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Earlier today, the Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now.

In agreeing to stay the ruling for 205 days, until February 19, 2023, Judge Shapiro rejected the request for a stay pending appeal. He said that any further stays would have to be granted by the Michigan Court of Appeals or Michigan Supreme Court. A request for a stay until the case is fully decided has not yet been filed with the appellate court—but is expected.

Employers can breathe a sigh of relief for now, but they may want to keep an eye on this case, given the significant differences between the amended versions of the laws that are currently in effect (and will remain in effect during the stay) and the original ballot initiatives.

Ogletree Deakins’ Detroit (Metro) office will continue to monitor developments with respect to Michigan’s Improved Workforce Opportunity Wage Act and Earned Sick Time Act and provide updates on the firm’s Leaves of Absence, Michigan, and Wage and Hour blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.

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Leaves of Absence/Reasonable Accommodation

Managing leaves and reasonably accommodating employees can be complex, frustrating, and expose employers to legal peril. Employers must navigate a bewildering array of state and federal statutes, with seemingly contradictory mandates.

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Wage and Hour

Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.

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