An attorney general opinion could undo small business exemption from mandate.
Job Providers Coalition Confident in Constitutionality of Paid Sick Leave, Minimum Wage Laws
New laws protects jobs, benefits for Michiganders
LANSING, Feb. 19, 2019–The Small Business for a Better Michigan (SBBM) today expressed their confidence in the paid sick leave and minimum wage laws that were approved by the Michigan Legislature in 2018.
The coalition supported the revisions to the ballot proposals that were approved by the Legislature, bringing Michigan more in line with federal policies and other states. As these laws are scheduled to go into effect on March 29, Michigan employers are looking for certainty and clarity regarding their rights and responsibilities under this law. An adverse legal opinion on this matter could create an administrative nightmare for job providers and unintended consequences for employees in the process.
SBBM is confident that a legal review of these laws will show they are constitutional. NFIB, The Michigan Chamber, Michigan Manufacturers Association and Small Business Association of Michigan expressed their support for the legislature’s action last fall:
NFIB: “We believe the legislature was on solid constitutional ground when they adopted the ballot proposal and amended it to make much needed changes to the original language,” said Charlie Owens, the NFIB state director in Michigan. “The original proposal was an extreme mandate on Michigan employers, especially small business employers, and we are calling on the Attorney General to uphold the Constitution in her opinion.”
Michigan Chamber: “We commend Attorney General Nessel for inviting comments on the constitutionality of the legislative enactment and amendment of the mandatory paid sick leave and minimum wage laws,” said Wendy Block, Vice President of Business Advocacy for the Michigan Chamber. “We are confident the Legislature acted within its constitutional authority.”
MMA: “We are very confident the courts will uphold the constitutional authority for the legislature to implement reasonable paid leave policies in Michigan. Michigan is now one of just eleven states that have statutorily mandated paid leave policies. Twenty-nine states do not impose paid leave requirements. We believe the legislature implemented a policy that balances the interests of Michigan families and a positive business climate that attracts more jobs to this state,” said Mike Johnston, VP of Government Affairs for the Michigan Manufacturers Association.
SBAM: “It has become increasingly common for policies to be challenged legally when opponents lose the issue in the regular lawmaking process and that is not at all surprising,” said Brian Calley, president of the Small Business Association of Michigan. “We are very confident that the legislature acted squarely within its constitutional authority.”
The Small Business for a Better Michigan coalition is an organization of state job providers that seeks to educate voters about the danger of business policy being dictated by out of state groups and special interests, rather than leaving policy making in the hands of policy makers. Members of the coalition include NFIB, Michigan Manufacturing Association (MMA), Small Business Association of Michigan (SBAM), Michigan Restaurant Association (MRA), Michigan Chamber of Commerce, Michigan Soft Drink Association, Home Builders Association of Michigan, Michigan Retailers Association, Associated Builders & Contractors of Michigan, Michigan Freedom Fund, Grand Rapids Chamber of Commerce, Detroit Regional Chamber of Commerce, Lansing Regional Chamber of Commerce, Auto Dealers of Michigan, Michigan Dental Association, and Michigan Golf Course Association.
