When the Michigan state legislature passed House Bill 4052 (2015), nicknamed the “Death Star Bill,” it preempted local governments from implementing a range of policies that would benefit workers, including minimum wages, fair scheduling regulations, paid leave mandates, and prevailing wage laws. Fair scheduling laws would have benefited 38,702 retail and food service workers in Detroit, 77% of which are Black. Read more from Wolfe, J, Hickey, S, Kamper, D, Cooper, D. Preempting progress in the heartland: State lawmakers in the Midwest prevent shared prosperity and racial, gender, and immigrant justice by interfering in local policymaking. Economic Policy Institute. October 2021. https://www.epi.org/publication/preemption-in-the-midwest/.
The abuse of preemption that has suppressed communities of color in the Midwest has its roots in the segregation policies implemented in response to the Great Migration. Research shows that the abuse of state preemption in the Midwest is also widespread, second only to the South. State lawmakers in the Midwest, who are majority white and male, have used preemption to deny local governments the ability to improve job quality and housing stability through minimum wage increases, fair scheduling laws, and paid leave requirements. These preemptive laws disproportionately affect people of color, women, immigrants, and workers who are paid low wages. Read more from Wolfe, J, Hickey, S, Kamper, D, Cooper, D. Preempting progress in the heartland: State lawmakers in the Midwest prevent shared prosperity and racial, gender, and immigrant justice by interfering in local policymaking. Economic Policy Institute. October 2021. https://www.epi.org/publication/preemption-in-the-midwest/.
When Texas preempted local paid sick leave laws, they excluded millions of workers – overwhelmingly people of color – from the opportunities and health benefits that those laws would provide. Read more from Blair H, Cooper D, Wolfe J, Worker J. Preempting progress: State interference in local policymaking prevents people of color, women, and low-income workers from making ends meet in the South. Economic Policy Institute. September 2020. https://www.epi.org/publication/preemption-in-the-south.
Research shows that the abuse of state preemption is particularly prevalent in the South, where preemption is often a continuation of “state-sanctioned policies and practices rooted in racism and designed to uphold white supremacy” by suppressing the political power of communities of color. Time and time again, overwhelmingly white, male, and conservative state legislatures have blocked the ability of local communities – often Black and Brown communities – from responding to the needs and values of their residents. These communities have been prevented from enacting policies on a multitude of work-related issues, such as minimum wages, fair scheduling laws, paid leave programs, local hire laws, prevailing wage laws, and other workplace protections. Read more from Blair H, Cooper D, Wolfe J, Worker J. Preempting progress: State interference in local policymaking prevents people of color, women, and low-income workers from making ends meet in the South. Economic Policy Institute. September 2020. https://www.epi.org/publication/preemption-in-the-south.
When a worker without paid leave must miss work because of their own illness or caregiving responsibilities, two days of lost wages equate to a month’s worth of gas, three days equal a monthly utility payment, and roughly a week of lost wages equals an entire month’s rent or mortgage payment. State preemption of local paid leave laws prevents local governments from addressing these economic injustices. Read more from Gould E, Schieder, J. Work sick or lose pay? The high cost of being sick when you don’t get paid sick days. Economic Policy Institute. June 2017. https://www.epi.org/publication/work-sick-or-lose-pay-the-high-cost-of-being-sick-when-you-dont-get-paid-sick-days.
A large portion of those without paid sick leave are low-wage, part-time workers who are disproportionately Hispanic, Black Americans, and women, meaning state preemption that prevents cities and counties from adopting paid leave laws adds to racial and socioeconomic inequities. Read more from Partnership for Working Families. For all of Us, By All of Us: Challenging State Interference to Advance Gender and Racial Justice. May 2019. https://www.forworkingfamilies.org/resources/publications/challenging-state-interference-advance-gender-and-racial.
Research finds that laws mandating universal paid leave reduce racial disparities, increase economic security, and improve health outcomes, including reduced emergency department use, increased use of preventive care, and fewer occupational injuries. The same research did not find evidence that paid leave laws reduce employment, wages, or labor force participation. Read more from Marotta, J, Greene, S. Paid Sick Days: What Does the Research Tell Us about the Effectiveness of Local Action?. Urban Institute. January 2019. https://www.urban.org/research/publication/paid-sick-days-what-does-research-tell-us-about-effectiveness-local-action.
One study found statistically significant associations between paid-sick leave requirements and reductions in homicides (in men and women), suicides (in men), and alcohol poisoning (in women). If state laws preempting paid-sick leave protections were repealed, mortality by these causes may decline by more than 5% in some places. Read more from Wolf DA, Montez JK, Monnat SM. U.S. state preemption laws and working-age mortality. Am J Prev Med. 2022;63(5): 681- 688. doi:10.1016/j.amepre.2022.06.005. https://doi.org/10.1016/j.amepre.2022.06.005.