Keith Mack
Employment laws vary across different cities, counties, and states, and employers must stay informed about these laws to ensure compliance. For example, some cities like Philadelphia have paid-sick-leave mandates, while others like New York City have special employment laws for fast-food workers. Cities also have their own ordinances related to compensation, paid time off, background investigations, and scheduling. These local laws create compliance challenges for employers, who must incorporate them into their workplace policies and procedures. As a result, employers need to periodically review their handbooks, policies, and practices to ensure they are up-to-date with the latest requirements.
| Characteristics | Values |
|---|---|
| Cities with their own ordinances | Compensation, paid time off, background investigations, scheduling |
| Ban-the-box laws | Austin, Texas; Baltimore; Buffalo, N.Y.; Chicago; Columbia, Mo.; Kansas City, Mo.; Los Angeles; Montgomery County, Md.; New York City; Philadelphia; Portland, Ore.; Prince George's County, Md.; Rochester, N.Y.; San Francisco; Seattle; Spokane, Wash.; and Washington, D.C. |
| Predictable scheduling laws | San Francisco; New York City; Seattle |
| Paid sick leave mandates | Philadelphia; Chicago; Cook County, Ill.; Montgomery County, Md.; Minneapolis; St. Paul, Minn.; Austin, Texas |
| States with higher minimum wages | California, Connecticut, Maryland, Massachusetts, New York, New Jersey, Washington State, and Washington, D.C. |
| States with veteran postings | Maine and Rhode Island |
| States with industry-specific employment laws | California ($20 minimum wage for fast-food workers, new minimum wage requirements for healthcare workers), New York City (special employment laws for fast-food workers), Irvine (Hotel Worker Protection Ordinance) |
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What You'll Learn
Minimum wage laws
While federal law in the US sets a baseline minimum wage of $7.25 per hour, states and cities are free to adopt higher minimums. In fact, most of the action on minimum wages in recent years has been in states, counties, and cities, rather than on Capitol Hill. As of 2025, 65 counties and cities have minimum wage laws, compared to only five localities before 2012.
Some states, like Oregon and New York, do not allow localities to adopt their own minimum wages. However, these states have regional variations built into their statewide laws to account for wide cost-of-living differentials. For example, Oregon has a three-tiered wage scale, with an hourly minimum of $11.50 in 18 "nonurban" counties, $12 in the rest of the state, and $13.25 in the Portland metro area.
Some cities have set minimum wages higher than their respective state minimum wages. For example, St. Louis raised its minimum wage to $10 an hour in 2017, but Missouri state legislators then passed a law that blocked cities from enforcing higher minimum wages than the statewide rate. Similarly, Tacoma, Washington, repealed its local minimum wage ordinance in 2019 because it had been surpassed by Washington state's minimum wage. Other cities with minimum wages that have been surpassed by their states' include Albuquerque, New Mexico; Bernalillo County, New Mexico; Prince George's County, Maryland; and San Leandro, California.
On the other hand, some states that apply the federal minimum wage also bar their cities and counties from adopting any higher local minimums. Eighteen of these states have specifically preempted local minimum wage laws through state statutes. In two others, local governments can only enact what state law allows, which so far has not included setting local minimum wages. Additionally, seven states that have adopted minimum wages beyond the federal standard also have laws that prevent cities and counties from setting their own local minimums.
While some states prevent cities from setting their own minimum wages, many cities have their own ordinances related to compensation, paid time off, background investigations, and scheduling. These municipal laws can create compliance challenges for employers, who must track and incorporate them into their workplace policies and procedures.
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Scheduling laws
Some cities with predictable scheduling laws include San Francisco, New York City, Seattle, Chicago, Evanston, Los Angeles, and Philadelphia. For example, the Chicago Fair Workweek Ordinance, which took effect in 2020, applies to employers with 100 or more employees in covered industries, including building services, healthcare, hotels, and manufacturing, as well as retail and food services. Similarly, San Francisco's Formula Retail Employee Rights Ordinances (FRERO) regulate hours, notice of work schedules, and predictability pay for schedule changes and on-call shifts.
The scope and specific requirements of these laws vary across cities. For instance, the Chicago ordinance requires employers to give 10 days' notice of workers' schedules, which will increase to 14 days, and to pay a penalty for alterations made after the deadline. On the other hand, New York City's predictable scheduling law protects workers in retail stores and restaurants from last-minute schedule changes, giving them the right to decline shifts with insufficient notice.
While these city-level laws provide added protections for employees, they also create compliance challenges for employers, especially those operating across multiple jurisdictions. The rapid enactment of municipal laws makes it difficult for employers to keep up with the changing requirements. As a result, employers must stay vigilant and adapt their workplace policies to ensure compliance with federal, state, and municipal regulations.
In conclusion, scheduling laws differ among cities, with the aim of providing employees with more predictable schedules and work-life balance. These laws have implications for both employees and employers, underscoring the importance of staying informed about local regulations to ensure compliance and avoid penalties.
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Paid sick leave
While there is no federal paid sick leave law for private employers in the US, 15 states and Washington, D.C., have mandatory paid sick leave laws. These include Arizona, California, Colorado, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington. Additionally, Illinois, Maine, and Nevada have mandatory paid leave for any reason laws.
At the city level, some cities like Philadelphia, Chicago, Cook County, Montgomery County, Minneapolis, and St. Paul have paid sick leave mandates, even though there may not be statewide laws. For example, Chicago employers are subject to the city's paid sick leave law for employees working within the city. Los Angeles has expanded the definition of family members covered under an employer's sick leave policies to include "any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship."
