The Preemption Power Struggle: Red States, Blue Cities Clash Over Workplace Laws

Bruce Sarchet, Corinn Jackson, and Eli Freedberg with Littler’s Workplace Policy Institute explore a recent trend pitting progressive city councils against more conservative state legislatures. They discuss the proliferation of local ordinances regulating workplace issues (such as “fair workweek” requirements) and the resistance from some state lawmakers to these municipal assertions of power. The WPI team surveys the various state preemption laws, which are used to preclude cities and counties from adopting and enforcing certain types of ordinances, and addresses how litigation can come into play in resolving these disputes.