Mark Neuberger Comments on Florida’s Push for Preemption of Local Wage Floors

23 June 2022 Law360 News

Foley & Lardner LLP Labor & Employment Of Counsel Mark Neuberger was quoted in a Law360 article titled, “Fla. Could Lead Way In Enabling Suits Over Local Wage Floors,” about a new bill awaiting the Florida Governor’s signature that will allow businesses to sue municipalities over local minimum wage increases.

With no recent federal movement on minimum wage, cities and counties have begun increasing wage floors of their own accord. Many states have responded with preemptive legislation restricting such actions. The bill, called the Local Business Protection Act, builds on a growing preemption push already prevalent in 25 states and would add to Florida’s current list of preemptive policies.

Neuberger, who is based in Miami, commented on the pattern, saying,"The bill follows a regular trend that's been going on in Florida over the last couple of years, certainly since Gov. [Ron] DeSantis was elected, about taking away local discretion and centering it in Tallahassee… There's been a number of different initiatives from the state Legislature and governor to limit local discretion."

Neuberger also noted that having a consistent minimum wage helps employers with workers in different locations. "Employers crave uniformity, and in recent years, because of the lack of any major federal action on employment laws, we're seeing a proliferation of all kinds of state and local paid leave laws and minimum wage laws," he said. "That drives employers nuts."

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