medical leave, long-term care benefits, and workers’ compensation, “a driver is not an employee or agent of a transportation network company” if certain conditions are met. A driver “shall not include any person ultimately and finally determined to be an ’employee’ within the meaning of section 2(3) of the National Labor Relations Act.”
Law: RCW 46.72B.190, RCW 48; RCW 49; RCW 51
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 local governments 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 local governments 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.”
Law: W.V. Code § 17-29-19; W.V. Code § 17-29-1
Passed: 2016
By: Gov. Earl Ray Tomblin (D) and a Republican majority state legislature

Wisconsin 2005

Minimum wage

Since 2005, Wisconsin has prohibited local governments 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 local governments 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.
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 local governments 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 local governments 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 local governments 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 local governments from regulating transportation network companies. Additionally, according to Wisconsin law, “a licensed company is not considered to control, direct, or manage a participating driver or that participating driver’s personal vehicle,” in the absence of a written agreement.
Law: Wis. Stat. § 440.465, WI Stat § 440.41
Passed: 2015
By: Gov. Scott Walker (R) and a Republican majority state legislature

Wyoming 2017, 2018

Gig economy

Since 2017, Wyoming has prohibited local governments 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. Since 2018, according to Wymoning law, “a driver shall be an independent contractor, not subject to the Wyoming Worker’s Compensation Act and not an employee of a transportation network company” if certain conditions are met. 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.”
Laws: Wyo. Stat. Ann. § 31-20-111 (2017), Wyo. Stat. Ann. § 31-20-110 (2018)
Passed: 2017, 2018
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 February 2025

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