March 23, 2023

Volume XIII, Number 82


March 22, 2023

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March 21, 2023

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March 20, 2023

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UPDATE: Michigan’s Paid Medical Leave and Minimum Wage Laws Remain Unchanged for Now

On January 26, 2023, the Michigan Court of Appeals released a highly anticipated opinion on Michigan’s Paid Medical Leave Act and minimum wage in the case of Mothering Justice v. Nessel which tackled the constitutionality of the legislative “adopt-and-amend” strategy that changed ballot proposals and impacted Michigan’s minimum hourly wage rate and paid medical leave.

The Court of Claims previously held that the adopt-and-amend strategy was unconstitutional. The Court of Appeals reversed the Court of Claims, effective immediately. Mothering Justice v. Nessel, No. 21-000095-MM 1 19-20 (Mich. Ct. App. 2023).

What Does This Mean for Employers?

  1. The Paid Medical Leave Act remains in effect without change, so employers no longer need to implement the Earned Sick Time Act in February of 2023.

  2. The current minimum wage remains unchanged.

Further appeal of the decision is anticipated. We will continue to monitor for any such appeal and any decision by the Michigan Supreme Court to review the case. 

© 2023 Varnum LLPNational Law Review, Volume XIII, Number 27

About this Author

Luis E. Avila Labor Employment Attorney Varnum Law Grand Rapids

Luis focuses his practice on labor, employment and immigration issues. Luis has a wide range of experience in traditional labor matters, including grievances, arbitrations, collective bargaining negotiations, union drives, and matters in front of the National Labor Relations Board (NLRB) and the Michigan Employment Relations Commission (MERC). Luis has counseled employers on a number of workplace matters, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination, disability accommodation, wage-hour matters, family medical leave, and...

Maureen Rouse-Ayoub Labor Employment Attorney

Maureen represents clients in all areas of labor and employment. She advises clients on labor management relations including union election proceedings, collective bargaining and contract enforcement in arbitration and before the National Labor Relations Board. Maureen defends employment-related claims including discrimination, sexual harassment, wrongful discharge, Whistleblowers' and Fair Labor Standards Act violations in federal and state courts, administrative proceedings and arbitration hearings. She counsels clients on drafting, implementation and enforcement of workplace policies....

Elizabeth Wells Skaggs, labor and employment attorney, Varnum

Beth is a partner in the labor and employment practice group, focusing employment issues and litigation. She has counseled business clients on a variety of matters affecting the workplace, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination issues, disability accommodation, wage-hour matters, family medical leave, harassment prevention and litigation avoidance.  When litigation is unavoidable, Beth has significant experience representing employers under the numerous state and federal statutes that govern the...

Stephanie R. Setterington, labor and employment attorney, Varnum

Stephanie advises employers on a wide variety of labor and employment matters, with an emphasis on employment litigation defense, and the identification and development of best practices in the area of human resources. She has worked extensively as labor and employment counsel for publicly-traded and privately-held companies that vary from single-site businesses to multi-state or global entities. She works with each client to ensure compliance with labor and employment-related legal requirements, develop effective human resource operations, and achieve the successful...

Ashleigh E. Draft Associate Grand Rapids Labor & Employment

Ashleigh is an associate attorney currently working with the labor and employment group. She also works with higher education clients and provides support on a variety of litigation matters.

Ashleigh’s experience includes serving as a legal extern for the Michigan Court of Appeals Research Division. She also clerked for Michigan Appeals Court Judge Jane Beckering. Prior to law school, Ashleigh served organizations in the higher education and nonprofit sectors in various development and communications roles.