MI Lawyers Ask Judge To Pause Immediate Minimum Wage Increase After Judge's Ruling: Report

MICHIGAN — State attorneys asked a Michigan court to block immediate enforcement of two petitions that could raise the state's minimum wage and require new paid sick leave, according to reports.

The appeal comes after Michigan Court of Claims Judge Douglas Shapiro struck down two 2018 Republican amended laws that delayed a $12 per hour minimum wage increase until 2030 and excluded employers with fewer than 50 workers from paying sick leave.

The judge said Republican lawmakers violated the state's constitution when it changed the ballot initiates it adopted in 2018. Therefore, the original language of both petitions, which included raising the minimum wage to $12 per hour by 2022 and requiring new paid sick leave laws, should be implemented into law.

"The people of the state deserve predictability and stability in the status of the law governing sick leave and the minimum wage," the state attorneys' motion said Wednesday. "For this reason, the state asks this court to grant the stay during the pendency of the appeal, so that it will be clear to all relevant stakeholders that they remain in a position of status quo until this question reaches final disposition on appeal."

State attorneys also filed a stay, which would delay the new laws created by Shapiro from going in to effect until a ruling has been issued on the appeal. Otherwise, the new laws would be implemented on Aug. 9. The case is expected to reach the Michigan Supreme Court.

In 2018, the Michigan One Fair Wage petition and the MI Time to Care petition were headed to the November ballot before Republican lawmakers stepped in and adopted the measures. Although Michigan law says the legislature can adopt a ballot proposal before it goes to the voters, lawmakers cannot change the initiative in the same legislative session, which is what they did in 2018.

The Michigan One Fair Wage petition originally would have increased the state's minimum wage to $12 per hour by 2022, a steady increase from $9.25 over a four-year span. Tipped workers would also see a pay hike to $9.60. However, Republican lawmakers altered the measure, delaying the increase until 2030.

The MI Time to Care petition originally forced employers with fewer than ten employees to allow workers to accumulate up to 40 hours of paid sick time per year, while those with more than ten employees would get up to 72 hours of paid sick leave. Republican lawmakers also changed that proposal to exclude employers with fewer than 50 workers from paying sick leave.