The trend towards passing workplace laws at the local level has created compliance challenges for employers, who must now navigate a complex web of federal, state, and municipal requirements. This has led to calls for simplified paid-leave options at the national level, such as the Workflex in the 21st Century Act, which would offer generous paid leave and increased flexibility for employees.
The specific provisions of paid sick leave laws vary by jurisdiction. For example, New York's paid sick leave law, in effect since 2020, has different maximum accrual caps and usage amounts based on employer size. New York also has a prenatal paid leave law mandating 20 hours of paid leave for prenatal reasons. In contrast, Illinois and Maine have paid leave laws that can be used for any reason and do not require defining a covered family member.
To ensure compliance, employers with multiple locations must decide whether to apply a single policy across all locations or implement different policies for each state or municipality. They must also understand the nuances of each law and determine how they work together. Managers need to be aware of the laws and procedures regarding sick leave requests to avoid any negative reactions that could be viewed as retaliatory.
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Anti-discrimination laws
In the United States, federal and state anti-discrimination laws prohibit employment decisions motivated by unlawful discrimination. This includes intentional discrimination or disparate impact based on race, colour, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, disability, or age. The Immigration and Nationality Act (INA) also prohibits employment discrimination based on citizenship or nationality status.
Additionally, Titles I and V of the Americans with Disabilities Act of 1990 prohibit discrimination against qualified individuals with disabilities in the private sector and state and local governments. Sections 501 and 505 of the Rehabilitation Act of 1973 also protect employees and applicants with disabilities, requiring reasonable accommodations unless causing undue hardship. The Civil Rights Act of 1991 strengthens federal civil rights laws and provides for compensatory damages in federal sector cases of intentional discrimination.
Some states have expanded protections, such as prohibiting discrimination based on marital status or sexual orientation. For example, California requires employers to update anti-discrimination posters to include protections based on combinations of characteristics, like sex and race or sexual orientation and national origin.
While federal laws set a baseline, many cities have their own ordinances. For instance, Philadelphia has a paid sick leave mandate, and cities like San Francisco, New York City, and Seattle have predictable scheduling laws to protect workers from last-minute schedule changes and require advance notice or penalties. These local laws add complexity for employers, who must stay compliant with multiple layers of legislation.
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Workplace trends
City-Specific Employment Laws
Different cities often have unique employment laws that coexist with federal and state legislation. These municipal laws cover various aspects, including compensation, paid time off, background investigations, and scheduling. For instance, cities like Philadelphia, Chicago, and Austin, Texas, have enacted paid sick leave mandates, even in the absence of statewide laws.
Predictable Scheduling Laws
Some cities have implemented predictable scheduling laws to protect workers in specific industries, such as retail and restaurants, from last-minute schedule changes. San Francisco, New York City, and Seattle have such laws, requiring employers to provide workers with two weeks' notice of their schedules or face penalties for changes made at short notice. These laws also prohibit retaliation against employees who decline shift changes on short notice.
Ban-the-Box Laws
Cities like Austin, Texas; Baltimore; Chicago; Los Angeles; New York City; Philadelphia; and Seattle, have enacted "ban-the-box" laws, which apply to the private sector. These laws aim to reduce employment barriers for individuals with criminal records by prohibiting or delaying inquiries into criminal history during the hiring process.
Minimum Wage Variations
While the federal minimum wage has remained at $7.25 per hour since 2009, many states, counties, and cities have taken the initiative to increase their minimum wage rates. For example, California, New York, and Washington, D.C., have a minimum wage of at least $15 per hour as of January 2024. Additionally, California introduced a $20 minimum wage for fast-food workers, and certain cities, like Portland, Oregon, and Rockland, Maine, have minimum wages higher than their statewide rates.
Anti-Discrimination Efforts
There is a growing focus on anti-discrimination laws at the city level. For example, California has updated its employment posters to include new anti-discrimination protections based on combinations of characteristics, such as sex and race or sexual orientation and national origin.
Impact of Artificial Intelligence (AI)
AI advancements have significantly influenced workplace trends. AI tools are now used to predict periods of high overtime and labor demand, enabling employers to proactively manage staffing levels and optimize workforce management.
Keeping up with these workplace trends and legal changes is essential for employers to ensure compliance and maintain fair and consistent practices across multiple jurisdictions.
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Frequently asked questions
Yes, cities can have their own employment laws, which are in addition to federal and state laws.
Many cities have their own ordinances related to compensation, paid time off, background investigations, and scheduling. For example, Philadelphia, Chicago, and Austin, Texas, have paid sick leave mandates. San Francisco, New York City, and Seattle have predictable scheduling laws that protect workers in certain industries from last-minute schedule changes.
The influx of new local laws creates compliance challenges for employers, who must track and incorporate multiple layers of laws into their workplace policies and procedures. This can be especially complex for businesses operating in multiple jurisdictions.
Yes, some states are preventing cities from passing certain employment laws, particularly those related to minimum wage rates, to reduce complexity for businesses operating across the state. For example, Missouri blocked cities from enforcing a higher minimum wage than the statewide rate.
There is a push for expanded employee protections, including paid leave, pay transparency, and anti-discrimination laws. Additionally, more states are mandating veteran postings, and some cities, like Irvine, are implementing industry-specific employment laws, such as the Hotel Worker Protection Ordinance.
