Joins the Legislature in calling on the Supreme Court to provide certainty to employers
LANSING, Feb. 20, 2019–The Small Business for a Better Michigan (SBBM) today expressed support for House Resolution 25 and Senate Resolution 16, taken up by the House and Senate today, calling on the Michigan Supreme Court to opine on the constitutionality of the legislative amendments to the Paid Sick Leave and Minimum Wage laws last session.
SBBM supported the revisions to the ballot proposals that were approved by the Legislature, bringing Michigan more in line with federal policies and other states.
The Resolutions were passed by lawmakers in response to a request made to the Attorney General asking for the constitutionality of adopting and amending a citizen-initiated petition within the same session. If the Attorney General’s opinion was unfavorable, it would create an administrative nightmare for job providers and unintended consequences for employees in the process.
“It has become increasingly common for policies to be challenged legally when opponents lose the issue in the regular lawmaking process,” said Brian Calley, president of the Small Business Association of Michigan. “In this case, the uncertainty of waiting for a final decision from a lengthy court process will cause great harm to our economy, job providers and their employees. Having an opinion from the Supreme Court makes sense for all parties involved. We are very confident that the legislature acted squarely within its constitutional authority.”
Charlie Owens, state director of the NFIB in Michigan concurred. “This action is critical for thousands of Michigan small business owners trying to figure out which version of the law they will have to comply with by the March 29 deadline. We believe the Legislature was on solid constitutional ground in making the changes, but only the state Supreme Court can settle this issue once and for all.”
“We applaud the House and Senate for asking the Michigan Supreme Court to render an opinion on the constitutionality of the minimum wage and mandatory paid sick leave statues,” said Wendy Block, Vice President of Business Advocacy for the Michigan Chamber. “Employers and employees alike would be harmed by a protracted legal dispute on the constitutionality of the law. The Michigan Supreme Court has the opportunity to bring clarity and finality to the state of the law.”
“We are very confident the courts will uphold the constitutional authority for the legislature to implement reasonable paid leave policies in Michigan and welcome a review by the Supreme Court. Businesses need certainty as they make investment decisions for the future. Lingering uncertainty on this issue damages Michigan’s business climate and stymies job growth. The legislature made the right call in implementing a policy that balances the interests of Michigan families and a positive business climate that attracts more jobs to this state,” said Mike Johnston, VP of Government Affairs for the Michigan Manufacturers Association.
The Small Business for a Better Michigan coalition is an organization of state job providers that seeks to educate voters about the danger of business policy being dictated by out of state groups and special interests, rather than leaving policy making in the hands of policy makers. Members of the coalition include the Michigan Manufacturing Association, NFIB, Small Business Association of Michigan, Michigan Restaurant and Lodging Association, Michigan Chamber of Commerce, Michigan Soft Drink Association, Home Builders Association of Michigan, Michigan Retailers Association, Associated Builders & Contractors of Michigan, Michigan Freedom Fund, Grand Rapids Chamber of Commerce, Detroit Regional Chamber of Commerce, Lansing Regional Chamber of Commerce, Auto Dealers of Michigan, Michigan Dental Association, and Michigan Golf Course Association.