Preemption and the Fight Over Local Laws

What Is Preemption

Preemption is when a higher level of government takes a decision away from a lower one. Federal law can override a state law, and a state law can override a city or county. The fights that reach most people’s paychecks now run from statehouses to city halls: whether your city can raise its own minimum wage, require paid sick days, or pass its own gun rules.

A city’s power comes from its state, so a legislature can erase a local law with one vote. Most of these state laws are written for a single purpose: to stop cities from acting, often without setting any statewide rule in their place.

When a State Overrules a City

The clearest way to see preemption is to watch a raise disappear. St. Louis passed a minimum wage ordinance in 2015 and won a fight over it in the Missouri Supreme Court. The raise to $10 an hour took effect in May 2017. That same spring, the legislature passed a law barring any city from setting a wage above the state’s, and on August 28, 2017, the city minimum fell back to $7.70 (CNN). The Economic Policy Institute estimated that 31,000 workers lost the $10 raise, and 7,000 more lost the step to $11 scheduled for 2018. Our minimum wage explainer lists the rate every state requires now.

Birmingham, Alabama, lost its raise before it started. The city council had voted to raise the city minimum to $10.10. On February 25, 2016, the legislature passed a bill giving the state sole power over wages, and Gov. Robert Bentley signed it less than an hour after the final vote (Governing). The National Employment Law Project reported that the bill became law two weeks after it was introduced, with no public hearing, and counted about 40,000 Birmingham workers who never got the raise.

The same thing happens to rules that protect safety, not only pay. Austin and Dallas had required water breaks for construction workers since 2010 and 2015. Texas’s 2023 preemption law voided both, in a state where at least 42 workers died of heat exposure from 2011 to 2021 (EPI).

Federal Preemption and State Preemption

The word covers two different fights, and they follow different rules. When Congress preempts a state, the Constitution’s Supremacy Clause decides it, and courts sort out how far the federal law reaches. When a state preempts a city, there is usually nothing to sort out. The U.S. Supreme Court held in 1907 that cities are “political subdivisions” the state may reshape at will (Hunter v. City of Pittsburgh), so the main limits are in state constitutions. The broader split of power between Washington and the states is covered in our federalism explainer.

Federal preemption often protects people: the Civil Rights Act of 1964 and the Voting Rights Act overrode state laws that allowed discrimination. State preemption of cities can protect people too. Broadband shows the federal side at work: after the FCC repealed its rules in 2017, a court held it could not stop states from writing their own net neutrality laws. The rest of this page focuses on state-over-city preemption, because that is where the number of new laws has grown fastest.

Four Kinds of State Preemption

Preemption is not one thing, and the difference is what the state leaves behind. A state that sets its own paid sick leave law and bars cities from writing different ones is making a trade: one statewide standard in place of many local ones. A state that bars cities from acting and sets no rule of its own leaves a gap no government fills. People who track these laws call the second kind “vacuum” preemption.

Florida added a newer tool in 2023. Under Senate Bill 170, a city or county must stop enforcing a new ordinance while a lawsuit goes on, if the suit is filed within 90 days of adoption and argues the ordinance is preempted or “arbitrary or unreasonable.” A challenger who wins on the “arbitrary or unreasonable” claim can recover up to $50,000 in attorney fees, costs and damages, and local governments must post a business impact estimate before adopting most ordinances (Laws of Florida, ch. 2023-309).

Which Local Laws States Block Most

Ride-hail companies and gun laws top the list, and half the states block local minimum wages. In all, 33 states block at least one of the six local job protections the Economic Policy Institute tracks. Many of the same legislatures have also made their states right-to-work states, which bars union contracts from requiring fees.

States that block cities from passing each kind of local law

Category	Value
Local rules for ride-hail companies	44
Local gun laws	41
Local minimum wage	25
Local paid sick leave	25
Project labor agreements on city projects	24
Local fair scheduling	13
Local prevailing wage on city projects	13
Local heat safety rules for workers	4

Counts of states with a law in force. Sources: EPI workers' rights preemption map, 2025 data; Everytown, State Firearm Preemption Laws, less Colorado (repealed 2021). Repealed laws are not counted.

Rent control does not appear on the chart because the counts disagree. The National Apartment Association, a landlord trade group, counts 33 states that ban local rent control (NAA), while a June 2026 Virginia Housing Commission study cites counts from “at least 25” to 36, depending on whether a state bans rent control by statute or never gives cities the power (Virginia Housing Commission). Our rent control explainer covers what the studies found.

What Your City Can Do in Your State

The same law reads differently from state to state. In 5 states (Maine, Maryland, New Jersey, Oregon, Rhode Island), the law that blocked local paid sick leave also created a statewide sick leave requirement. In the others, cities are blocked and the state sets nothing.

