The Michigan Court of Claims ruled Tuesday that the Michigan Legislature’s “adopt and amend” strategy employed in 2018 to find a workable compromise on two ballot initiatives increasing the minimum wage and enacting a paid sick leave law was unconstitutional. The Legislature is expected to appeal the decision in the Michigan Court of Appeals and request a stay.
Unless a stay is granted and the decision is ultimately reversed by a higher court, the ruling states the law would immediately revert back to the 2018 ballot language. This means Michigan’s paid medical leave law will require virtually every size and type of business, and class of employee, to receive 72 hours per year of paid sick leave and the state’s minimum wage will increase to $12 an hour (and a large increase for tipped employees). Here’s what’s at stake:
Paid Sick Leave
Under the compromise adopted by the Michigan Legislature in 2018, Michigan’s Paid Medical Leave Act (PMLA) applies to employers employing 50 or more employees but exempts certain employees including independent contractors, employees exempt from overtime under the Fair Labor Standards Act (FLSA), private sector employees covered by a collective bargaining agreement, temporary workers, variable hour employees, certain part-time employees and seasonal employees. It entitles eligible employees to receive and use one hour of paid sick leave for every 35 hours worked, or 40 hours per year. It permits employers to require documentation and advance...
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https://www.michamber.com/news/breaking-news-court-ruling-on-michigans-paid-s...