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

31 Jan


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.

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