The City of Lincoln must pause its recently passed minimum wage ordinance after a Lancaster County District Court judge granted a temporary injunction preventing the law from taking effect. The ordinance, which would have set a $15 minimum wage for all workers regardless of age and allowed for annual increases tied to the Consumer Price Index, had been due to come into force on Saturday.
Court action follows dispute with state
Judge Lori Maret issued the injunction after hearing competing briefs from the city and the Nebraska Attorney General’s office. Initially the judge delayed the injunction to allow Lincoln to file its opposition. In the city’s filing, municipal attorneys said the Attorney General had not demonstrated that the state would suffer "irreparable harm" if the ordinance took effect, arguing the state would be harmed only if the local law set a minimum wage lower than the Legislature intended.
In its reply, the Attorney General’s office maintained the city lacks authority to enact a minimum wage that conflicts with state law. The state cited Nebraska Revised Statute 15-263, acknowledging the city’s general authority to pass ordinances for the "welfare of the city," but argued that this does not amount to specific authority to set minimum wages. The state also urged the court that Nebraska would face "irreparable harm absent of the injunction."
“The City dodges the State’s sovereign harm and focuses almost exclusively on economic harm to businesses,”
What the ordinance would have done
- Set a city-wide minimum wage of $15 regardless of worker age.
- Permitted annual increases tied to the Consumer Price Index.
- Was intended to take effect on Saturday before the injunction.
State versus city: legal questions
The dispute centres on the division of authority between the Legislature and municipalities. The state contends the Legislature left "no room for municipalities to enact minimum wage laws," while Lincoln’s lawyers argue the city’s ordinance falls within its powers to promote local welfare.
| Item | City ordinance | State position |
|---|---|---|
| Minimum wage level | $15 for all ages | Contends municipalities cannot set conflicting minimum wages |
| Future increases | Tied to the Consumer Price Index | Argues authority for wage-setting resides with Legislature |
The injunction is temporary; the court will consider further briefing and legal arguments before ruling on the ordinance’s fate. For Lincoln residents this case could determine whether the city can unilaterally set labour standards that differ from state policy. The outcome will affect workers, employers and city governance going forward, and further legal filings and court dates are expected as both sides continue to press their positions.
