Highlights
The Michigan Supreme Court, in a 4-3 decision, ruled that the Michigan Legislature violated the Michigan Constitution when it adopted and amended the Improved Workforce Opportunity Wage Act and the Earned Sick Time Act ballot initiatives
For Michigan employers, this means the amended minimum wage law and Michigan Paid Medical Leave Act in effect since 2019 are set to be replaced
Each original law will go into effect Feb. 21, 2025
Capping off a saga that began in fall 2018, the Michigan Supreme Court, in its 4-3 decision in Mothering Justice v. Attorney General, overturned the Michigan Court of Appeals and restored the originally adopted versions of the Improved Workforce Opportunity Wage Act (WOWA) and the Earned Sick Time Act (ESTA). This move repeals the adoption of the Paid Medical Leave Act (PMLA), which had been adopted in place of the latter.
This decision against the state legislature, and the remedy crafted to restore the prior laws, is not only monumental, but also shepherds in substantial new requirements for employers across the state.
In September 2018, the Michigan Legislature adopted the WOWA and ESTA ballot initiatives, in lieu of placing them on the ballot in that year’s elections. However, in December 2018, and during the same legislative session, the legislature amended both laws, attempting to strike a balance between employee needs and the obligation of employers.
In May 2021, Mothering...
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