Omaha city council approves minimum wage 4-3; Mayor weighing ‘legal considerations’

OMAHA, Neb. —

The Omaha City Council voted 4-3 on Tuesday to approve a minimum wage proposal.

Omaha Mayor John Ewing Jr.’s decision, though, is in the air.

“I’ve seen just pay as a moral issue,” he told KETV in a statement. “I do need to weigh the legal considerations and will respond later to what was legislated today.”

The “legal considerations” refer to a possible challenge from the Nebraska Attorney General Mike Hilgers, similar to the legal battle the city of Lincoln is currently facing over its own minimum wage ordinance.

Both Omaha and Lincoln’s ordinances, which are similar but different, aim to essentially re-establish the minimum wage increases approved by Nebraska voters in 2022, which were altered by the state legislature earlier this year to lower annual increases and set a minimum wage below $15 for the youngest workers.

Aimee Melton, Brinker Harding, and Don Rowe voted against. Each said the vote wasn’t about the minimum wage, but whether Omaha had the authority to pass such a law.

Melton, an attorney, said she expects Lincoln’s ordinance to be struck down, and Omaha’s would be, too.

“We are literally just throwing good taxpayer money down the drain,” she said.

The supporters, including introducer City Council President Danny Begley said the fight would be worth it.

“My peers have spoken quite eloquently about the oath of office that we take (to uphold the state constitution),” Councilmember Ron Hug said. “But that’s secondary to how we get here… My constituents have spoken quite clearly on how they feel about minimum wage… I think my constituents are at least entitled to their day in court if so need be.”

Omaha’s Human Resources Department estimates that implementing the new minimum wage would cost the city approximately $125,000 annually.

The vote seemed to hinge on Councilmember LaVonya Goodwin, because she proposed an amendment to delay the ordinance’s implementation until June 2027, instead of this October. The amendment did not have other supporters.

Goodwin was the delay would allow more time for the rollout and to observe the outcome of Lincoln’s legal battle.

Omaha City Attorney Matt Kuhse said a Lancaster County District Court judge’s ruling would not be binding on Omaha. A judge in Douglas County could rule differently.

“There are two competing legal theories here on this issue. Each argument has levels of merit to it,” he said.

Kuhse also noted that a ruling by a Lancaster County District Court judge on Lincoln’s ordinance would not be binding in Omaha, as a Douglas County District Court judge could issue a different decision.

Lincoln’s minimum wage ordinance is set to take effect on Saturday. A judge is expected to make a decision on a possible temporary injunction this week.