Michigan Supreme Court Hears “Adopt and Amend” Case

December 6, 2023 Last Edit: March 20, 2026

NFIB Hopefully Supreme Court Ruling Provides Earned Sick Time Clarity

Michigan Supreme Court Hears “Adopt and Amend” Case

NFIB, the state’s leading small business advocate, had the following comment on the hearing of “Adopt and Amend” heard before the Michigan Supreme Court this morning. The case concerns whether the Legislature had the authority to adopt and then amend the paid sick leave and minimum wage ballot proposals. In January 2023, the Michigan Appeals Court ruled 3-0 that the ability of the legislature to adopt and then amend a citizen initiated referendum in the same session was constitutional. This overturned a previous Court of Claims ruling. “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.” 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. “After almost five 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 “Earned Sick Time” proposal. We hope the Michigan Supreme Court will follow the unanimous Appeals Court Decision and finally put this issue to rest.”

Topics:

Taxes

State:

Michigan

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