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Wisconsin Legislature Preempts Local Enactment of Wage and Hour Regulations

April 2, 2018

The National Law Review,

April 2, 2018-

Joining more than two dozen other states that have barred local enactment of minimum wage or other employment laws, on March 22, 2018 the Wisconsin legislature passed Assembly Bill 748, intended to promote statewide uniformity in the regulation of employment practices. AB 748 prevents local governments and municipalities from enacting and enforcing their own ordinances relating to various employment matters, including several areas pertaining to wage and hour law.  Governor Scott Walker is expected to sign the Bill into law in the near future.

In addition to precluding local counties and municipalities from enacting ordinances regulating “labor peace” agreements, requiring more stringent occupational licensing, or mandating employer provision of pension or other benefits, AB 748 prohibits local jurisdictions from enacting laws:

  • Regarding employee work hours and overtime, including shift schedules.  However, certain ordinances regulating business operating hours or the work hours of certain traveling sales  crew workers are excluded;
  • Prohibiting employers from requesting salary history information from prospective employees;