Advocacy News – Feb. 15, 2023
The plaintiffs in the lawsuit against the minimum wage and paid sick leave laws filed an appeal with the Michigan Supreme Court Friday, Feb. 10.
A 3-0 Michigan Court of Appeals (COA) decision last month solidly overturned a July 2022 Court of Claims ruling (Mothering Justice v Attorney General) finding that the Michigan Legislature lacked the constitutional authority to adopt and subsequently amend (“adopt-and-amend”) two 2018 ballot initiatives. One would have increased the minimum wage to $13.03 per hour in 2023 and increased tipped wages to the $11.73 per hour, and the other would have enacted one of most sweeping paid sick leave laws in the country, thereby forcing nearly every business across the state to make significant changes to their paid time off policies (PTO) and procedures.
The COA opinion stated that the trial court’s conclusions were not supported by either the text or intent of Article II, Section 9 of the state Constitution, and thus reversed the prior ruling of Court of Claims Judge Douglas Shapiro.
The COA decision averted a February increase in the state’s minimum wage, now $10.10 per hour and $3.84 for tipped workers, to $13.03 per hour and $11.73 per hour, respectively. Judge Shapiro had stayed his ruling until Feb. 19.
Now, the plaintiffs in Mothering Justice have filed to seek leave to appeal before the high court arguing first and foremost that the people of the state through the initiative petition and referendum process have the right to direct lawmaking powers and have not granted the Legislature the power to adopt and then amend a statutory initiative within the same session.
The MI Chamber has said all along that it expected this case to be appealed up to the MI Supreme Court, regardless of who won at the COA. It remains unclear whether the Court will take the case or let the COA decision stand. Both options are a possibility.
The MI Chamber will continue to closely monitor the status of that appeal and any outcomes. We will also stay on top of this issue for any action by the Michigan Legislature.
Please contact Wendy Block with any questions at wblock@michamber.com.