MichMash: Will MI Supreme Court Offer Clarity on Minimum Wage, Sick Leave Laws?

Lawmakers adopted then gutted those petition initiatives late last year. Is that legal?

Michigan Supreme Court

Michigan Supreme Court

WDET Digital

The Michigan State Supreme Court has agreed to hear arguments about Michigan’s minimum wage and paid sick leave laws.

Last year, there were successful petition initiatives aimed at raising the state’s minimum wage and guaranteeing paid sick leave for workers.

Michigan’s petition initiative process gives lawmakers a chance to pass these kinds of measures themselves instead of letting them go before voters on the ballot.

The Republican-controlled state Legislature opted for that option, with the intent that they would go back and gut those laws during the Lame Duck session in December. 

They did just that.

But is that even legal? Can lawmakers pass a petition initiative and then drastically alter it within the same two-year session without running afoul of the state constitution?

That’s a question we don’t have a clear answer to at the moment. Multiple attorneys general have reached different and contradicting conclusions in the past.

But the Michigan Supreme Court might offer some clarity on the issue. This week, justices announced they will hear arguments on both sides of that question. They have not, however, promised one way or the other to issue an advisory opinion.

As part of the weekly series MichMash, Jake Neher and Cheyna Roth explain what this all means.

Click on the audio player above to hear that conversation.

Authors

  • Cheyna Roth is the co-host and creator of WDET's state politics podcast, MichMash. She has been an audio journalist for almost a decade, covering major events like presidential elections, college scandals, the Michigan Legislature and more, appearing on NPR and across Michigan public radio stations. Cheyna is also a senior producer and podcast host for Slate.com, having produced and hosted shows like Political Gabfest, The Waves, and What Next TBD. Also an author, Cheyna has written two true crime books and her written work has appeared in Broadly, Slate, and MLive, among others.
  • Jake Neher is senior producer for Detroit Today and host of MichMash for 101.9 WDET. He previously reported on the Michigan Legislature for the Michigan Public Radio Network.