Can cities set their own minimum wage? Local minimum wage laws by state
A city or county can set its own minimum wage only where state law allows it. Some states leave room for local rates and many cities have used it; in others a state statute bars any local minimum wage and voids ordinances that try.
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Key takeaways
- On October 28, 2026, 67 cities and counties had a general minimum wage of their own.
- 25 states bar cities and counties from setting their own minimum wage.
- A local minimum wage generally covers work performed inside the city or county, whatever the employer's address, and the employer must pay the highest rate that applies.134
- In 2026 a Nebraska court blocked Lincoln's ordinance, while Omaha's took effect on October 1 and is being challenged by the Attorney General.89
Quick facts
| Federal law | Allows higher state and local minimum wages (29 U.S.C. 218) |
|---|---|
| Where it applies | Work performed within the city or county limits |
| More than one rate | The employer pays the highest |
The answer depends on the state
Whether a city or county can set its own minimum wage is decided by state law. The Fair Labor Standards Act sets a federal floor and says that nothing in it excuses an employer from a state law or municipal ordinance that sets a higher minimum wage.1 It neither grants cities the power to set one nor takes it away.
On October 28, 2026, 67 cities and counties had a general minimum wage of their own. The list of local minimum wages has a page for each, with the rate, who it covers and the ordinance.
Home rule and preemption
Cities and counties have only the powers their state gives them. Under home rule, a state constitution or statute lets local governments legislate on local matters without asking the legislature for each new power. Chicago, Montgomery County in Maryland and Portland in Maine are among the places that have used such powers to set a minimum wage.
Preemption works in the other direction. A legislature can declare a subject to be a matter of statewide concern and forbid local laws on it. When a state preempts local minimum wages, an ordinance setting a higher rate is void or cannot be enforced, even in a home-rule city. Where state law says nothing either way, a city may be able to act, but in most such states none has tried.
States that bar local minimum wages
25 states have a statute that stops cities and counties from setting a minimum wage above the state or federal rate. They include several states with state rates well above $7.25, such as Florida, Missouri, Oregon and Rhode Island, and 18 of the 20 states where the federal $7.25 applies.
The laws differ in reach. Some cover only the minimum wage; others also bar local rules on sick leave, other benefits or working hours. Some reach back as well as forward: Missouri’s law preempts and nullifies all local minimum wage ordinances “currently in effect or later enacted”.7 Several still let a city or county set pay for its own employees, and some allow wage rules in the city’s own contracts. Each state page quotes the statute.
Where local minimum wages exist
Washington’s law is a set of minimum standards that leaves more favorable local laws in force,2 and Arizona lets cities, towns and counties set a higher wage under a voter-approved provision.3 California, Colorado, Maryland, Minnesota, New Mexico, Illinois, Maine and Nebraska also have cities or counties with a rate of their own, from Los Angeles, San Francisco and Denver to Minneapolis, Santa Fe and Omaha. California has more than any other state.
The table shows, for every state, whether local minimum wages are allowed and how many cities and counties had one.
| State | Local wages | Places with own rate | State rate |
|---|---|---|---|
| Alabama | Barred | – | $7.25 |
| Alaska | Allowed or not barred | – | $14.00 |
| Arizona | Allowed or not barred | 2 | $15.15 |
| Arkansas | Allowed or not barred | – | $11.00 |
| California | Allowed or not barred | 40 | $16.90 |
| Colorado | Allowed or not barred | 4 | $15.16 |
| Connecticut | Allowed or not barred | – | $16.94 |
| Delaware | Allowed or not barred | – | $15.00 |
| Florida | Barred | – | $15.00 |
| Georgia | Barred | – | $7.25 |
| Hawaii | Allowed or not barred | – | $16.00 |
| Idaho | Barred | – | $7.25 |
| Illinois | Allowed or not barred | 2 | $15.00 |
| Indiana | Barred | – | $7.25 |
| Iowa | Barred | – | $7.25 |
| Kansas | Barred | – | $7.25 |
| Kentucky | Barred | – | $7.25 |
| Louisiana | Barred | – | $7.25 |
| Maine | Allowed or not barred | 2 | $15.10 |
| Maryland | Allowed or not barred | 3 | $15.00 |
| Massachusetts | Allowed or not barred | – | $15.00 |
| Michigan | Barred | – | $13.73 |
| Minnesota | Allowed or not barred | 2 | $11.41 |
| Mississippi | Barred | – | $7.25 |
| Missouri | Barred | – | $15.00 |
| Montana | Barred | – | $10.85 |
| Nebraska | Allowed or not barred | 1 | $15.00 |