Can your city pass its own law?

Choose your state to see which local laws its legislature has blocked, with the statute EPI cites for each.

Choose your state to see its rules Select a state AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

EPI records state laws, not every local ordinance. 'No state ban' means EPI found no state law blocking it; a city still needs the power to act under its state's home rule rules. This is general information, not legal advice.

Local minimum wageLocal paid sick leaveLocal gun laws

Local minimum wage

• Blocked by state law (25 states)
• Ban repealed (2 states)
• No state ban (23 states)
• D.C. (Congress can override its laws)

Sources: Economic Policy Institute, Workers' rights preemption map (2025 data); Everytown Research, State Firearm Preemption Laws (fact sheet, 2018); Colorado SB 21-256 (2021), repealing state preemption of local gun laws. Verified October 14, 2026.

Local minimum wage

State	A local minimum wage	Local paid sick leave	Local fair scheduling	Local heat safety rules for workers	Local gun laws	Local rules for ride-hail companies
Alabama	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Alaska	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Arizona	Allowed. The state's ban was repealed or struck in 2006.	Allowed. The state's ban was repealed or struck in 2017.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Arkansas	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
California	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Colorado	Allowed. The state's ban was repealed or struck in 2019.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Connecticut	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Delaware	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
District of Columbia	D.C. is not a state. Its council passes local laws, and Congress can override them.	—	—	—	—	—
Florida	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Georgia	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Hawaii	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Idaho	Blocked by state law.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Illinois	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Indiana	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Iowa	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Kansas	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Kentucky	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Blocked by state law.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Louisiana	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Maine	Allowed. No state law blocks a local minimum wage (EPI records none).	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Maryland	Allowed. No state law blocks a local minimum wage (EPI records none).	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Massachusetts	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Michigan	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Minnesota	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Mississippi	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Missouri	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Montana	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Nebraska	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Nevada	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
New Hampshire	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
New Jersey	Allowed. No state law blocks a local minimum wage (EPI records none).	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
New Mexico	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
New York	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
North Carolina	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
North Dakota	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Ohio	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Oklahoma	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Oregon	Blocked by state law.	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Pennsylvania	Blocked by state law.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Rhode Island	Blocked by state law.	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
South Carolina	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
South Dakota	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Tennessee	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Texas	Blocked by state law.	Blocked by the 2023 law that covers whole state codes.	Blocked by the 2023 law that covers whole state codes.	Blocked by the 2023 law that covers whole state codes.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Utah	Blocked by state law.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Vermont	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Virginia	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Washington	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
West Virginia	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Wisconsin	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Wyoming	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.

See all states in a table

All states Blocked by state law (25 states)Ban repealed (2 states)No state ban (23 states)D.C. (Congress can override its laws) Showing 51 of 51 states

State	A local minimum wage	Local paid sick leave	Local fair scheduling	Local heat safety rules for workers	Local gun laws	Local rules for ride-hail companies
Alabama	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Alaska	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Arizona	Allowed. The state's ban was repealed or struck in 2006.	Allowed. The state's ban was repealed or struck in 2017.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Arkansas	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
California	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Colorado	Allowed. The state's ban was repealed or struck in 2019.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Connecticut	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Delaware	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
District of Columbia	D.C. is not a state. Its council passes local laws, and Congress can override them.	—	—	—	—	—
Florida	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Georgia	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Hawaii	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Idaho	Blocked by state law.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Illinois	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Indiana	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Iowa	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked by state law.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Kansas	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Kentucky	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Blocked by state law.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Louisiana	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Maine	Allowed. No state law blocks a local minimum wage (EPI records none).	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Maryland	Allowed. No state law blocks a local minimum wage (EPI records none).	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Massachusetts	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
Michigan	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Minnesota	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Mississippi	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Missouri	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Montana	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Nebraska	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Nevada	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
New Hampshire	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
New Jersey	Allowed. No state law blocks a local minimum wage (EPI records none).	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
New Mexico	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
New York	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Generally allowed. The state lets local officials pass gun laws.	Blocked by state law.
North Carolina	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
North Dakota	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Ohio	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Oklahoma	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Oregon	Blocked by state law.	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Allowed. No state law blocks a local rule for ride-hail companies (EPI records none).
Pennsylvania	Blocked by state law.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Rhode Island	Blocked by state law.	Blocked, but the same law set a statewide paid sick leave law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
South Carolina	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
South Dakota	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Tennessee	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Texas	Blocked by state law.	Blocked by the 2023 law that covers whole state codes.	Blocked by the 2023 law that covers whole state codes.	Blocked by the 2023 law that covers whole state codes.	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Utah	Blocked by state law.	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Vermont	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Virginia	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Washington	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
West Virginia	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Wisconsin	Blocked by state law.	Blocked by state law.	Blocked by state law.	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.
Wyoming	Allowed. No state law blocks a local minimum wage (EPI records none).	Allowed. No state law blocks a local paid sick leave law (EPI records none).	Allowed. No state law blocks a local scheduling law (EPI records none).	Allowed. No state law blocks a local heat safety rule (EPI records none).	Blocked. The state has broad preemption of local gun laws.	Blocked by state law.

