The Michigan Supreme Court agreed Wednesday to hear an appeal in a case that could lead to significant changes in the state’s minimum wage and paid sick leave laws.
The MSC is being asked by the plaintiffs, Mothering Justice et al, to reverse a January 2023 Court of Appeals (COA) decision supporting the Legislature and its 2018 use of what’s commonly referred to as the “adopt-and-amend strategy” to address two ballot proposals. One would have increased the minimum wage to $13 per hour by 2023 and increased tipped wages to the full minimum wage, and the other would have enacted one of most sweeping paid sick leave laws in the country, forcing nearly every business across the state to make significant changes to their paid time off policies (PTO) and procedures.
A judge for the Court of Claims held in August of 2022 that the “adopt and amend” strategy was unconstitutional and ordered the amened versions of the paid sick leave and minimum wage laws, which have been in effect since March of 2019, void.
However, the COA issued a 3-0 decision reversing the lower court’s decision in January of 2023, ruling that “[b]ecause the trial court’s conclusions are not supported by either the text or intent of [the constitution]”.
The fate of these laws now rests with the MSC. The MI Chamber, who is a member of the Small Business for a Better Michigan Coalition, supports the adopt and amend strategy through this ongoing litigation. We support the COA decision which “...
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