The Michigan Supreme Court overruled the Legislature on Wednesday, reinstating major changes to the state's minimum wage and paid sick leave laws, a victory for low-wage workers.
In a 4-3 decision, the court said Republican lawmakers violated the state Constitution.
The laws were the result of a 2018 petition drive that collected more than 280,000 signatures.
The Legislature had two options: put the proposed laws on the ballot for voters to decide or simply adopt them. GOP lawmakers chose to approve them — but then watered them down after that year's election, before Democratic Governor Gretchen Whitmer took over in 2019. Republican Governor Rick Snyder signed the rollback legislation before he left office, triggering years of legal challenges that finally reached a climax at the state’s highest court.
“Allowing the Legislature to bypass the voters and repeal the very same law it just passed in the same legislative session thwarts the voters’ ability to participate in the lawmaking process,” Justice Elizabeth Welch wrote.
The Restaurant Opportunities Center of Michigan, which represents food service workers, praised the decision. “What the court confirmed is the people’s right to petition is more than political, it is sacred,” said Chris White, the director of the center. “It’s a victory and it puts us on par with other states that are increasing their minimum wage and we’re very, very, very thankful with what the Supreme Court has decided.”
The dissent argued that there is no specific prohibition in the Michigan Constitution to the Legislature’s “adopt-and-amend” scheme.
Welch and three justices who joined her opinion are aligned with the Democratic Party, while three justices who disagreed are aligned with the Republican Party.
Michigan's minimum wage now is $10.33 per hour; less for workers in restaurants and other tip industries.
The Supreme Court said a new wage schedule, adjusted for inflation as determined by the state treasurer, will take effect next February and then go up in subsequent years. The law also will gradually eliminate a lower minimum wage for tipped workers in restaurants.
The sick leave provisions mean many businesses will be required to provide workers with paid time off.
Business groups bemoaned the decision.
“These changes will impact nearly every business across Michigan,” said Wendy Block with the Michigan Chamber, a statewide business organization. “We are preparing for the harsh realities of this decision that jobs will be lost and some businesses will be forced to close because of this unprecedented decision.”
The chamber said it was disappointed by the “court's activism.”