Sources: Economic Policy Institute, Workers' rights preemption map (2025 data); Everytown Research, State Firearm Preemption Laws (fact sheet, 2018); Colorado SB 21-256 (2021), repealing state preemption of local gun laws. Verified October 14, 2026.

How State Preemption Grew

The idea that cities hold only borrowed power dates to 1868, when Iowa judge John Dillon wrote it into a railroad case. Missouri answered with the first home rule clause in 1875. The modern wave came much later. Alabama voided Birmingham’s raise in 2016, and Missouri and Iowa voided local wage laws already in effect in 2017. Colorado repealed its minimum wage ban in 2019. Texas and Florida passed sweeping laws in 2023, a Texas appeals court let Texas’s stand in 2025, and bill filings kept climbing in 2026.

1. 1868 Dillon's Rule An Iowa judge rules that cities have only the powers a state gives them.
2. 1875 First home rule clause Missouri's constitution becomes the first with a home rule provision.
3. 2016 Birmingham raise voided Alabama bans local minimum wages two weeks after the bill is filed.
4. 2017 Raises taken back Missouri cuts St. Louis workers from $10 to $7.70; Iowa voids four county wage laws.
5. 2019 Colorado repeals its ban Cities may set a higher minimum wage again.
6. 2023 Texas and Florida go broad Texas HB 2127 covers whole state codes; Florida SB 170 lets a lawsuit freeze a new ordinance.
7. 2025 Texas law survives An appeals court reverses a ruling against HB 2127 and dismisses the cities' suit for lack of standing.
8. 2026 About 850 bills Tracked by March 31, one-third more than at the same point in 2025.

State preemption of cities, 1868 to 2026: 1868: Dillon's Rule (An Iowa judge rules that cities have only the powers a state gives them.). 1875: First home rule clause (Missouri's constitution becomes the first with a home rule provision.). 2016: Birmingham raise voided (Alabama bans local minimum wages two weeks after the bill is filed.). 2017: Raises taken back (Missouri cuts St. Louis workers from $10 to $7.70; Iowa voids four county wage laws.). 2019: Colorado repeals its ban (Cities may set a higher minimum wage again.). 2023: Texas and Florida go broad (Texas HB 2127 covers whole state codes; Florida SB 170 lets a lawsuit freeze a new ordinance.). 2025: Texas law survives (An appeals court reverses a ruling against HB 2127 and dismisses the cities' suit for lack of standing.). 2026: About 850 bills (Tracked by March 31, one-third more than at the same point in 2025.).

1868: In City of Clinton v. Cedar Rapids and Missouri River Railroad, Iowa judge John F. Dillon held that cities have only the powers a state expressly grants, and that any doubt goes against the city (Cornell LII).

1875: Missouri became the first state to adopt a home rule provision, in its 1875 constitution (Mass.gov).

2016: Alabama’s legislature and governor voided Birmingham’s $10.10 minimum wage on February 25, two weeks after the bill was filed.

2017: Missouri’s law cut St. Louis wages back to $7.70 on August 28. In Iowa, House File 295, signed by March 30, voided the minimum wage laws of Johnson, Linn, Polk and Wapello counties (GovDocs).

2019: Colorado lawmakers repealed the state’s 1999 ban on local minimum wages, and Gov. Jared Polis signed the repeal on May 28. Four localities have since set higher wages (EPI).

2023: Texas passed HB 2127, which bars local rules in any field covered by eight state codes, including labor, business and property. Florida passed SB 170.

2025: On July 18, the Texas Third Court of Appeals reversed a 2023 ruling that had found HB 2127 unconstitutional. It held that Houston, San Antonio and El Paso had not shown a concrete injury and had sued the wrong party, the State of Texas, and it dismissed their claims without prejudice (Third Court of Appeals; Texas Tribune). The ruling did not decide whether the law is constitutional.

2026: The Local Solutions Support Center counted nearly 850 preemption bills by March 31, including 137 on elections, more than 100 targeting LGBTQ people, and 86 on immigration (LSSC).

Preemption Fights in 2025 and 2026

Preemption now runs in both directions at once. States keep narrowing what cities can do, and the federal government is trying to do the same to states on artificial intelligence.

