Lincoln Faces Legal Battle Over Minimum Wage Ordinance
The city of Lincoln is at the center of a legal dispute as it defends its decision to raise the minimum wage, opposing the Nebraska Attorney General’s Office’s request for a temporary injunction. The debate centers on whether the city’s ordinance conflicts with state law.
Lincoln’s legal team argued in its brief that the Attorney General’s office cannot demonstrate irreparable harm if the minimum wage law is enacted. The city’s stance is that any harm would occur only if the ordinance set the wage lower than the state legislature’s recent decision.
The ordinance aims to establish a $15 minimum wage for all workers, regardless of age, in Lincoln. Future adjustments will be based on the cost of living.
Earlier this year, the legislature capped annual minimum wage increases at 1.75% and set a $13.50 per hour minimum wage for minors, both initiatives led by Sen. Jane Raybould of Lincoln.
The brief submitted by Lincoln argues that the city can exceed the state’s cap due to its home rule charter. This point was challenged by Cody Barnett, representing Attorney General Mike Hilgers, during a July 2 hearing.
“Nebraska sovereignty is threatened by what the city of Lincoln is doing. Nebraska more than generously gave the city home rule charter to let them enact ordinances on many topics, but there is a rubicon beyond which the city cannot go, and that is to enact laws that rewrite state laws on issues of statewide concern,” Barnett contended.
The city countered the AG’s office by asserting that past legal precedents cited relied on Omaha’s “grant of rights” charter. Unlike Omaha, Lincoln’s legal framework allows for different regulatory actions, according to the city.
Lincoln’s legal representatives further argued that the ordinance does not conflict with state law but rather complements it. “Is it possible to follow state law? And the answer is yes. Employers in the city of Lincoln that follow the city’s law will be in compliance with state law,” stated Lincoln City Attorney Yohance Christie at the hearing.
As Lancaster County District Judge Lori A. Maret has postponed a decision on granting the temporary injunction sought by Hilgers, the Lincoln ordinance remains scheduled to take effect on July 18.
The Attorney General’s office has until Tuesday to respond to the city’s arguments.
