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City attorney: proposed ordinance to require higher wages for airport contractors is preempted by state law
Summary
After public testimony from airport workers and contractors, Charlotte’s interim city attorney told council the city is likely legally barred from imposing wage requirements on the employees of private contractors that operate at the airport; the attorney cited state statutes that preempt local regulation of private employer compensation.
The city attorney advised the Charlotte City Council on April 28 that a proposed local ordinance to require higher wages for private contracted airport workers would likely be preempted by North Carolina state law.
Summary of attorney opinion Interim City Attorney Anthony Fox told council the relevant statutory framework limits municipal authority over private‑sector wages. He summarized the position in staff memoranda and told council that state statutes governing wage and hour matters and local government contracting preempt a local ordinance that would regulate compensation for employees of outside contractors: "The general assembly has not seen fit to confer upon us, authority to regulate the wages of employees who are not our own," Fox said during the meeting.
Public testimony and council reaction Earlier in the meeting, wheelchair agents, cabin cleaners and other contracted airport employees and labor advocates addressed the council, describing low pay, high turnover, and, for some, homelessness. Speakers asked council to refer a proposal known as CASE (Contracted Airline Support Employees) to committee to establish a wage and work‑standard floor for contracted airport workers. Flight attendants and union representatives also testified that many contracted workers at CLT earn low wages and lack benefits.
Legal constraints and next steps Fox referenced state statutes and case law that the city attorney’s office said preclude local regulation of compensation for employees of private contractors who are not city employees. He said parts of the union memorandum argued the city could act as a seller and impose requirements on contractors who use city property; Fox said those points rely on case law and statutory interpretations that are not persuasive under North Carolina law.
Council response Some council members asked for a written memo and for staff to identify what procurement or contracting levers the city could use within state law to promote better wages and benefits (for example, procurement evaluation factors, contract oversight and termination rights, or voluntary preferred contractor programs). The attorney’s opinion did not preclude non‑regulatory steps such as procurement language or voluntary contractual practices, but it cautioned against a mandatory living‑wage ordinance for private contractors at CLT as drafted.
What advocates want Airport workers and union representatives asked the council to introduce CASE into the appropriate committee for further study and for the council to explore other non‑preempted ways to improve contracting outcomes for frontline airport workers.
