In 2018, the Michigan legislature adopted, and then within the same legislative session amended, two voter-approved ballot initiatives, one to significantly raised Michigan’s minimum wage and the other to expand employer obligations to provide paid sick leave. In 2022, the Michigan Court of Claims held that the legislature’s actions violated the Michigan Constitution and ordered reinstatement of the ballot initiatives as originally presented.

However, in January 2023, prior to the ordered reinstatement date, the Michigan Court of Appeals reversed that decision, concluding that the legislature did in fact possess such authority. The Michigan Supreme Court has now agreed to hear the matter and decide which version of the law is valid and, in doing so, whether the legislature has the authority under the Michigan Constitution to adopt and amend voter-approved ballot initiatives within the same legislative session. Mothering Justice et al. v. Attorney General and State of Michigan, Appeal No. 165325 (Mich. June 21, 2023).

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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.