MI Supreme Court reinstates expanded paid sick leave, minimum wage requirements

Capping off a saga that began in fall 2018, the Michigan Supreme Court, in its 4-to-3 decision in Mothering Justice v. Attorney General, overturned the Michigan Court of Appeals and restored the originally adopted versions of the Improved Workforce Opportunity Wage Act (WOWA) and the Earned Sick Time Act (ESTA). This move repeals the adoption of the Paid Medical Leave Act (PMLA), which had been adopted in place of the latter.

This decision against the state legislature and the remedy crafted to restore the prior laws not only are monumental but also shepherd in substantial new requirements for employers across the state.

Court of claims, court of appeals decisions

In September 2018, the Michigan Legislature adopted the WOWA and ESTA ballot initiatives in lieu of placing them on the ballot in that year’s elections. However, in December 2018, and during the same legislative session, the legislature amended both laws, attempting to strike a balance between employee needs and employer obligations.