Where the major preemption fights stand

As of October 14, 2026

• Texas HB 2127 (2023) Law, cities lacked standing

  The Third Court of Appeals reversed the ruling against it on July 18, 2025, and dismissed the cities' suit without deciding whether the law is constitutional. (source)

• Florida SB 170 (2023) Law, signed June 29, 2023

  A lawsuit filed within 90 days suspends a new local ordinance, and local governments must post business impact estimates. (source)

• Ten-year federal ban on state AI laws Ended, stripped 99-1

  The Senate removed it from the budget bill on July 1, 2025. (source)

• Executive Order 14365 on state AI laws Agency action, DOJ task force

  Signed December 11, 2025. It ordered the attorney general to set up a task force to challenge state AI laws in court. (source)

• Colorado's AI Act challenge Paused, case stayed

  The Justice Department joined xAI's lawsuit against the law on April 24, 2026, and the court stayed the case on April 27 with enforcement on hold. Colorado replaced the law on May 14, 2026. (source)

• 2026 state preemption bills Proposal, about 850 tracked

  Counted by March 31, 2026, up one-third from the same point in 2025. (source)

Source: Texas Third Court of Appeals; Laws of Florida; U.S. Senate Commerce Committee; Federal Register; U.S. District Court for Colorado docket; Local Solutions Support Center

The AI fight scrambled the usual lines. Senators from both parties voted 99-1 in July 2025 to keep states’ power to regulate AI, the same local-control argument cities make to their legislatures.

How Cities and Voters Push Back

Preemption laws can be undone, by voters, courts and new majorities. In 2006, Arizona voters passed Proposition 202, which raised the state minimum wage and wiped out the state’s 1997 ban on local minimum wages. When the legislature tried again in 2016 with a ban on local paid sick leave, a state trial court struck it in 2017 under a voter-passed rule that bars lawmakers from overriding ballot measures except in narrow cases, EPI reports (EPI). Tucson and Flagstaff have since set their own higher wages.

Legislatures can reverse course too. Colorado lawmakers repealed the state’s ban in 2019, Gov. Jared Polis signed the repeal, and four localities have set higher wages since.

The Case for Preemption

Not every preemption law is a power grab, and supporters make a real argument. Glenn Hamer of the Texas Association of Business wrote in 2023 that HB 2127 answered a “complex regulatory landscape” that makes it hard for employers with sites in several cities to follow different rules in each (El Paso Matters). One statewide rule is easier to follow than dozens of local ones.

A few distinctions keep the debate honest:

• Floor-and-ceiling laws are different from vacuum laws. New Jersey, Maryland, Maine, Oregon and Rhode Island blocked local sick leave rules in the same bills that gave every worker in the state paid sick days.
• Federal preemption protected civil rights. Congress overrode state segregation and voting laws in the 1960s, and the same Supremacy Clause does that work today.
• Blue states preempt too. Oregon has blocked local minimum wages since 2001 and instead sets different state rates for different regions.
• Many ride-hail laws came with state rules. A state that licenses ride-hail companies statewide is not leaving drivers with no rules, though many of the same laws classify drivers as independent contractors.

Is preemption legal?

Usually. States create cities, so a legislature can generally take powers back. The limits come from state constitutions: home rule clauses, rules against “special laws” aimed at one city, and, in Arizona, a ban on overriding voter-passed measures.

What is the difference between Dillon’s Rule and home rule?

Under Dillon’s Rule, a city can act only where the state has given it power. Under home rule, a city can act on local matters unless state law says otherwise. Many states mix the two, and preemption can override either.

Does preemption apply to counties too?

Yes. Most state preemption laws cover cities, counties and other local governments. Iowa’s 2017 law voided minimum wage laws that four counties, not cities, had passed.

Can my city still act if my state blocks a policy?

Sometimes. A city can often set wages and benefits for its own employees and contractors, spend its own money, and pass resolutions urging the state to act. A city attorney can say what your state’s law leaves open.

What You Can Do

1. Find out what your state has blocked. Use the state finder above, then check your legislature’s bill search for new preemption bills this session. The Local Solutions Support Center tracks them.
2. Testify when a preemption bill gets a hearing. Committee hearings are where these bills move fastest, as Birmingham learned. A short statement about what your city’s law does for your neighbors is on the record.
3. Back a ballot measure where your state allows one. Arizona and Colorado show that voters and new majorities can repeal bans, and a state minimum wage raised by voters reaches every city at once.
4. Ask your city council what it can still do. Wages for city workers and contractors, and how the city spends its own money, often stay under local control. Our Section 8 explainer shows how renter protections vary with state law in the same way.
5. Write your state legislator. Use the letter below to ask them to vote against new preemption bills and to repeal the ones that block local wages and paid sick leave.