After adopting two ballot initiatives to raise the minimum wage and mandate paid sick time for employees, the Michigan Legislature is now considering amending the language of the legislation during their lame-duck session.
By passing the proposals in September rather than letting them appear on the ballot, the Legislature made it possible to amend them with only a simple majority. Had they been approved by voters, any amendment would have required a two-thirds vote in both legislative chambers.
Under the minimum wage proposal as adopted, Michigan’s minimum wage would gradually rise to $12 an hour by the year 2022, and a separate wage for tipped staff would be phased out by 2024.
Tipped staff currently make $3.52 an hour, significantly less than the minimum hourly wage of $9.25.
Senate Bill 1171, introduced by Sen. Dave Hildenbrand, R-Lowell, would maintain the increased minimum wage but would bring back the lower wage for tipped employees.
If the amendment is approved, tipped workers would take home 38 percent of the full minimum wage in addition to their tips. When the minimum wage hits $12 an hour in 2022, it will equate to an hourly rate of $4.56 for tipped workers.
If an employee’s tips and hourly wage don’t combine to equal the full minimum wage, the employer would have to cover the difference.
Mark Brewer, an attorney for the groups behind both ballot proposals, previously said that One Fair Wage — backer of the adopted minimum wage proposal — is willing to go to court to defend it against any amendments.
“It violates the Michigan Constitution — Article II, Section IX — for the Legislature to enact a proposal and then amend it in the same session,” Brewer said. “Their choices are reject, adopt or reject and put another proposal on the ballot.”
Under the second initiative adopted by the Legislature earlier this year, employees in Michigan would accrue one hour of paid sick time for every 30 hours they work, up to 40 hours of sick time per year.
Senate Bill 1175, introduced by Senate Majority Leader-elect Mike Shirkey, R-Clarklake, would reduce the amount of time employers are required to track hours worked and accrued sick time from three years to six months.
Additionally, the amendment would remove language barring employers from taking action against an employee within 90 days of the employee alleging the employer violated the paid sick leave law.
Both initiatives passed the Senate in 24-13 votes which were split nearly evenly along party lines; both passed the House 78-28.
Including these initiatives, the Legislature has approved nine ballot proposals since the state’s most recent constitution was ratified in 1963. Amending an approved ballot initiative would be a first.
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