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February 2023: Michigan Court of Appeals Dismisses Expansion of Paid Sick Leave and Increase to Minimum Wage

31 Jan

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Update Applicable to:
All employers in the state of Michigan.

What happened?
In our previous communication, we notified you that the Michigan Court of Claims ruled that the “adopt-and-amend” strategy in the Michigan Paid Medical Leave Act violates the Michigan Constitution and ordered that the voter-initiated proposals remain in effect without amendment. This is an update to the communication.

What are the details?
In a 3-0 decision (Mothering Justice v Attorney General) issued on January 26, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling finding that the Michigan Legislature lacked the constitutional authority to adopt and subsequently amend two 2018 ballot initiatives.

The ruling ensures that the current requirements of employers regarding earned sick time policies and the current Michigan minimum wage will remain unchanged.

Because the lower court’s decision was reversed and given immediate effect, Michigan businesses are not required to make changes to their paid time off policies and procedures and wage schedules come February 19, 2023.

For more information, please see the links below:

Previous Vensure Communication (July 26, 2022)

Case Information

Article 1

What do employers need to do?
Employers should review the links provided above and continue business without being required to change their paid time off policies and wage schedules.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Michigan PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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