Lincoln Loses First Round of Minimum Wage Legal Fight
by John Gage
(Picture credit State of Nebraska)
Lancaster County District Court Judge Lori Maret put an injunction on Lincoln’s minimum wage ordinance on Friday, marking an initial loss for the city in its battle with Nebraska Attorney General Mike Hilgers.
“At this point, the Court has not made any decisions,” Maret said. “But the Plaintiff’s preemption arguments are strong enough that the Ordinance should be enjoined until the merits are fully litigated.”
Maret said the state had “met its burden” for her to issue the temporary injunction. The injunction comes a day before the minimum wage ordinance was set to go into effect.
The attorney general called the judge’s decision a “very significant win” in a short statement on Twitter.
Hilgers announced his lawsuit against the city last month, saying Lincoln was violating state law by preempting a state-set minimum wage law passed this year. Lincoln’s ordinance would raise the state-set youth minimum wage, increasing it to $15 an hour, as well as increase the cost-of-living adjustment by tying it to the consumer price index.
Lincoln city council members said they were trying to follow what voters passed in 2022, but Hilgers said the move broke state law and the Nebraska Constitution.
“The question is whether the City of Lincoln can operate as a super-legislature and modify the laws that the Legislature passes on statewide issues,” Hilgers said during a press conference announcing his lawsuit. “They can’t, but are trying anyway, so we are forced to sue to uphold the Constitution and state law.”
Lincoln’s initial legal loss comes as the Omaha City Council just passed a similar minimum wage ordinance on Tuesday. Omaha is likely to see a similar lawsuit from the state, seeking to strike down its ordinance.
The Plains Sentinel has reached out to the City of Lincoln for comment on the story.
— John Gage is the executive editor of The Plains Sentinel.