Metropolitan Milwaukee Association of Commerce v. City of Milwaukee

Circuit Court for Milwaukee County

The Metropolitan Milwaukee Association of Commerce filed suit on Dec. 22, 2008, challenging the city of Milwaukee's paid sick leave mandate. On Nov. 4, 2008, Milwaukee became the third city in the United States, after San Francisco and the District of Columbia, to require that all city businesses provide their employees with paid sick leave through the passage of a binding referendum. Milwaukee's paid sick leave mandate takes effect Feb. 10, 2009.

The binding referendum provides that all private sector employees employed within the city will accrue one hour of paid sick leave for every 30 hours worked, but no more than 72 hours of paid sick leave per calendar year (i.e. nine paid sick days per year with accruals to be carried over from year to year to a maximum of 72 hours).

In its amicus brief filed in support of MMAC, NFIB argues that the measure interferes with employers' rights to negotiate mutually beneficial labor agreements with their employees and is an illegal extension of the Milwaukee's authority into areas of law reserved to the state.

Status: PENDING. Amicus brief filed Jan. 28, 2009.