On December 18, 2019, the Michigan Supreme Court issued its long-awaited decision on whether the Michigan legislature’s strategy to enact two ballot proposals (one concerning paid sick leave and the other minimum wage) and then amend those proposals before their effective dates was consistent with the Michigan Constitution.1 After studying the arguments, the Michigan Supreme Court issued a splintered opinion with four of the seven justices writing separate opinions. The lead and controlling opinion held that the court lacks jurisdiction to issue the requested advisory opinion.
Where does this leave us?
Michigan’s Paid Medical Leave Act and Improved Workforce Opportunity Wage Act, as enacted and amended, remain controlling law in Michigan, so employers should continue to comply with their requirements. In addition, employers should stay vigilant in monitoring potential changes to the law. The Michigan Supreme Court’s decision not to issue an advisory opinion leaves open the distinct possibility that private litigation will be brought to challenge the constitutionality of the amendments to the aforementioned acts.