Advocates and Democratic lawmakers rail against bills to alter minimum wage and sick time policies

By: Eliot Pierce

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Labor activists and Democratic lawmakers are asking the state legislature to halt its work on bills that would amend the Michigan Supreme Court’s order to phase out sub-minimum tipped wages and enact new sick leave regulations.

In addition to phasing out sub-minimum tipped wages and establishing new guidelines for paid sick leave, the MSC demanded this summer that Michigan’s minimum wage be raised to $15 over the following several years. The court ruled that the 2018 Legislature’s efforts to accept and alter a citizen-led petition were unconstitutional, watering down the post-election adjustments. These amendments are scheduled to go into effect on Friday.

Advocates and a number of Democratic legislators attended a press conference to urge lawmakers to halt their work as legislation to amend the impending changes are set to be advanced by lawmakers on Wednesday at the request of business owners and employees in the service industry.

We are not going to sit aside, which is why we are here today. Representative Tonya Myers Phillips (D-Detroit) stated, “We will not stand by and watch as Republicans try to destroy Michigan’s rights and their livelihoods today.”

The news conference’s speakers emphasized sick leave regulations. If no legislation is passed, Michigan’s sick leave policy will mandate that companies provide up to 72 hours of paid leave per year. Companies with less than 10 employees must provide paid leave for the first 40 hours, and those with 10 or more employees must provide paid leave for 72 hours.

The Republican-led state House and Democratic-led state Senate are presently negotiating their own ideas to modify the modifications required by the state Supreme Court’s decision, both of which would increase exemptions for providing small firms with paid sick leave.

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But according to speakers at the press conference, all employees should have the chance to take time off work to care for themselves and their loved ones, and such benefits shouldn’t be reduced.

Rep. Donovan McKinney (D-Detroit) stated during the press conference that changing the state Supreme Court’s ruling to support the modifications requested under the 2018 citizen-led petition is detrimental to families and employees. He recalled the incident in which he learned that a mother in the next hospital room had worked a full shift on Friday, given birth over the weekend, and had to get ready to return to work on Monday after his kid was born in 2022.

“I stood in that hospital room holding him for the first time, and it was a moment of joy and overwhelming responsibility. I couldn’t help but think that every parent deserves a chance to be fully present for those precious first days,” McKinney said. Nobody should have to decide between maintaining a career and taking care of a newborn, or between their income and their health. It’s not acceptable. It is anti-family and anti-worker. This is just one of the several justifications for the necessity of earned sick leave.

According to Myers Phillips, attempts to reverse the ruling of the state Supreme Court will once more mute the opinions of Michiganders who contributed to the initial ballot measure. “I couldn’t say if groups would legally challenge any actions by the Legislature to roll back the state Supreme Court’s order,” said Myers Phillips, a founding member of Mothering Justice, the nonprofit organization that campaigned to block the 2018 Legislature’s adopt and amend initiatives.

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In a letter to House and Senate leadership on Monday, Samuel R. Bagenstos, a law professor at the University of Michigan and a former principal deputy assistant attorney general for civil rights in the Biden administration’s U.S. Department of Justice, warned that bills that seek to alter minimum wage and sick leave policies go against the spirit of the Michigan Supreme Court’s decision.

According to Bagenstos, the Legislature is currently reevaluating whether to pass modifications that would lessen the impact of the measures it passed into law in 2018. I believe that doing so will only strengthen and amplify the Legislature’s initial action to weaken the people’s initiative.

“Groups that support the court’s decision are considering their legal options should the Legislature implement changes to the efforts sought in the petition,” Chris White, Director of the Restaurant Opportunities Center of Michigan, which filed the lawsuit that challenged the Legislature’s 2018 decisions and led to the Michigan Supreme Court’s ruling, told the Advance.

White notes that those who suffer under the current system are not the ones who had the paid leave policies for economic freedom to come to the Capitol and have their voices heard. Many servers and business owners have testified in committees and at rallies at the Capitol about how they have used tipped wages to pay for college educations and second homes from the status quo. White claims that instead, politicians have been listening to businesses and special interest organizations who have an interest in not paying workers the minimum wage.

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Since the Supreme Court’s injunction does not harm the people who have been visiting the Capitol, we think that everything should simply follow its ruling. According to White, the recent Supreme Court ruling actually improves their base income. We don’t think the Supreme Court’s ruling will harm them, and we think their managers, restaurant owners, and lobbyists have given them a lot of false information.

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