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.