The Michigan Legislature’s controversial “pass and amend” tactic involves the Legislature taking a ballot measure before letting it go to the voters and then making significant changes to it during the legislative session.
A 4-3 decision by the Michigan Supreme Court on Wednesday found that the legislative tactic — used by the legislature in 2018 gut a voter-approved ballot initiative to raise the state minimum wage — was “unconstitutional” because it bypassed the petition process.
“It was very controversial at the time. The Legislature was under Republican control at the time,” Eggert said. “Ballot initiatives are generally thought to generate extraordinary turnout, especially on these issues, likely for Democrats; for Republicans and business groups, they feel the laws were impractical.
The decision, which will allow for increases in the state’s minimum wage and tip minimum wage — as well as an expansion of the state’s sick leave laws — will have a big impact on local businesses.
Some critics of the changes are proposing exemptions for small businesses.
“Are they going and trying to go back to exempting all businesses with 50 or fewer employees? That could be a pretty tough shift in a Democrat-led legislature,” Eggers said.
The new minimum wage law will enter into force in February 2025.
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