Citing legislative “sleight of hand,” the Michigan Court of Claims has held that the Michigan legislature violated the state’s Constitution when, in 2018, it adopted and then immediately amended ballot initiatives to increase the state’s minimum wage and to require employer-paid sick leave. Mothering Justice v. Nessel, No. 21-000095-MM (July 19, 2022). Therefore, the court held, the current versions of the Improved Workforce Opportunity Wage Act (IWOWA) (the minimum wage law) and the Paid Medical Leave Act are void. As a result, Michigan’s minimum wage immediately may increase to $12.00 per hour (from its current $9.87 per hour) and the state’s paid sick leave law may expand substantially.

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Tags: leave, paid sick leave
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Photo of Allan S. Rubin Allan S. Rubin

Allan S. Rubin is a principal in the Detroit, Michigan, office of Jackson Lewis P.C. He is a nationally renowned trial and appellate attorney whose nationwide practice focuses on wage and hour, class action, and employment litigation.

Allan currently serves as lead counsel…

Allan S. Rubin is a principal in the Detroit, Michigan, office of Jackson Lewis P.C. He is a nationally renowned trial and appellate attorney whose nationwide practice focuses on wage and hour, class action, and employment litigation.

Allan currently serves as lead counsel on multiple class action matters, including class actions involving the retail and hospitality, medical, and call center industries involving wage and hour issues, RICO, and advertising issues. Allan regularly represents medical providers in employment, advertising, and litigation matters. In addition, Allan is employment counsel to a number of businesses in the retail, bar, and entertainment industries, and has previously served as both an independent and non-independent director of a publicly traded company involved in the bar and nightclub industry.

Allan has tried a significant number of cases throughout the United States and has frequently argued appellate matters before state and federal appellate courts. During the course of Allan’s career, he has handled a wide variety of matters, including the defense of nationwide and state class actions, employment, and labor matters, including FLSA and state wage and hour claims, sexual harassment claims, complex trade secrets cases, defamation actions, commercial litigation, white collar criminal defense, corporate internal investigations, and constitutional law matters, amongst others.

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