NFIB, a Michigan small-business advocate, and other members of the Small Business for a Better Michigan Coalition, today filed amicus briefs with the Michigan Supreme Court supporting state House and Senate requests for an immediate advisory opinion on paid sick leave and minimum wage mandates.
The mandates have a March 29 compliance deadline.
“This action is critical for thousands of Michigan small business owners trying to figure out which version of the law they will have to comply with by the March 29 deadline,” says Charlie Owens, state director for NFIB in Michigan. “We fully supported the legislature in acting to make much-needed changes to the original paid sick leave and minimum wage ballot proposals last session, and we believe they were on solid constitutional ground in doing so, but only the state Supreme Court can settle this issue once and for all.”
Owens says the confusion stems from the recent call by a state senator who is opposed to the changes made last session for a third attorney general opinion on the constitutionality of adoption and amendment of citizens’ initiatives.
Two prior attorney generals’ opinions conflict. Former Attorney General Frank Kelly said the legislature could not adopt and amend in the same session, while former Attorney General Bill Schuette said they could.
If current Attorney General Dana Nessel issues an opinion that the move was not constitutional, the current law is null and void, and the original proposals go back into effect.
“The uncertainty created by the back-and-forth AG opinions on this issue can only be settled by our Supreme Court, and a timely decision is needed as soon as possible,” says Owens.
A copy of the amicus brief filing can be viewed or downloaded here.