The Michigan Supreme Court on Wednesday overturned the House’s decision and reinstated key changes to the state’s minimum wage and paid sick leave laws – a victory for low-income employees.
In a 4-3 decision, the court found that the Republican representatives had violated the state structure.
The laws were the results of a petition campaign in 2018 that collected greater than 280,000 signatures.
Lawmakers had options, including submitting the proposed laws to a vote by voters or just passing it. GOP lawmakers decided to pass it – but then watered it down after that yr’s election, before Democratic Governor Gretchen Whitmer took office in 2019.
Republican Governor Rick Snyder signed the bill to repeal the laws before he left office, triggering years of legal battles that ultimately culminated within the state’s highest court.
“By allowing the legislature to bypass the voters and repeal the very same law it just passed in the same legislative session, the voters’ ability to participate in the legislative process is thwarted,” wrote Judge Elizabeth Welch.
Welch and three justices who joined her opinion belong to the Democratic Party, while three justices who dissented belong to the Republican Party.
The minimum wage in Michigan is currently $10.33 an hour; it’s lower for employees within the food service and other tipped industries. The petition’s plan calls for it to rise to $12 by 2022.
The Supreme Court said a brand new wage plan, adjusted for inflation, set by the state finance minister, must take effect next February and be increased in subsequent years. The law also calls for the phasing out of the lower minimum wage for restaurant employees who receive suggestions.
Sick leave regulations mean that many firms must provide their employees with paid leave.
The Michigan Chamber, a statewide business organization, expressed disappointment with the court’s “activism.”
However, unions and activists praised the choice. The Republicans had “literally taken money out of the pockets of Michigan workers” with their five-year legal battle, said Ron Bieber, president of the Michigan AFL-CIO.
In a dissenting opinion, Chief Justice Elizabeth Clement acknowledged that there was reason to be frustrated with the legislature’s actions, but that the Constitution didn’t prevent it, and “as tempting as it may be to step into the breach, this Court lacks the power to create restrictions out of thin air.”
