NFIB Files Amicus Brief on “Adopt and Amend” Court Case

Date: September 28, 2022

FOR IMMEDIATE RELEASE

LANSING, MI (Sept. 28, 2022) – The National Federation of Independent Business (NFIB), the state’s leading small business advocate, filed an amicus brief today in the case Mothering Justice et al. v the State of Michigan, currently before the Michigan Court of Appeals. The case concerns whether the legislature had the authority to adopt and then amend the paid sick leave and minimum wage ballot proposals. The brief is in support of the State of Michigan’s appeal of the Court of Claims ruling striking down amendments made to the adopted proposals at the end of 2018.

“Legislative changes to the adopted proposals for paid sick leave and minimum wage were needed to provide clarity to all businesses, remove untenable regulatory requirements, and prevent undue economic hardship for small businesses,” said Amanda Fisher, NFIB Michigan State Director. “We fully supported the legislature’s action and believe they were on solid constitutional ground in doing so.”

The brief argues that while the constitution prohibits the legislature from amending a ballot proposal that has been enacted through a vote of the people in the same session, there is no such prohibition for those proposals adopted by the legislature. Read the full brief HERE.

NFIB filed the amicus brief with several other business associations and local chambers, including the Michigan Chamber, Michigan Manufacturers Association, Small Business Association of MI, Grand Rapids Chamber, and Associated Builders & Contractors of MI.

“Both the executive and judicial branches continue to try and usurp the constitutional power of the legislature to make laws. The legislature represents all Michigan citizens, not just a small subset of registered voters needed for a ballot proposal,” continued Fisher. “After three years and a pandemic, small business owners are now in limbo wondering if and when they will need to implement the regulatory and economic nightmare that is the Paid Sick Leave ballot proposal – and whether they can hope to survive. We hope the court will follow the constitution and finally put this issue to rest.”

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For nearly 80 years, NFIB has been the voice of small business, advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is nonprofit, nonpartisan, and member-driven. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses and remains so today. For more information, please visit www.NFIB.com.

Related Content: Small Business News | Michigan

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