| Nevada | Allowed or not barred | – | $12.00 |
| New Hampshire | Allowed or not barred | – | $7.25 |
| New Jersey | Allowed or not barred | – | $15.92 |
| New Mexico | Allowed or not barred | 4 | $12.00 |
| New York | Allowed or not barred | – | $17.00 |
| North Carolina | Barred | – | $7.25 |
| North Dakota | Barred | – | $7.25 |
| Ohio | Barred | – | $11.00 |
| Oklahoma | Barred | – | $7.25 |
| Oregon | Barred | – | $15.55 |
| Pennsylvania | Barred | – | $7.25 |
| Rhode Island | Barred | – | $16.00 |
| South Carolina | Barred | – | $7.25 |
| South Dakota | Allowed or not barred | – | $11.85 |
| Tennessee | Barred | – | $7.25 |
| Texas | Barred | – | $7.25 |
| Utah | Barred | – | $7.25 |
| Vermont | Allowed or not barred | – | $14.42 |
| Virginia | Allowed or not barred | – | $12.77 |
| Washington | Allowed or not barred | 7 | $17.13 |
| West Virginia | Allowed or not barred | – | $8.75 |
| Wisconsin | Barred | – | $7.25 |
| Wyoming | Allowed or not barred | – | $7.25 |
Cases that tested the limits
Birmingham, Alabama. Alabama passed the Alabama Uniform Minimum Wage and Right-to-Work Act in 2016, following Birmingham’s effort to set a local minimum wage, with the stated purpose of applying labor regulation uniformly throughout the state.5 Birmingham’s wage never took effect. A federal lawsuit claiming racial discrimination in the act’s passage was dismissed in 2017, revived by an appeals panel in 2018 and taken up by the full Eleventh Circuit in January 2019.5 The act remains in force, and in 2026 no Alabama city or county has a minimum wage of its own.
St. Louis, Missouri. In Cooperative Home Care, Inc. v. City of St. Louis, decided in 2017, the Missouri Supreme Court held that an older state ban on local minimum wages, RSMo 67.1571, was unconstitutional because the bill that enacted it covered more than one subject.6 The legislature then amended RSMo 290.528, in force from August 28, 2017, to preempt and nullify all local minimum wage ordinances, including any already in effect.7 In 2026 no Missouri city or county has a minimum wage of its own.
Lincoln, Nebraska. After the Legislature set a fixed 1.75% yearly increase and a youth wage in 2026, Lincoln adopted an ordinance with a different growth rate and the full rate for young workers. On July 17, 2026, the Lancaster County District Court enjoined the city from enforcing it until further order, finding that the minimum wage is “likely a matter of statewide concern”.8 The Nebraska state rate applies in Lincoln.
Omaha, Nebraska. Omaha’s ordinance took effect on October 1, 2026, at $15.00 an hour, the same as the state rate, for each hour worked within city limits.10 It ties future increases to Midwest inflation rather than the state’s 1.75%, and the city has published $15.55 for January 1, 2027.12 The Attorney General sued the city on August 18, 2026, arguing that the ordinance conflicts with state law.9 On September 28, 2026, the Douglas County District Court let the adult wage take effect but blocked, while the case continues, the part requiring the full city rate for young workers and trainees.11 See the Omaha page for the latest status.
How local minimum wages work
A local minimum wage generally applies to work performed inside the city or county, whatever the employer’s address. Los Angeles, for example, covers employees who perform at least two hours of work within the city in a week,13 and Omaha covers each hour worked within city limits.10 Thresholds, exemptions and small-employer rates differ, and some county rates apply only outside city limits, so each local page states who it covers.
When more than one law applies, the employer must pay the highest rate. Maryland’s wage law, for example, requires an employer subject to a local law with a higher minimum wage to pay that rate.4 Local rates can change on a different date from the state rate, so the highest rate can change during the year. The guide to which minimum wage applies covers work across city and state lines.
Sources
- 1
- 2 Washington State Legislature, RCW 49.46.120 Checked Oct 9, 2026 · Back to text ↑
- 3 Arizona State Legislature, A.R.S. 23-364 Checked Oct 9, 2026 · Back to text ↑
- 4 Maryland General Assembly, Labor and Employment 3-413 Checked Oct 9, 2026 · Back to text ↑
- 5
- 6 Missouri Revisor of Statutes, RSMo 67.1571, with annotation Checked Oct 28, 2026 · Back to text ↑
- 7 Missouri Revisor of Statutes, RSMo 290.528 Checked Oct 28, 2026 · Back to text ↑
- 8
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- 10 City of Omaha (via Municode), Omaha Municipal Code, Chapter 39, Minimum Wage Checked Oct 10, 2026 · Back to text ↑
- 11 City of Omaha, City Law Department Statement on Minimum Wage Ruling Checked Oct 10, 2026 · Back to text ↑
- 12 City of Omaha Human Rights and Relations Department, Minimum Wage Ordinance Checked Oct 10, 2026 · Back to text ↑
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